41376 Federal Register / Vol. 82, No. 168 / Thursday, August 31, 2017 / Proposed Rules 

1 Illinois’ final rule amended other state 

regulations, Parts 214 (Sulfur limitations), and Part 

217(Nitrogen oxide emissions), and other portions 

of Part 225, that are not part of the Illinois SIP, and 

were not submitted to EPA as part of this action. 

Illinois stated in its statement of reasons for the 

final rule that these revisions are proposed to 

control emissions of sulfur dioxide (SO2) in and 

around areas designated as nonattainment with 

respect to the 2010 National Ambient Air Quality 

Standard (NAAQS), and are intended to aid Illinois’ 

attainment planning efforts for the 2010 SO2

NAAQS. 

2 35 IAC 225.230 contains Illinois’ mercury 

emission standards for EGUs, and is not part of the 

federally enforceable SIP. 

C. Section VII—Transition Period for 

Exemption. The date ‘‘January 1, 2018’’ 

would be deleted and ‘‘July 1, 2019’’ 

inserted in its place. Thus, the 

Transition Period identified in Section 

VII(a) would be extended from June 9, 

2017, to July 1, 2019, rather than June 

9, 2017, to January 1, 2018. 

3. Prohibited Transaction Exemption 

84–24 for Certain Transactions 

Involving Insurance Agents and Brokers, 

Pension Consultants, Insurance 

Companies, and Investment Company 

Principal Underwriters, would be 

amended as follows: 

A. The date ‘‘January 1, 2018’’ would 

be deleted where it appears in the 

introductory DATES section and ‘‘July 1, 

2019’’ inserted in its place. 

Signed at Washington, DC, this 28th day of 

August 2017. 

Timothy D. Hauser, 

Deputy Assistant Secretary for Program 

Operations, Employee Benefits Security 

Administration, Department of Labor. 

[FR Doc. 2017–18520 Filed 8–30–17; 8:45 am] 

BILLING CODE 4510–29–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2016–0397; FRL–9967–19– 

Region 5] 

Air Plan Approval; Illinois; Rule Part 

225, Control of Emissions From Large 

Combustion Sources 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a revision to the Illinois state 

implementation plan (SIP) to amend 

requirements applicable to certain coalfired electric generating units (EGUs). 

These amendments require the Will 

County 3 and Joliet 6, 7, and 8 EGUs to 

permanently cease combusting coal; 

allow other subject EGUs to cease 

combusting coal as an alternative means 

of compliance with mercury emission 

standards; exempt the Will County 4 

EGU from sulfur dioxide (SO2) control 

technology requirements; require all 

subject EGUs to comply with a group 

annual nitrogen oxide (NOX) emission 

rate; and require only those subject 

EGUs that combust coal to comply with 

a group annual SO2 emission rate. 

DATES: Comments must be received on 

or before October 2, 2017. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2016–0397 at http://

www.regulations.gov or via email to 

blakley.pamela@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 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Charles Hatten, Environmental 

Engineer, Control Strategy 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 

II. Discussion of the State’s Submittal 

A. Rule Revisions That EPA Is Proposing 

To Approve 

B. Rule Revisions for Which EPA Is Taking 

No Action 

C. Analysis of the State’s Submittal 

III. What action is EPA taking? 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Background 

On June 24, 2011, Illinois EPA 

submitted to EPA state rules to address 

the visibility protection requirements of 

Section 169A of the Clean Air Act 

(CAA) and the regional haze rule, as 

codified in 40 CFR 51.308. This 

submission included the following 

provisions contained in Title 35 of the 

Illinois Administrative Code (IAC), Part 

225 (Part 225): sections 225.291, 

225.292, 225.293, 225.295 and 225.296 

(except for 225.296(d)), and Appendix A 

to Part 225. On July 6, 2012, EPA 

approved these provisions (77 FR 

39943). 

