Federal Register / Vol. 87, No. 124 / Wednesday, June 29, 2022 / Proposed Rules 38693 

to several label disclosures are unlikely 

to materially affect consumers’ 

understanding of the labels at the pump. 

Accordingly, the Commission proposes 

granting the requested exemption. The 

Commission requests comment on this 

proposal and whether the requested 

changes would materially affect the 

legibility of required fuel labels. 

IV. Request for Comment 

The Commission seeks comment on 

the proposed exemption in this Notice. 

You can file a comment online or on 

paper. For the Commission to consider 

your comment, we must receive it on or 

before August 15, 2022. Write ‘‘Gilbarco 

Exemption; Matter No. R811005’’ on 

your comment. Your comment— 

including your name and your state— 

will be placed on the public record of 

this proceeding, including, to the extent 

practicable, on the website https://

www.regulations.gov. 

Because of the public health 

emergency in response to the COVID–19 

outbreak and the agency’s heightened 

security screening, postal mail 

addressed to the Commission will be 

subject to delay. We strongly encourage 

you to submit your comments online 

through the https://www.regulations.gov 

website. To ensure the Commission 

considers your online comment, please 

follow the instructions on the webbased form. 

If you file your comment on paper, 

write ‘‘Gilbarco Exemption; Matter No. 

R811005’’ on your comment and on the 

envelope, and mail your comment to the 

following address: Federal Trade 

Commission, Office of the Secretary, 

Org 0825, Mail Stop H–144, 600 

Pennsylvania Avenue NW, Washington, 

DC 20580. 

Because your comment will be placed 

on the public record, you are solely 

responsible for making sure your 

comment does not include any sensitive 

or confidential information. Your 

comment should not contain sensitive 

personal information, such as your or 

anyone else’s Social Security number; 

date of birth; driver’s license number or 

other state identification number or 

foreign country equivalent; passport 

number; financial account number; or 

credit or debit card number. You are 

also solely responsible for making sure 

your comment does not include any 

sensitive health information, such as 

medical records or other individually 

identifiable health information. In 

addition, your comment should not 

include any ‘‘[t]rade secret or any 

commercial or financial information 

which . . . is privileged or 

confidential’’—as provided in Section 

6(f) of the FTC Act, 15 U.S.C. 46(f), and 

FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)— 

including competitively sensitive 

information such as costs, sales 

statistics, inventories, formulas, 

patterns, devices, manufacturing 

processes, or customer names. 

Comments containing material for 

which confidential treatment is 

requested must be filed in paper form, 

must be clearly labeled ‘‘Confidential,’’ 

and must comply with FTC Rule 4.9(c), 

16 CFR 4.9(c). In particular, the written 

request for confidential treatment that 

accompanies the comment must include 

the factual and legal basis for the 

request and must identify the specific 

portions of the comment to be withheld 

from the public record. See FTC Rule 

4.9(c). Your comment will be kept 

confidential only if the General Counsel 

grants your request in accordance with 

the law and the public interest. Once 

your comment has been posted publicly 

at www.regulations.gov—as legally 

required by FTC Rule 4.9(b), 16 CFR 

4.9(b)—we cannot redact or remove 

your comment, unless you submit a 

confidentiality request that meets the 

requirements for such treatment under 

FTC Rule 4.9(c), and the General 

Counsel grants that request. 

Visit the FTC website to read this 

document and the news release 

describing it. The FTC Act and other 

laws the Commission administers 

permit the collection of public 

comments to consider and use in this 

proceeding as appropriate. The 

Commission will consider all timely 

and responsive public comments it 

receives on or before August 15, 2022. 

For information on the Commission’s 

privacy policy, including routine uses 

permitted by the Privacy Act, see 

https://www.ftc.gov/siteinformation/ 

privacypolicy. 

Because written comments appear 

adequate to present the views of all 

interested parties, the Commission has 

not scheduled an opportunity for 

presentation of oral comments regarding 

these proposed amendments. Interested 

parties may request an opportunity to 

present views orally. If such a request is 

made, the Commission will publish a 

document in the Federal Register 

stating the time and place for such oral 

presentation(s) and describing the 

procedures that will be followed. 

Interested parties who wish to present 

oral views must submit a request, on or 

before August 15, 2022, in the form of 

a written comment that describes the 

issues on which the party wishes to 

speak. If no oral presentations are 

scheduled, the Commission will base its 

decision on the written rulemaking 

record. 

V. Paperwork Reduction Act 

The Fuel Rating Rule contains 

recordkeeping, disclosure, testing, and 

reporting requirements that constitute 

information collection requirements as 

defined by 5 CFR 1320.3(c), the 

definitional provision within the Office 

of Management and Budget (OMB) 

regulations that implement the 

Paperwork Reduction Act (PRA). OMB 

has approved the Rule’s existing 

information collection requirements 

through September 30, 2023 (OMB 

Control No. 3084–0068). The proposed 

partial exemption would not amend the 

Rule or change the substance or 

frequency of the Rule’s disclosure 

requirements and, therefore, does not 

require OMB clearance. 

VI. Regulatory Flexibility Act 

The Regulatory Flexibility Act 

(‘‘RFA’’), 5 U.S.C. 601–612, requires that 

the Commission conduct an analysis of 

the anticipated economic impact of the 

proposed partial exemption on small 

entities. The RFA requires that the 

Commission provide an Initial 

Regulatory Flexibility Analysis 

(‘‘IRFA’’) with a rule unless the 

Commission certifies that the rule will 

not have a significant economic impact 

on a substantial number of small 

entities. 5 U.S.C. 605. The proposed 

exemption does not amend the Rule or 

alter the substance or frequency of the 

Rule’s disclosure requirements. Thus, 

the Commission has concluded that a 

regulatory flexibility analysis is not 

necessary, and certifies, under Section 

605 of the Regulatory Flexibility Act (5 

U.S.C. 605(b)), that the proposed 

exemption will not have a significant 

economic impact on a substantial 

number of small entities. 

By direction of the Commission. 

April J. Tabor, 

Secretary. 

[FR Doc. 2022–13795 Filed 6–28–22; 8:45 am] 

BILLING CODE 6750–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2018–0788; EPA–R05– 

OAR–2020–0353; FRL–9879–01–R5] 

Air Plan Approval; Indiana; 

Infrastructure SIP Requirements for 

the 2015 Ozone NAAQS and 

References to the Code of Federal 

Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 


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1EPA explains and elaborates on these 

ambiguities and its approach to address them in its 

September 13, 2013, Infrastructure SIP Guidance 

(available at https://www3.epa.gov/airquality/ 

urbanair/sipstatus/docs/Guidance_on_

Infrastructure_SIP_Elements_Multipollutant_

FINAL_Sept_2013.pdf), as well as in numerous 

agency actions, including EPA’s prior action on 

Indiana’s infrastructure SIP to address the 2012 

PM2.5 NAAQS (August 31, 2017, 82 FR 41379, 

proposed rule and February 1, 2018, 83 FR 4595, 

final rule). 

2See U.S. Court of Appeals for the Ninth Circuit 

decision in Montana Environmental Information 

Center v. EPA, 902 F.3d 971. 

3E.g., EPA’s final rule on ‘‘National Ambient Air 

Quality Standards for Lead.’’ 73 FR 66964 at 67034. 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

elements of a State Implementation Plan 

(SIP) submission from Indiana regarding 

the infrastructure requirements of 

section 110 of the Clean Air Act (CAA) 

for the 2015 ozone National Ambient 

Air Quality Standards (NAAQS). The 

infrastructure 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. EPA is 

also proposing to approve revisions to 

the Indiana SIP that would incorporate 

by reference a more recent edition of the 

Code of Federal Regulations (CFR). 

DATES: Comments must be received on 

or before July 29, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2018–0788 or EPA–R05–OAR– 

2020–0353 at https://

www.regulations.gov, or via email to 

arra.sarah@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e., 

on the web, cloud, or other file sharing 

system). For additional submission 

methods, please contact the person 

identified in the FOR FURTHER

INFORMATION CONTACT section. For the 

full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Andrew Lee, Physical Scientist, 

Attainment Planning and Maintenance 

Section, Air Programs Branch (AR18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312)-353–7645, 

lee.andrew.c@epa.gov. The EPA Region 

5 office is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

Federal holidays and facility closures 

due to COVID–19. 

