Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Rules and Regulations 63093 

comply with all requirements applicable 

to snowmobiles. 

(iii) The Superintendent may impose 

other terms and conditions as necessary 

to protect park resources, visitors, or 

employees. The Superintendent will 

notify the public of any changes through 

one or more methods listed in § 1.7 of 

this chapter. 

(iv) This paragraph (l)(13) also applies 

to non-administrative oversnow vehicle 

use by affiliated persons. 

(14) What conditions apply to alcohol 

use while operating an oversnow 

vehicle? In addition to 36 CFR 4.23, the 

following conditions apply: 

(i) Operating or being in actual 

physical control of an oversnow vehicle 

is prohibited when the operator is under 

21 years of age and the alcohol 

concentration in the operator’s blood or 

breath is 0.02 grams or more of alcohol 

per 100 milliliters of blood, or 0.02 

grams or more of alcohol per 210 liters 

of breath. 

(ii) Operating or being in actual 

physical control of an oversnow vehicle 

is prohibited when the operator is a 

guide and the alcohol concentration in 

the operator’s blood or breath is 0.04 

grams or more of alcohol per 100 

milliliters of blood or 0.04 grams or 

more of alcohol per 210 liters of breath. 

(iii) This paragraph (1)(14) also 

applies to non-administrative oversnow 

vehicle use by affiliated persons. 

(15) Do other NPS regulations apply 

to the use of oversnow vehicles? (i) The 

use of oversnow vehicles in 

Yellowstone National Park is subject to 

§§ 2.18(a) and (c), but not subject to 

§§ 2.18(b), (d), (e), and 2.19(b) of this 

chapter. 

(ii) This paragraph (l)(15) also applies 

to non-administrative oversnow vehicle 

use by affiliated persons. 

(16) What forms of non-motorized 

oversnow transportation are allowed in 

the park? 

(i) Non-motorized travel consisting of 

skiing, skating, snowshoeing, or walking 

is permitted unless otherwise restricted 

under this section or other NPS 

regulations. 

(ii) The Superintendent may designate 

areas of the park as closed, reopen 

previously closed areas, or establish 

terms and conditions for non-motorized 

travel within the park in order to protect 

visitors, employees, or park resources. 

The Superintendent will notify the 

public in accordance with § 1.7 of this 

chapter. 

(iii) Dog sledding and ski-joring (a 

skier being pulled by a dog, horse, or 

vehicle) are prohibited. Bicycles, 

including bicycles modified for 

oversnow travel, are prohibited on 

oversnow routes in Yellowstone 

National Park. 

(17) May I operate a snowplane in 

Yellowstone National Park? The 

operation of a snowplane in 

Yellowstone National Park is 

prohibited. 

(18) Is violating a provision of this 

section prohibited? (i) Violating a term, 

condition, or requirement of paragraph 

(l) of this section is prohibited. 

(ii) Violation of a term, condition, or 

requirement of paragraph (l) of this 

section by a guide may also result in the 

administrative revocation of guiding 

privileges. 

(19) Have the information collection 

requirements been approved? The Office 

of Management and Budget has 

reviewed and approved the information 

collection requirements in paragraph (l) 

and assigned OMB Control No. 1024– 

0266. We will use this information to 

monitor compliance with the required 

average and maximum size of 

transportation events. The obligation to 

respond is required in order to obtain or 

retain a benefit. 

* * * * * 

Rachel Jacobson, 

Principal Deputy Assistant Secretary for Fish 

and Wildlife and Parks. 

[FR Doc. 2013–24238 Filed 10–22–13; 8:45 am] 

BILLING CODE 4312–EJ–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2011–0828; FRL–9901–53– 

Region 5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: On September 19, 2011, 

Indiana submitted changes to its 

monitoring rules to EPA as a revision to 

its state implementation plan (SIP). The 

monitoring rules will be used to 

determine whether various source 

categories are in compliance with the 

applicable emission limits. On 

September 6, 2013, Indiana made a 

supplemental submission of a related 

definition. For the reasons discussed 

below, EPA is approving these revisions 

to the monitoring rules in the Indiana 

SIP. 

