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[Federal Register Volume 78, Number 93 (Tuesday, May 14, 2013)]
[Rules and Regulations]
[Pages 28143-28146]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11296]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2011-0406; EPA-R05-OAR-2013-0083; FRL-9811-6]

Approval and Promulgation of Air Quality Implementation Plans; 
Indiana; Sulfur Dioxide and Nitrogen Dioxide Ambient Air Quality 
Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a request submitted by the Indiana Department 
of Environmental Management (IDEM) on April 15, 2011, and supplemented 
on January 30, 2013, to revise the Indiana state implementation plan 
(SIP) for nitrogen dioxide (NO2) and sulfur dioxide 
(SO2) under the Clean Air Act (CAA). This submittal consists 
of revisions to the Indiana Administrative Code (IAC) that amend the 
national ambient air quality standards (NAAQS) for NO2 and 
SO2 to be consistent with the NAAQS that EPA promulgated in 
2010.

DATES: This direct final rule will be effective July 15, 2013, unless 
EPA receives adverse comments by June 13, 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 Nos. EPA-R05-
OAR-2011-0406, EPA-R05-OAR-2013-0083 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, (AR-
18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, 
Chicago, Illinois 60604.
    5. Hand Delivery: Pamela Blakley, Chief, Control Strategies Section 
(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 Nos. EPA-R05-OAR-
2011-0406, EPA-R05-OAR-2013-0083. EPA's policy is that all comments 
received will be included in the public docket without change and may 
be made available online at www.regulations.gov, including any personal 
information provided, unless the comment includes information claimed 
to be Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Do not submit information 
that you consider to be CBI or otherwise protected through 
www.regulations.gov or email. The www.regulations.gov Web site is an 
``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an email comment directly to EPA without 
going through www.regulations.gov your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information

[[Page 28144]]

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 Charles Hatten, Environmental Engineer, 
at (312) 886-6031 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Charles Hatten, Environmental 
Engineer, Control Strategies Section, Air Programs Branch (AR-18J), 
U.S. Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 886-6031, 
hatten.charles@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. Background
    A. When and why did the State make this submittal?
    B. Did the State hold public hearings for this SIP revision?
II. How were the NO2 and SO2 NAAQS revised by 
EPA?
III. What are the revisions that the State requested?
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews

I. Background

A. When and why did the State make this submittal?

    Indiana's April 15, 2011, submittal, supplemented on January 30, 
2013, revises its existing IAC to be consistent with the Federal 
primary and secondary NAAQS for NO2, and SO2, 
which were published in the Federal Register, respectively, on February 
9, 2010, (75 FR 6474) and June 22, 2010, (75 FR 35520) and codified in 
40 CFR part 50. At the state level, these provisions became effective 
on January 16, 2013.

B. Did the State hold public hearings for this SIP revision?

    Public hearings for the NO2, and SO2 NAAQS 
revision were held on December 10, 2010, and November 7, 2012. No 
comments were received at these hearings.

II. How were the NO2 and SO2 NAAQS revised by 
EPA?

Nitrogen Dioxide (NO2)

    On February 9, 2010, revisions to the NO2 NAAQS were 
published in the Federal Register (73 FR 6474) and codified at 40 CFR 
50.11. EPA strengthened the primary (health-based) NO2 NAAQS 
by adding a 1-hour NO2 standard of 100 parts per billion 
(ppb) and retaining the annual average of 53 ppb. This new standard is 
achieved when the 3-year average of the annual 98th percentile of the 
daily maximum 1-hour average concentration is less than or equal to 100 
ppb, as determined in accordance with 40 CFR part 50, appendix S. Under 
40 CFR 50.11(d), ambient NO2 concentrations are to be 
measured by either: (1) A Federal reference method based on appendix F 
to 40 CFR part 50; or (2) by a Federal equivalent method designated in 
accordance with 40 CFR part 53. In addition, under 40 CFR 50.11(f), 
determinations as to whether the NO2 standards have been met 
are to be made in accordance with the data handling conventions and 
computations in 40 CFR part 50, appendix S, ``Interpretation of the 
Primary National Ambient Air Quality Standards for Oxides of Nitrogen 
(NO2).''