SUPPLEMENTARY INFORMATION: This 

supplementary information section is 

arranged as follows: 

I. What is the background of these SIP 

submissions? 

II. What is EPA’s analysis of the November 

2, 2018, SIP submission? 

III. What is EPA’s analysis of the June 24, 

2020, SIP submission? 

IV. What action is EPA taking? 

V. Incorporation by Reference 

VI. Statutory and Executive Order Reviews 

I. What is the background of these SIP 

submissions? 

Whenever EPA promulgates a new or 

revised NAAQS, CAA section 110(a)(1) 

requires states to make SIP submissions 

to provide for the implementation, 

maintenance, and enforcement of the 

NAAQS. This particular type of SIP 

submission is commonly referred to as 

an ‘‘infrastructure SIP.’’ These 

submissions must meet the various 

requirements of CAA section 110(a)(2), 

as applicable. Due to ambiguity in some 

of the language of CAA section 

110(a)(2), EPA believes that it is 

appropriate to interpret these provisions 

in the specific context of acting on 

infrastructure SIP submissions. EPA has 

previously provided comprehensive 

guidance on the application of these 

provisions through its September 13, 

2013, Infrastructure SIP Guidance 

(EPA’s 2013 Guidance) 1 and through 

regional actions on infrastructure 

submissions. Unless otherwise noted 

below, EPA is following that existing 

approach in acting on this submission. 

In addition, in the context of acting on 

such infrastructure submissions, EPA 

evaluates the submitting state’s SIP for 

facial compliance with statutory and 

regulatory requirements, not for the 

state’s implementation of its SIP.2 EPA 

has other authority to address any issues 

concerning a state’s implementation of 

the rules, regulations, consent orders, 

etc. that comprise its SIP. 

Pursuant to section 110(a), states must 

provide reasonable notice and 

opportunity for public hearing for all 

infrastructure SIP submissions. On 

August 24, 2018, the Indiana 

Department of Environmental 

Management (IDEM) opened a 30-day 

comment period and provided the 

opportunity for public hearing. No 

requests for public hearing were 

received. Indiana received four separate 

comments pertaining to the transport 

requirements of section 

110(a)(2)(D)(i)(I). EPA has proposed 

action on the transport portion of 

Indiana’s submission in a separate 

rulemaking, therefore those comments 

are not germane to this action. See 87 

FR 9838, February 22, 2022. 

IDEM submitted these rules to EPA on 

November 2, 2018. In this rulemaking, 

EPA is proposing to approve most 

elements of this submission, which is 

intended to address all applicable 

infrastructure requirements for the 2015 

ozone NAAQS. 

Additionally, in this rulemaking EPA 

is proposing to approve a June 24, 2020, 

submission from IDEM that seeks to 

revise the Indiana SIP by incorporating 

by reference a more recent edition of the 

CFR. 

II. What is EPA’s analysis of the 

November 2, 2018, SIP submission? 

Indiana has provided a detailed 

synopsis of how various components of 

its SIP meet each of the applicable 

requirements in section 110(a)(2) for the 

2015 ozone NAAQS, as applicable. The 

following review evaluates the state’s 

submission. 

A. Section 110(a)(2)(A)—Emission 

Limits and Other Control Measures 

This section requires SIPs to include 

enforceable emission limits and other 

control measures, means or techniques, 

schedules for compliance, and other 

related matters. EPA has long 

interpreted emission limits and control 

measures for attaining the standards as 

being due when nonattainment 

planning requirements are due.3 In the 

context of an infrastructure SIP, EPA is 

not evaluating the existing SIP 

provisions for this purpose. Instead, 

EPA is only evaluating whether the 

state’s SIP has basic structural 

provisions for the implementation of the 

NAAQS. 

EPA’s 2013 Guidance states that to 

satisfy section 110(a)(2)(A) 

requirements, ‘‘an air agency’s 

submission should identify existing 

EPA-approved SIP provisions or new 

SIP provisions that the air agency has 

adopted and submitted for EPA 

approval that limit emissions of 

pollutants relevant to the subject 


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4PM2.5 refers to particles with an aerodynamic 

diameter of less than or equal to 2.5 micrometers, 

also referred to as ‘‘fine’’ particles. 

5PM10 refers to particulate matter particles with 

an aerodynamic diameter of less than or equal to 

10 micrometers. 

6 In EPA’s April 28, 2011, proposed rulemaking 

for infrastructure SIPS for the 1997 ozone and PM2.5

NAAQS, EPA stated that each state’s PSD program 

must meet applicable requirements for evaluation of 

all regulated NSR pollutants in PSD permits (76 FR 

23757 at 23760). This view was reiterated in EPA’s 

August 2, 2012, proposed rulemaking for 

infrastructure SIPs for the 2006 PM2.5 NAAQS (77 

FR 45992 at 45998). In other words, if a state lacks 

provisions needed to adequately address NOX as a 

precursor to ozone, PM2.5 precursors, PM2.5 and 

PM10 condensibles, PM2.5 increments, or the Federal 

GHG permitting thresholds, the provisions of 

Section 110(a)(2)(C) requiring a suitable PSD 

permitting program must be considered not to be 

met irrespective of the NAAQS that triggered the 

requirement to submit an infrastructure SIP, 

including the 2012 PM2.5 NAAQS. 

NAAQS, including precursors of the 

relevant NAAQS pollutant where 

applicable.’’ IDEM’s authority to adopt 

emissions standards and compliance 

schedules is found in the Indiana Code 

(IC) at IC 13–14–8, IC 13–17–3–4, IC 13– 

17–3–11, and IC 13–17–3–14. IDEM 

identified existing controls and 

emission limits in the IC. These 

regulations include controls and 

emission limits for volatile organic 

compounds (VOC) and nitrogen oxides 

(NOX), which are precursors to ozone. 

VOC as an ozone precursor is regulated 

at 326 Indiana Administrative Code 

(IAC) 8, and NOX as an ozone precursor 

is regulated by 326 IAC 10. 

Furthermore, in Rules 326 IAC 8 and 

326 IAC 10, respectively, Indiana 

provides category-specific and sourcespecific VOC and NOX emission limits 

in addition to general VOC emission 

limits for Boone, Clark, Dearborn, 

Elkhart, Floyd, Hamilton, Hancock, 

Harrison, Hendricks, Johnson, Lake, 

Marion, Morgan, Porter, St. Joseph, and 

Shelby counties, and general NOX

emission limits for Clark, Floyd and 

Warrick counties. 

In this rulemaking, EPA is not 

proposing to take any action on any new 

provisions currently in the IAC. EPA is 

also not proposing to take any action on 

any existing state provisions or rules 

related to start-up, shutdown or 

malfunction or director’s discretion in 

the context of section 110(a)(2)(A). EPA 

proposes that Indiana has met the 

infrastructure SIP requirements of 

section 110(a)(2)(A) with respect to the 

2015 ozone NAAQS. 

B. Section 110(a)(2)(B)—Ambient Air 

Quality Monitoring/Data System 

This section requires SIPs to provide 

for establishing and operating ambient 

air quality monitors, collecting and 

analyzing ambient air quality data, and, 

upon request, to make these data 

available to EPA. EPA’s 2013 Guidance 

states that submission of annual 

monitoring network plans consistent 

with EPA’s ambient air monitoring 

regulations at 40 CFR 58.10 is one way 

of satisfying requirements to provide 

EPA information regarding air quality 

monitoring activities. EPA’s review of a 

state’s annual monitoring plan includes 

EPA’s determination that the state: (i) 

monitors air quality at appropriate 

locations throughout the state using 

EPA-approved Federal Reference 

Methods or Federal Equivalent Method 

monitors; (ii) submits data to EPA’s Air 

Quality System (AQS) in a timely 

manner; and, (iii) provides EPA 

Regional Offices with prior notification 

of any planned changes to monitoring 

sites or the network plan. 

In accordance with 40 CFR part 53 

and 40 CFR part 58, IDEM continues to 

operate an air monitoring network that 

is used to determine compliance with 

the NAAQS. IDEM enters air monitoring 

data into AQS and provides EPA with 

prior notification when changes to its 

monitoring network or plan are being 

considered. Further, Indiana submits 

annual monitoring network plans to 

EPA. EPA approved Indiana’s 2020 

Annual Air Monitoring Network Plan on 

November 21, 2019, including the plan 

for ozone. EPA proposes that Indiana 

has met the infrastructure SIP 

requirements of section 110(a)(2)(B) 

with respect to the 2015 ozone NAAQS. 