DATES: This rule is effective December 

23, 2013, unless EPA receives adverse 

comments by November 22, 2013. If 

adverse comments are received, EPA 

will publish a timely withdrawal of the 

direct final rule in the Federal Register 

informing the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2011–0828, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: blakley.pamela@epa.gov. 

3. Fax: (312) 692–2450. 

4. Mail: Pamela Blakley, Chief, 

Control Strategies Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: Pamela Blakley, 

Chief, Control Strategies 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–2011– 

0828. 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. 


tkelley on DSK3SPTVN1PROD with RULES
63094 Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Rules and Regulations 

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 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 Matt 

Rau, Environmental Engineer, at (312) 

886–6524 before visiting the Region 5 

office. 

FOR FURTHER INFORMATION CONTACT: Matt 

Rau, Environmental Engineer, Control 

Strategies Section, Air Programs Branch 

(AR–18J), Environmental Protection 

Agency, Region 5, 77 West Jackson 

Boulevard, Chicago, Illinois 60604, 

(312) 886–6524, rau.matthew@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. This supplementary information 

section is arranged as follows: 

I. What is the background for this action? 

II. What is EPA’s analysis? 

III. What action is EPA taking? 

IV. Statutory and Executive Order Reviews 

I. What is the background for this 

action? 

Indiana requested a revision to its SIP 

in a submission to EPA dated September 

19, 2011. In this submission, Indiana 

requested approval of revisions to 21 

sections of 326 Indiana Administration 

Code (IAC) Article 3 concerning 

compliance monitoring, and one section 

of 326 IAC Article 7 concerning sulfur 

dioxide compliance monitoring 

requirements. On September 6, 2013, 

Indiana supplemented its request to 

submit a section of 326 IAC Article 1 

that provides a definition of a term used 

in 326 IAC Article 3. 

The submitted rules will revise and 

amend the existing monitoring and 

sulfur dioxide control requirements in 

Indiana SIP. In addition to 326 IAC 1– 

2–23.5, the State submitted specific 

sections of 326 IAC Article 3: 3–4–1, 3– 

4–2, 3–4–3, 3–5–1, 3–5–2, 3–5–3, 3–5– 

4, 3–5–5, 3–5–6, 3–5–7, 3–5–8, 3–6–1, 

3–6–2, 3–6–3, 3–6–4, 3–6–5, 3–7–1, 3– 

7–2, 3–7–3, 3–7–4, and 3–7–5; and 326 

IAC 7–2–1. 

II. What is EPA’s analysis? 

EPA’s analysis of the September 19, 

2011, submission as supplemented on 

September 6, 2013, is as follows: 

Article 1—General Provisions 

Rule 2—Definitions 

326 IAC 1–2–23.5 ‘‘Emissions Unit’’ 

Defined 

This section provides the definition of 

an emissions unit to include ‘‘any part 

or activity of a stationary source that 

emits or has the potential to emit any 

regulated air pollutant under the Clean 

Air Act.’’ Indiana’s definition is 

consistent with EPA’s emissions unit 

definition found in 40 CFR part 70. 

Thus, EPA is approving this section into 

the Indiana SIP. 

Rule 4—General Provisions 

326 IAC 3–4–1 Definitions 

This section contains definitions used 

throughout 326 IAC 3. EPA is approving 

this section into the Indiana SIP as the 

definitions are consistent with the 

definitions used by EPA. 

326 IAC 3–4–2 Certification 

This section requires that each report 

submitted under 326 IAC 3 contain a 

certification of truth, accuracy, and 

completeness. EPA is approving this 

section into the Indiana SIP because it 

promotes more accurate and complete 

monitoring reports. 

326 IAC 3–4–3 Conversion Factors 

This section provides the owner and 

operator of subject emissions unit with 

procedures for converting monitoring 

data to units of a standard, as needed. 