On June 23, 2016, Illinois submitted 

revisions to these rules and on January 

9, 2017, Illinois submitted additional 

information explaining the revisions.1

These rules are known as the 

‘‘Combined Pollutant Standard,’’ and 

are codified at 35 IAC Part 225, Subpart 

B, titled ‘‘Control of Emissions from 

Large Combustion Sources’’ (CPS or Part 

225 rules). The CPS provides certain 

EGUs an alternative means of 

compliance with the mercury emission 

standards in 35 IAC 225.230(a).2 The 

CPS applies to EGUs at six power 

plants, which are identified in 

Appendix A to the CPS. Illinois is 

revising the CPS to address the 

conversion of certain EGUs to fuel other 

than coal. 

II. Discussion of the State’s Submittal 

A. Rule Revisions That EPA Is Proposing 

To Approve 

EPA is proposing to approve the 

following revisions as part of Illinois’ 

SIP: 

Section 225.291 Combined Pollutant 

Standard: Purpose 

SIP Section 225.291 sets forth the 

purpose of the CPS, which is to allow 

an alternate means of compliance with 

the emissions standards for mercury in 

35 IAC 225.230(a) for specified EGUs 

through permanent shutdown, the 

installation of an activated carbon 

injection system, or the application of 

pollution control technology for NOX, 

SO2, and particulate matter (PM) 

emissions that also reduce mercury 

emissions as a co-benefit. 

Illinois revised section 225.291 by 

stating as its purpose the conversion of 

an EGU to a fuel other than coal (such 

as natural gas or distillate fuel oil with 

sulfur content no greater than 15 parts 

per million (ppm)) as an additional 

alternative means of compliance with 

the mercury emission standards under 

the CPS. 


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Federal Register / Vol. 82, No. 168 / Thursday, August 31, 2017 / Proposed Rules 41377 

3According to Illinois, the Joliet 6 EGU was 

incorrectly identified in this section as ‘‘Joliet 5’’ 

because Joliet 6 is powered by ‘‘Boiler 5’’ at the 

facility. Technical Support Document at 11. All 

references to Joliet 6 in this action refer to the Joliet 

5 EGU identified in 35 IAC 225.296(b). 

Section 225.292 Applicability of the 

Combined Pollutant Standard 

SIP Section 225.292 describes the 

applicability of the CPS to the owner or 

operator of EGUs located at the Fisk, 

Crawford, Joliet, Powerton, Waukegan, 

and Will County power plants, which 

are specified in Appendix A of section 

225. This section establishes what 

constitutes ownership of an EGU under 

the CPS, which EGUs may elect to 

comply with the CPS, the process by 

which an owner or operator may elect 

to demonstrate compliance with the 

emission standards for mercury at 35 

IAC 225.230 pursuant to the CPS, and 

compliance deadlines. 

Illinois revised subsection (b) of 

section 225.292 to address EGUs that 

burn fuel other than coal. Illinois 

removed a reference that describes 

specified EGUs as ‘‘coal-fired,’’ and 

added a statement that a ‘‘specified 

EGU’’ is an EGU listed in Appendix A 

of section 225, irrespective of, among 

other things, ‘‘the type of fuel 

combusted (including natural gas or 

distillate fuel oil with sulfur content no 

greater than 15 ppm).’’ Illinois further 

amended subsection (a) of 225.292 by 

adding the word ‘‘the’’ before listing the 

specific power plants to which the CPS 

applies. 

Section 225.293 Combined Pollutant 

Standard: Notice of Intent 

SIP Section 225.293 contains the 

notification requirements for the owner 

or operator of one or more specified 

EGUs who elects to comply with the 

mercury emission standards in 35 IAC 

225.230 by means of the CPS. 

Illinois amended this section by 

adding subsection (d), which establishes 

a notification requirement for owners 

and operators of EGUs listed in 

Appendix A of section 225 who, on or 

after January 1, 2015, change the type of 

primary fuel combusted by the unit or 

the control device or devices installed 

and operating on the unit. Such owners 

and operators must notify Illinois EPA 

of such change by January 1, 2017, or 

within 30 days after the completion of 

such change, whichever is later. 