C. Section 110(a)(2)(C)—Program for 

Enforcement of Emission Limitations 

and Control Measures; Minor NSR; PSD 

This section requires SIPs to set forth 

a program providing for enforcement of 

all SIP measures and the regulation of 

construction of new or modified 

stationary sources to meet New Source 

Review (NSR) requirements under 

Prevention of Significant Deterioration 

(PSD) and Nonattainment NSR (NNSR) 

programs. Part C of the CAA (sections 

160–169B) addresses PSD, while part D 

of the CAA (sections 171–193) addresses 

NNSR requirements. EPA’s 2013 

Guidance states that the NNSR 

requirements of section 110(a)(2)(C) are 

generally outside the scope of 

infrastructure SIPs; however, a state 

must provide for regulation of minor 

sources and minor modifications (minor 

NSR). 

1. Program for Enforcement of Emission 

Limitations and Control Measures 

A state’s infrastructure SIP 

submission should identify the statutes, 

regulations, or other provisions in the 

SIP that provide for enforcement of 

emission limits and control measures. 

IDEM maintains an enforcement 

program to ensure compliance with SIP 

requirements. Specifically, IC 13–14–1– 

12 provides the Commissioner with the 

authority to enforce rules ‘‘consistent 

with the purpose of the air pollution 

control laws.’’ Additionally, IC 13–14– 

2–6, IC 13–14–2–7, IC 13–17–3–3 and 

13–30–3 provide the Commissioner 

with the authority to assess civil 

penalties and obtain compliance with 

any applicable rule a board has adopted 

in order to enforce air pollution control 

laws. Lastly, IC 13–14–10–2 allows for 

an emergency restraining order that 

prevents any person from causing, or 

introducing contaminants, that cause or 

contribute to air pollution. EPA 

proposes that Indiana has met the 

enforcement of SIP measures 

requirements of section 110(a)(2)(C) 

with respect to the 2015 ozone NAAQS. 

2. Minor NSR 

An infrastructure SIP submission 

should identify the existing EPAapproved SIP provisions that govern the 

minor source pre-construction program 

that regulates emissions of the relevant 

NAAQS pollutant. 

EPA approved Indiana’s minor NSR 

program on March 16, 2015 (80 FR 

13493); since that date, IDEM and EPA 

have relied on the existing minor NSR 

program to ensure that new and 

modified sources not captured by the 

major NSR permitting programs do not 

interfere with attainment and 

maintenance of the NAAQS. As stated 

in EPA’s 2013 Guidance, the CAA 

allows EPA to approve infrastructure 

SIP submissions that do not implement 

the 2002 NSR Reform Rules. Therefore, 

EPA is not proposing action on existing 

NSR Reform regulations for Indiana. 

EPA proposes that Indiana has met the 

minor NSR requirements of section 

110(a)(2)(C) with respect to the 2015 

ozone NAAQS. 

3. PSD 

The evaluation of each state’s 

submission addressing the 

infrastructure SIP requirements of 

section 110(a)(2)(C) covers: (i) PSD 

provisions that explicitly identify NOX

as a precursor to ozone in the PSD 

program; (ii) identification of precursors 

to PM2.5 4 and the identification of PM2.5

and PM10 5 condensibles in the PSD 

program; (iii) PM2.5 increments in the 

PSD program; and (iv) greenhouse gas 

(GHG) permitting and the ‘‘Tailoring 

Rule’’ in the PSD program.6

Some PSD requirements under section 

110(a)(2)(C) overlap with elements of 

section 110(a)(2)(D)(i), section 

110(a)(2)(E), and section 110(a)(2)(J). 


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7Similar changes were codified in 40 CFR 52.21. 

8EPA notes that on January 4, 2013, the U.S. 

Court of Appeals for the D.C. Circuit, in Natural 

Resources Defense Council v. EPA, 706 F.3d 428 

(D.C. Cir.), held that EPA should have issued the 

2008 NSR Rule in accordance with the CAA’s 

requirements for PM10 nonattainment areas (Title I, 

Part D, subpart 4), and not the general requirements 

for nonattainment areas under subpart 1 (Natural 

Resources Defense Council v. EPA, No. 08–1250). 

As the subpart 4 provisions apply only to 

nonattainment areas, EPA does not consider the 

portions of the 2008 rule that address requirements 

for PM2.5 attainment and unclassifiable areas to be 

affected by the court’s opinion. Moreover, EPA does 

not anticipate the need to revise any PSD 

requirements promulgated by the 2008 NSR rule in 

order to comply with the court’s decision. 

Accordingly, EPA’s approval of Indiana’s 

infrastructure SIP as to elements (C), (D)(i)(II), or (J) 

with respect to the PSD requirements promulgated 

by the 2008 implementation rule does not conflict 

with the court’s opinion. 

The Court’s decision with respect to the 

nonattainment NSR requirements promulgated by 

the 2008 implementation rule also does not affect 

EPA’s action on the present infrastructure action. 

EPA interprets the CAA to exclude nonattainment 

area requirements, including requirements 

associated with a nonattainment NSR program, 

from infrastructure SIP submissions due three years 

after adoption or revision of a NAAQS. Instead, 

these elements are typically referred to as 

nonattainment SIP or attainment plan elements, 

which would be due by the dates statutorily 

prescribed under subpart 2 through 5 under part D, 

extending as far as 10 years following designations 

for some elements. 

These links are discussed in the 

appropriate areas below. 

a. PSD Provisions That Explicitly 

Identify NOX as a Precursor to Ozone in 

the PSD Program 

EPA’s ‘‘Final Rule to Implement the 8- 

Hour Ozone National Ambient Air 

Quality Standard—Phase 2; Final Rule 

to Implement Certain Aspects of the 

1990 Amendments Relating to New 

Source Review and Prevention of 

Significant Deterioration as They Apply 

in Carbon Monoxide, Particulate Matter, 

and Ozone NAAQS; Final Rule for 

Reformulated Gasoline’’ (Phase 2 Rule) 

was published on November 29, 2005 

(70 FR 71612). Among other 

requirements, the Phase 2 Rule 

obligated states to revise their PSD 

programs to explicitly identify NOX as 

a precursor to ozone (70 FR 71612 at 

71679, 71699–71700). This requirement 

was codified in 40 CFR 51.166.7

The Phase 2 Rule required that states 

submit SIP revisions incorporating the 

requirements of the rule, including 

provisions specifically identifying NOX

as a precursor to ozone, by June 15, 

2007 (see 70 FR 71612 at 71683, 

November 29, 2005). 

EPA approved revisions to Indiana’s 

PSD SIP reflecting these requirements 

on July 2, 2014 (79 FR 37646), and 

therefore proposes that Indiana has met 

this set of infrastructure SIP 

requirements of section 110(a)(2)(C) 

with respect to the 2015 ozone NAAQS. 

b. Identification of Precursors to PM2.5

and the Identification of PM2.5 and PM10

Condensibles in the PSD Program 

On May 16, 2008 (73 FR 28321), EPA 

issued the Final Rule on the 

‘‘Implementation of the New Source 

Review (NSR) Program for Particulate 

Matter Less than 2.5 Micrometers 

(PM2.5)’’ (2008 NSR Rule). The 2008 

NSR Rule finalized several new 

requirements for SIPs to address sources 

that emit direct PM2.5 and other 

pollutants that contribute to secondary 

PM2.5 formation. One of these 

requirements is for NSR permits to 

address pollutants responsible for the 

secondary formation of PM2.5, otherwise 

known as precursors. In the 2008 rule, 

EPA identified precursors to PM2.5 for 

the PSD program to be sulfur dioxide 

(SO2) and NOX (unless the state 

demonstrates to the Administrator’s 

satisfaction or EPA demonstrates that 

NOX emissions in an area are not a 

significant contributor to that area’s 

ambient PM2.5 concentrations). The 

2008 NSR Rule also specifies that VOCs 

are not considered to be precursors to 

PM2.5 in the PSD program unless the 

state demonstrates to the 

Administrator’s satisfaction or EPA 

demonstrates that emissions of VOCs in 

an area are significant contributors to 

that area’s ambient PM2.5

concentrations. 