The conversion factors follow EPA’s 

equations as found in the appendices to 

40 CFR part 60, and 326 IAC 3–4–3 cites 

40 CFR part 60 for the factors for certain 

units. Indiana may approve alternate 

procedures for computing emission 

averages that do not require data 

integration. It may also approve 

alternate methods of converting 

pollutant concentration measurements 

into units of the standard. Authority for 

state approval of these alternate 

emission averaging procedures and 

alternate conversion methods is 

provided in 40 CFR part 51, appendix 

P. EPA is approving the addition of this 

section into the Indiana SIP. 

Rule 5—Continuous Monitoring of 

Emissions 

326 IAC 3–5–1 Applicability; 

Continuous Monitoring Requirements 

for Applicable Pollutants 

This section establishes methods the 

owner or operator of certain sources or 

emissions units are to use to determine 

compliance with an emission limitation 

or standard. This section also 

establishes procedures by which an 

owner or operator may request an 

alternative monitoring requirement. Any 

request for a alternative monitoring 

requirement must be approved by 

Indiana and submitted to EPA for 

approval. EPA is approving this section 

as a revision to the Indiana SIP. 

326 IAC 3–5–2 Minimum Performance 

and Operating Specifications 

This section provides the performance 

specifications and operating 

requirements the owner or operator of 

monitoring equipment installed must 

follow. The requirements are consistent 

with the Federal requirements found at 

40 CFR part 75. Thus, EPA is approving 

this section as a revision to the Indiana 

SIP. 

326 IAC 3–5–3 Monitor System 

Certification 

This section provides the monitor 

system certification requirements the 

owner or operator of subject source or 

emissions unit must put in place when 

determining compliance. These 

requirements mirror Federal 

requirements in 40 CFR 60. EPA is 

approving this section as a revision to 

the Indiana SIP. 

326 IAC 3–5–4 Standard Operating 

Procedures 

This section provides for the 

development of written continuous 

monitoring standard operating 

procedures once the owner or operator 

of subject source or emissions unit has 

installed the required monitoring 

equipment. The standard operating 

procedure contains the systematic 

description of the monitor operation. 

Section 3–5–4 details all information 

that is required. EPA views the 

requirement for a written standard 

operating procedure as providing useful 

information similar to the requirement 

for a monitoring plan in 40 CFR 75.53. 

Thus, EPA is approving this section as 

a revision to the Indiana SIP. 

326 IAC 3–5–5 Quality Assurance 

Requirements 

This section provides quality 

assurance requirements for subject 

emission units that monitor for carbon 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Rules and Regulations 63095 

dioxide, carbon monoxide, hydrogen 

sulfide, nitrogen oxide, oxygen, sulfur 

dioxide, total hydrocarbons, total 

reduced sulfur, volatile organic 

compounds, and particulate matter 

(PM–10 or PM2.5). The rules contain the 

applicable criteria on test frequency, 

audit criteria, and reporting 

requirements. The requirements follow 

40 CFR parts 60 and 75. EPA is 

approving this section as a revision to 

the Indiana SIP. 

326 IAC 3–5–6 Recordkeeping 

Requirements 

This section provides recordkeeping 

and record retention requirements for 

the owner or operator of a subject source 

or emissions unit. The owner or 

operator of a subject source or emissions 

unit must provide the records to Indiana 

or EPA upon request. In 40 CFR part 75, 

subpart F, EPA requires similar 

recordkeeping requirements for sources 

operating continuous monitors. EPA is 

approving this section into the Indiana 

SIP. 

326 IAC 3–5–7 Reporting 

Requirements 

This section provides the 

requirements the owner or operator of 

subject source or emissions unit must 

follow when submitting a monitoring 

report. A source must provide 

information about its excess emissions 

and downtime during a reporting 

period. EPA is approving this section as 

an addition to the SIP as it satisfies 

Federal reporting requirements. 