Section 225.295 Combined Pollutant 

Standard: Emissions Standards for NOX

and SO2

SIP Section 225.295 contains the 

emission standards, reporting 

requirements, and compliance dates for 

NOX and SO2 applicable to the EGUs in 

the CPS group. Of relevance here, 

subsection (a) contains the NOX

emission standards and reporting 

requirements, subsection (b) contains 

the emission standards for SO2, and 

subsection (d) contains requirements for 

determining the CPS group average 

annual SO2 emission rate, annual NOX

emission rate and ozone season NOX

emission rates. 

Illinois amended this section to 

include specified EGUs that burn fuel 

other than coal. Section 225.295(a)(1) 

and (a)(2) was revised to specify that the 

NOX emission rates apply to all EGUs in 

the CPS ‘‘regardless of the type of fuel 

combusted.’’ The NOX emission 

standard for both the CPS group average 

annual and ozone season emission rate 

remains unchanged at 0.11 pounds/ 

million British thermal unit (lbs/ 

mmBtu). 

Illinois further amended Section 

225.295 to specify that the SO2 emission 

standards in subsections (b) only apply 

to those specified EGUs in the CPS 

group that combust coal. 

Finally, Illinois revised Section 

225.295(d) to specify that the 

calculations for determining the group 

annual average SO2 emission rate only 

applies to those specified EGUs that 

combust coal identified in subsection 

(b); and to change the references from 

‘‘tons’’ to ‘‘lbs’’ used in the equations to 

determine compliance with the CPS 

group average annual SO2 emission rate, 

annual NOX emission rate and the ozone 

season NOX emission rate, on a lbs/ 

mmBTU basis. 

Section 225.296 Combined Pollutant 

Standard: Control Technology 

Requirements for NOX, SO2, and PM 

Emissions 

SIP Section 225.296 sets forth control 

technology requirements and 

compliance dates for SO2, NOX, and PM 

emissions for specified EGUs under the 

CPS. It also contains certain exemptions 

from compliance. 

Illinois amended section 225.296(b)— 

‘‘Other Control Technology 

Requirements for SO2,’’ to require that 

Will County 3 stop combusting coal on 

and after April 16, 2016, and Joliet 6, 7, 

and 8 stop combusting coal on and after 

December 31, 2016. Additionally, 

Illinois added to the requirements for 

the owners or operators of the other 

specified EGUs in Appendix A of 

section 225 the option to permanently 

cease combusting coal in addition to 

permanent shutdown or installation of 

fluidized gas desulfurization (FGD) 

equipment on or before December 18, 

2018, unless an earlier date applies. 

Illinois further exempts Will County 4 

from compliance with this section 

instead of Joliet 6.3

Illinois further amended section 

225.296(c)—‘‘Control Technology 

Requirements for PM’’ to remove Will 

County 3 from the compliance 

requirements for PM in this section, 

which requires the owner or operator to 

make certain changes to the electrostatic precipitator or permanently shut 

down the EGU by the date specified in 

this section. Section 225.296(c) now 

only applies to Waukegan 7, which was 

required to be in compliance with this 

section on or before December 31, 2013. 

Section 225 Appendix A: Specified 

EGUs for Purposes of the Combined 

Pollutant Standard 

Appendix A of SIP Section 225 

identifies the EGUs that are subject to 

the CPS. Illinois revised this section by 

removing references to ‘‘Midwest 

Generation,’’ and leaving the names of 

the city of the plants and the 

identification of the EGUs. This 

administrative change will eliminate the 

need for revisions to this section should 

there be future changes in ownership of 

the EGUs in Appendix A. 

B. Rule Revisions for Which EPA Is 

Taking No Action 

Illinois’ final rule also amended 35 

IAC Part 214 (Sulfur Limitations), Part 

217 (Nitrogen Oxides Emissions), and 

other portions of Part 225 that are not 

part of Illinois’ SIP and for which EPA 

is taking no action. 

