50360 Federal Register / Vol. 78, No. 160 / Monday, August 19, 2013 / Proposed Rules 

Members and Their Dependents.’’ 

Subsequent to the publication of the 

proposed rule in the Federal Register, 

DoD discovered that an identical 

proposed rule published in the Federal 

Register on Friday, June 7, 2013 (78 FR 

34292–34293). DoD is hereby 

withdrawing the proposed rule that 

published in the Federal Register on 

Thursday, August 8, 2013. 

DATES: As of August 19, 2013 the 

proposed rule published August 8, 2013 

(78 FR 48366–48367), is withdrawn. 

FOR FURTHER INFORMATION CONTACT: 

Patricia Toppings, 571–372–0485. 

Dated: August 14, 2013. 

Aaron Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2013–20121 Filed 8–16–13; 8:45 am] 

BILLING CODE 5001–06–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2011–0888; EPA–R05– 

OAR–2011–0969; EPA–R05–OAR–2012– 

0567; EPA–R05–OAR–2012–0988; FRL– 

9900–19–Region 5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana; 

Infrastructure SIP Requirements for 

the 2008 Lead and Ozone National 

Ambient Air Quality Standards; Indiana 

PSD; Indiana State Board 

Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

elements of state implementation plan 

(SIP) submissions by Indiana regarding 

the infrastructure requirements of 

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

Air Act (CAA) for the 2008 lead and 

2008 8-hour ground level ozone national 

ambient air quality standards (2008 Pb 

and ozone NAAQS). The infrastructure 

requirements are designed to ensure that 

the structural components of each 

state’s air quality management program 

are adequate to meet the state’s 

responsibilities under the CAA. EPA is 

also proposing to approve portions of 

submissions from Indiana addressing 

EPA’s requirements for the prevention 

of significant deterioration (PSD) 

program. Lastly, EPA is proposing to 

approve a submission from Indiana 

addressing the state board requirements 

under section 128 of the CAA. 

DATES: Comments must be received on 

or before September 18, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2011–0888 (2008 Pb infrastructure 

SIP elements), EPA–R05–OAR–2011– 

0969 (2008 ozone infrastructure SIP 

elements), EPA–R05–OAR–2012–0567 

(PSD elements), or EPA–R05–OAR– 

2012–0988 (state board requirements), 

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. EPA–R05–OAR–2011–0888 

(2008 Pb infrastructure SIP elements), 

EPA–R05–OAR–2011–0969 (2008 ozone 

infrastructure SIP elements), EPA–R05– 

OAR–2012–0567 (PSD elements), or 

EPA–R05–OAR–2012–0988 (state board 

requirements). 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 

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 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, 

Environmental Engineer, 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 should I consider as I prepare my 

comments for EPA? 

II. What is the background of these SIP 

submissions? 

A. What state SIP submissions does this 

rulemaking address? 

B. Why did the state make these SIP 

submissions? 

C. What is the scope of this rulemaking? 

III. What guidance is EPA using to evaluate 

these SIP submissions? 

IV. What is the result of EPA’s review of 

these SIP submissions? 

A. Section 110(a)(2)(A)—Emission Limits 

and Other Control Measures 

B. Section 110(a)(2)(B)—Ambient Air 

Quality Monitoring/Data System 

C. Section 110(a)(2)(C)—Program for 

Enforcement of Control Measures; PSD 

D. Section 110(a)(2)(D)—Interstate 

Transport 

E. Section 110(a)(2)(E)—Adequate 

Resources 

F. Section 110(a)(2)(F)—Stationary Source 

Monitoring System 


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G. Section 110(a)(2)(G)—Emergency 

Powers 

H. Section 110(a)(2)(H)—Future SIP 

Revisions 

I. Section 110(a)(2)(I)—Nonattainment Area 

Plan or Plan Revisions Under Part D 

J. Section 110(a)(2)(J)—Consultation With 

Government Officials; Public 

Notifications; PSD; Visibility Protection 

K. Section 110(a)(2)(K)—Air Quality 

Modeling/Data 

L. Section 110(a)(2)(L)—Permitting Fees 

M. Section 110(a)(2)(M)—Consultation/

Participation by Affected Local Entities 

V. What action is EPA taking? 

VI. 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 of these SIP 

submissions? 

A. What state SIP submissions does this 

rulemaking address? 

This rulemaking addresses the 

following: A December 12, 2011, 

submission from the State of Indiana 

intended to meet the applicable 

infrastructure SIP requirements for the 

2008 Pb and ozone NAAQS; a July 12, 

2012, submission that was 

supplemented on December 12, 2012, to 

address various EPA requirements for 

its PSD program for incorporation into 

its PSD SIP; and, a November 29, 2012, 

submission that was supplemented on 

December 12, 2012, and May 22, 2013, 

to address the state board requirements 

under section 128 for incorporation into 

the SIP. The Indiana Department of 

Environmental Management (IDEM) has 

requested that EPA approve these 

revisions with respect to PSD, as well as 

the state board requirements of section 

128, as satisfying any applicable 

infrastructure SIP requirements for the 

2008 Pb and ozone NAAQS. 

B. Why did the state make these SIP 

submissions? 

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

CAA, states are required to submit 

infrastructure SIPs to ensure that their 

SIPs provide for implementation, 

maintenance, and enforcement of the 

NAAQS, including the 2008 Pb and 

ozone 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 for Pb and ozone 

already meet 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 an additional guidance document 

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). The 

most recent infrastructure SIP guidance 

document to date is entitled, ‘‘Guidance 

on infrastructure SIP Elements Required 

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

2008 Lead (Pb) National Ambient Air 

Quality Standards (NAAQS)’’ (2011 

Memo) and was issued on October 14, 

2011. Indiana’s SIP submissions 

referenced in this rulemaking pertain to 

the applicable requirements of section 

110(a)(1) and (2), and primarily address 

the 2008 Pb and ozone NAAQS. To the 

extent that the PSD program is 

comprehensive and non-NAAQS 

specific, a narrow evaluation of other 

NAAQS, such as the 1997 8-hour ozone 

and 2006 PM2.5 NAAQS, will be 

included in the appropriate sections. 

C. What is the scope of this rulemaking? 

This rulemaking will not cover four 

substantive areas that are not integral to 

acting on a state’s infrastructure SIP 

submission: (i) Existing provisions 

related to excess emissions during 

periods of start-up, shutdown, or 

malfunction at sources, that may be 

contrary to the CAA and EPA’s policies 

addressing such excess emissions 

(‘‘SSM’’); (ii) existing provisions related 

to ‘‘director’s variance’’ or ‘‘director’s 

discretion’’ that purport to permit 

revisions to SIP approved emissions 

limits with limited public process or 

without requiring further approval by 

EPA, that may be contrary to the CAA 

(‘‘director’s discretion’’); (iii) existing 

provisions for minor source new source 

review (NSR) programs that may be 

inconsistent with the requirements of 

the CAA and EPA’s regulations that 

pertain to such programs; and, (iv) 

existing provisions for PSD programs 

that may be inconsistent with current 

requirements of EPA’s ‘‘Final NSR 

Improvement Rule,’’ 67 FR 80186 

(December 31, 2002), as amended by 72 

FR 32526 (June 13, 2007) (‘‘NSR 

Reform’’). Instead, EPA has the 

authority to address each of these four 

areas in separate rulemakings. A 

detailed rationale can be found in EPA’s 

July 13, 2011, final rule entitled, 

‘‘Infrastructure SIP Requirements for the 

1997 8-hour Ozone and PM2.5 National 

Ambient Air Quality Standards’’ in the 

section entitled, ‘‘What is the scope of 

this final rulemaking?’’ (see 76 FR 41075 

at 41076–41079). 

