Federal Register / Vol. 78, No. 94 / Wednesday, May 15, 2013 / Proposed Rules 28547 

[FR Doc. C1–2012–29709 Filed 5–14–13; 8:45 am] 

BILLING CODE 1505–01–D 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2008–0402; FRL–9811–8] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Wisconsin; Permit Exemption Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to the Wisconsin State 

Implementation Plan (SIP) submitted by 

the Wisconsin Department of Natural 

Resources (WDNR) on April 23, 2008. 

WDNR has submitted for approval 

revisions that exempt certain sources of 

air pollution from construction permit 

requirements. EPA is proposing to 

approve these revisions because they are 

consistent with Federal regulations 

governing state permit programs. 

DATES: Comments must be received on 

or before June 14, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2008–0402, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

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

3. Fax: (312) 385–5501. 

4. Mail: Genevieve Damico, Chief, Air 

Permits Section, Air Programs Branch 

(AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: Genevieve Damico, 

Chief, Air Permits Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

Such deliveries are only accepted 

during the Regional Office normal hours 

of operation, and special arrangements 

should be made for deliveries of boxed 

information. The Regional Office official 

hours of business are Monday through 

Friday, 8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2008– 

0402. 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 Andrea 

Morgan, Environmental Engineer, at 

(312) 353–6058 before visiting the 

Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Andrea Morgan, Environmental 

Engineer, Air Permits Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–6058, 

morgan.andrea@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 revisions did WDNR submit? 

III. Does this submittal comply with Federal 

regulations? 

IV. Do the revisions comply with section 

110(l) of the Clean Air Act? 

V. What action is EPA taking on this 

submittal? 

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 revisions did WDNR submit? 

Wisconsin submitted revisions to its 

rules NR 406 (requirements for 

construction permits), NR 407 

(requirements for operation permits), 

and NR 410 (requirements for fees) on 

April 23, 2008. The submittal requests 

that EPA approve the following 

revisions to WDNR’s SIP: (1) renumber 

and create NR 406.02(1) and 

406.04(4)(h); (2) create NR 406.04(1)(zh), 

NR 406.04(1q), NR 406.04(4)(i), NR 

407.03(1m), and NR 410.03(1)(f); and (3) 

amend NR 410.03(1)(d). 

In a letter dated March 25, 2013, 

Wisconsin provided additional 

information as required by section 

110(l) of the Clean Air Act (the Act) to 

demonstrate that ‘‘the revision would 

not interfere with any applicable 

requirement concerning attainment and 

reasonable further progress (as defined 

in section 7501 of this title [section 


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28548 Federal Register / Vol. 78, No. 94 / Wednesday, May 15, 2013 / Proposed Rules 

171]), or any other applicable 

requirement of this Act.’’ In this letter 

WDNR also clarified that the revisions 

to NR 407.03(1m) are not to be approved 

into its SIP at this time but will be 

included in a future title V approval 

package request. 

The revisions submitted will exempt 

sources of air pollution whose actual 

emissions are under 10 tons per year 

(tpy) of each criteria pollutant, 

particulate matter of 10 micrometers or 

less (PM10), sulfur dioxide (SO2), 

nitrogen oxides (NOX), carbon 

monoxide (CO) and volatile organic 

compounds (VOC), and less than 0.5 tpy 

of lead, and that are not subject to 

Federal air pollution requirements for 

hazardous air pollutants under section 

111 or 112 of the Act from the 

requirement to obtain a construction 

permit. The revisions will also exempt 

construction or modification projects 

that emit less than 1,666 pounds of 

criteria pollutants per month, averaged 

over a 12 consecutive month period, 

and less than 10 pounds of lead per 

month, averaged over a 12 consecutive 

month period from construction 

permitting requirements. 