Most relevant to this action, Illinois 

amended section 225.295, ‘‘Emission 

Standards for NOX and SO2’’ (discussed 

above) by adding subsection (a)(4). New 

subsection (a)(4) states, ‘‘the specified 

EGUs are not subject to the 

requirements set forth in 35 Ill. Adm. 

Code 217, Subpart M, including without 

limitation the NOX emission standards 

set forth in 35 Ill. Adm. Code 217.344.’’ 

EPA is taking no action on this 

amendment because the requirements of 

35 Ill. Adm. Code 217, Subpart M, are 

not approved as part of the Illinois SIP, 

and Illinois EPA has not submitted the 

requirements for approval. Therefore, 

EPA is taking no action with respect to 

35 IAC 225.295(a)(4). 

C. Analysis of the State’s Submittal 

EPA is proposing to approve the 

revisions discussed above because the 

revisions meet all applicable 

requirements under the CAA, consistent 

with section 110(k)(3) of the CAA and 

the regional haze rule. Furthermore, the 

revisions do not interfere with any 

applicable requirement concerning 


nlaroche on DSKBBV9HB2PROD with PROPOSALS
41378 Federal Register / Vol. 82, No. 168 / Thursday, August 31, 2017 / Proposed Rules 

4The SO2 emissions reductions from the 

cessation of coal combustion from Will County 3 

and Joliet 6, 7, and 8 will occur at least two years 

earlier than any SO2 emission reductions from the 

installation of FGD equipment on or before 

December 31, 2018 under the CPS. 

attainment and reasonable further 

progress or any other applicable CAA 

requirement, consistent with section 

110(l) of the CAA. 

1. The Revisions Do Not Interfere With 

Illinois’ Regional Haze SIP Rules 

The proposed SIP revisions do not 

interfere with Illinois’ regional haze SIP 

rules. Illinois relied on emission 

reductions of NOX and SO2 achieved 

through implementation of the CPS in 

its SIP submittal to EPA for the regional 

haze SIP rules. Illinois has shown that 

the proposed SIP revisions will result in 

significant reductions of emissions of 

SO2, and no change or potential 

reductions in emissions of NOX. 

Additionally, although Illinois did not 

rely on emission reductions of PM in its 

regional haze SIP submittal, Illinois has 

shown that the proposed SIP 

amendments should result in reductions 

of PM emissions. 

First, Illinois has shown that the 

amendments to the CPS will result in 

significantly lower emissions of SO2

from the converted EGUs. EGUs that 

combust natural gas emit trace amounts 

of SO2. Using EPA’s Air Markets 

Program Division Data, Illinois has 

estimated that the amendments will 

result in reductions of more than 6,000 

tons of SO2 annually in 2017, and more 

than 4,500 tons of SO2 annually in 2019 

and subsequent years, beyond what 

would occur under the original CPS 

emission standards. Illinois assumed 

that the EGUs will continue to operate 

with the same heat input after their 

conversion. Illinois believes that this is 

a conservative estimate of emissions 

because the converted EGUs will likely 

not be operating as frequently and the 

heat inputs should lower, which would 

also result in lower emissions. See 

Section 3.3 of Illinois EPA’s Technical 

Support Document for Proposed Rule 

Revisions Necessary to Demonstrate 

Attainment of the One-Hour NAAQS for 

Oxides of Sulfur (TSD). 

In addition, by applying the SO2

group annual emission rates to only 

those EGUs that combust coal, the SO2

emission rates will effectively become 

more stringent. This is because there 

will be fewer EGUs to average after the 

four EGUs under the CPS are required 

to cease combusting coal. The SO2

group annual average emission limits in 

35 IAC 225.295(b) have not changed and 

are 0.15 lbs/mmBtu in 2017, 0.13 lbs/ 

mmBtu in 2018, and 0.11 lbs/mmBtu in 

2019 and beyond. 