In addition, EPA is not acting on 

portions of section 110(a)(2)(D)(i)— 

Interstate transport and section 

110(a)(2)(J)—Consultation with 

government officials, public 

notifications, PSD, and visibility 

protection. EPA is also not acting on 

section 110(a)(2)(I)—Nonattainment 

Area Plan or Plan Revisions Under Part 

D, in its entirety. The rationale for not 

acting on elements of these 

requirements is discussed below. 

III. What guidance is EPA using to 

evaluate these SIP submissions? 

EPA’s guidance for these 

infrastructure SIP submissions is 

embodied in the 2007 Memo. 

Specifically, attachment A of this 

memorandum (Required Section 110 

SIP Elements) identifies the statutory 

elements that states need to submit in 

order to satisfy the requirements for an 

infrastructure SIP submission. The 2009 

Memo was issued to provide additional 

guidance for certain elements to meet 

the requirements of section 110(a)(1) 

and (2) of the CAA, and the 2011 Memo 

provides guidance specific to the 2008 

Pb NAAQS. 

IV. What is the result of EPA’s review 

of these SIP submissions? 

As noted in the 2011 Memo, pursuant 

to section 110(a), states must provide 

reasonable notice and opportunity for 

public hearing for all infrastructure SIP 

submissions. Indiana provided the 

opportunity for public comment 

between October 28, 2011, and 

December 9, 2011. Additionally, IDEM 

provided an opportunity for a public 


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1See, e.g., EPA’s 73 FR 66964 at 67034, final rule 

on ‘‘National Ambient Air Quality Standards for 

Lead.’’ 

2PM10 refers to particles with diameters between 

2.5 and 10 microns, oftentimes referred to as 

‘‘coarse’’ particles. 

3 In EPA’s April 28, 2011, proposed rulemaking 

for infrastructure SIPS for the 1997 ozone and PM2.5

NAAQS, we stated that each state’s PSD program 

must meet applicable requirements for evaluation of 

all regulated NSR pollutants in PSD permits (see 76 

FR 23757 at 23760). This view was reiterated in 

EPA’s August 2, 2012, proposed rulemaking for 

infrastructure SIPs for the 2006 PM2.5 NAAQS (see 

77 FR 45992 at 45998). In other words, if a state 

lacks provisions needed to adequately address Pb, 

NOX as a precursor to ozone, PM2.5 precursors, 

PM2.5 and PM10 condensables, PM2.5 increments, or 

the Federal GHG permitting thresholds, the 

provisions of section 110(a)(2)(C) requiring a 

suitable PSD permitting program must be 

considered not to be met irrespective of the NAAQS 

that triggered the requirement to submit an 

infrastructure SIP, including both the 2008 Pb and 

ozone NAAQS. 4Similar changes were codified in 40 CFR 52.21. 

hearing. No comments were received 

during the comment period, and a 

public hearing was not requested. EPA 

is also soliciting comment on our 

evaluation of IDEM’s infrastructure SIP 

submission in this notice of proposed 

rulemaking. Indiana provided a detailed 

synopsis of how various components of 

its SIP meets each of the requirements 

in section 110(a)(2) for the 2008 Pb and 

ozone NAAQS, as applicable. The 

following review evaluates Indiana’s 

submissions. 

A. Section 110(a)(2)(A)—Emission 

Limits and Other Control Measures 

This section requires SIPs to include 

enforceable emission limits and other 

control measures, means or techniques, 

schedules for compliance, and other 

related matters. However, EPA has long 

interpreted emission limits and control 

measures for attaining the standards as 

being due when nonattainment 

planning requirements are due.1 In the 

context of an infrastructure SIP, EPA is 

not evaluating the existing SIP 

provisions for this purpose. Instead, 

EPA is only evaluating whether the 

state’s SIP has basic structural 

provisions for the implementation of the 

NAAQS. 

IDEM’s authority to adopt emissions 

standards and compliance schedules is 

found at Indiana Code (IC) 13–14–8, IC 

13–17–3–4, IC 13–17–3–11, and IC 13– 

17–3–14. EPA proposes that Indiana has 

met the infrastructure SIP requirements 

of section 110(a)(2)(A) with respect to 

the 2008 Pb and ozone NAAQS. 

As previously noted, EPA is not 

proposing to approve or disapprove any 

existing state provisions or rules related 

to SSM or director’s discretion in the 

context of section 110(a)(2)(A). 

B. Section 110(a)(2)(B)—Ambient Air 

Quality Monitoring/Data System 

This section requires SIPs to include 

provisions to provide for establishing 

and operating ambient air quality 

monitors, collecting and analyzing 

ambient air quality data, and making 

these data available to EPA upon 

request. This review of the annual 

monitoring plan includes EPA’s 

determination that the state: (i) Monitors 

air quality at appropriate locations 

throughout the state using EPAapproved Federal Reference Methods or 

Federal Equivalent Method monitors; 

(ii) submits data to EPA’s Air Quality 

System (AQS) in a timely manner; and, 

(iii) provides EPA Regional Offices with 

prior notification of any planned 

changes to monitoring sites or the 

network plan. 

IDEM continues to operate an air 

monitoring network; EPA approved the 

state’s 2013 Annual Air Monitoring 

Network Plan on October 31, 2012, 

including the plan for Pb and ozone. 

IDEM enters air monitoring data into 

AQS, and the state provides EPA with 

prior notification when changes to its 

monitoring network or plan are being 

considered. EPA proposes that Indiana 

has met the infrastructure SIP 

requirements of section 110(a)(2)(B) 

with respect to the 2008 Pb and ozone 

NAAQS. 

C. Section 110(a)(2)(C)—Program for 

Enforcement of Control Measures; PSD 

States are required to include a 

program providing for enforcement of 

all SIP measures and the regulation of 

construction of new or modified 

stationary sources to meet NSR 

requirements under the PSD and 

nonattainment new source review 

(NNSR) programs. Part C of the CAA 

(sections 160–169B) addresses PSD, 

while part D of the CAA (sections 171– 

193) addresses NNSR requirements. 

The evaluation of Indiana’s 

submission addressing the 

infrastructure SIP requirements of 

section 110(a)(2)(C) covers: (i) 

Enforcement of SIP measures; (ii) PSD 

program for the 2008 Pb and ozone 

NAAQS including provisions that 

explicitly identify oxides of nitrogen 

(NOx) as a precursor to ozone in the 

PSD program; (iii) identification of 

precursors to PM2.5 and the 

identification of PM2.5 and PM10 2

condensables in the PSD program; (iv) 

PM2.5 increments in the PSD program; 

and, (v) greenhouse gas (GHG) 

permitting and the ‘‘Tailoring Rule.’’ 3

Sub-Element 1: Enforcement of SIP 

measures 

IDEM maintains an enforcement 

program to ensure compliance with SIP 

requirements. IC 13–14–1–12 provides 

the Commissioner with the authority to 

enforce rules ‘‘consistent with the 

purpose of the air pollution control 

laws.’’ Additionally, IC 13–14–2–7 and 

IC 13–17–3–3 provide the 

Commissioner with the authority to 

assess civil penalties and obtain 

compliance with any applicable rule a 

board has adopted in order to enforce 

air pollution control laws. Lastly, IC 13– 

14–10–2 allows for an emergency 

restraining order that prevents any 

person from causing, or introducing 

contaminants, that cause or contribute 

to air pollution. EPA proposes that 

Indiana has met the enforcement of SIP 

measures requirements of section 

110(a)(2)(C) with respect to the 2008 Pb 

and ozone NAAQS. 