326 IAC 3–5–8 Operation and 

Maintenance of Continuous Emissions 

Monitoring and Continuous Opacity 

Monitoring Systems 

This section provides instruction to 

the owner or operator on the operation 

and maintenance of a continuous 

emissions monitoring system (CEMS) 

and a continuous opacity monitoring 

system (COMS). Indiana requires all 

subject sources to install, calibrate, 

maintain, operate, and certify its CEMS 

or COMS. Exceptions are provided for 

periods when the emission source is not 

operating or does not require 

continuous monitoring, the CEMS or 

COMS is malfunctioning, and during 

quality assurance checks are being 

performed on the CEMS or COMS. 

Under the definition of an emissions 

unit in 326 IAC 1–2–23.5, a unit is not 

operating when it has no potential to 

emit any Clean Air Act (CAA) regulated 

pollutants. The remaining exemptions 

in 326 IAC 3–5–8 are consistent with 40 

CFR 60.13. Therefore, EPA is approving 

this section into the Indiana SIP. 

Rule 6—Source Sampling Procedures 

326 IAC 3–6–1 Applicability; Test 

Procedures 

This section provides the test 

procedures the owner or operator of a 

subject emissions unit must follow to 

determine compliance with an 

applicable emission limitation. 

Specifically, it requires the owner or 

operator of a subject emissions unit to 

follow applicable procedures and 

analysis methods specified in 40 CFR 

parts 51, 60, 61, 63, 75 or another EPAapproved method. EPA is approving this 

section into the Indiana SIP. 

326 IAC 3–6–2 Source Sampling 

Protocols 

This section requires the owner or 

operator of a subject emissions unit to 

provide its emissions test protocol (i.e., 

protocol by which facility plans to 

conduct the emissions test) to Indiana 

prior to the intended test date. The 

section allows for modifications to the 

sampling protocol, upon approval by 

Indiana. Indiana may modify portions of 

the sampling protocol such as the 

conditions under which the testing is 

performed. This section is consistent 

with the requirements of 40 CFR 64.6, 

and is being approved into the Indiana 

SIP. 

326 IAC 3–6–3 Emission Testing 

This section establishes procedures 

on how to perform emissions tests, 

quality assurance, and quality control 

activities. Indiana requires emission 

units be tested under the applicable 

Federal regulations, either 40 CFR part 

60, 61, or 63. EPA is approving this 

section into the Indiana SIP. 

326 IAC 3–6–4 Reporting 

This section details what information 

an owner or operator of a subject source 

or emissions unit should include in an 

emission test report. Sources are 

required to submit a report no later than 

45 days following the emission test. The 

requirements follow the compliance 

assurance monitoring reporting 

obligations given in 40 CFR 64.9. EPA 

is approving this section into the 

Indiana SIP. 

326 IAC 3–6–5 Specific Testing 

Procedures; Particulate Matter; PM10; 

PM2.5; Sulfur Dioxide; Nitrogen Oxides; 

Volatile Organic Compounds 

This section provides the specific 

emission tests required by subject 

sources of the title pollutants. The 

emission test requirements are 

consistent with 40 CFR parts 51, 60, and 

63, and must be approved by Indiana 

and EPA. The exception is Richmond 

Power and Light’s Whitewater 

Generating Station, whose sourcespecific test method was approved by 

EPA on April 9, 1996 (61 FR 15704). 

Thus, all emission test methods 

required by this section are identical to 

the EPA methods or have been 

previously approved. EPA is approving 

this section into the Indiana SIP. 

Rule 7—Fuel Sampling and Analysis 

Procedures 

326 IAC 3–7–1 Applicability 

This section applies to fuel sampling 

and analysis that is performed to 

determine compliance with the 

emission limitations specified in 326 

IAC Article 7. EPA is approving this 

section into the Indiana SIP. 