Second, Illinois has shown that the 

amendments to the CPS will, at worst, 

result in no change in emissions of NOX

and will likely result in reductions of 

this pollutant. The NOX emission 

standard for both the CPS group average 

annual and ozone season emission rates 

remain unchanged at 0.11 lbs/mmBtu. 

The most conservative analysis, under 

which heat inputs at converted EGUs 

remain the same, would result in no 

change in NOX emissions because the 

same EGUs will continue to be subject 

to the group wide average NOX emission 

rate. However, Illinois believes it is 

likely that there will be a considerable 

decline in utilization of and heat input 

at the converted EGUs, which would 

likely result in NOX emission reductions 

because the group wide average limit is 

on a lbs/mmBtu basis. See Section 3.4 

of the TSD. 

Illinois has further illustrated that 

there should be no change in NOX

emissions by referring to the ‘‘Technical 

Support Document for Best Available 

Retrofit Technology’’ (BART TSD) that 

was included as Attachment 2 to 

Illinois’ original Regional Haze SIP 

submittal. The BART TSD shows that 

only the group-wide average of 0.11 lbs/ 

mmBTU was used to estimate future 

emissions for the Illinois regional haze 

SIP rules. While several EGUs have 

since been retired, and a number of 

them have converted to firing natural 

gas, the group-wide average continues to 

apply to all EGUs, and shows that the 

NOX emission reductions will remain 

the same. 

Third, while Illinois did not rely on 

emission reductions of PM from the 

EGU sector in its initial regional haze 

SIP submittal, it has shown that 

amendments to the CPS should result in 

an overall reduction in PM emissions. 

The amendments require Joliet 6, 7, and 

8 (approximately 66 million mmBtu) 

and Will County 3 (approximately 16 

million mmBtu) to permanently cease 

combusting coal. All of these EGUs were 

permitted to emit PM at a rate of 0.10 

lbs/mmBtu. These units will either be 

shutting down or converting to natural 

gas combustion. The AP–42 emission 

factor for PM emissions from natural gas 

combustion is approximately 0.0075 

lbs/mmBtu. This would result in a 

92.5% reduction in PM emissions from 

the Joliet EGUs from their previous 

allowable emission rates when they are 

operating, and does not include any 

reductions from reduced operating time 

that Illinois anticipates will occur after 

conversion. 

Fourth, Illinois has shown that the 

‘‘transfer’’ of the exemption from 

complying with SO2 control technology 

requirements to Will County 4 unit from 

Joliet 6 do not affect the regional Haze 

rules. Previously, 35 IAC 225.296(b) 

required Will County 4 to either 

permanently shut down or install FGD 

equipment to control SO2 on or before 

December 31, 2018.4 Illinois exempts 

Will County 4 from this requirement. 

However, Will County 4 remains subject 

to the 0.10 lbs/mmBtu PM emission 

rate, and the group wide SO2 and NOX

emission standards under the CPS. 

Additionally, this transfer does not alter 

the emission standards for SO2 and NOX

that were relied upon in approving 

Illinois’ regional haze rules. The intent 

of the regional haze program is 

mitigation of visibility impairment at 

specified national parks and wilderness 

areas, known as ‘‘Class I areas’’ under 

the CAA. Illinois does not have any 

Class I areas within the state, the nearest 

being either in southwestern Missouri or 

northern Michigan. See 77 FR 3966, 

3967 (January 12, 2012). The 

redistribution of emission reductions 

from Joliet 6 to Will County 4, 

particularly as accompanied by 

substantial emission reductions at other 

converted EGUs, should result in equal 

if not more reasonable progress toward 

achieving natural visibility conditions 

in Class I areas under Illinois’ regional 

haze rules, given the net overall 

reduction in emissions. 

Therefore, these revisions do not alter 

the EGU group-wide emission standards 

for SO2 and NOX that were relied upon 

in approving Illinois’ regional haze 

rules. The only exception to this is the 

removal of non-coal fired EGUs from 

SO2 emissions averaging, which should 

result in significant reductions of SO2

emissions from the CPS group of EGUs. 