WDNR submitted the following 

revisions to NR 406, Wisconsin’s 

construction permit provision. NR 

406.02(1) is renumbered to NR 

406.02(1m). NR 406.02(1) is created to 

add a definition for ‘‘clean fuel.’’ NR 

406.04(1)(zh)1. and 406.04(1)(zh)2. are 

created to provide for an exemption 

from construction permit requirements 

for sources that qualify for the 

exemption under NR 407.03(1m). 

NR 406.04(1q) is created to exempt 

sources from construction permit 

requirements if the following criteria are 

met: (1) The owner or operator has a 

facility-wide operation permit or has 

submitted an application for a facilitywide operation permit; (2) actual 

emissions from the constructed or 

modified units do not exceed (a) 1,666 

pounds per month averaged over 12 

months for criteria pollutants, and (b) 10 

pounds per month averaged over 12 

months for lead; (3) none of the 

constructed or modified units requires a 

new Best Available Control Technology 

or Lowest Achievable Emission Rate 

determination under NR 445 

(Wisconsin’s hazardous air pollutant 

rules); (4) none of the constructed or 

modified units are subject to new 

permitting requirements under NR 405 

or 408 (Wisconsin’s Prevention of 

Significant Deterioration (PSD) and 

nonattainment New Source Review 

(NSR) rules) as a result of the project; (5) 

the owner or operator submits an 

application for an operation permit 

revision, prior to commencing 

construction and (a) proposes 

monitoring in accordance with the 

monitoring requirements in NR 430.055, 

and (b) commences such monitoring 

and maintains records to demonstrate 

compliance with any applicable 

emission limitation; (6) the owner or 

operator submits a claim of exemption 

from construction permitting 

requirements; and (7) the constructed or 

modified unit does not trigger an 

emissions limitation or requirement 

under sections 111 or 112 of the Act. 

NR 406.04(4)(h) is created to exempt 

changes in the method of operation for 

process lines emitting VOCs from 

construction permitting requirements if: 

(1) the change does not result in annual 

potential VOC emissions that exceed the 

currently allowed annual potential VOC 

emissions; and (2) the change does not 

trigger a requirement under sections 111 

or 112 of the Act. 

NR 406.04(4)(i) is created to exempt a 

change to an external combustion 

furnace to allow combustion of a clean 

fuel from construction permitting 

requirements if the following three 

criteria are met: (1) The external 

combustion furnace has a maximum 

heat input capacity of 10 million British 

thermal units per hour (mmBtu/hour) 

for distillate oil and 25 mmBtu/hr for 

natural gas or propane; (2) the use of the 

new fuel does not cause or exacerbate 

the exceedance of any ambient air 

quality standard or increment; and (3) 

the change does not trigger a 

requirement under section 111 or 112 of 

the Act. 

In the original submission, WDNR 

requested for provisions in NR 407, 

which pertain to operation permit 

requirements, to be approved into the 

SIP. However, in a letter dated March 

25, 2013, WDNR withdrew the NR 407 

provisions from the SIP submittal. 

NR 410 contains Wisconsin’s air 

permit, emission, and inspection fees. 

WDNR amended NR 410.03(1)(d) to 

create subparagraph (f), which requires 

a fee for each construction permit 

exemption claim. 

WDNR held public hearings on June 

27, 28 and 29, 2006, for these proposed 

revisions. WDNR proposed the rule 

revisions to the Wisconsin Natural 

Resources Board for adoption in August 

2006, and the Board approved the rule 

revisions, which were published in the 

Wisconsin Register on May 31, 2007, 

and became effective on June 1, 2007. 

III. Does this submittal comply with 

Federal regulations? 

EPA has evaluated WDNR’s proposed 

revisions to the Wisconsin SIP in 

accordance with the Federal 

requirements governing state permitting 

programs. The revisions described in 

section II, above, will exempt certain 

sources of air pollution from 

construction permit requirements. As 

discussed further below, EPA is 

proposing to approve these revisions 

because they are consistent with Federal 

regulations. 