326 IAC 3–7–2 Coal Sampling and 

Analysis Methods 

This section provides the owner or 

operator of a subject source with 

requirements for coal sampling and 

analysis, and the determination of sulfur 

and heat content for sources with total 

coal-fired capacity between 100 and 

1,500 million British Thermal Units 

(BTUs) and for sources with capacity 

greater than 1,500 million BTUs. The 

coal sampling and analysis protocols in 

this section are already Federally 

approved in 326 IAC 7–2–1 (September 

26, 2005; 70 FR 56129). EPA is 

approving this section into the Indiana 

SIP. 

326 IAC 3–7–3 Alternative Coal 

Sampling and Analysis Methods 

This section establishes procedures by 

which an owner or operator of a subject 

source may obtain an alternative coal 

sampling and analysis to that provided 

in 326 IAC 3–7–2. The owner or 

operator of a subject source must receive 

prior approval from Indiana and EPA 

before an alternate protocol can be used. 

EPA is approving this section into the 

Indiana SIP. 

326 IAC 3–7–4 Fuel Oil Sampling; 

Analysis Methods 

This section specifies the test protocol 

the owner or operator of a subject source 

or an emissions unit should follow 

when analyzing fuel oil. The section 

provides the specific ASTM procedure 

to be used for each analysis for a variety 

of fuel oil samples. Approval of the 

sampling or analysis procedure requires 

written permission from both Indiana 

and EPA. EPA is approving this section 

into the Indiana SIP. 


tkelley on DSK3SPTVN1PROD with RULES
63096 Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Rules and Regulations 

326 IAC 3–7–5 Recordkeeping 

Requirements; Standard Operating 

Procedures 

This section provides the owner or 

operator of a subject source or an 

emissions unit a protocol to use to 

develop a standard operating procedure 

for records. The requirement to keep 

such records is consistent with the 

recordkeeping requirement of 40 CFR 

64.9. EPA is approving this section into 

the Indiana SIP. 

Article 7—Sulfur Dioxide Rules 

Rule 2—Compliance 

326 IAC 7–2–1 Reporting 

Requirements; Methods To Determine 

Compliance 

Indiana has modified this section to 

provide the owner or operator of a 

subject source or emissions unit a 

method to determine compliance or 

noncompliance with its sulfur dioxide 

emissions limitation. Indiana added that 

an alternate compliance test method 

that has been approved by Indiana and 

EPA may be used by sources in place of 

the standard test methods, CEMS, or the 

fuel sampling and analysis methods 

already authorized. EPA is approving 

the revised 326 IAC 7–2–1 into the 

Indiana SIP. 

III. What action is EPA taking? 

EPA is approving compliance 

monitoring rules into the Indiana SIP. 

EPA is approving two revised sections 

and 21 additional sections. EPA is 

approving the revisions to 326 IAC 3– 

5–1 and 326 IAC 7–2–1 into the Indiana 

SIP. EPA is adding 326 IAC 1–2–23.5, 

326 IAC 3–4–1, 326 IAC 3–4–2, 326 IAC 

3–4–3, 326 IAC 3–5–2, 326 IAC 3–5–3, 

326 IAC 3–5–4, 326 IAC 3–5–5, 326 IAC 

3–5–6, 326 IAC 3–5–7, 326 IAC 3–5–8, 

326 IAC 3–6–1, 326 IAC 3–6–2, 326 IAC 

3–6–3, 326 IAC 3–6–4, 326 IAC 3–6–5, 

326 IAC 3–7–1, 326 IAC 3–7–2, 326 IAC 

3–7–3, 326 IAC 3–7–4, and 326 IAC 3– 

7–5 to the SIP. 

We are publishing this action without 

prior proposal because we view this as 

a noncontroversial amendment and 

anticipate no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, we 

are publishing a separate document that 

will serve as the proposal to approve the 

state plan if relevant adverse written 

comments are filed. This rule will be 

effective December 23, 2013 without 

further notice unless we receive relevant 

adverse written comments by November 

22, 2013. If we receive such comments, 

we will withdraw this action before the 

effective date by publishing a 

subsequent document that will 

withdraw the final action. All public 

comments received will then be 

addressed in a subsequent final rule 

based on the proposed action. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

Please note that if EPA receives adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. If we do not receive any 

comments, this action will be effective 

December 23, 2013. 

