Federal Register / Vol. 79, No. 154 / Monday, August 11, 2014 / Rules and Regulations 46709 

EPA-APPROVED IDAHO NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES

Name of SIP provision Applicable geographic 

or non-attainment area 

State 

submittal 

date 

EPA approval date Comments 

*******

Section 110(a)(2) Infrastructure Requirements for the 2010 NO2

NAAQS.

State-wide ..................... 9/16/2013 8/11/2014 [Insert FR citation].This action addresses the following 

CAA elements or portions thereof: 

110(a)(2)(A), (B), (C), (D)(i)(II), 

(D)(ii), (E), (F), (G), (H), (J), (K), 

(L), and (M). 

Section 110(a)(2) Infrastructure Requirements for the 2010 SO2

NAAQS.

State-wide ..................... 9/16/2013 8/11/2014 [Insert FR citation].This action addresses the following 

CAA elements or portions thereof: 

110(a)(2)(A), (B), (C), (D)(i)(II), 

(D)(ii), (E), (F), (G), (H), (J), (K), 

(L), and (M). 

[FR Doc. 2014–18810 Filed 8–8–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–2012–0567; FRL–9914–94– 

Region–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana; 

Indiana PSD Increments 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve a component of a state 

implementation plan (SIP) submission 

from Indiana addressing EPA’s 

requirements for the prevention of 

significant deterioration (PSD) program. 

The proposed rulemaking associated 

with today’s final action was published 

on August 19, 2013. 

DATES: This final rule is effective on 

September 10, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2012–0567. All 

documents in the docket are listed in 

the www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

or other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly-available only in hard 

copy. Publicly-available docket 

materials are available either 

electronically in www.regulations.gov or 

in hard copy at the U.S. Environmental 

Protection Agency, Region 5, Air and 

Radiation Division, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. This 

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

p.m., Monday through Friday, excluding 

Federal holidays. We recommend that 

you telephone Andy Chang at (312) 

886–0258 before visiting the Region 5 

office. 

FOR FURTHER INFORMATION CONTACT: 

Andy Chang, Environmental Engineer, 

Attainment Planning and Maintenance 

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

U.S. Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

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

chang.andy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. This supplementary information 

section is arranged as follows: 

I. What is the background of the 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? 

II. What action is EPA taking? 

III. Statutory and Executive Order Reviews 

I. What is the background of the SIP 

submissions? 

A. What state SIP submissions does this 

rulemaking address? 

This final rulemaking addresses a 

portion of a July 12, 2012, submission 

and a December 12, 2012, supplemental 

submission from the Indiana 

Department of Environmental Quality 

(IDEM). These submissions were made 

to satisfy certain EPA requirements for 

the state’s PSD program. 

B. Why did the state make these SIP 

submissions? 

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 mean 24-hour max 

Class I .......................................................................................................................................................... 1 2 

Class II ......................................................................................................................................................... 4 9 

Class III ........................................................................................................................................................ 8 18 


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46710 Federal Register / Vol. 79, No. 154 / Monday, August 11, 2014 / Rules and Regulations 

1The infrastructure SIP 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. 

2EPA did receive an adverse comment related to 

Indiana’s lack of increments for Class I and Class 

III areas. We will address this comment in a future 

rulemaking. 

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. 

Specifically, revisions to 326 IAC 2–2– 

6(b) contained the Federal increments 

for PM2.5 for Class II areas. 

