[Federal Register Volume 79, Number 66 (Monday, April 7, 2014)]
[Rules and Regulations]
[Pages 18999-19001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-07564]



40 CFR Part 52

[EPA-R05-OAR-2009-0805; FRL-9908-70-Region 5]

Approval of Air Quality Implementation Plans; Indiana; Ohio; 
``Infrastructure'' SIP State Board Requirements for the 2006 24-Hour 

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.


SUMMARY: Pursuant to its authority under the Clean Air Act (CAA), the 
Environmental Protection Agency (EPA) is taking final action to approve 
elements of state implementation plan (SIP) submissions by the Indiana 
Department of Environmental Management (IDEM) and the Ohio 
Environmental Protection Agency (Ohio EPA) to address the section 110 
requirements of the CAA for the 2006 24-hour fine particle National 
Ambient Air Quality Standards (2006 PM2.5 NAAQS). The SIPs 
under section 110 of the CAA are often referred to as the 
``infrastructure'' SIP, and specifically we are finalizing approval of 
portions of these states' submissions intended to meet the applicable 
state board requirements obligated by section 128 of the CAA. The 
proposed rule associated with this final action was published on 
February 7, 2014, and we received no comments.

DATES: This final rule is effective on May 7, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2009-0805. 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., Confidential Business 
Information or other information whose disclosure is restricted by 
statute. Certain other material, such as copyrighted material, will be 
publicly-available only in hard copy. Publicly-available docket 
materials are available either electronically in www.regulations.gov or 
in hard copy at the U.S. 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 Andy Chang at (312) 886-0258 before visiting the Region 5 

FOR FURTHER INFORMATION CONTACT: Andy Chang, Environmental Engineer, 
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 886-0258, [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. What is the background for this action?
II. What action is EPA taking?
III. Statutory and Executive Order Reviews

I. What is the background for this action?

    Under sections 110(a)(1) and (2) of the CAA, and implementing EPA 
policy, states are required to submit to EPA infrastructure SIPs to 
ensure that their SIPs provide for implementation, maintenance, and 
enforcement of the NAAQS, including the 2006 PM2.5 NAAQS. 
These submissions must contain any revisions needed for meeting the 
applicable SIP requirements of section 110(a)(2), or certifications 
that their existing SIPs already met those requirements.
    EPA highlighted this statutory requirement in an October 2, 2007, 
guidance document entitled ``Guidance on SIP Elements Required Under 
Sections 110(a)(1) and (2) for the 1997 8-hour Ozone and 
PM2.5 National Ambient Air Quality Standards'' (2007 Memo). 
On September 25, 2009, EPA issued additional guidance pertaining to the 
2006 PM2.5 NAAQS entitled ``Guidance on SIP Elements 
Required Under Sections 110(a)(1) and (2) for the 2006 24-Hour Fine 
Particle (PM2.5) National Ambient Air Quality Standards 
(NAAQS)'' (2009 Memo).
    On October 29, 2012, EPA finalized its approval of the majority of 
the infrastructure SIP elements for Indiana and Ohio with respect to 
the 2006 PM2.5 NAAQS (see 77 FR 65478). However, we took no 
action on the state board requirements of section 110(a)(2)(E)(ii); 
instead, we committed to address compliance with these requirements at 
a later time (see 77 FR 65478 at 75480). EPA's February 7, 2014, 
proposed rulemaking and today's final action fulfill that commitment.
    To assist states with addressing the state board requirements of 
section 110(a)(2)(E)(ii), EPA issued ``Guidance on Infrastructure SIP 
Elements Required

[[Page 19000]]

Under Sections 110(a)(1) and (2) for the 2008 Lead (Pb) National 
Ambient Air Quality Standards (NAAQS)'' (2011 Memo) and most recently, 
``Guidance on Infrastructure SIP Elements Under Clean Air Act Sections 
110(a)(1) and 110(a)(2)'' (2013 Memo). Notably, the 2013 Memo specifies 
that the state board requirements are not NAAQS specific, i.e., the 
requirements are identical for each NAAQS. EPA's February 7, 2014, 
proposed rulemaking (see 79 FR 7410) detailed how Indiana and Ohio have 
met the applicable requirements of section 110(a)(2)(E)(ii), and no 
comments were received regarding the proposal to approve these states' 
satisfaction of those requirements.

II. What action is EPA taking?

    For the reasons discussed in our February 7, 2014, proposed 
rulemaking, EPA is taking final action to approve submissions from IDEM 
and Ohio as meeting the state board requirements under section 
110(a)(2)(E)(ii) for the 2006 PM2.5 NAAQS. To reiterate, 
this action does not extend to any other NAAQS, nor does it extend to 
any other element under section 110(a)(1) and (2) for the 2006 

III. 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 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, 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. 
    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 June 6, 2014. 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, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: March 17, 2014.
Susan Hedman,
Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:


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

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

2. In Sec.  52.770 the table in paragraph (e) is amended by revising 
the entry for ``Section 110(a)(2) Infrastructure Requirements for the 
2006 24-Hour PM2.5 NAAQS''.
    The revised text reads as follows:

Sec.  52.770  Identification of plan.

* * * * *
    (e) * * *

[[Page 19001]]

                       EPA-Approved Indiana Nonregulatory and Quasi-Regulatory Provisions
                 Title                   Indiana date          EPA Approval                 Explanation
                                                  * * * * * * *
Section 110(a)(2) Infrastructure           10/20/2009,  7/10/2013, 78 FR 41311...  This action addresses the
 Requirements for the 2006 24-Hour          6/25/2012,                              following CAA elements:
 PM2.5 NAAQS.                                7/12/2012                              110(a)(2)(A), (B), (C),
                                                                                    (D)(i)(II), (D)(ii), (E),
                                                                                    (F), (G), (H), (J), (K),
                                                                                    (L), and (M). We are
                                                                                    finalizing approval of the
                                                                                    PSD source impact analysis
                                                                                    requirements of section
                                                                                    110(a)(2)(C), (D)(i)(II),
                                                                                    and (J), but are not
                                                                                    finalizing action on the
                                                                                    visibility protection
                                                                                    requirements of (D)(i)(II),
                                                                                    and the state board
                                                                                    requirements of (E)(ii). We
                                                                                    will address these
                                                                                    requirements in a separate
                                             5/22/2013  4/7/2014, [INSERT PAGE     This action addresses the
                                                         NUMBER WHERE THE           following CAA elements:
                                                         DOCUMENT BEGINS].          State board requirements of
                                                                                    section 110(a)(2)(E)(ii).
                                                  * * * * * * *

3. Section 52.1891 is amended by adding paragraph (d) to read as 

Sec.  52.1891  Section 110(a)(2) infrastructure requirements.

* * * * *
    (d) Approval--In a June 7, 2013, submission, Ohio certified that 
the state has satisfied the infrastructure SIP requirements of section 
110(a)(2)(E)(ii) for the 2006 24-hour PM2.5 NAAQS.

[FR Doc. 2014-07564 Filed 4-4-14; 8:45 am]