IV. 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 CAA 

criteria. 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 CAA section 307(b)(1), 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by December 23, 2013. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Rules and Regulations 63097 

oxides, Particulate matter, Reporting 

and recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

Dated: September 18, 2013. 

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: 

■ i. Adding a new entry in ‘‘Article 1. 

General Provisions’’ under ‘‘Rule 2. 

Definitions’’ for ‘‘1–2–23.5’’ in 

numerical order. 

■ ii. Revising the entries for ‘‘Article 3. 

Monitoring Requirements’’. 

■ iii. Revising the entry for ‘‘Rule 2. 

Compliance’’ under the subheading 

entitled ‘‘Article 7. Sulfur Dioxide 

Rules’’. The added and revised text 

reads as follows: 

§ 52.770 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED INDIANA REGULATIONS

Indiana citation Subject 

Indiana 

effective 

date 

EPA approval date Notes 

Article 1. General Provisions 

*******

Rule 2. Definitions 

*******

1–2–23.5 ........... ‘‘Emissions unit’’ defined ...... 12/25/1998 10/23/13, [INSERT PAGE NUMBER WHERE THE DOCUMENT BEGINS] 

*******

Article 3. Monitoring Requirements 

Rule 1. Continuous Monitoring of Emissions 

3–1–1 ................ Applicability .......................... ........................ 9/4/1981, 46 FR 44448 

Rule 2.1. Source Sampling Procedures 

3–2.1–5 ............. Specific Testing Procedures 7/15/1995 4/9/1996, 61 FR 15704 

Rule 4. General Provisions 

3–4–1 ................ Definitions ............................ 9/10/2011 10/23/13, [INSERT PAGE NUMBER WHERE THE DOCUMENT BEGINS] 

3–4–2 ................ Certification .......................... 9/10/2011 10/23/13, [INSERT PAGE NUMBER WHERE THE DOCUMENT BEGINS] 

3–4–3 ................ Conversion factors ............... 9/10/2011 

Rule 5. Continuous Monitoring of Emissions 

3–5–1 ................ Applicability; continuous 

monitoring requirements 

for applicable pollutants.

9/10/2011 10/23/13, [INSERT PAGE NUMBER WHERE THE DOCUMENT BEGINS] 

3–5–2 ................ Minimum performance and 

operating specifications.

9/10/2011 10/23/13, [INSERT PAGE NUMBER WHERE THE DOCUMENT BEGINS] 

3–5–3 ................ Monitor system certification 9/10/2011 10/23/13, [INSERT PAGE NUMBER WHERE THE DOCUMENT BEGINS] 

3–5–4 ................ Standard operating procedures.9/10/2011 10/23/13, [INSERT PAGE NUMBER WHERE THE DOCUMENT BEGINS] 

3–5–5 ................ Quality assurance requirements.9/10/2011 10/23/13, [INSERT PAGE NUMBER WHERE THE DOCUMENT BEGINS] 

3–5–6 ................ Recordkeeping requirements 9/10/2011 10/23/13, [INSERT PAGE NUMBER WHERE THE DOCUMENT BEGINS] 

3–5–7 ................ Reporting requirements ....... 9/10/2011 10/23/13, [INSERT PAGE NUMBER WHERE THE DOCUMENT BEGINS] 


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63098 Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Rules and Regulations 

EPA-APPROVED INDIANA REGULATIONS—Continued 

Indiana citation Subject 

Indiana 

effective 

date 

EPA approval date Notes 

3–5–8 ................ Operation and maintenance 

of continuous emission 

monitoring and continuous 

opacity monitoring systems.