Sub-Element 2: PSD Program for the 

2008 Pb and Ozone NAAQS 

Pursuant to the 2011 Memo, a state 

should demonstrate that it is authorized 

to implement its PSD permit program to 

ensure that the construction of major 

stationary sources does not cause or 

contribute to a violation of the 2008 Pb 

NAAQS. Indiana’s EPA-approved SIP 

rules, contained at 326 Indiana 

Administrative Code (IAC) 2–2, contain 

provisions that adequately address the 

applicable infrastructure SIP 

requirements related to the 2008 Pb 

NAAQS. 

EPA’s ‘‘Final Rule to Implement the 8- 

Hour Ozone National Ambient Air 

Quality Standard—Phase 2; Final Rule 

to Implement Certain Aspects of the 

1990 Amendments Relating to New 

Source Review and Prevention of 

Significant Deterioration as They Apply 

in Carbon Monoxide, Particulate Matter, 

and Ozone NAAQS; Final Rule for 

Reformulated Gasoline’’ (Phase 2 Rule) 

was published on November 8, 2005 

(see 70 FR 71612). Among other 

requirements, the Phase 2 Rule 

obligated states to revise their PSD 

programs to explicitly identify NOX as 

a precursor to ozone (70 FR 71612 at 

71679, 71699–71700). This requirement 

was codified in 40 CFR 51.166, and 

consisted of the following: 4

40 CFR 51.166(b)(1)(ii): A major 

source that is major for volatile organic 

compounds or NOX shall be considered 

major for ozone; 

40 CFR 51.166 (b)(2)(ii): Any 

significant emissions increase (as 

defined at paragraph (b)(39) of this 


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5Note that this section of 40 CFR 51.166 has been 

amended as a result of EPA’s Final Rule on the 

‘‘Implementation of the New Source Review (NSR) 

Program for Particulate Matter Less than 2.5 

Micrometers (PM2.5); the regulatory text as listed 

was current as of the issuance of the Phase 2 Rule. 

The current citation for the VOCs and NOX as 

precursors for ozone are contained in 40 CFR 

51.166(b)(49)(i)(b)(i). 

6EPA notes that on January 4, 2013, the U.S. 

Court of Appeals for the D.C. Circuit, in Natural 

Resources Defense Council v. EPA, 706 F.3d 428 

(D.C. Cir.), held that EPA should have issued the 

2008 NSR Rule in accordance with the CAA’s 

requirements for PM10 nonattainment areas (Title I, 

Part D, subpart 4), and not the general requirements 

for nonattainment areas under subpart 1 (Natural 

Resources Defense Council v. EPA, No. 08–1250). 

As the subpart 4 provisions apply only to 

nonattainment areas, the EPA does not consider the 

portions of the 2008 rule that address requirements 

for PM2.5 attainment and unclassifiable areas to be 

affected by the court’s opinion. Moreover, EPA does 

not anticipate the need to revise any PSD 

requirements promulgated by the 2008 NSR rule in 

order to comply with the court’s decision. 

Accordingly, the EPA’s approval of Indiana’s 

infrastructure SIP as to elements (C), (D)(i)(II), or (J) 

with respect to the PSD requirements promulgated 

by the 2008 implementation rule does not conflict 

with the court’s opinion. The Court’s decision with 

respect to the nonattainment NSR requirements 

promulgated by the 2008 implementation rule also 

does not affect EPA’s action on the present 

infrastructure action. EPA interprets the CAA to 

exclude nonattainment area requirements, 

including requirements associated with a 

nonattainment NSR program, from infrastructure 

SIP submissions due three years after adoption or 

revision of a NAAQS. Instead, these elements are 

typically referred to as nonattainment SIP or 

attainment plan elements, which would be due by 

the dates statutorily prescribed under subpart 2 

through 5 under part D, extending as far as 10 years 

following designations for some elements. 

section) from any emissions units or net 

emissions increase (as defined in 

paragraph (b)(3) of this section) at a 

major stationary source that is 

significant for volatile organic 

compounds or NOX shall be considered 

significant for ozone; 

40 CFR 51.166(b)(23)(i): Ozone: 40 

tons per year (tpy) of volatile organic 

compounds or nitrogen oxides; 

40 CFR 51.166(b)(49)(i): 5 Any 

pollutant for which a national ambient 

air quality standard has been 

promulgated and any constituents or 

precursors for such pollutants identified 

by the Administrator (e.g., volatile 

organic compounds and NOX) are 

precursors for ozone; and 

40 CFR 51.166(i)(5)(i)(e) footnote 1: 

No de minimis air quality level is 

provided for ozone. However, any net 

emissions increase of 100 tpy or more of 

volatile organic compounds or nitrogen 

oxides subject to PSD would be required 

to perform an ambient impact analysis, 

including the gathering of air quality 

data. 

The Phase 2 Rule required that states 

submit SIP revisions incorporating the 

requirements of the rule, including 

these specific NOX as a precursor to 

ozone provisions, by June 15, 2007 (see 

70 FR 71612 at 71683). EPA approved 

revisions to Indiana’s PSD SIP reflecting 

these requirements on October 29, 2012 

(see 77 FR 65478). 

EPA proposes that Indiana has met 

this set of infrastructure SIP 

requirements of section 110(a)(2)(C) 

with respect to the 2008 Pb and ozone 

NAAQS. 

Sub-Element 3: Identification of 

Precursors to PM2.5 and the 

Identification of PM2.5 and PM10

Condensables in the PSD Program 

On May 16, 2008 (see 73 FR 28321), 

EPA issued the Final Rule on the 

‘‘Implementation of the New Source 

Review (NSR) Program for Particulate 

Matter Less than 2.5 Micrometers 

(PM2.5)’’ (2008 NSR Rule). The 2008 

NSR Rule finalized several new 

requirements for SIPS to address 

sources that emit direct PM2.5 and other 

pollutants that contribute to secondary 

PM2.5 formation. One of these 

requirements is for NSR permits to 

address pollutants responsible for the 

secondary formation of PM2.5, otherwise 

known as precursors. In the 2008 rule, 

EPA identified precursors to PM2.5 for 

the PSD program to be sulfur dioxide 

(SO2) and NOX (unless the state 

demonstrates to the Administrator’s 

satisfaction or EPA demonstrates that 

NOX emissions in an area are not a 

significant contributor to that area’s 

ambient PM2.5 concentrations). The 

2008 NSR Rule also specifies that 

volatile organic compounds (VOCs) are 

not considered to be precursors to PM2.5

in the PSD program unless the state 

demonstrates to the Administrator’s 

satisfaction or EPA demonstrates that 

emissions of VOCs in an area are 

significant contributors to that area’s 

ambient PM2.5 concentrations. 