Construction permitting requirements, 

including emissions thresholds for 

major sources of air pollution, are 

defined in the Federal PSD program 

(See 40 CFR 51.166). Wisconsin rule NR 

405 contains its PSD program 

requirements. Permitting requirements 

for major sources of air pollution in 

nonattainment areas are defined in the 

Federal NSR program (See 40 CFR 

51.165). Wisconsin rule NR 408 

contains its nonattainment area 

permitting requirements. WDNR’s 

proposed rule changes do not request 

any revision to NR 405 or NR 408, nor 

is the permit exemption proposed in 

this SIP submittal allowed if an 

emission unit constructed, modified, 

replaced, relocated, or reconstructed is 

subject to the requirements of NR 405 or 

408, as approved into the SIP at 73 FR 

76560 (December 17, 2008), as a result 

of the project. While the proposed 

exemption is based on actual emissions, 

if the potential to emit (PTE) of a project 

exceeds the significant net emission 

increase threshold under NR 405 or NR 

408, the project is not eligible for the 

exemption under NR 406.04(1q)(d). This 

requirement is included in NR 

406.04(1q)(d), which states that NR 

406.04(1q) does not provide an 

exemption from construction permit 

requirements for a source that is 

required to obtain a permit under NR 

405 or 408. 

Facilities and projects that are nonmajor are governed by the minor NSR 

permitting program. The Federal 

requirements for minor source programs 

are outlined 40 CFR 51.160 through 

51.164. In general, the purpose of a 

permitting authority’s minor source 

program is to attain and maintain the 

National Ambient Air Quality Standards 

(NAAQS). The minor NSR program 

requirements, which are set forth in 40 

CFR 51.160, require a state or permitting 

authority to have a program: (1) to 

determine ‘‘whether construction or 

modification’’ of a source will interfere 

with the SIP or attainment or 

maintenance of the NAAQS; and, (2) to 

include procedures to ‘‘prevent the 

construction or modification’’ of the 

source if it would interfere with the SIP 

or attainment or maintenance of the 

NAAQS. While the PSD program 

provides certain emissions thresholds 

for permitting, the minor NSR program 


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does not set forth any such permit 

applicability thresholds. 

Wisconsin’s current rules at NR 406 

contain two types of exemptions from 

construction and operation permit 

requirements. The first type are 

exemptions which apply to a specific 

list of processes, emission units, or 

activities that are excluded from the 

minor NSR permitting program, and the 

second type are general exemptions 

based on emissions applicability 

thresholds. The exemptions proposed in 

this SIP revision are emissions 

applicability thresholds based 

exemptions and are similar to the 

general emissions based exemptions in 

WDNR’s existing SIP approved rules. 

The August 21, 2006, (71 FR 48696) 

proposed ‘‘Review of New Sources and 

Modifications in Indian Country’’ 

(Tribal Minor NSR Rule), discusses 

minor NSR permit thresholds. It states, 

‘‘The Federal regulations for minor 

source programs are considerably less 

detailed than the requirements for major 

sources. As a result, there is a wider 

variety of programs and requirements 

for these ‘‘non-major’’ preconstruction 

activities and there is a great deal of 

variation among State minor NSR 

permitting programs.’’ (71 FR 48700). 

This rule also states that, ‘‘ . . . a 

number of State programs have 

established cutoff levels or minor NSR 

thresholds, below which sources are 

exempt from their minor NSR rules.’’ 

(71 FR 48701). The rule further 

provides, ‘‘ . . . there is variation in 

State approaches to minor NSR 

applicability. Some States do not 

prescribe source applicability 

thresholds, instead providing a list of 

emission units and activities that are 

excluded from minor NSR. Many of the 

States that do have applicability 

thresholds also provide a list of 

excluded emission units and activities.’’ 

(71 FR 48701). 

In the rule, EPA proposes 10 tpy as 

the minor NSR permitting threshold for 

CO, NOX, SO2, and PM in attainment 

areas. The rule states that ‘‘We consider 

the proposed thresholds to be 

representative of such thresholds in 

State minor NSR programs, and we 

believe that these limits will be 

appropriate for use in Indian country.’’ 