9/10/2011 10/23/13, [INSERT PAGE NUMBER WHERE THE DOCUMENT BEGINS] 

Rule 6. Source Sampling Procedures 

3–6–1 ................ Applicability; test procedures 9/10/2011 10/23/13, [INSERT PAGE NUMBER WHERE THE DOCUMENT BEGINS] 

3–6–2 ................ Source sampling protocols .. 9/10/2011 10/23/13, [INSERT PAGE NUMBER WHERE THE DOCUMENT BEGINS] 

3–6–3 ................ Emission testing ................... 9/10/2011 10/23/13, [INSERT PAGE NUMBER WHERE THE DOCUMENT BEGINS] 

3–6–4 ................ Reporting .............................. 9/10/2011 10/23/13, [INSERT PAGE NUMBER WHERE THE DOCUMENT BEGINS] 

3–6–5 ................ Specific testing procedures; 

particulate matter; PM10; 

PM2.5; sulfur dioxide; nitrogen oxides; volatile organic compounds.

9/10/2011 10/23/13, [INSERT PAGE NUMBER WHERE THE DOCUMENT BEGINS] 

Rule 7. Fuel Sampling and Analysis Procedures 

3–7–1 ................ Applicability .......................... 9/10/2011 10/23/13, [INSERT PAGE NUMBER WHERE THE DOCUMENT BEGINS] 

3–7–2 ................ Coal sampling and analysis 

methods.

9/10/2011 10/23/13, [INSERT PAGE NUMBER WHERE THE DOCUMENT BEGINS] 

3–7–3 ................ Alternate coal sampling and 

analysis methods.

9/10/2011 10/23/13, [INSERT PAGE NUMBER WHERE THE DOCUMENT BEGINS] 

3–7–4 ................ Fuel oil sampling; analysis 

methods.

9/10/2011 10/23/13, [INSERT PAGE NUMBER WHERE THE DOCUMENT BEGINS] 

3–7–5 ................ Recordkeeping requirements; standard operating 

procedures.

9/10/2011 10/23/13, [INSERT PAGE NUMBER WHERE THE DOCUMENT BEGINS] 

*******

Article 7. Sulfur Dioxide Rules 

*******

Rule 2. Compliance 

7–2–1 ................ Reporting requirements; 

methods to determine 

compliance.

9/10/2011 10/23/13, [INSERT PAGE NUMBER WHERE THE DOCUMENT BEGINS] 

*******


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Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Rules and Regulations 63099 

* * * * * 

[FR Doc. 2013–24118 Filed 10–22–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1983–0002; FRL–9901– 

75–Region 2] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Deletion 

of the Hooker (Hyde Park) Superfund 

Site 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 2 announces the 

deletion of the Hooker (Hyde Park) 

Superfund Site (Site) located in Niagara 

Falls, New York, from the National 

Priorities List (NPL). The NPL, 

promulgated pursuant to section 105 of 

the Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA) of 1980, as amended, is 

an appendix of the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). The EPA and 

the State of New York, through the 

Department of Environmental 

Conservation, have determined that all 

appropriate response actions under 

CERCLA, other than operation, 

maintenance, and five-year reviews, 

have been completed. However, this 

deletion does not preclude future 

actions under Superfund. 

DATES: This action is effective October 

23, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–HQ–SFUND– 

1983–0002. All documents in the docket 

are listed on the http://

www.regulations.gov Web site. Although 

listed in the index, some information is 

not publicly available, i.e., confidential 

business information or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through http://

www.regulations.gov or in hard copy at 

the site information repositories. 

Locations, contacts, phone numbers, 

and viewing hours are: 

U.S. Environmental Protection Agency, 

Region 2, Superfund Records Center, 

290 Broadway, 18th Floor, New York, 

NY 10007–1866, Telephone: (212) 

637–4308. Hours: Monday to Friday 

from 9:00 a.m. to 5:00 p.m. 

U.S. EPA Western New York Public 

Information Office, 86 Exchange 

Place, Buffalo, NY 14204–2026. 