The explicit references to SO2, NOX, 

and VOCs as they pertain to secondary 

PM2.5 formation are codified at 40 CFR 

51.166(b)(49)(i)(b) and 40 CFR 

52.21(b)(50)(i)(b). As part of identifying 

pollutants that are precursors to PM2.5,

the 2008 NSR Rule also required states 

to revise the definition of ‘‘significant’’ 

as it relates to a net emissions increase 

or the potential of a source to emit 

pollutants. Specifically, 40 CFR 

51.166(b)(23)(i) and 40 CFR 

52.21(b)(23)(i) define ‘‘significant’’ for 

PM2.5 to mean the following emissions 

rates: 10 tpy of direct PM2.5; 40 tpy of 

SO2; and 40 tpy of NOX (unless the state 

demonstrates to the Administrator’s 

satisfaction or EPA demonstrates that 

NOX emissions in an area are not a 

significant contributor to that area’s 

ambient PM2.5 concentrations). The 

deadline for states to submit SIP 

revisions to their PSD programs 

incorporating these changes was May 

16, 2011 (see 73 FR 28321 at 28341).6

The 2008 NSR Rule did not require 

states to immediately account for gases 

that could condense to form particulate 

matter, known as condensables, in PM2.5

and PM10 emission limits in NSR 

permits. Instead, EPA determined that 

states had to account for PM2.5 and PM10

condensables for applicability 

determinations and in establishing 

emissions limitations for PM2.5 and 

PM10 in PSD permits beginning on or 

after January 1, 2011. This requirement 

is codified in 40 CFR 51.166(b)(49)(i)(a) 

and 40 CFR 52.21(b)(50)(i)(a). Revisions 

to states’ PSD programs incorporating 

the inclusion of condensables were 

required be submitted to EPA by May 

16, 2011 (see 73 FR 28321 at 28341). 

EPA approved revisions to Indiana’s 

PSD SIP reflecting these requirements 

on October 29, 2012 (see 77 FR 65478), 

and therefore proposes that Indiana has 

met this set of infrastructure SIP 

requirements of section 110(a)(2)(C) 

with respect to the 2008 Pb and ozone 

NAAQS. 

Sub-Element 4: PM2.5 Increments in the 

PSD Program 

On October 20, 2010, EPA issued the 

final rule on the ‘‘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)’’ (2010 NSR Rule). This rule 

established several components for 

making PSD permitting determinations 

for PM2.5, including a system of 

‘‘increments’’ which is the mechanism 

used to estimate significant 

deterioration of ambient air quality for 

a pollutant. These increments are 

codified in 40 CFR 51.166(c) and 40 

CFR 52.21(c), and are included in the 

table below. 

TABLE 1—PM2.5 INCREMENTS ESTABLISHED BY THE 2010 NSR RULE IN

MICROGRAMS PER CUBIC METER

Annual 

arithmetic 24-hour max 

Class I ....... 1 2 

Class II ...... 4 9 

Class III ..... 8 18 

The 2010 NSR Rule also established a 

new ‘‘major source baseline date’’ for 

PM2.5 as October 20, 2010, and a new 

trigger date for PM2.5 as October 20, 

2011. These revisions are codified in 40 


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7http://www.epa.gov/NSR/actions.html#2010. 

8Section 110(a)(2)(E) requires that states have the 

resources to administer an air quality management 

program. Some states that are not covered by the 

Narrowing Rule may not be able to adequately 

demonstrate that they have adequate personnel to 

issue GHG permits to all sources that emit GHG 

under the Tailoring Rule thresholds. 

CFR 51.166(b)(14)(i)(c) and (b)(14)(ii)(c), 

and 40 CFR 52.21(b)(14)(i)(c) and 

(b)(14)(ii)(c). Lastly, the 2010 NSR Rule 

revised the definition of ‘‘baseline area’’ 

to include a level of significance of 0.3 

micrograms per cubic meter, annual 

average, for PM2.5. This change is 

codified in 40 CFR 51.166(b)(15)(i) and 

40 CFR 52.21(b)(15)(i). 

On July 12, 2012, and supplemented 

on December 12, 2012, IDEM submitted 

revisions intended to address the 

increments established by the 2010 NSR 

Rule for incorporation into the SIP, as 

well as the revised major source 

baseline date, trigger date, and baseline 

area level of significance for PM2.5. 

IDEM also requested that these revisions 

satisfy any applicable infrastructure SIP 

requirements related to PSD. 

Specifically, revisions to 326 IAC 2–2– 

6(b) contain the Federal increments for 

PM2.5, 326 IAC 2–2–1(ee)(3) contains the 

new major source baseline date for 

PM2.5 of October 20, 2010, 326 IAC 2– 

2–1(gg)(1)(C) contains the new trigger 

date for PM2.5 of October 20, 2011, and 

326 IAC 2–2–1(f)(1) contains the new 

baseline area level of significance for 

PM2.5. It should be noted that Indiana’s 

submitted revisions explicitly include 

only the PM2.5 increments as they apply 

to Class II areas, and not the PM2.5

increments as they apply to Class I or 

Class III areas. However, Indiana’s 

requested revisions specify that if areas 

in the state are one day classified as 

Class I or III, the PSD increments 

pursuant to 40 CFR 52.21 would be 

adhered to. Because the state’s 

requested revisions are substantively 

identical to Federal regulations, EPA 

therefore proposes to approve 326 IAC 

2–2–6(b) into the SIP, and also proposes 

that Indiana has met this set of 

infrastructure SIP requirements of 

section 110(a)(2)(C) with respect to the 

2008 Pb and ozone NAAQS. In the event 

that areas in Indiana are one day 

designated as Class I or Class III, EPA 

expects IDEM to adopt the Federally 

promulgated increments pursuant to 40 

CFR 52.21, and submit them for 

incorporation into the SIP. 

Sub-Element 5: GHG Permitting and the 

‘‘Tailoring Rule’’ 

On June 3, 2010, EPA issued a final 

rule establishing a ‘‘common sense’’ 

approach to addressing GHG emissions 

from stationary sources under the CAA 

permitting programs. The ‘‘Prevention 

of Significant Deterioration and Title V 

Greenhouse Gas Tailoring Rule,’’ or 

‘‘Tailoring Rule,’’ set thresholds for 

GHG emissions that define when 

permits under the NSR PSD and title V 

operating permit programs are required 

for new and existing industrial facilities 

(see 75 FR 31514). The Tailoring Rule 

set the GHG PSD applicability threshold 

at 75,000 tpy as expressed in carbon 

dioxide equivalent; if states have not 

adopted this threshold, sources with 

GHG emissions above 100 tpy or 250 tpy 

(depending on source category) would 

be subject to PSD, effective January 2, 

2011. The lower thresholds could 

potentially result in certain residential 

and commercial sources triggering GHG 

PSD requirements. 

On December 23, 2010, EPA issued a 

subsequent series of rules that put the 

necessary framework in place to ensure 

that industrial facilities can get CAA 

permits covering their GHG emissions 

when needed, and that facilities 

emitting GHGs at levels below those 

established in the Tailoring Rule do not 

need to obtain CAA permits.7 Included 

in this series of rules was EPA’s 

issuance of the ‘‘Limitation of Approval 

of Prevention of Significant 

Deterioration Provisions Concerning 

Greenhouse Gas Emitting-Sources in 

State Implementation Plans,’’ referred to 

as the PSD SIP ‘‘Narrowing Rule’’ on 

December 30, 2010 (see 75 FR 82536). 

The Narrowing Rule limits, or 

‘‘narrows,’’ EPA’s approval of PSD 

programs that were previously approved 

into SIPs; the programs in question are 

those that apply PSD to sources that 

emit GHG. Specifically, the effect of the 

Narrowing Rule is that provisions that 

are no longer approved—e.g., portions 

of already approved SIPs that apply PSD 

to GHG emissions increases from 

sources emitting GHG below the 

Tailoring Rule thresholds—now have 

the status of having been submitted by 

the state but not yet acted upon by EPA. 

In other words, the Narrowing Rule 

focuses on eliminating the PSD 

obligations under Federal law for 

sources below the Tailoring Rule 

thresholds. 

On September 28, 2011 (76 FR 59899), 

EPA approved revisions to Indiana’s 

PSD SIP that included the adoption of 

the Federal thresholds for PSD 

permitting of GHG-emitting sources. 

