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

EPA-A PPROVED 

### I DAHO 

### N ONREGULATORY 

### P ROVISIONS AND 

### Q UASI 

### -R EGULATORY 

### M EASURES

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 NO 2 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 SO 2 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 (PM 2.5 )—Increments, Significant Impact Levels (SILs) and Significant Monitoring Concentration (SMC)’’ (2010 NSR Rule). This rule established several components for making PSD permitting determinations for PM 2.5 , 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: PM 2.5 

### I NCREMENTS 

### E STABLISHED BY THE 

### 2010 NSR R ULE IN 

### M ICROGRAMS PER 

### C UBIC 

### M ETER

Annual arithmetic mean 24-hour max

Class I ........................................................................................................................ .................................. 1 2 Class II ....................................................................................................................... .................................. 4 9 Class III ...................................................................................................................... .................................. 8 18


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

1 The 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.

2 EPA 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 PM 2.5 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 PM 2.5 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 PM 2.5 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) * * *


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

EPA-A PPROVED 

### I NDIANA 

### R EGULATIONS

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 theRichmond 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.