The explicit references to SO2, NOX, 

and VOCs as they pertain to secondary 

PM2.5 formation are codified at 40 CFR 

51.166(b)(49)(i)(b) and 40 CFR 

52.21(b)(50)(i)(b). As part of identifying 

pollutants that are precursors to PM2.5,

the 2008 NSR Rule also required states 

to revise the definition of ‘‘significant’’ 

as it relates to a net emissions increase 

or the potential of a source to emit 

pollutants. Specifically, 40 CFR 

51.166(b)(23)(i) and 40 CFR 

52.21(b)(23)(i) define ‘‘significant’’ for 

PM2.5 to mean the following emissions 

rates: 10 tons per year (tpy) of direct 

PM2.5; 40 tpy of SO2; and 40 tpy of NOX

(unless the state demonstrates to the 

Administrator’s satisfaction or EPA 

demonstrates that NOX emissions in an 

area are not a significant contributor to 

that area’s ambient PM2.5

concentrations). The deadline for states 

to submit SIP revisions to their PSD 

programs incorporating these changes 

was May 16, 2011 (see 73 FR 28321 at 

28341, May 16, 2008).8

The 2008 NSR Rule did not require 

states to immediately account for gases 

that could condense to form particulate 

matter, known as condensibles, in PM2.5

and PM10 emission limits in NSR 

permits. Instead, EPA determined that 

states had to account for PM2.5 and PM10

condensibles for applicability 

determinations and in establishing 

emissions limitations for PM2.5 and 

PM10 in PSD permits beginning on or 

after January 1, 2011. This requirement 

is codified in 40 CFR 

751.166(b)(49)(i)(a) and 40 CFR 

52.21(b)(50)(i)(a). Revisions to states’ 

PSD programs incorporating the 

inclusion of condensibles were due to 

EPA by May 16, 2011 (see 73 FR 28321 

at 28341, May 16, 2008). 

EPA approved revisions to Indiana’s 

PSD SIP reflecting these requirements 

on July 2, 2014 (79 FR 37646), and 

therefore proposes that Indiana has met 

this set of infrastructure SIP 

requirements of section 110(a)(2)(C) 

with respect to the 2015 ozone NAAQS. 

c. PM2.5 Increments in the PSD Program 

On October 20, 2010, EPA issued the 

final rule on the ‘‘Prevention of 

Significant Deterioration (PSD) for 

Particulate Matter Less Than 2.5 

Micrometers (PM2.5)—Increments, 

Significant Impact Levels (SILs) and 

Significant Monitoring Concentration 

(SMC)’’ (2010 NSR Rule). This rule 

established several components for 

making PSD permitting determinations 

for PM2.5, including a system of 

‘‘increments’’ which is the mechanism 

used to estimate significant 

deterioration of ambient air quality for 

a pollutant. These increments are 

codified in 40 CFR 51.166(c) and 40 

CFR 52.21(c), and are included in Table 

1 below. 

TABLE 1—PM2.5 INCREMENTS ESTABLISHED BY THE 2010 NSR RULE IN

MICROGRAMS PER CUBIC METER

Annual 

arithmetic 

mean 

24-hour 

max 

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

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

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

The 2010 NSR Rule also established a 

new ‘‘major source baseline date’’ for 

PM2.5 as October 20, 2010, and a new 

trigger date for PM2.5 as October 20, 

2011. These revisions are codified in 40 

CFR 51.166(b)(14)(i)(c) and (b)(14)(ii)(c), 

and 40 CFR 52.21(b)(14)(i)(c) and 

(b)(14)(ii)(c). Lastly, the 2010 NSR Rule 

revised the definition of ‘‘baseline area’’ 

to include a level of significance of 0.3 

micrograms per cubic meter, annual 

average, for PM2.5. This change is 

codified in 40 CFR 51.166(b)(15)(i) and 

40 CFR 52.21(b)(15)(i). 

On July 12, 2012, and supplemented 

on December 12, 2012, IDEM submitted 


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revisions intended to address the 

increments established by the 2010 NSR 

Rule for incorporation into the SIP, as 

well as the revised major source 

baseline date, trigger date, and baseline 

area level of significance for PM2.5. 

IDEM also requested that these revisions 

satisfy any applicable infrastructure SIP 

requirements related to PSD. 

Specifically, revisions to 326 IAC 2–2– 

6(b) contain the Federal increments for 

PM2.5, 326 IAC 2–2–1(ee)(3) contains the 

new major source baseline date for 

PM2.5 of October 20, 2010, 326 IAC 2– 

2–1(gg)(1)(C) contains the new trigger 

date for PM2.5 of October 20, 2011, and 

326 IAC 2–2–1(f)(1) contains the new 

baseline area level of significance for 

PM2.5. It should be noted that Indiana’s 

submitted revisions explicitly include 

only the PM2.5 increments as they apply 

to Class II areas, and not the PM2.5

increments as they apply to Class I or 

Class III areas. 

On August 11, 2014 (79 FR 46709), 

EPA finalized approval of the applicable 

infrastructure SIP PSD revisions in the 

Indiana SIP; therefore, EPA is proposing 

that Indiana has met this set of 

infrastructure SIP requirements of 

section 110(a)(2)(C) with respect to the 

2015 ozone NAAQS. 

d. GHG Permitting and the ‘‘Tailoring 

Rule’’ in the PSD Program 

With respect to the requirements of 

section 110(a)(2)(C) as well as section 

110(a)(2)(J), EPA interprets the CAA to 

require each state to make an 

infrastructure SIP submission for a new 

or revised NAAQS that demonstrates 

that the air agency has a complete PSD 

permitting program meeting the current 

requirements for all regulated NSR 

pollutants. The requirements of section 

110(a)(2)(D)(i)(II) may also be satisfied 

by demonstrating the air agency has a 

complete PSD permitting program 

correctly addressing all regulated NSR 

pollutants. Indiana has shown that it 

currently has a PSD program in place 

that covers all regulated NSR pollutants, 

including GHGs. EPA finalized approval 

of a revision to Indiana’s SIP on 

September 15, 2011 (76 FR 59899), 

which included revisions to 326 IAC 2– 

2–1 and 326 IAC 2–2–4 of Indiana’s PSD 

regulations. These revisions established 

appropriate emissions thresholds for 

determining PSD applicability with 

respect to new or modified GHGemitting stationary sources in 

accordance with EPA’s GHG Tailoring 

Rule. 

On June 23, 2014, the United States 

Supreme Court issued a decision 

addressing the application of PSD 

permitting requirements to GHG 

emissions. Utility Air Regulatory Group 

v. Environmental Protection Agency, 

134 S.Ct. 2427 (the UARG case). The 

Supreme Court said that EPA may not 

treat GHGs as an air pollutant for 

purposes of determining whether a 

source is a major source required to 

obtain a PSD permit. The Court also said 

that EPA could continue to require that 

PSD permits, otherwise required based 

on emissions of pollutants other than 

GHGs, contain limitations on GHG 

emissions based on the application of 

Best Available Control Technology 

(BACT). 

In accordance with the Supreme 

Court decision, on April 10, 2015, the 

U.S. Court of Appeals for the District of 

Columbia Circuit (the D.C. Circuit) 

issued an amended judgment vacating 

the regulations that implemented Step 2 

of the EPA’s PSD and Title V 

Greenhouse Gas Tailoring Rule, but not 

the regulations that implement Step 1 of 

that rule. See Coalition for Responsible 

Regulation, Inc. v. EPA, No. 09–1322. 

Step 1 of the Tailoring Rule covers 

sources that are required to obtain a PSD 

permit based on emissions of pollutants 

other than GHGs. Step 2 applied to 

sources that emitted only GHGs above 

the thresholds triggering the 

requirement to obtain a PSD permit. The 

amended judgment preserves, without 

the need for additional rulemaking by 

the EPA, the application of the BACT 

requirement to GHG emissions from 

Step 1 or ‘‘anyway’’ sources. With 

respect to Step 2 sources, the D.C. 

Circuit’s amended judgment vacated the 

regulations at issue in the litigation, 

including 40 CFR 51.166(b)(48)(v), ‘‘to 

the extent they require a stationary 

source to obtain a PSD permit if 

greenhouse gases are the only pollutant 

(i) that the source emits or has the 

potential to emit above the applicable 

major source thresholds, or (ii) for 

which there is a significant emission 

increase from a modification.’’ 