Indiana’s December 12, 2011, 

submission states that it intended for 

our September 28, 2011, approval to 

satisfy applicable GHG permitting 

requirements related to their 2008 Pb 

and ozone NAAQS infrastructure SIP. 

Therefore, EPA proposes that Indiana’s 

GHG permitting program has met this 

set of requirements related to section 

110(a)(2)(C) and (E) for the 2008 Pb and 

ozone NAAQS.8

EPA reiterates that minor NSR 

regulations and NSR reform regulations 

are not in the scope of infrastructure SIP 

actions. Therefore, we are not proposing 

to approve or disapprove existing minor 

NSR regulations or NSR reform 

regulations for Indiana’s 2008 Pb and 

ozone NAAQS infrastructure SIP. To 

address the pre-construction regulation 

of the modification and construction of 

minor stationary sources and minor 

modifications of major stationary 

sources, an infrastructure SIP 

submission should identify the existing 

EPA-approved SIP provisions and/or 

include new provisions that govern the 

minor source pre-construction program 

that regulates emissions of the relevant 

NAAQS pollutants. EPA approved 

Indiana’s minor NSR program on 

October 7, 1994 (see 59 FR 51108), and 

since that date, IDEM and EPA have 

relied on the existing minor NSR 

program to ensure that new and 

modified sources not captured by the 

major NSR permitting programs do not 

interfere with attainment and 

maintenance of the 2008 Pb and ozone 

NAAQS. 

Furthermore, various sub-elements in 

this section overlap with elements of 

section 110(a)(2)(D)(i), section 

110(a)(2)(E) and section 110(a)(2)(J). 

These links will be discussed in the 

appropriate areas below. 

D. Section 110(a)(2)(D)—Interstate 

Transport 

Section 110(a)(2)(D)(i)(I) requires SIPs 

to include provisions prohibiting any 

source or other type of emissions 

activity in one state from contributing 

significantly to nonattainment, or 

interfering with maintenance, of the 

NAAQS in another state. 

With respect to the 2008 Pb NAAQS, 

the 2011 Memo notes that the physical 

properties of Pb prevent it from 

experiencing the same travel or 

formation phenomena as PM2.5 or 

ozone. Specifically, there is a sharp 

decrease in Pb concentrations as the 

distance from a Pb source increases. 

Accordingly, it may be possible for a 

source in a state to emit Pb at a location 

and in such quantities that contribute 

significantly to nonattainment in, or 

interference with maintenance by, any 

other state. However, EPA anticipates 

that this would be a rare situation, e.g., 

sources emitting large quantities of Pb 

are in close proximity to state 

boundaries. The 2011 Memo suggests 

that the applicable interstate transport 


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requirements of section 110(a)(2)(D)(i)(I) 

can be met through a state’s assessment 

as to whether or not emissions from Pb 

sources located in close proximity to its 

borders have emissions that impact a 

neighboring state such that they 

contribute significantly to 

nonattainment or interfere with 

maintenance in that state. One way that 

a state’s conclusion could be supported 

is by the technical support documents 

used for initial area designations for Pb. 

In its infrastructure SIP submission, 

IDEM noted that a small portion of 

Delaware County in east central Indiana 

was designated as nonattainment for the 

2008 Pb NAAQS (see 75 FR 71033). 

IDEM observed that this area is 

approximately 30 miles from the 

Indiana-Ohio state line. IDEM further 

noted that there are no other areas with 

sources that emit Pb at or above 0.5 tpy. 

EPA does not believe that the elevated 

levels of ambient Pb concentrations in 

Delaware County (or emissions from any 

other county) would cause or contribute 

to a violation of the 2008 Pb NAAQS in 

Ohio, or create a situation in Ohio 

where maintenance of the 2008 Pb 

NAAQS was not possible. The final 

technical support document for 

Delaware County supports the notion 

that the ambient concentrations of Pb 

are not expected to exceed the NAAQS 

outside of the nonattainment 

boundaries. Therefore, EPA proposes 

that Indiana has met this set of 

requirements related to section 

110(a)(2)(D)(i)(I) for the 2008 Pb 

NAAQS. 

In this notice, we are not proposing to 

act on the portions of Indiana’s 

submission intended to address the 

interstate transport requirements of 

section 110(a)(2)(D)(i)(I) for the 2008 

ozone NAAQS. Rather, we intend to 

take separate action on Indiana’s 

satisfaction of these requirements. 

Section 110(a)(2)(D)(i)(II) requires 

SIPs to include provisions prohibiting 

any source or other type of emissions 

activity in one state from interfering 

with measures required to prevent 

significant deterioration of air quality or 

to protect visibility in another state. 

EPA notes that Indiana’s satisfaction 

of the applicable infrastructure SIP PSD 

requirements for the 2008 lead and 

ozone NAAQS has been detailed in the 

section addressing section 110(a)(2)(C). 

EPA notes that the proposed actions in 

that section related to PSD are 

consistent with the proposed actions 

related to PSD for section 

110(a)(2)(D)(i)(II), and they are reiterated 

below. 

EPA has previously approved 

revisions to Indiana’s SIP that meet 

certain requirements obligated by the 

Phase 2 Rule and the 2008 NSR Rule. 

These revisions included provisions 

that: Explicitly identify NOX as a 

precursor to ozone, explicitly identify 

SO2 and NOX as precursors to PM2.5, 

and regulate condensable PM2.5 and 

PM10 in applicability determinations 

and establishing emissions limits. EPA 

has also previously approved revisions 

to Indiana’s SIP adopting the Federal 

Tailoring Rule thresholds for GHG 

emitting sources for PSD permitting. 

Indiana’s SIP contains provisions that 

adequately address the 2008 Pb 

NAAQS, and in this action, EPA is also 

proposing to approve revisions to 

Indiana’s SIP that incorporate the PM2.5

increments and the associated 

implementation regulations including 

the major source baseline date, trigger 

date, and level of significance for PM2.5

per the 2010 NSR Rule. States also have 

an obligation to ensure that sources 

located in nonattainment areas do not 

interfere with a neighboring state’s PSD 

program. One way that this requirement 

can be satisfied is through a suitable 

NNSR program that addresses any 

pollutants for which there is a 

designated nonattainment areas within 

the state. Indiana’s EPA–approved 

NNSR regulations are contained as part 

of their PSD program regulations, and 

can be found in 326 IAC 2–2. 

Specifically, these regulations contain 

provisions for how the state must treat 

and control sources in ozone and Pb 

nonattainment areas, consistent with 40 

CFR 51.165, or appendix S to 40 CFR 

part 51. Therefore EPA proposes that 

Indiana has met all of the applicable 

PSD requirements for the 2008 Pb and 

ozone NAAQS related to section 

110(a)(2)(D)(i)(II). 

With regard to the applicable 

requirements for visibility protection of 

section 110(a)(2)(D)(i)(II), states are 

subject to visibility and regional haze 

program requirements under part C of 

the CAA (which includes sections 169A 

and 169B). The 2009 Memo and the 

2011 Memo state that these 

requirements can be satisfied by an 

approved SIP addressing reasonably 

attributable visibility impairment, if 

required, or an approved SIP addressing 

regional haze. EPA’s final approval of 

Indiana’s regional haze plan was 

published on June 11, 2012 (see 77 FR 

34218). Therefore, EPA proposes that 

Indiana has met this set of infrastructure 

SIP requirements of section 

110(a)(2)(D)(i)(II) for the 2008 Pb and 

ozone NAAQS. 