C. What is the scope of this rulemaking? 

On August 19, 2013, EPA proposed to 

approve various Clean Air Act (CAA) 

requirements, including Indiana’s 

satisfaction of the infrastructure SIP 

requirements 1 for the 2008 ozone and 

2008 lead National Ambient Air Quality 

Standards, Indiana’s satisfaction of the 

state board requirements obligated by 

section 128 of the CAA, and Indiana’s 

satisfaction of the PSD requirements 

obligated by the 2010 NSR Rule. Among 

these components was 326 IAC 2–2– 

6(b), which contains the Federally 

promulgated PM2.5 increments for Class 

II areas in the state. Currently, there are 

no Class I or Class III areas in the state, 

and EPA did not receive any comments 

related to its proposed approval of this 

provision.2

II. What action Is EPA taking? 

For the reasons discussed in our 

August 19, 2013, proposed rulemaking, 

EPA is taking final action to approve, as 

proposed, 326 IAC 2–2–6(b) into 

Indiana’s SIP. Specifically, 326 IAC 2– 

2–6(b) contains the Federally 

promulgated PM2.5 increments for Class 

II areas, pursuant to 40 CFR 51.166(c) 

and 40 CFR 52.21(c). 

III. Statutory and Executive Order 

Reviews. 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve State choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves State law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by State law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

Tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on Tribal governments or preempt 

Tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by October 10, 2014. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements. 

Dated: July 29, 2014. 

Susan Hedman, 

Regional Administrator, Region 5. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

■ 2. In § 52.770 the table in paragraph 

(c) is amended by revising the entry for 

‘‘2–2–6’’ to read as follows: 

§ 52.770 Identification of plan. 

* * * * * 

(c) * * * 


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Federal Register / Vol. 79, No. 154 / Monday, August 11, 2014 / Rules and Regulations 46711 

EPA-APPROVED INDIANA REGULATIONS

Indiana citation Subject Indiana effective date EPA approval 

date Notes 

*******

Rule 2. Prevention of Significant Deterioration (PSD) Requirements 

*******

2–2–6 ............................................ Increment 

consumption; 

requirements 

7/11/2012 .................................................................. 8/11/2014, [INSERT Federal 

Register CITATION].

(b) only 

* * * * * * * 

* * * * * 

[FR Doc. 2014–18830 Filed 8–8–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2014–0142; FRL–9914–49– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

Revision to the Maintenance Plans for 

the Richmond 1990 1-Hour and 

Richmond-Petersburg 1997 8-Hour 

Ozone Maintenance Areas To Remove 

the Stage II Vapor Recovery Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve a revision to the 

Virginia State Implementation Plan 

(SIP). The revision removes the Stage II 

vapor recovery program (Stage II) from 

the maintenance plans for the 

Richmond 1990 1-hour and RichmondPetersburg 1997 8-hour ozone National 

Ambient Air Quality Standard (NAAQS) 

Maintenance Areas (Richmond Area or 

Area). The revision also includes an 

analysis that addresses the impact of the 

removal of Stage II from subject gasoline 

dispensing facilities (GDFs) in the 

Richmond Area. The analysis submitted 

by the Commonwealth of Virginia 

(Commonwealth) satisfies the 

requirements of section 110(l) of the 

Clean Air Act (CAA). EPA is approving 

this revision in accordance with the 

requirements of the CAA. 

DATES: This rule is effective on October 

10, 2014 without further notice, unless 

EPA receives adverse written comment 

by September 10, 2014. If EPA receives 

such comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2014–0142 by one of the 

following methods: A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: fernandez.cristina@epa.gov. C. Mail: EPA–R03–OAR–2014–0142, 

Cristina Fernandez, Associate Director, 

Office of Air Program Planning, 

Mailcode 3AP30, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2012– 

0142. 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 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in www.regulations.gov or 

in hard copy during normal business 

hours at the Air Protection Division, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the Virginia Department of 

Environmental Quality, 629 East Main 

Street, Richmond, Virginia 23219. 

FOR FURTHER INFORMATION CONTACT: 

Asrah Khadr, (215) 814–2071, or by 

email at khadr.asrah@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On November 12, 2013, the 

Commonwealth of Virginia submitted a 

formal revision to its SIP through the 

Virginia Department of Environmental 

Quality (VADEQ). The SIP revision 

consists of the removal of Stage II from 

the maintenance plans for the 

Richmond Area. The SIP revision also 

consists of an analysis demonstrating 

that the removal of Stage II from the 

Richmond Area maintenance plans will 

not cause any increase in emissions. 


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