EPA is planning to take additional 

steps to revise federal PSD rules in light 

of the Supreme Court opinion and 

subsequent D.C. Circuit judgment. Some 

states have begun to revise their existing 

SIP-approved PSD programs to address 

these court decisions, and some states 

may prefer not to initiate this process 

until they have more information about 

the planned revisions to EPA’s PSD 

regulations. EPA is not expecting states 

to have revised their PSD programs in 

anticipation of EPA’s planned actions to 

revise its PSD program rules in response 

to the court decisions or purposes of 

infrastructure SIP submissions. For 

purposes of infrastructure SIP 

submissions, EPA is only evaluating 

such submissions to assure that the 

state’s program addresses GHGs 

consistent with both court decisions. 

Under IC 13–14–9–8(h) Indiana’s 

rules that implement Step 2 of the 

Tailoring Rule were automatically 

invalidated in the UARG case discussed 

above. Therefore, Indiana only 

implements Step 1 for ‘‘anyway’’ 

sources. The Indiana Environmental 

Rules Board adopted the GHG 

regulations required by EPA at 326 IAC 

2–2–1(zz), pursuant to IC 13–14–9–8(h) 

(a section 8 rulemaking). While the Step 

2 provisions still appear at 326 IAC 2– 

2–1(zz)(5), as a result of IC 13–14–9– 

8(h), a rule, or part of a rule, adopted 

under section 8 is automatically 

invalidated when the corresponding 

federal rule, or part of the rule, is 

invalidated. Due to the ruling in UARG 

v. EPA, the Step 2 portion of the 

Indiana’s rule was automatically 

invalidated, and IDEM cannot consider 

GHG emissions to determine operating 

permit applicability or PSD 

applicability to a source or 

modification. Therefore, EPA is 

proposing that Indiana’s SIP is sufficient 

to satisfy Elements (C), (D)(i)(II), and (J) 

with respect to GHGs because the PSD 

permitting program previously 

approved by the EPA into the Indiana 

SIP continues to require that PSD 

permits issued to ‘‘anyway sources’’ 

contain limitations on GHG emissions 

based on the application of BACT. 

EPA proposes that Indiana has met 

the infrastructure SIP requirements of 

section 110(a)(2)(C) with respect to the 

2015 ozone NAAQS. 

3. Minor NSR 

An infrastructure SIP submission 

should identify the existing EPAapproved SIP provisions that govern the 

minor source pre-construction program 

that regulates emissions of the relevant 

NAAQS pollutant. 

EPA approved Indiana’s minor 

construction permit rule (326 IAC 2–1) 

on October 7, 1994 (59 FR 51108). On 

March 16, 2015, EPA approved 

revisions to 326 IAC 2–1 (see 80 FR 

13493). Since October 7, 1994 and 

March 16, 2015, respectively, IDEM and 

EPA have relied on the existing minor 

NSR program to ensure that new and 

modified sources not captured by the 

major NSR permitting programs do not 

interfere with attainment and 

maintenance of the NAAQS. As stated 

in EPA’s 2013 Guidance, the CAA 

allows EPA to approve infrastructure 

SIP submissions that do not implement 

the 2002 NSR Reform Rules. Therefore, 

EPA is not proposing action on existing 

NSR Reform regulations for Indiana. 

EPA proposes that Indiana has met the 

minor NSR requirements of section 


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110(a)(2)(C) with respect to the 2015 

ozone NAAQS. 

D. Section 110(a)(2)(D)—Interstate 

Transport 

Section 110(a)(2)(D) has two 

components: 110(a)(2)(D)(i) and 

110(a)(2)(D)(ii). Section 110(a)(2)(D)(i) 

includes four distinct components, 

commonly referred to as ‘‘prongs,’’ that 

must be addressed in infrastructure SIP 

submissions. The first two prongs, 

which are codified in section 

110(a)(2)(D)(i)(I), prohibit any source or 

other type of emissions activity in one 

state from contributing significantly to 

nonattainment of the NAAQS in another 

state (prong 1) and from interfering with 

maintenance of the NAAQS in another 

state (prong 2). The third and fourth 

prongs, which are codified in section 

110(a)(2)(D)(i)(II), prohibit emissions 

activity in one state from interfering 

with measures required to prevent 

significant deterioration of air quality in 

another state (prong 3) or from 

interfering with measures to protect 

visibility in another state (prong 4). 

Section 110(a)(2)(D)(i)(I) requires SIPs 

to include provisions prohibiting any 

source or other type of emission activity 

in one state from contributing 

significantly to nonattainment, or 

interfering with maintenance, of the 

NAAQS in another state. Section 

110(a)(2)(D)(i)(II) requires SIPs to 

include provisions prohibiting any 

source of other type of emission activity 

in one state from interfering with 

measures required of any other state to 

prevent significant deterioration of air 

quality, or from interfering with 

measures required of any other state to 

protect visibility. Section 110(a)(2)(D)(ii) 

requires each SIP to contain adequate 

provisions requiring compliance with 

the applicable requirements of section 

126 and section 115 (relating to 

interstate and international pollution 

abatement, respectively). 

1. Significant Contribution to 

Nonattainment 

In this rulemaking, EPA is not 

evaluating section 110(a)(2)(D)(i)(I) 

requirements relating to significant 

contribution to nonattainment for the 

2015 ozone NAAQS. Instead, EPA has 

evaluated these requirements in a 

separate rulemaking. See 87 FR 9838, 

February 22, 2022. 

2. Interference With Maintenance 

In this rulemaking, EPA is not 

evaluating section 110(a)(2)(D)(i)(I) 

requirements relating to interference 

with maintenance for the 2015 ozone 

NAAQS. Instead, EPA has evaluated 

these requirements in a separate 

rulemaking. See 87 FR 9838, February 

22, 2022. 

3. Interference With PSD 

EPA notes that Indiana’s satisfaction 

of the applicable infrastructure SIP PSD 

requirements for the 2015 ozone 

NAAQS has been detailed in the section 

addressing section 110(a)(2)(C). EPA 

further notes that the proposed actions 

in that section related to PSD are 

consistent with the proposed actions 

related to PSD for section 

110(a)(2)(D)(i)(II), and they are reiterated 

below. 

EPA has previously approved 

revisions to Indiana’s SIP that meet 

certain requirements obligated by the 

Phase 2 Rule and the 2008 NSR Rule. 

These revisions included provisions 

that explicitly identify NOX as a 

precursor to ozone, explicitly identify 

SO2 and NOX as precursors to PM2.5 and 

regulate condensable PM2.5 and PM10 in 

applicability determinations for 

purposes of establishing emission 

limits. EPA has also previously 

approved revisions to Indiana’s SIP that 

incorporate the PM2.5 increments and 

the associated implementation 

regulations including the major source 

baseline date, trigger date, and level of 

significance for PM2.5 per the 2010 NSR 

Rule. EPA is proposing that Indiana’s 

SIP contains provisions that adequately 

address the 2015 ozone NAAQS. 

States also have an obligation to 

ensure that sources located in 

nonattainment areas do not interfere 

with a neighboring state’s PSD program. 

One way that this requirement can be 

satisfied is through an NNSR program 

consistent with the CAA that addresses 

any pollutants for which there is a 

designated nonattainment area within 

the state. 

Indiana’s EPA–approved NNSR 

regulations are contained in 326 IAC 2– 

3, approved on July 8, 2011 (76 FR 

40242), and are consistent with 40 CFR 

51.165 and 40 CFR part 51, appendix S. 

Therefore, EPA proposes that Indiana 

has met all of the applicable section 

110(a)(2)(D)(i)(II) requirements relating 

to interference with PSD for the 2015 

ozone NAAQS. 

4. Interference With Visibility 

Protection 

In this rulemaking, EPA is not 

approving or disapproving Indiana’s 

satisfaction of the visibility protection 

requirements of section 

110(a)(2)(D)(i)(II), transport prong 4, for 

the 2015 ozone NAAQS. Instead, EPA 

will evaluate Indiana’s compliance with 

these requirements in a separate 

rulemaking. 

5. Interstate and International Pollution 

Abatement 

Section 110(a)(2)(D)(ii) requires each 

SIP to contain adequate provisions 

requiring compliance with the 

applicable requirements of section 126 

and section 115 (relating to interstate 

and international pollution abatement, 

respectively). section 126(a) requires 

new or modified sources to notify 

neighboring states of potential impacts 

from the source. The statute does not 

specify the method by which the source 

should provide the notification. States 

with SIP-approved PSD programs must 

have a provision requiring such 

notification by new or modified sources. 