Section 110(a)(2)(D)(ii) requires each 

SIP to contain adequate provisions 

requiring compliance with the 

applicable requirements of section 126 

and section 115 (relating to interstate 

and international pollution abatement, 

respectively). 

Section 126(a) requires new or 

modified sources to notify neighboring 

states of potential impacts from the 

source. The statute does not specify the 

method by which the source should 

provide the notification. States with 

SIP-approved PSD programs must have 

a provision requiring such notification 

by new or modified sources. A lack of 

such a requirement in state rules would 

be grounds for disapproval of this 

element. 

Indiana has provisions in its EPAapproved PSD program requiring new or 

modified sources to notify neighboring 

states of potential negative air quality 

impacts, and has referenced this 

program as having adequate provisions 

to meet the requirements of section 

126(a). EPA is proposing that Indiana 

has met the infrastructure SIP 

requirements of section 126(a) with 

respect to the 2008 Pb and ozone 

NAAQS. Indiana does not have any 

obligations under any other section of 

section 126, nor does it have any 

pending obligations under section 115. 

EPA therefore is proposing that Indiana 

has met all applicable infrastructure SIP 

requirements of section 110(a)(2)(D)(ii). 

E. Section 110(a)(2)(E)—Adequate 

resources 

This section requires each state to 

provide for adequate personnel, 

funding, and legal authority under state 

law to carry out its SIP, and related 

issues. Section 110(a)(2)(E)(ii) also 

requires each state to comply with the 

requirements respecting state boards 

under section 128. 

Sub-Element 1: Adequate Personnel, 

Funding, and Legal Authority Under 

State Law To Carry Out Its SIP, and 

Related Issues 

Indiana’s biennial budget and their 

environmental performance partnership 

agreement with EPA document funding 

and personnel levels for IDEM every 2 

years. As discussed in earlier sections, 

IC 13–14–1–12 provides the 

Commissioner of IDEM with the 

authority to enforce air pollution control 

laws. Furthermore, IC 13–14–8, IC 13– 

17–3–11, and IC 13–17–3–14 contain 

the authority for IDEM to adopt air 

emissions standards and compliance 

schedules. EPA proposes that Indiana 

has met the infrastructure SIP 

requirements of this portion of section 

110(a)(2)(E) with respect to the 2008 Pb 

and ozone NAAQS. 

As noted above in the discussion 

addressing section 110(a)(2)(C), the 

resources needed to permit all sources 

emitting more than 100 tpy or 250 tpy 


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(as applicable) of GHG would require 

more resources than some states appear 

to have. As previously discussed, 

however, EPA approved revisions to 

Indiana’s PSD program adopting the 

Federal Tailoring Rule thresholds for 

GHG on September 28, 2011. Therefore, 

Indiana’s SIP as it relates to GHGemitting sources for PSD does not 

involve permitting sources smaller than 

the Tailoring Rule thresholds, and EPA 

proposes that Indiana retains the 

resources necessary to implement the 

requirements of its SIP. 

Sub-Element 2: State Board 

Requirements Under Section 128 of the 

CAA 

Section 110(a)(2)(E) also requires each 

SIP to contain provisions that comply 

with the state board requirements of 

section 128 of the CAA. That provision 

contains two explicit requirements: (i) 

That any board or body which approves 

permits or enforcement orders under 

this chapter shall have at least a 

majority of members who represent the 

public interest and do not derive any 

significant portion of their income from 

persons subject to permits and 

enforcement orders under this chapter, 

and (ii) that any potential conflicts of 

interest by members of such board or 

body or the head of an executive agency 

with similar powers be adequately 

disclosed. 

On November 29, 2012, IDEM 

submitted rules regarding its 

Environmental Rules Board at IC 13–13– 

8 for incorporation into the SIP, 

pursuant to section 128 of the CAA. On 

December 12, 2012, IDEM provided a 

supplemental submission clarifying that 

the Environmental Rules Board 

established by IC 13–13–8, which has 

the authority to adopt environmental 

regulations under IC 4–22–2 and IC 13– 

14–9, does not have the authority to 

approve enforcement orders or 

permitting actions as outlined in section 

128(a)(1) of the CAA. Therefore, section 

128(a)(1) of the CAA is not applicable in 

Indiana. 

Under section 128(a)(2), the head of 

the executive agency with the power to 

approve enforcement orders or permits 

must adequately disclose any potential 

conflicts of interest. IC 13–13–8–11 

‘‘Disclosure of conflicts of interest’’ 

contains provisions that adequately 

satisfy the requirements of section 

128(a)(2). This section requires that each 

member of the board shall fully disclose 

any potential conflicts of interest 

relating to permits or enforcement 

orders under the Federal CAA, as 

amended by the CAA Amendments of 

1990. IC 13–13–8–4 defines the 

membership of the board, and the 

commissioner (of IDEM) or his/her 

designee is explicitly included as a 

member of the board. Therefore, when 

evaluated together in the context of 

section 128(a)(2), the commissioner (of 

IDEM) or his/her designee must fully 

disclose any potential conflicts of 

interest relating to permits or 

enforcement orders under the CAA. EPA 

concludes that IDEM’s submission as it 

relates to the state board requirements 

under section 128 is consistent with 

applicable CAA requirements. As a 

result, we are proposing to approve 

these rules into the SIP. The rules 

consist of IC 13–13–8–1, IC 13–13–8– 

2(a), IC 13–18–8–2(b), IC 13–13–8–3, IC 

13–13–8–4, and IC 13–13–8–11. On May 

22, 2013, IDEM requested that these 

rules satisfy not only the applicable 

requirements of section 128 of the CAA, 

but that they satisfy any applicable 

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

the 2008 Pb and ozone NAAQs. 

Therefore, EPA is proposing that IDEM 

has satisfied the applicable 

infrastructure SIP requirements for this 

section of 110(a)(2)(E) for the 2008 Pb 

and ozone NAAQS. 

F. Section 110(a)(2)(F)—Stationary 

Source Monitoring System 

States must establish a system to 

monitor emissions from stationary 

sources and submit periodic emissions 

reports. Each plan shall also require the 

installation, maintenance, and 

replacement of equipment, and the 

implementation of other necessary 

steps, by owners or operators of 

stationary sources to monitor emissions 

from such sources. The state plan shall 

also require periodic reports on the 

nature and amounts of emissions and 

emissions-related data from such 

sources, and correlation of such reports 

by each state agency with any emission 

limitations or standards established 

pursuant to this chapter. Lastly, the 

reports shall be available at reasonable 

times for public inspection. 

The Indiana state rules for monitoring 

requirements are contained in 326 IAC 

3. Additional emissions reporting 

requirements are found in 326 IAC 2–6. 

Emission reports are available upon 

request by EPA or other interested 

parties. EPA proposes that Indiana has 

satisfied the infrastructure SIP 

requirements of section 110(a)(2)(F) 

with respect to the 2008 Pb and ozone 

NAAQS. 

G. Section 110(a)(2)(G)—Emergency 

Powers 

This section requires that a plan 

provide for authority that is analogous 

to what is provided in section 303 of the 

CAA, and adequate contingency plans 

to implement such authority. The 2011 

Memo states that infrastructure SIP 

submissions should specify authority, 

rested in an appropriate official, to 

restrain any source from causing or 

contributing to Pb emissions which 

present an imminent and substantial 

endangerment to public health or 

welfare, or the environment. 