Sulfur dioxide (SO2)

    On June 22, 2010, revisions to the SO2 NAAQS were 
published in the Federal Register (73 FR 35520) and codified at 40 CFR 
50.17. EPA strengthened the primary (health-based) SO2 NAAQS 
by adding a 1-hour SO2 standard at 75 ppb to reduce exposure 
to high short-term (five minutes to 24 hours) concentrations of 
SO2. EPA revoked the two existing primary standards of 140 
ppb averaged over a 24-hour period, and 30 ppb averaged over a year 
after determining that they did not provide any health benefits in 
addition to those provided by the 1-hour standard of 75 ppb. The 1-hour 
standard is achieved when the 3-year average of the 99th percentile of 
the annual distribution of the daily maximum 1-hour average 
concentrations is less than or equal to the 75 ppb, as determined in 
accordance with 40 CFR part 50, appendix T (Interpretation of the 
Primary National Ambient Air Quality Standards for Oxides of Sulfur, as 
SO2). Under 40 CFR 50.17, ambient SO2 
concentrations are to be measured by either: (1) A Federal reference 
method based on appendix A-1 or appendix A-2 (Measurement Principle and 
Calibration Procedure for the Measurement of Sulfur Dioxide in the 
Atmosphere) to 40 CFR part 50; or (2) an equivalent method designated 
by EPA in accordance with 40 CFR part 53.

III. What are the revisions that the State requested?

    The State has requested that EPA approve the following SIP revision 
to reflect EPA's revised primary and secondary SO2 and 
NO2 NAAQS:

    A. Rule 326 IAC 1-3-4(b)(1), Ambient air quality standards for 
``Sulfur oxides as (SO2).'' The revisions IDEM made are 
consistent with the provisions contained in 40 CFR 50.17. IDEM 
updated 326 IAC 1-3-4(b)(1)(A) to contain the revised primary NAAQS 
for SO2, and deleted language that referenced standards 
EPA revoked, as well as outdated Federal Register citations and test 
methods for the primary NAAQS for SO2. IDEM also amended 
326 IAC 1-3-4(b)(1)(B), making it consistent with the provisions in 
40 CFR 50.5(a) through (c), thereby, updating its reference to the 
procedures to determine compliance with the secondary NAAQS for 
SO2. EPA finds the revision approvable.

Rule 326 IAC 1-3-4(b)(5), Ambient air quality standards for ``Nitrogen 
dioxide (NO2).'' The revisions IDEM made are consistent with 
the provisions contained in 40 CFR 50.11. IDEM made corrections to 326 
IAC 1-3-4(b)(5)(A) to add the revised primary NAAQS in the rule for 
NO2, and 326 IAC 1-3-4(b)(5)(B) to delete language including 
references to outdated Federal Register citations and test methods for 
the primary ambient air quality standards for NO2. IDEM also 
amended 326 IAC 1-3-4(b)(5)(C), making it consistent with the 
provisions in 40 CFR 50.11 (b) through (g), thereby, updating its 
reference to the procedures to determine compliance with the secondary 
NAAQS for NO2. EPA finds the revision approvable.

IV. What action is EPA taking?

    EPA is approving revisions to the Indiana SIP to amend and update 
326 IAC 1-3-4 to include the NAAQS for NO2 and 
SO2, as codified at 40 CFR part 50.
    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 July 15, 2013 
without further notice unless we receive relevant adverse written 
comments by June 13, 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

[[Page 28145]]

comments received will then be addressed in a subsequent final rule 
based on the proposed action. EPA will not institute a second comment 
period; therefore, any parties interested in commenting on this action 
should do so at this time. If we do not receive any comments, this 
action will be effective July 15, 2013.

V. 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 Clean Air 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.
    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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by July 15, 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, Incorporation by 
reference, Lead, Reporting and recordkeeping requirements.

    Dated: April 29, 2013.
Susan Hedman,
Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

0
2. In Sec.  52.770 the table in paragraph (c) is amended by revising 
the entry for ``1-3-4'' to read as follows:

Sec.  52.770  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Indiana Regulations
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                                                           Indiana
         Indiana citation                 Subject         effective     EPA approval date           Notes
                                                             date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
1-3-4............................  Ambient air quality     1/16/2013  5/14/2013, [INSERT    ....................
                                    standards.                         PAGE NUMBER WHERE
                                                                       THE DOCUMENT
                                                                       BEGINS].
 
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[FR Doc. 2013-11296 Filed 5-13-13; 8:45 am]
BILLING CODE 6560-50-P
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