(71 FR 48702). In addition, the rule 

provides, ‘‘Section 110(a)(2)(C) of the 

Act requires minor NSR programs to 

assure that the NAAQS are attained and 

maintained. Applicability thresholds are 

proper in this context provided that the 

sources and modifications with 

emissions below the thresholds are 

inconsequential to attainment and 

maintenance of the NAAQS. As 

discussed further, the minor NSR 

thresholds that we are proposing today 

meet this criterion.’’ (71 FR 48701). 

WDNR’s proposal for a 10 tpy 

permitting exemption is consistent with 

EPA’s Federal minor NSR program 

requirements. As discussed in more 

detail below, in accordance with minor 

NSR program requirements, WDNR will 

have enforceable procedures to prevent 

construction or modification of a source 

if it would violate any SIP requirement 

or interfere with attainment or 

maintenance of the NAAQS. 

WDNR’s regulations require that an 

air dispersion modeling analysis be 

performed when any construction 

permit is issued, as well as for the 

issuance of certain operation permits. 

The modeling analysis accounts for 

emissions from the facility, as well as 

background concentrations and 

contributions from surrounding sources, 

to determine whether any NAAQs are 

exceeded. If a project is exempt from 

construction permitting requirements, 

WDNR still requires that any source that 

has an increase in emissions of a 

pollutant go through dispersion 

modeling during the operation permit 

issuance process. (A modeling analysis 

is also required during the operation 

permit review if any modeling 

parameter has been negatively changed 

such that there could be an increase.) 

Therefore, if any exceedance of the 

NAAQS resulted from the exempt 

installation or modification of any 

source, it would be detected during the 

operation permit review process. In 

addition, the emissions from any source 

or project qualifying for these proposed 

permit exemptions are still accounted 

for in the ambient concentration when 

modeling analyses are performed for 

other permits. 

Even if a source qualifies for an 

exemption from construction permit 

requirements, nothing in the proposed 

revisions relieves any source from the 

requirement to submit its yearly 

emissions for inclusion in the emissions 

inventory if it is required to do so. The 

Air Emissions Management System 

requires the owner or operator of a 

source to calculate actual annual 

emissions for reporting to the inventory. 

The data in the emissions inventory can 

also be used to verify that any 

exemption based on the proposed 10 tpy 

exemption is being met. In addition, the 

proposed SIP revision contains criteria 

which must be met by applicants in 

order to qualify for the proposed 

exemptions. 

NR 406.04(1q)(6) requires the facility 

to submit a claim for the exemption to 

WDNR. WDNR is also required to 

respond to the construction permit 

exemption claim submitted. 

NR 406.04(1q)(1) and (5) for 

construction or modification projects 

requires the source to have an operation 

permit or have submitted an operation 

permit application, as well as having 

submitted an application for the 

operation permit revision to permit the 

change. 

Furthermore, the proposed exemption 

from construction permitting does not 

exempt the source from control 

technology reviews. In the supplement 

to its original submittal dated March 25, 

2013, WDNR states that ‘‘Control 

technology reviews will be conducted 

during the operation permit initial 

issuance, renewal or revision process as 

appropriate’’. 

The proposed exemptions under NR 

406(1q) and NR 406.04(4)(h) and (i) are 

not allowed if a requirement under 

sections 111 or 112 of the Act is 

triggered. Section 111 contains the New 

Source Performance Standards, and 

section 112 contains the National 

Emissions Standards for Hazardous Air 

Pollutants. 

In addition, Wisconsin Stat. 285.63 

contains the criteria for permit approval, 

and requires that the source will meet 

all applicable emission limitations, the 

source will not violate or exacerbate 

violation of air quality standard or 

ambient air increment, and the source 

will not preclude construction or 

operation of another source. If emissions 

will exceed the 10 tpy threshold, the 

facility is required to obtain a 

construction permit prior to operation 

above the threshold. Failure to do so is 

a violation and will result in an 

appropriate enforcement action. 