326 IAC 11–5 establishes air pollution 

episode levels based on concentrations 

of criteria pollutants. This rule requires 

that emergency reduction plans be 

submitted to the Commissioner of IDEM 

by major air pollution sources, and 

these plans must include actions that 

will be taken when each episode level 

is declared, to reduce or eliminate 

emissions of the appropriate air 

pollutants. Similarly, under IC 13–17–4, 

Indiana also has the ability to declare an 

air pollution emergency and order all 

persons causing or contributing to the 

conditions warranting the air pollution 

emergency to immediately reduce or 

discontinue emission of air 

contaminants. EPA proposes that 

Indiana has met the applicable 

infrastructure SIP requirements of 

section 110(a)(2)(G) related to authority 

to implement measures to restrain 

sources from causing or contributing to 

emissions which present an imminent 

and substantial endangerment to public 

health or welfare, or the environment 

with respect to the 2008 Pb and ozone 

NAAQS. 

As indicated in the 2011 Memo, EPA 

believes that the central components of 

a contingency plan for the 2008 Pb 

NAAQS would be to reduce emissions 

from the source at issue and to 

communicate with the public as needed. 

Where a state believes, based on its 

inventory of Pb sources and historic 

monitoring data, that it does not need a 

more specific contingency plan beyond 

having authority to restrain any source 

from causing or contributing to an 

imminent and substantial 

endangerment, then the state could 

provide such a detailed rationale in 

place of a specific contingency plan. 

EPA has reviewed historic data at Pb 

monitoring sites throughout Indiana, 

and believes that a specific contingency 

plan beyond having authority to restrain 

any source from causing or contributing 

to an imminent and substantial 

endangerment is not necessary at this 

time. For example, one way to quantify 

the possibility of imminent and 

substantial endangerment in this 

context would be a daily monitored 

value for Pb that could by itself cause 


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9See appendix R to 40 CFR part 50 for data 

handling conventions and computations necessary 

for determining when the NAAQS are met. 

10See http://www.in.gov/idem/airquality/

2489.htm. 

11See, e.g., http://www.in.gov/idem/files/

factsheet_air_quality_lead.pdf. 

a violation of the 2008 Pb NAAQS.9

EPA has reviewed data from 2010–2012 

(the most recent consecutive 36-month 

block of complete data) and observes 

that no such daily monitored value 

exists. 

As described in the section detailing 

interstate transport of Pb, EPA does not 

anticipate other areas in Indiana 

needing specific contingency measures 

due to low Pb emissions. EPA proposes 

that Indiana has met the applicable 

infrastructure SIP requirements of 

section 110(a)(2)(G) related to 

contingency measures for the 2008 Pb 

and ozone NAAQS. 

H. Section 110(a)(2)(H)—Future SIP 

Revisions 

This section requires states to have 

the authority to revise their SIPs in 

response to changes in the NAAQS, 

availability of improved methods for 

attaining the NAAQS, or to an EPA 

finding that the SIP is substantially 

inadequate. 

IDEM continues to update and 

implement needed revisions to 

Indiana’s SIP as necessary to meet 

ambient air quality standards. As 

discussed in previous sections, 

authority to adopt emissions standards 

and compliance schedules is found at IC 

13–4–8, IC 13–17–3–4, IC 13–17–3–11, 

and IC 13–17–3–14. EPA proposes that 

Indiana has met the infrastructure SIP 

requirements of section 110(a)(2)(H) 

with respect to the 2008 Pb and ozone 

NAAQS. 

I. Section 110(a)(2)(I)—Nonattainment 

Area Plan or Plan Revisions Under Part 

D 

The CAA requires that each plan or 

plan revision for an area designated as 

a nonattainment area meet the 

applicable requirements of part D of the 

CAA. Part D relates to nonattainment 

areas. 

EPA has determined that section 

110(a)(2)(I) is not applicable to the 

infrastructure SIP process. Instead, EPA 

takes action on part D attainment plans 

through separate processes. 

J. Section 110(a)(2)(J)—Consultation 

With Government Officials; Public 

Notifications; PSD; Visibility Protection 

The evaluation of Indiana’s 

submission addressing the requirements 

of section 110(a)(2)(J) are described 

below. 

Sub-Element 1: Consultation With 

Government Officials 

States must provide a process for 

consultation with local governments 

and Federal Land Managers (FLMs) 

carrying out NAAQS implementation 

requirements. IDEM actively 

participates in the regional planning 

efforts that include state rule 

developers, representatives from the 

FLMs, and other affected stakeholders. 

Additionally, Indiana is an active 

member of the Lake Michigan Air 

Director’s Consortium, which consists of 

collaboration with the States of Illinois, 

Wisconsin, Michigan, Minnesota, and 

Ohio. EPA proposes that Indiana has 

met the infrastructure SIP requirements 

of this portion of section 110(a)(2)(J) 

with respect to the 2008 Pb and ozone 

NAAQS. 

Sub-Element 2: Public Notification 

Section 110(a)(2)(J) also requires 

states to notify the public if NAAQS are 

exceeded in an area and must enhance 

public awareness of measures that can 

be taken to prevent exceedances. 

IDEM monitors air quality data daily, 

and reports the air quality index to the 

interested public and media if 

necessary. IDEM also participates and 

submits information to EPA’s AIRNOW 

program, and maintains SmogWatch, 

which is an informational tool created 

by IDEM to share air quality forecasts 

for each day. SmogWatch provides daily 

information about ground-level ozone, 

particulate matter concentration levels, 

health information, and monitoring data 

for seven regions in Indiana. IDEM also 

maintains a publicly available Web site 

that allows interested members of the 

community and other stakeholders to 

view current monitoring data 

summaries, including those for ozone 

and Pb.10 IDEM has also published fact 

sheets available to the public that 

pertain the 2008 Pb NAAQS, including 

strategies to mitigate human exposure.11

EPA proposes that Indiana has met the 

infrastructure SIP requirements of this 

portion of section 110(a)(2)(J) with 

respect to the 2008 Pb and ozone 

NAAQS. 

Sub-Element 3: PSD 

States must meet applicable 

requirements of section 110(a)(2)(C) 

related to PSD. IDEM’s PSD program in 

the context of infrastructure SIPs has 

already been discussed in the 

paragraphs addressing section 

110(a)(2)(C) and 110(a)(2)(D)(i)(II), and 

EPA notes that the proposed actions for 

those sections are consistent with the 

proposed actions for this portion of 

section 110(a)(2)(J). Our proposed 

actions are reiterated below. 

EPA has previously approved 

revisions to Indiana’s SIP that meet 

certain requirements obligated by the 

Phase 2 Rule and the 2008 NSR Rule. 

These revisions included provisions 

that: Explicitly identify NOX as a 

precursor to ozone, explicitly identify 

SO2 and NOX as precursors to PM2.5, 

and regulate condensable PM2.5 and 

PM10 in applicability determinations 

and emissions limits. EPA has also 

previously approved revisions to 

Indiana’s SIP adopting the Federal 

Tailoring Rule thresholds for GHG 

emitting sources for PSD permitting. 

Indiana’s SIP contains provisions that 

adequately address the 2008 Pb 

NAAQS, and in this action, EPA is also 

proposing to approve revisions to 

Indiana’s SIP that incorporate the PM2.5

increments and the associated 

implementation regulations per the 

2010 NSR Rule. Therefore, EPA 

proposes that Indiana has met all of the 

infrastructure SIP requirements for PSD 

associated with section 110(a)(2)(D)(J) 

for the 2008 Pb and ozone NAAQS. 