A lack of such a requirement in state 

rules would be grounds for disapproval 

of this element. 

Indiana’s EPA-approved PSD portion 

of its program in 326 IAC 2–2–15 (b)(3) 

contains provisions requiring new or 

modified sources to notify neighboring 

states of potential negative air quality 

impacts. EPA is proposing that Indiana 

has met the infrastructure SIP 

requirements of section 126(a) with 

respect to the 2015 ozone NAAQS. 

Indiana does not have any obligations 

under any other subsection of section 

126, nor does it have any pending 

obligations under section 115. 

Therefore, EPA proposes that Indiana 

has met all of the applicable section 

110(a)(2)(D)(ii) requirements for the 

2015 ozone NAAQS. 

E. Section 110(a)(2)(E)—Adequate 

Resources; State Board Requirements 

This section requires each state to 

provide for adequate personnel, 

funding, and legal authority under state 

law to carry out its SIP, and related 

issues. Section 110(a)(2)(E)(ii) also 

requires each state to comply with the 

requirements respecting state boards 

under section 128. 

1. Adequate Resources 

To satisfy the adequate resources 

requirements of section 110(a)(2)(E), the 

state should provide assurances that its 

air agency has adequate resources, 

personnel, and legal authority to 

implement the relevant NAAQS. 

Indiana’s biennial budget and its 

environmental performance partnership 

agreement with EPA document funding 

and personnel levels for IDEM every 

two years. As discussed in earlier 

sections, IC 13–14–1–12 provides the 

Commissioner of IDEM with the 

authority to enforce air pollution control 

laws. Furthermore, IC 13–14–8, IC 13– 

17–3–11, and IC 13–17–3–14 contain 

the authority for IDEM to adopt air 

emissions standards and compliance 


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9 40 CFR 51.321 through 51.323 nominally 

address emission reporting but merely crossreference to 40 CFR part 51, subpart A. 

10As defined in 40 CFR 51.116(c), the term 

‘‘correlate’’ means ‘‘present in such a manner as to 

show the relationship between measured or 

estimated amounts of emissions and the amounts of 

such emissions allowable under the applicable 

emission limitations or other measures.’’ 

schedules. EPA proposes that Indiana 

has met the infrastructure SIP 

requirements of this portion of section 

110(a)(2)(E) with respect to the 2015 

ozone NAAQS. 

2. State Board Requirements 

Section 110(a)(2)(E) also requires each 

SIP to set forth provisions that comply 

with the state board requirements of 

section 128 of the CAA. Specifically, 

this section contains two explicit 

requirements: (i) That any board or body 

which approves permits or enforcement 

orders under this chapter shall have at 

least a majority of members who 

represent the public interest and do not 

derive any significant portion of their 

income from persons subject to permits 

and enforcement orders under this 

chapter, and (ii) that any potential 

conflicts of interest by members of such 

board or body or the head of an 

executive agency with similar powers be 

adequately disclosed. 

On November 29, 2012, IDEM 

submitted rules regarding its 

Environmental Rules Board at IC 13–13– 

8 for incorporation into the SIP, 

pursuant to section 128 of the CAA. On 

December 12, 2012, IDEM provided a 

supplemental submission clarifying that 

the Environmental Rules Board 

established by IC 13–13–8, which has 

the authority to adopt environmental 

regulations under IC 4–22–2 and IC 13– 

14–9, does not have the authority to 

approve enforcement orders or 

permitting actions as outlined in section 

128(a)(1) of the CAA. Therefore, section 

128(a)(1) of the CAA is not applicable in 

Indiana. 

Under section 128(a)(2), the head of 

the executive agency with the power to 

approve enforcement orders or permits 

must adequately disclose any potential 

conflicts of interest. IC 13–13–8–11 

‘‘Disclosure of conflicts of interest’’ 

contains provisions that adequately 

satisfy the requirements of section 

128(a)(2). This section requires that each 

member of the board shall fully disclose 

any potential conflicts of interest 

relating to permits or enforcement 

orders. IC 13–13–8–4 defines the 

membership of the board, and the 

commissioner (of IDEM) or his/her 

designee is explicitly included as a 

member of the board. Therefore, when 

evaluated together in the context of 

section 128(a)(2), the commissioner (of 

IDEM) or his/her designee must fully 

disclose any potential conflicts of 

interest relating to permits or 

enforcement orders under the CAA. EPA 

concludes that IDEM’s submission as it 

relates to the state board requirements 

under section 128 is consistent with 

applicable CAA requirements. EPA 

approved these rules on December 24, 

2013 (78 FR 77599). Therefore, EPA is 

proposing that IDEM has satisfied the 

applicable infrastructure SIP 

requirements of section 110(a)(2)(E) for 

the 2015 ozone NAAQS. 

F. Section 110(a)(2)(F)—Stationary 

Source Monitoring System 

Section 110(a)(2)(F) contains several 

requirements, each of which are 

described below. 

1. Installation, Maintenance, 

Replacement of Equipment, and Other 

Necessary Steps by Owners or Operators 

of Stationary Sources To Monitor 

Emissions From Such Sources 

EPA’s rules regarding how SIPs need 

to address requirements for source 

monitoring are contained in 40 CFR 

51.212 (‘‘Testing, inspection, 

enforcement, and compliance’’). This 

regulation requires SIPs to provide for a 

program of periodic testing and 

inspection of stationary sources, to 

provide for the identification of 

allowable test methods, and to exclude 

any provision that would prevent the 

use of any credible evidence of 

noncompliance. IDEM’s rules for 

monitoring requirements are contained 

in 326 IAC 3, which includes provisions 

specific to the continuous monitoring of 

emissions at 326 IAC 3–5–1, approved 

on June 25, 2021 (86 FR 33525), and 

minimum performance and operating 

specifications at 326 IAC 3–5–2, quality 

assurance requirements at 326 IAC 3–5– 

5, recordkeeping requirements at 326 

IAC 3–5–6, source sampling procedures 

at 326 IAC 3–6–1, and fuel sampling 

and analysis procedures at 326 IAC 7, 

approved on October 23, 2013 (78 FR 

63093). Therefore, EPA proposes that 

Indiana has met the infrastructure SIP 

requirements of section 110(a)(2)(F)(i) 

with respect to the 2015 ozone standard. 

2. Periodic Reports on the Nature and 

Amounts of Emissions and EmissionsRelated Data From Stationary Sources 

To address periodic reporting 

requirements, the infrastructure SIP 

submission should include air agency 

requirements providing for periodic 

reporting of emissions and emissionsrelated data by sources to the air agency, 

as required by the following emissions 

reporting requirements: 40 CFR 51.211 

(‘‘Emissions reports and 

recordkeeping’’); 40 CFR 51.321 through 

51.323 (‘‘Source Emissions and State 

Action Reporting’’); and the EPA’s Air 

Emissions Reporting Rule, 40 CFR part 

51, subpart A (‘‘Air Emissions Reporting 

Requirements’’).9 The section 51.321 

requirement that emission reports from 

states be made through the appropriate 

EPA Regional Office has been 

superseded in practice, as these data are 

now to be reported electronically 

through a centralized data portal 

pursuant to 40 CFR 51.45(b), which 

refers to the website http://

www.epa.gov/ttn/chief, which was 

moved to https://www.epa.gov/. All 

states have existing periodic source 

reporting of emissions and emission 

inventory reporting practices. Thus, for 

any new or revised NAAQS, the 

infrastructure SIP may be able to certify 

existing authority and commitments and 

provide any additional assurance 

needed to meet changes in reporting and 

inventory requirements associated with 

the new or revised NAAQS. 

Indiana sets forth reporting 

requirements in 326 IAC 2–6–4, 

approved on March 29, 2007 (72 FR 

14678), that are consistent with 40 CFR 

51.211, 40 CFR 51.321 to 323, and 40 

CFR part 51, subpart A. Therefore, EPA 

proposes that Indiana has met the 

infrastructure SIP requirements of 

section 110(a)(2)(F)(ii) with respect to 

the 2015 ozone standard. 

