[Federal Register Volume 78, Number 93 (Tuesday, May 14, 2013)]
[Rules and Regulations]
[Pages 28143-28146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-11296]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2011-0406; EPA-R05-OAR-2013-0083; FRL-9811-6]
Approval and Promulgation of Air Quality Implementation Plans;
Indiana; Sulfur Dioxide and Nitrogen Dioxide Ambient Air Quality
Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving a request submitted by the Indiana Department
of Environmental Management (IDEM) on April 15, 2011, and supplemented
on January 30, 2013, to revise the Indiana state implementation plan
(SIP) for nitrogen dioxide (NO2) and sulfur dioxide
(SO2) under the Clean Air Act (CAA). This submittal consists
of revisions to the Indiana Administrative Code (IAC) that amend the
national ambient air quality standards (NAAQS) for NO2 and
SO2 to be consistent with the NAAQS that EPA promulgated in
2010.
DATES: This direct final rule will be effective July 15, 2013, unless
EPA receives adverse comments by June 13, 2013. If adverse comments are
received, EPA will publish a timely withdrawal of the direct final rule
in the Federal Register informing the public that the rule will not
take effect.
ADDRESSES: Submit your comments, identified by Docket ID Nos. EPA-R05-
OAR-2011-0406, EPA-R05-OAR-2013-0083 by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: [email protected].
3. Fax: (312) 692-2450.
4. Mail: Pamela Blakley, Chief, Control Strategies Section, (AR-
18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard,
Chicago, Illinois 60604.
5. Hand Delivery: Pamela Blakley, Chief, Control Strategies Section
(AR-18J), U.S. Environmental Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604. Such deliveries are only accepted
during the Regional Office normal hours of operation, and special
arrangements should be made for deliveries of boxed information. The
Regional Office official hours of business are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding Federal holidays.
Instructions: Direct your comments to Docket ID Nos. EPA-R05-OAR-
2011-0406, EPA-R05-OAR-2013-0083. EPA's policy is that all comments
received will be included in the public docket without change and may
be made available online at www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through
www.regulations.gov or email. The www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to EPA without
going through www.regulations.gov your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
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whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Environmental Protection
Agency, Region 5, Air and Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays.
We recommend that you telephone Charles Hatten, Environmental Engineer,
at (312) 886-6031 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Charles Hatten, Environmental
Engineer, Control Strategies Section, Air Programs Branch (AR-18J),
U.S. Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-6031,
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. Background
A. When and why did the State make this submittal?
B. Did the State hold public hearings for this SIP revision?
II. How were the NO2 and SO2 NAAQS revised by
EPA?
III. What are the revisions that the State requested?
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews
I. Background
A. When and why did the State make this submittal?
Indiana's April 15, 2011, submittal, supplemented on January 30,
2013, revises its existing IAC to be consistent with the Federal
primary and secondary NAAQS for NO2, and SO2,
which were published in the Federal Register, respectively, on February
9, 2010, (75 FR 6474) and June 22, 2010, (75 FR 35520) and codified in
40 CFR part 50. At the state level, these provisions became effective
on January 16, 2013.
B. Did the State hold public hearings for this SIP revision?
Public hearings for the NO2, and SO2 NAAQS
revision were held on December 10, 2010, and November 7, 2012. No
comments were received at these hearings.
II. How were the NO2 and SO2 NAAQS revised by
EPA?
Nitrogen Dioxide (NO2)
On February 9, 2010, revisions to the NO2 NAAQS were
published in the Federal Register (73 FR 6474) and codified at 40 CFR
50.11. EPA strengthened the primary (health-based) NO2 NAAQS
by adding a 1-hour NO2 standard of 100 parts per billion
(ppb) and retaining the annual average of 53 ppb. This new standard is
achieved when the 3-year average of the annual 98th percentile of the
daily maximum 1-hour average concentration is less than or equal to 100
ppb, as determined in accordance with 40 CFR part 50, appendix S. Under
40 CFR 50.11(d), ambient NO2 concentrations are to be
measured by either: (1) A Federal reference method based on appendix F
to 40 CFR part 50; or (2) by a Federal equivalent method designated in
accordance with 40 CFR part 53. In addition, under 40 CFR 50.11(f),
determinations as to whether the NO2 standards have been met
are to be made in accordance with the data handling conventions and
computations in 40 CFR part 50, appendix S, ``Interpretation of the
Primary National Ambient Air Quality Standards for Oxides of Nitrogen
(NO2).''