Sub-Element 4: Visibility Protection 

With regard to the applicable 

requirements for visibility protection, 

states are subject to visibility and 

regional haze program requirements 

under part C of the CAA (which 

includes sections 169A and 169B). In 

the event of the establishment of a new 

NAAQS, however, the visibility and 

regional haze program requirements 

under part C do not change. Thus, we 

find that there is no new visibility 

obligation ‘‘triggered’’ under section 

110(a)(2)(J) when a new NAAQS 

becomes effective. This would be the 

case even in the event a secondary PM2.5

NAAQS for visibility is established, 

because this NAAQS would not affect 

visibility requirements under part C. In 

other words, the visibility protection 

requirements of section 110(a)(2)(J) are 

not germane to infrastructure SIPs for 

the 2008 Pb and ozone NAAQS. 

K. Section 110(a)(2)(K)—Air Quality 

Modeling/Data 

SIPs must provide for performing air 

quality modeling for predicting effects 

on air quality of emissions from any 

NAAQS pollutant and submission of 

such data to EPA upon request. 

IDEM continues to review the 

potential impact of major and some 

minor new and modified sources using 

computer models. Indiana’s rules 

regarding air quality modeling are 


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contained in 326 IAC 2–2–4, 326 IAC 2– 

2–5, 326 IAC 2–2–6, and 326 IAC 2–2– 

7. These modeling data are available to 

EPA or other interested parties upon 

request. EPA proposes that Indiana has 

met the infrastructure SIP requirements 

of section 110(a)(2)(K) with respect to 

the 2008 Pb and ozone NAAQS. 

L. Section 110(a)(2)(L)—Permitting Fees 

This section requires SIPs to mandate 

each major stationary source to pay 

permitting fees to cover the cost of 

reviewing, approving, implementing, 

and enforcing a permit. 

IDEM implements and operates the 

title V permit program, which EPA 

approved on December 4, 2001 (66 FR 

62969); revisions to the program were 

approved on August 13, 2002 (67 FR 

52615). In addition to the title V permit 

program, IDEM’s EPA-approved PSD 

program, specifically contained in 326 

IAC 2–1.1–07 contains the provisions, 

requirements, and structures associated 

with the costs for reviewing, approving, 

implementing, and enforcing various 

types of permits. EPA proposes that 

Indiana has met the infrastructure SIP 

requirements of section 110(a)(2)(L) 

with respect to the 2008 Pb and ozone 

NAAQS. 

M. Section 110(a)(2)(M)—Consultation/

Participation by Affected Local Entities 

States must consult with and allow 

participation from local political 

subdivisions affected by the SIP. 

Any IDEM rulemaking procedure 

contained in IC 13–14–9 requires public 

participation in the SIP development 

process. In addition, IDEM ensures that 

the requirements of 40 CFR 51.102 are 

satisfied during the SIP development 

process. EPA proposes that Indiana has 

met the infrastructure SIP requirements 

of section 110(a)(2)(M) with respect to 

the 2008 Pb and ozone NAAQS. 

V. What action is EPA taking? 

EPA is proposing to approve elements 

of Indiana’s submissions certifying that 

its current SIP is sufficient to meet the 

required infrastructure elements under 

sections 110(a)(1) and (2) for the 2008 

Pb and ozone NAAQS. EPA is also 

proposing to approve portions of a 

submission from Indiana intended to 

meet EPA’s requirements its PSD 

program, specifically 326 IAC 2–2–6(b), 

326 IAC 2–2–1(f)(1), 326 IAC 2–2– 

1(ee)(3), and 326 IAC 2–2–1(gg)(1)(C). In 

addition, EPA is proposing to approve a 

submission from Indiana intended to 

meet the state board requirements of 

section 128. Specifically, the rules 

consist of IC 13–13–8–1, IC 13–13–8– 

2(a), IC 13–18–8–2(b), IC 13–13–8–3, IC 

13–13–8–4, and IC 13–13–8–11. 

EPA’s proposed actions for Indiana’s 

satisfaction of infrastructure SIP 

requirements, by element of section 

110(a)(2) and NAAQS, are contained in 

the table below. 

Element 2008 Pb 

NAAQS 

2008 ozone 

NAAQS 

(A): Emission limits and other control measures .................................................................................................... A A 

(B): Ambient air quality monitoring and data system .............................................................................................. A A 

(C)1: Enforcement of SIP measures ....................................................................................................................... A A 

(C)2: PSD Provisions for Pb and ozone ................................................................................................................. A A 

(C)3: PM2.5 precursors and PM2.5/PM10 condensables for PSD ............................................................................. A A 

(C)4: PM2.5 increments for PSD .............................................................................................................................. A A 

(C)5: GHG permitting thresholds in PSD regulations ............................................................................................. A A 

(D)1: Contribute to nonattainment/interfere with maintenance of NAAQS ............................................................. A NA 

(D)2: PSD ................................................................................................................................................................ (**) (**) 

(D)3: Visibility Protection ......................................................................................................................................... A A 

(D)4: Interstate Pollution Abatement ....................................................................................................................... A A 

(D)5: International Pollution Abatement .................................................................................................................. A A 

(E)1: Adequate resources ........................................................................................................................................ A A 

(E)2: State boards ................................................................................................................................................... A A 

(F): Stationary source monitoring system ............................................................................................................... A A 

(G): Emergency power ............................................................................................................................................ A A 

(H): Future SIP revisions ......................................................................................................................................... A A 

(I): Nonattainment area plan or plan revisions under part D .................................................................................. NA NA 

(J)1: Consultation with government officials ............................................................................................................ A A 

(J)2: Public notification ............................................................................................................................................ A A 

(J)3: PSD ................................................................................................................................................................. (**) (**) 

(J)4: Visibility protection (Regional Haze) ............................................................................................................... + + 

(K): Air quality modeling and data ........................................................................................................................... A A 

(L): Permitting fees .................................................................................................................................................. A A 

(M): Consultation and participation by affected local entities ................................................................................. A A 

In the table above, the key is as follows: 

A Approve. 

NA No Action/Separate Rulemaking. 

D Disapprove. 

+ Not relevant in these actions. 

** Previously discussed in element (C). 

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 

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 


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Federal Register / Vol. 78, No. 160 / Monday, August 19, 2013 / Proposed Rules 50369 

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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Lead, Ozone, Reporting and 

recordkeeping requirements. 

Dated: July 31, 2013. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2013–20155 Filed 8–16–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2010–0566; FRL–9900–18– 

Region 5] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Michigan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: On February 6, 2013, EPA 

proposed to approve revisions to the 

State of Michigan’s Clean Air Act State 

Implementation Plan (SIP) that 

Michigan had submitted on March 24, 

2009. Michigan’s submittal included 

revisions to Part 1, Definitions; Part 2, 

Air Use Approval; and Part 19, New 

Source Review for Sources Impacting 

Nonattainment Areas, of the Michigan 

rules. EPA is revising the February 6, 

2013, proposed approval to announce 

that we will not take action on the 

changes to Part 2 Air Use Approval 

rules and of the Part 2 revision 

submittals on November 12, 1993, May 

16, 1996, April 3, 1998, September 2, 

2003, and March 24, 2009, at this time. 

EPA is proposing to rescind Michigan’s 

rule 336.1220 from its SIP. Michigan 

included this request to rescind this 

portion of the rule in its March 24, 2009, 

submittal as part of the Part 19 New 

Source Review rule approval. The 

rescission of rule 336.1220 will 

eliminate having differing 

nonattainment rules in the State SIP. 

DATES: Comments must be received on 

or before September 18, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2010–0566, 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) 886–0968. 

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–2010– 

0566. 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 

Constantine Blathras, Environmental 

Engineer, at (312) 886–0671 before 

visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Constantine Blathras, Environmental 

Engineer, Air Permits, Air Programs 

Branch (AR–18J), Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–0671, 

Blathras.constantine@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? 


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