Telephone: (716) 551–4410. Hours: 

Monday to Friday from 8:30 a.m. to 

4:00 p.m. 

FOR FURTHER INFORMATION CONTACT: 

Gloria M. Sosa, Remedial Project 

Manager, U.S. Environmental Protection 

Agency, Region 2, 290 Broadway, 20th 

Floor, New York, NY 10007–1866, 

telephone: (212) 637–4283, email: 

sosa.gloria@epa.gov. 

SUPPLEMENTARY INFORMATION: The Site 

to be deleted from the NPL is the 

Hooker (Hyde Park) Superfund Site, 

located in Niagara Falls, New York. A 

Notice of Intent to Delete for this Site 

was published in the Federal Register 

on August 20, 2012 (77 FR 50038– 

50044). 

The closing date for comments on the 

Notice of Intent to Delete was 

September 19, 2012. During the 

comment period, EPA received 

correspondence offering critical 

comments. The comments reflected 

concern that the Site is a continuing 

source of contaminants to the Niagara 

River and the deletion of the Site was 

premature. As a result of the critical 

comments, EPA published a Notice of 

Withdrawal of Direct Final Deletion of 

the Site in the Federal Register on 

September 27, 2012 (77 FR 59338), 

withdrawing the direct final deletion for 

the Site and announcing it would 

evaluate and respond to the significant 

comments and, if appropriate, proceed 

with the traditional two-step deletion 

process. 

After careful consideration of the 

comments received, EPA concluded that 

the deletion of the Site is still 

appropriate. Following various lines of 

evidence, EPA has concluded that the 

performance objectives of the remedy 

selected for the Site in 1984 continue to 

be met and that the remedy selected for 

the Site is protective of human health 

and the environment. All response 

activities selected in the remedy have 

been implemented, and operation and 

maintenance activities are ongoing. EPA 

has the authority to respond 

appropriately if a problem or situation 

arises at a site after it is deleted. EPA 

will continue to provide oversight, 

review monitoring reports, and 

routinely communicate with the 

responsible party performing work at 

the Site. Operation and maintenance of 

the remedy will continue at the Site and 

monitoring will continue to be 

performed to confirm the effectiveness 

of response actions performed at the 

Site, including the maintenance of 

hydraulic capture. 

A responsiveness summary was 

prepared which addresses all comments 

received on the deletion and provides 

rationale that the deletion is considered 

appropriate. The responsiveness 

summary and all comments on the 

deletion action may be viewed in both 

the docket, EPA–HQ–SFUND–1983– 

0002, on www.regulations.gov, and in 

the local repositories listed above. 

EPA maintains the NPL as the list of 

sites that appear to present a significant 

risk to public health, welfare, or the 

environment. Deletion from the NPL 

does not preclude further remedial 

action. Whenever there is a significant 

release from a site deleted from the NPL, 

the deleted site may be restored to the 

NPL without application of the hazard 

ranking system. Deletion of a site from 

the NPL does not affect responsible 

party liability in the unlikely event that 

future conditions warrant further 

actions. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

waste, Hazardous substances, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Dated: September 26, 2013. 

Judith A. Enck, 

Regional Administrator, EPA, Region 2. 

For reasons set out in the preamble, 

40 CFR part 300 is amended as follows: 

PART 300—NATIONAL OIL AND 

HAZARDOUS SUBSTANCES 

POLLUTION CONTINGENCY PLAN 

■ 1. The authority citation for part 300 

continues to read as follows: 

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, 

1991 Comp., p. 351; E.O. 12580, 52 FR 2923; 

3 CFR, 1987 Comp., p. 193. 

■ 2. Table 1 of Appendix B to part 300 

is amended by removing the entry under 

‘‘NY’’ for Hooker (Hyde Park), Niagara 

Falls. 

[FR Doc. 2013–24689 Filed 10–22–13; 8:45 am] 

BILLING CODE 6560–50–P 


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