3. Correlation of Emissions Reports by 

the State Agency With Any Applicable 

Emission Limitations or Standards, 

Reports Shall Be Available at 

Reasonable Times for Public Inspection 

For this sub-element, the 

infrastructure SIP submission should 

reference and describe existing air 

agency requirements that have been 

approved into the SIP by the EPA, or 

include air agency requirements being 

newly submitted, that provide for the 

following: (1) correlation 10 by the air 

agency of emissions reports by sources 

with applicable emission limitations or 

standards; and (2) the public availability 

of emission reports by sources. Under 

40 CFR part 51 Subpart G, 40 CFR 

51.116 (‘‘Data availability’’), contains 

the requirements for correlating data. 

Correlation with applicable emissions 

limitations or standards is relevant only 

for those reports of source emissions 

that reflect the test method(s) and 

averaging period(s) specified in 

applicable emission limitations or 

standards. Thus, source reports of 

annual, ozone season, or summer day 


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11http://www.in.gov/idem/airquality/2489.htm. 

emissions used by the air agency to 

create the annual and triennial emission 

inventory submission to the EPA under 

40 CFR part 51 subpart A in general 

would not need to be correlated with 

specific emission limitations or 

standards, as many sources do not have 

applicable emission limitations defined 

for those averaging periods. However, if 

the sources have applicable emissions 

limitations that are defined for these 

averaging periods, then they would 

need to be correlated. 

Emission reports are available from 

IDEM upon request by EPA or other 

interested parties. Additionally, IDEM 

emissions data can be downloaded from 

the IDEM website at https://www.in.gov/ 

idem/airquality/2507.htm. This site 

provides summaries of emissions of air 

pollutants reported by companies 

throughout the state of Indiana. The 

pollutants in these summaries include 

NOX and VOC. Therefore, EPA proposes 

that Indiana has met the infrastructure 

SIP requirements of section 

110(a)(2)(F)(iii) with respect to the 2015 

ozone standard. 

G. Section 110(a)(2)(G)—Emergency 

Powers 

Section 110(a)(2)(G) requires the SIP 

to provide for authority analogous to 

that in section 303 of the CAA and 

adequate contingency plans to 

implement such authority. EPA’s 2013 

Guidance states that infrastructure SIP 

submissions should specify authority, 

vested in an appropriate official, to 

restrain any source from causing or 

contributing to emissions which present 

an imminent and substantial 

endangerment to public health or 

welfare, or the environment. 

326 IAC 1–5–2, approved on May 31, 

1972 (37 FR 10842), establishes air 

pollution episode alert levels based on 

concentrations of criteria pollutants. 

This rule requires that emergency 

reduction plans be submitted to the 

Commissioner of IDEM by major air 

pollution sources, and these plans must 

include actions that will be taken when 

each episode level is declared, to reduce 

or eliminate emissions of the 

appropriate air pollutants. Similarly, 

under IC 13–17–4, Indiana also retains 

the ability to declare an air pollution 

emergency and order all persons 

causing or contributing to the 

conditions warranting the air pollution 

emergency to immediately reduce or 

discontinue emission of air 

contaminants. EPA proposes that 

Indiana has met the applicable 

infrastructure SIP requirements of 

section 110(a)(2)(G) related to authority 

to implement measures to restrain 

sources from causing or contributing to 

emissions which present an imminent 

and substantial endangerment to public 

health, welfare or the environment with 

respect to the 2015 ozone NAAQS. 

H. Section 110(a)(2)(H)—Future SIP 

Revisions 

This section requires states to provide 

for the authority to revise their SIPs in 

response to changes in the NAAQS, 

availability of improved methods for 

attaining the NAAQS, or to an EPA 

finding that the SIP is substantially 

inadequate. 

IDEM continues to update and 

implement needed revisions to 

Indiana’s SIP as necessary to meet 

ambient air quality standards. As 

discussed in previous sections, 

authority to adopt emissions standards 

and compliance schedules is found at IC 

13–4–8, IC 13–17–3–4, IC 13–17–3–11, 

and IC 13–17–3–14. EPA proposes that 

Indiana has met the infrastructure SIP 

requirements of section 110(a)(2)(H) 

with respect to the 2015 ozone NAAQS. 

I. Section 110(a)(2)(I)—Nonattainment 

Planning Requirements of Part D 

The CAA requires that each plan or 

plan revision for an area designated as 

a nonattainment area meet the 

applicable requirements of Part D of the 

CAA. Part D relates to nonattainment 

areas. 

EPA has determined that section 

110(a)(2)(I) is not applicable to the 

infrastructure SIP process. Instead, EPA 

takes action on Part D attainment plans 

through separate processes. 

J. Section 110(a)(2)(J)—Consultation 

With Government Officials; Public 

Notifications; PSD; Visibility Protection 

The evaluation of the submission 

from Indiana with respect to the 

requirements of section 110(a)(2)(J) are 

described below. 

1. Consultation With Government 

Officials 

States must provide a process for 

consultation with local governments 

and Federal Land Managers (FLMs) 

carrying out NAAQS implementation 

requirements. 

IDEM actively participates in the 

regional planning efforts that include 

state rule developers, representatives 

from the FLMs, and other affected 

stakeholders. Additionally, Indiana is 

an active member of the Lake Michigan 

Air Director’s Consortium (LADCO), 

which consists of collaboration with the 

States of Illinois, Wisconsin, Michigan, 

Minnesota, and Ohio. EPA proposes that 

Indiana has met the infrastructure SIP 

requirements of this portion of section 

110(a)(2)(J) with respect to the 2015 

ozone NAAQS. 

2. Public Notification 

Section 110(a)(2)(J) also requires 

states to notify the public if NAAQS are 

exceeded in an area and to enhance 

public awareness of measures that can 

be taken to prevent exceedances. 

IDEM monitors air quality data daily 

and reports the air quality index to the 

interested public and media, if 

necessary. IDEM also participates in and 

submits information to EPA’s AIRNOW 

program, and maintains SmogWatch, 

which is an informational tool created 

by IDEM to share air quality forecasts 

for each day. SmogWatch provides daily 

information about ground-level ozone, 

particulate matter concentration levels, 

health information, and monitoring data 

for seven regions in Indiana. In 

addition, IDEM maintains a publicly 

available website that allows interested 

members of the community and other 

stakeholders to view current monitoring 

data summaries, including those for 

ozone.11 EPA proposes that Indiana has 

met the infrastructure SIP requirements 

of this portion of section 110(a)(2)(J) 

with respect to the 2015 ozone NAAQS. 

3. PSD 

States must meet applicable 

requirements of section 110(a)(2)(C) 

related to PSD. IDEM’s PSD program in 

the context of infrastructure SIPs has 

already been discussed above in the 

paragraphs addressing sections 

110(a)(2)(C) and 110(a)(2)(D)(i)(II), and 

EPA notes that the proposed actions for 

those sections are consistent with the 

proposed actions for this portion of 

section 110(a)(2)(J). 

Therefore, EPA proposes that Indiana 

has met all of the infrastructure SIP 

requirements for PSD associated with 

section 110(a)(2)(D)(J) for the 2015 

ozone NAAQS. 

4. Visibility Protection 

States are subject to visibility and 

regional haze program requirements 

under part C of the CAA (which 

includes sections 169A and 169B). In 

the event of the establishment of a new 

NAAQS, however, the visibility and 

regional haze program requirements 

under part C do not change. Thus, EPA 

finds that there is no new visibility 

obligation ‘‘triggered’’ under section 

110(a)(2)(J) when a new NAAQS 

becomes effective. In other words, the 

visibility protection requirements of 

section 110(a)(2)(J) are not germane to 

infrastructure SIPs for the 2015 ozone 

NAAQS. 


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Federal Register / Vol. 87, No. 124 / Wednesday, June 29, 2022 / Proposed Rules 38701 

K. Section 110(a)(2)(K)—Air Quality 

Modeling/Data 

SIPs must provide for performance of 

air quality modeling to predict the 

effects on air quality of emissions from 

any NAAQS pollutant and the 

submission of such data to EPA upon 

request. 

IDEM maintains the capability of 

performing computer modeling of the 

air quality impacts of all criteria 

pollutants, including both sourceoriented and more regionally directed 

complex photochemical grid models. 

IDEM collaborates with LADCO, EPA, 

and other Lake Michigan states in 

performing modeling. These modeling 

data are available to EPA or other 

interested parties upon request. 