Sulfur dioxide (SO2)
On June 22, 2010, revisions to the SO2 NAAQS were
published in the Federal Register (73 FR 35520) and codified at 40 CFR
50.17. EPA strengthened the primary (health-based) SO2 NAAQS
by adding a 1-hour SO2 standard at 75 ppb to reduce exposure
to high short-term (five minutes to 24 hours) concentrations of
SO2. EPA revoked the two existing primary standards of 140
ppb averaged over a 24-hour period, and 30 ppb averaged over a year
after determining that they did not provide any health benefits in
addition to those provided by the 1-hour standard of 75 ppb. The 1-hour
standard is achieved when the 3-year average of the 99th percentile of
the annual distribution of the daily maximum 1-hour average
concentrations is less than or equal to the 75 ppb, as determined in
accordance with 40 CFR part 50, appendix T (Interpretation of the
Primary National Ambient Air Quality Standards for Oxides of Sulfur, as
SO2). Under 40 CFR 50.17, ambient SO2
concentrations are to be measured by either: (1) A Federal reference
method based on appendix A-1 or appendix A-2 (Measurement Principle and
Calibration Procedure for the Measurement of Sulfur Dioxide in the
Atmosphere) to 40 CFR part 50; or (2) an equivalent method designated
by EPA in accordance with 40 CFR part 53.
III. What are the revisions that the State requested?
The State has requested that EPA approve the following SIP revision
to reflect EPA's revised primary and secondary SO2 and
NO2 NAAQS:
A. Rule 326 IAC 1-3-4(b)(1), Ambient air quality standards for
``Sulfur oxides as (SO2).'' The revisions IDEM made are
consistent with the provisions contained in 40 CFR 50.17. IDEM
updated 326 IAC 1-3-4(b)(1)(A) to contain the revised primary NAAQS
for SO2, and deleted language that referenced standards
EPA revoked, as well as outdated Federal Register citations and test
methods for the primary NAAQS for SO2. IDEM also amended
326 IAC 1-3-4(b)(1)(B), making it consistent with the provisions in
40 CFR 50.5(a) through (c), thereby, updating its reference to the
procedures to determine compliance with the secondary NAAQS for
SO2. EPA finds the revision approvable.
Rule 326 IAC 1-3-4(b)(5), Ambient air quality standards for ``Nitrogen
dioxide (NO2).'' The revisions IDEM made are consistent with
the provisions contained in 40 CFR 50.11. IDEM made corrections to 326
IAC 1-3-4(b)(5)(A) to add the revised primary NAAQS in the rule for
NO2, and 326 IAC 1-3-4(b)(5)(B) to delete language including
references to outdated Federal Register citations and test methods for
the primary ambient air quality standards for NO2. IDEM also
amended 326 IAC 1-3-4(b)(5)(C), making it consistent with the
provisions in 40 CFR 50.11 (b) through (g), thereby, updating its
reference to the procedures to determine compliance with the secondary
NAAQS for NO2. EPA finds the revision approvable.
IV. What action is EPA taking?
EPA is approving revisions to the Indiana SIP to amend and update
326 IAC 1-3-4 to include the NAAQS for NO2 and
SO2, as codified at 40 CFR part 50.
We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the state plan if relevant adverse
written comments are filed. This rule will be effective July 15, 2013
without further notice unless we receive relevant adverse written
comments by June 13, 2013. If we receive such comments, we will
withdraw this action before the effective date by publishing a
subsequent document that will withdraw the final action. All public
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comments received will then be addressed in a subsequent final rule
based on the proposed action. EPA will not institute a second comment
period; therefore, any parties interested in commenting on this action
should do so at this time. If we do not receive any comments, this
action will be effective July 15, 2013.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have Tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on Tribal governments or preempt Tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by July 15, 2013. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the Proposed Rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Lead, Reporting and recordkeeping requirements.
Dated: April 29, 2013.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. In Sec. 52.770 the table in paragraph (c) is amended by revising
the entry for ``1-3-4'' to read as follows:
Sec. 52.770 Identification of plan.
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(c) * * *
EPA-Approved Indiana Regulations
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Indiana
Indiana citation Subject effective EPA approval date Notes
date
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* * * * * * *
1-3-4............................ Ambient air quality 1/16/2013 5/14/2013, [INSERT ....................
standards. PAGE NUMBER WHERE
THE DOCUMENT
BEGINS].
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[FR Doc. 2013-11296 Filed 5-13-13; 8:45 am]
BILLING CODE 6560-50-P