2. The Revisions Do Not Interfere With 

Any Applicable CAA Requirement 

Under Section 110(l) of the CAA 

Under Section 110(l) of the CAA, EPA 

shall not approve a SIP revision if it 

would interfere with any applicable 

requirement concerning attainment and 

reasonable further progress (as defined 

in section 171 of the CAA) or any other 

applicable requirement of the CAA. The 

proposed SIP revisions would not 

interfere with any applicable CAA 

requirements based on technical 

analysis submitted by Illinois EPA. 

Illinois made these revisions to aid in 

attainment planning efforts for the 2010 

SO2 NAAQS for the Lemont 

nonattainment area. See 78 FR 47191, 

47192 (Aug. 5, 2013). As discussed 

above, Illinois has shown that the 

revisions will result in reduction of SO2

and PM emissions, and no change or a 

reduction in NOX emissions, which are 

the pollutants of concern. See TSD. 


nlaroche on DSKBBV9HB2PROD with PROPOSALS
Federal Register / Vol. 82, No. 168 / Thursday, August 31, 2017 / Proposed Rules 41379 

Furthermore, the emission standards 

under the CPS, which are based on 

group averaging, remain unchanged, 

except that the averaging method for 

determining compliance with the SO2

emission standard will become more 

stringent, because the averaging will 

exclude natural gas units. 

Therefore, the proposed revisions to 

CPS in Part 225 are approvable under 

Section 110(l) because: (1) There are no 

proposed changes to any SIP emission 

limits, except to make the SO2 limit 

more stringent; (2) the conversion of the 

EGUs from coal to natural gas will result 

in a significant decrease in emissions of 

SO2, no increase in emissions of NOX, 

and reductions in emissions of PM; and 

(3) the changes are consistent with 

Illinois’ long-term strategy for making 

reasonable progress toward meeting the 

visibility goals of Section 169A of the 

CAA contained in the state’s regional 

haze rules. 

III. What action is EPA taking? 

EPA is proposing to approve the 

revisions to the Illinois air pollution 

control rules at 35 IAC Part 225, 

specifically, sections 225.291, 225.292, 

225.293, 225.295 (except for 

225.295(a)(4)), and 225.296 (except for 

225.296(d)) and 225.Appendix A. 

Illinois EPA submitted the revisions to 

Part 225 on June 23, 2016, and 

submitted supplemental information on 

January 9, 2017. 

Illinois’ final rule also included 

revisions to Parts 214 (Sulfur 

limitations) and 217 (Nitrogen oxide 

emissions), and other sections of the 

Part 225 rules. EPA is not taking any 

action on those revisions, and, as noted 

above, Illinois’ addition of 35 IAC 

225.295(a)(4). 

IV. 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 1 CFR 51.5, EPA is 

proposing to incorporate by reference 

revisions to Title 35 of Illinois 

Administrative Code Rule Part 225— 

Control of Emissions from Large 

Combustion Sources, sections 225.291, 

225.292, 225.293, 225.295 (except for 

225.295(a)(4)), and 225.296 (except for 

225.296(d)) and 225.Appendix A, 

effective December 7, 2015. EPA has 

made, and will continue to make, these 

documents generally available through 

www.regulations.gov and/or at the EPA 

Region 5 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

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 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 (Public Law 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, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides. 

Dated: August 21, 2017. 

Robert A. Kaplan, 

Acting Regional Administrator, Region 5. 

[FR Doc. 2017–18502 Filed 8–30–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2016–0343; FRL–9967–18– 

Region 5] 

Air Plan Approval; Indiana; 

Infrastructure SIP Requirements for 

the 2012 PM2.5 NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

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 2012 fine particulate matter 

(PM2.5) 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. 

DATES: Comments must be received on 

or before October 2, 2017. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2016–0343 at http://

www.regulations.gov, or via email to 

aburano.douglas@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 

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