EPA has determined that WDNR’s 

submitted revisions will comply with 

Federal permitting program 

requirements, based on WDNR’s 

proposed emissions thresholds for the 

exemption, the criteria required for the 

exemption, the modeling requirements 

in WDNR’s permitting programs, EPA’s 

approval of similar rules, and the 

requirements of the minor source 

program. 

IV. Do the revisions comply with 

section 110(l) of the Clean Air Act? 

Section 110(l) of the Act states that a 

SIP revision cannot be approved if the 

revision would interfere with any 

applicable requirement concerning 

attainment and reasonable further 

progress towards attainment of a 

NAAQS or any other applicable 

requirement of the Act. The revisions to 

Wisconsin’s SIP to exempt certain 

sources of air pollution from 

construction permit requirements will 

not interfere with attainment, 


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28550 Federal Register / Vol. 78, No. 94 / Wednesday, May 15, 2013 / Proposed Rules 

reasonable further progress, or any other 

applicable requirement of the Act. 

As described in section III above, EPA 

believes that the proposed revisions to 

Wisconsin’s SIP meet Federal 

requirements and will not interfere with 

attainment or reasonable further 

progress. Sources exempt from 

obtaining a construction permit will 

continue to be subject to all applicable 

requirements and compliance 

demonstration methods per Wisconsin’s 

air pollution regulations. Sources that 

receive a permit exemption will still be 

required to undergo a control 

technology review during operation 

permit initial issuance, renewal, or 

revision as appropriate. All sources will 

be required to conduct monitoring and 

maintain records sufficient to 

demonstrate compliance with 

Wisconsin’s regulatory requirements. 

Additionally, any source required to 

submit an air emission inventory report 

of annual actual emissions above 

thresholds in NR 438, will still be 

required to submit this report. 

Furthermore, since an exemption from 

the requirement to obtain a construction 

permit does not exempt the facility from 

meeting the air quality standards and 

increments, all exempt sources will be 

included in any analysis of increment 

consumption at nearby facilities as 

required in NR 406.07. 

V. What action is EPA taking on this 

submittal? 

EPA is proposing to approve revisions 

to Wisconsin rules NR 406 and 410, 

submitted by the State on April 23, 

2008. The SIP revisions submitted, 

described in section II, above, are 

consistent with Federal regulations 

governing state permitting programs. 

See section III, above. EPA is also 

soliciting comment on this proposed 

approval. 

VI. Statutory and Executive Order 

Reviews 

Under the Act, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

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

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the Act. Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

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

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the Act; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: April 25, 2013. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2013–11476 Filed 5–14–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2013–0021;EPA–R05– 

OAR–2013–0022; FRL–9812–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana; 

Lake and Porter Counties, Indiana, 

1997 8-Hour Ozone Maintenance Plan 

and 1997 Annual Fine Particulate 

Matter Maintenance Plan Revisions to 

Approved Motor Vehicle Emissions 

Budgets 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

Indiana’s request to revise the Lake and 

Porter State Implementation Plans (SIPs) 

for the 1997 8-hour ozone standard, and 

the 1997 annual fine particulate matter 

(PM2.5) standard to replace the 

previously approved motor vehicle 

emissions budgets (budgets) with 

budgets developed using EPA’s Motor 

Vehicle Emissions Simulator (MOVES) 

2010a emissions model. The Indiana 

Department of Environmental 

Management (IDEM) submitted these 

requests to EPA with submittal letters 

dated February 1, 2013. 

DATES: Comments must be received on 

or before June 14, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2013–0021 for the 1997 8-hour 

ozone maintenance plan revision or 

EPA–RO5–OAR–2013–0022 for the 1997 

annual PM2.5 maintenance plan 

revision, 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. 


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