Indiana’s rules regarding air quality 

modeling are contained in 326 IAC 2– 

2–4, 326 IAC 2–2–5, 326 IAC 2–2–6, and 

326 IAC 2–2–7. EPA proposes that 

Indiana has met the infrastructure SIP 

requirements of section 110(a)(2)(K) 

with respect to the 2015 ozone NAAQS. 

L. Section 110(a)(2)(L)—Permitting Fees 

This section requires SIPs to mandate 

each major stationary source to pay 

permitting fees to cover the cost of 

reviewing, approving, implementing, 

and enforcing a permit. 

IDEM’s EPA-approved permit fee 

program, specifically contained in 326 

IAC 2–1.1–7, contains the provisions, 

requirements, and structures associated 

with the costs for reviewing, approving, 

implementing, and enforcing various 

types of permits. EPA proposes that 

Indiana has met the infrastructure SIP 

requirements of section 110(a)(2)(L) 

with respect to the 2015 ozone NAAQS. 

M. Section 110(a)(2)(M)—Consultation/ 

Participation by Affected Local Entities 

States must consult with and allow 

participation from local political 

subdivisions affected by the SIP. Any 

IDEM rulemaking procedure contained 

in IC 13–14–9 requires public 

participation in the SIP development 

process. In addition, IDEM ensures that 

the public hearing requirements of 40 

CFR 51.102 are satisfied during the SIP 

development process. EPA proposes 

that Indiana has met the infrastructure 

SIP requirements of section 110(a)(2)(M) 

with respect to the 2015 ozone NAAQS. 

III. What is EPA’s analysis of the June 

24, 2020, SIP submission? 

On June 24, 2020, IDEM submitted a 

separate SIP revision request that EPA 

approve into the Indiana SIP updated 

rules at 326 IAC 1–1–3 (References to 

the Code of Federal Regulations) with 

an effective date April 4, 2020. 

IDEM periodically revises its rules to 

reference updated versions of the CFR. 

Most recently, on June 25, 2017, EPA 

approved into the Indiana SIP revised 

rules at 326 IAC 1–1–3, which removed 

a reference to the July 1, 2013, edition 

of the CFR and added a reference to the 

July 1, 2015, edition of the CFR (82 FR 

28775). 

IDEM’s June 24, 2020, submittal 

includes a further revised version of 326 

IAC 1–1–3, which removes the reference 

to the to the July 1, 2015, edition of the 

CFR and adds a reference to the July 1, 

2018, edition of the CFR. Following 

approval of these revisions into the 

Indiana SIP, unless otherwise indicated, 

any reference within 326 IAC to a 

provision of the CFR shall mean the July 

1, 2018, edition. By updating the 

reference date to July 1, 2018, the 

Indiana SIP will be consistent with 

those regulations that the Federal 

government promulgated between July 

1, 2015, and June 30, 2018. EPA is 

therefore proposing to approve the 

revisions at 326 IAC 1–1–3 into the 

Indiana SIP. 

Indiana’s June 24, 2020, submission 

also includes a summary of several 

changes to the CFR, which upon EPA’s 

approval will be incorporated into the 

Indiana SIP. These include revisions 

applicable to appendix W to 40 CFR 

part 51, which contains updates to the 

Guideline on Air Quality Models 

finalized by EPA on January 17, 2017 

(82 FR 5182). In the context of 

infrastructure SIP requirements for the 

2015 ozone NAAQS, EPA must 

demonstrate that a state provides for the 

performance of air quality modeling as 

prescribed by the Administrator, which 

means the 2017 revision to appendix W. 

If a state’s SIP includes incorporation by 

reference to an outdated version of 

appendix W and the state lacks other 

authority to conduct modeling 

according to the 2017 revision to 

appendix W, EPA cannot approve the 

state’s infrastructure SIP elements at 

section 110(a)(2)(C), ‘‘prong 3’’ of 

section 110(a)(2)(D)(i)(II), section 

110(a)(2)(J), and section 110(a)(2)(K). 

Upon approval into the Indiana SIP of 

the revisions at 326 IAC 1–1–3, the 

Indiana SIP will include incorporation 

by reference of the current 2017 version 

of appendix W. In EPA’s analysis, 

above, of Indiana’s November 2, 2018, 

submittal regarding the infrastructure 

SIP requirements for the 2015 ozone 

NAAQS, EPA has evaluated the Indiana 

SIP together with the revisions at 326 

IAC 1–1–3, which EPA is proposing to 

approve in this rulemaking, and which 

provide IDEM with the authority to 

conduct modeling according to the 2017 

revision to appendix W. 

IV. What action is EPA taking? 

EPA is proposing to approve most 

elements of the November 2, 2018, 

submission from Indiana certifying that 

its current SIP is sufficient to meet the 

required infrastructure elements under 

sections 110(a)(1) and (2) for the 2015 

ozone NAAQS. EPA has proposed 

action in a separate rulemaking on the 

portion of the submission pertaining to 

the interstate transport requirements of 

section 110(a)(2)(D)(i)(I) with respect to 

the 2015 ozone NAAQS. See 87 FR 

9838. EPA is not taking action on the 

visibility protection requirements of 

section 110(a)(2)(D)(i)(II), transport 

prong 4, and will address this 

requirement in a future rulemaking. 

EPA’s proposed actions for the State’s 

satisfaction of infrastructure SIP 

requirements pursuant to section 

110(a)(2) and the NAAQS are contained 

in the table below. 

Element 2015 ozone 

(A)—Emission limits and other control measures ............................................................................................................................... A 

(B)—Ambient air quality monitoring/data system ................................................................................................................................ A 

(C)1—Program for enforcement of control measures ........................................................................................................................ A 

(C)2—PSD ........................................................................................................................................................................................... A 

(D)1—I Prong 1: Interstate transport—significant contribution ........................................................................................................... NA 

(D)2—I Prong 2: Interstate transport—interfere with maintenance .................................................................................................... NA 

(D)3—II Prong 3: Interstate transport—prevention of significant deterioration .................................................................................. A 

(D)4—II Prong 4: Interstate transport—protect visibility ..................................................................................................................... NA 

(D)5—Interstate and international pollution abatement ...................................................................................................................... A 

(E)1—Adequate resources .................................................................................................................................................................. A 

(E)2—State board requirements ......................................................................................................................................................... A 

(F)—Stationary source monitoring system .......................................................................................................................................... A 

(G)—Emergency power ....................................................................................................................................................................... A 


lotter on DSK11XQN23PROD with PROPOSALS1
38702 Federal Register / Vol. 87, No. 124 / Wednesday, June 29, 2022 / Proposed Rules 

Element 2015 ozone 

(H)—Future SIP revisions ................................................................................................................................................................... A 

(I)—Nonattainment planning requirements of part D .......................................................................................................................... * 

(J)1—Consultation with government officials ...................................................................................................................................... A 

(J)2—Public notification ....................................................................................................................................................................... A 

(J)3—PSD ........................................................................................................................................................................................... A 

(J)4—Visibility protection ..................................................................................................................................................................... * 

(K)—Air quality modeling/data ............................................................................................................................................................ A 

(L)—Permitting fees ............................................................................................................................................................................ A 

(M)—Consultation and participation by affected local entities ............................................................................................................ A 

In the above table, the key is as 

follows: 

A ..... Approve. 

NA ... No Action/Separate Rulemaking. 

* ...... Not germane to infrastructure SIPs. 

EPA is also proposing to approve the 

June 24, 2020, submission from Indiana, 

which revises the Indiana SIP by 

incorporating by reference the more 

recent July 1, 2018, edition of the CFR. 

V. Incorporation by Reference 

In this rule, EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 40 CFR 51.5, EPA is 

proposing to incorporate by reference 

Indiana rule 326 IAC 1–1–3, effective 

April 4, 2020, as discussed in Section III 

of this preamble. EPA has made, and 

will continue to make, these documents 

generally available through 

www.regulations.gov and at the EPA 

Region 5 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

VI. 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 Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• 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, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

nitrogen oxides, ozone, Reporting and 

recordkeeping requirements, volatile 

organic compounds. 

Dated: June 21, 2022. 

Debra Shore, 

Regional Administrator, Region 5. 

[FR Doc. 2022–13716 Filed 6–28–22; 8:45 am] 

BILLING CODE 6560–50–P 


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