80 FR 13493 - Approval and Promulgation of Air Quality Implementation Plans; Indiana; Minor NSR for Title V and FESOP Sources
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 50 (March 16, 2015)
Federal Register Volume 80, Issue 50 (March 16, 2015)
| Page Range | 13493-13495 | |
| FR Document | 2015-05838 |
[Federal Register Volume 80, Number 50 (Monday, March 16, 2015)] [Rules and Regulations] [Pages 13493-13495] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-05838] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2013-0780; FRL-9924-22-Region 5] Approval and Promulgation of Air Quality Implementation Plans; Indiana; Minor NSR for Title V and FESOP Sources AGENCY: Environmental Protection Agency. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving revisions to Indiana's minor new source review (NSR) construction permit rule. The rule applies to construction of new units or modifications of existing units at sources subject to title V and Federally enforceable state operating permit requirements. This rule replaces the previous state implementation plan (SIP) minor source construction permit rule for Indiana. DATES: This final rule is effective on April 15, 2015. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R05-OAR-2013-0780. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through 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 Sam Portanova, Environmental Engineer, at (312) 886-3189 before visiting the Region 5 office. FOR FURTHER INFORMATION CONTACT: Sam Portanova, Environmental Engineer, Air Permits Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-3189, [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 being addressed in this document? II. What comments did EPA receive? III. Technical Corrections to the State Rule IV. What action is EPA taking? V. Incorporation by Reference VI. Statutory and Executive Order Reviews I. What is being addressed in this document? On November 7, 2013, the Indiana Department of Environmental Management (IDEM) submitted a SIP revision request to EPA for minor NSR construction permit rules. EPA last approved Indiana's minor construction permit rule (326 IAC 2-1) on October 7, 1994 (59 FR 51108). In this action, EPA is approving amendments to 326 IAC 2-7- 10.5(a), (c) through (j), (l), and (m), and to 326 IAC 2-8-11.1 as revisions to Indiana's SIP. These provisions do not apply to permitting actions that trigger major prevention of significant deterioration (PSD) or nonattainment NSR requirements. 326 IAC 2-7-10.5 and 326 IAC 2-8-11.1 replace 326 IAC 2-1, which has been repealed in the state rules, as the minor NSR construction permit rules in the Indiana SIP. EPA proposed approval of these rules on January 5, 2015 (80 FR 201). EPA previously approved 326 IAC 2-7-10.5(b) and (k) on January 17, 2014 (79 FR 3120). II. What comments did EPA receive? The public comment period on the proposed approval of Indiana's SIP revision ended on February 4, 2015. EPA did not receive any comments on the proposed approval of this SIP revision. III. Technical Corrections to the State Rule On January 26, 2015, IDEM submitted revisions to 326 IAC 2-7- 10.5(f)(2)(C) and 326 IAC 2-8-11.1(d)(4) that contained typographical corrections to the original rules. These corrections were published in the Indiana Register on December 25, 2013, and were effective January 11, 2014. The revision to 326 IAC 2-7-10.5(f)(2)(C) corrects grammatical errors and the revision to 326 IAC 2-8-11.1(d)(4) corrects a citation error. The revisions do not affect the requirements or substance of this rule. IV. What action is EPA taking? EPA is approving Indiana's minor source construction permit rule in 326 IAC 2-7-10.5(a), (c) through (j), (l), and (m), and 326 IAC 2-8- 11.1. EPA has determined that the emission thresholds and permitting requirements discussed [[Page 13494]] above satisfy the requirements of 40 CFR 51.160 and 51.161. EPA is not taking action on 326 IAC 2-7-10.5(b) and (k) because these portions of the state's rule have already been approved into Indiana's SIP. V. Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of the Indiana Regulations described in the amendments to 40 CFR part 52 set forth below. EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). VI. Statutory and Executive Order Reviews Under the Clean Air Act (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). 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 May 15, 2015. 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. 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, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: February 27, 2015. 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: 0 a. Revising the entry in ``Article 2. Permit Review Rules'', ``Rule 7. Part 70 Permit Program'' for 2-7-10.5 ``Part 70 permits; source modifications''; and 0 b. Revising the entry in ``Article 2. Permit Review Rules'', ``Rule 8. Federally Enforceable State Operating Permit Program'' for 2-8-11.1 ``Permit revisions''. The revisions read as follows: Sec. 52.770 Identification of plan. * * * * * (c) * * * EPA-Approved Indiana Regulations ---------------------------------------------------------------------------------------------------------------- Indiana Indiana citation Subject effective EPA approval date Notes date ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Article 2. Permit Review Rules ---------------------------------------------------------------------------------------------------------------- [[Page 13495]] * * * * * * * ---------------------------------------------------------------------------------------------------------------- Rule 7. Part 70 Permit Program ---------------------------------------------------------------------------------------------------------------- 2-7-10.5................ Part 70 permits; 10/26/2013 3/16/2015 [insert Indiana made source modifications. Federal Register typographical citation]. corrections to (f)(2)(C) on 1/11/ 2014. ---------------------------------------------------------------------------------------------------------------- Rule 8. Federally Enforceable State Operating Permit Program ---------------------------------------------------------------------------------------------------------------- * * * * * * * 2-8-11.1................ Permit revisions...... 10/26/2013 3/16/2015 [insert Indiana made Federal Register typographical citation]. corrections to (d)(4) on 1/11/2014. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2015-05838 Filed 3-13-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 13493
Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– ENVIRONMENTAL PROTECTION EPA. This supplementary information
307; 18 U.S.C. 1692–1737; 39 U.S.C. 101, AGENCY section is arranged as follows:
401, 403, 404, 407, 414, 416, 3001–3011,
I. What is being addressed in this document?
3201–3219, 3403–3406, 3621, 3622, 3626, 40 CFR Part 52 II. What comments did EPA receive?
3632, 3633, and 5001. III. Technical Corrections to the State Rule
[EPA–R05–OAR–2013–0780; FRL–9924–22–
Region 5] IV. What action is EPA taking?
■ 2. Amend § 20.1 by revising paragraph V. Incorporation by Reference
(a) and, in paragraph (b), revising the VI. Statutory and Executive Order Reviews
Approval and Promulgation of Air
table headings and adding a new entry Quality Implementation Plans; Indiana;
at the end of the table to read as follows: I. What is being addressed in this
Minor NSR for Title V and FESOP document?
§ 20.1 International Mail Manual; Sources
On November 7, 2013, the Indiana
incorporation by reference. AGENCY: Environmental Protection Department of Environmental
(a) Section 552(a) of title 5, U.S.C., Agency. Management (IDEM) submitted a SIP
relating to the public information ACTION: Final rule. revision request to EPA for minor NSR
requirements of the Administrative construction permit rules. EPA last
SUMMARY: The Environmental Protection approved Indiana’s minor construction
Procedure Act, provides in pertinent
Agency (EPA) is approving revisions to permit rule (326 IAC 2–1) on October 7,
part that matter reasonably available to Indiana’s minor new source review
the class of persons affected thereby is 1994 (59 FR 51108). In this action, EPA
(NSR) construction permit rule. The rule is approving amendments to 326 IAC 2–
deemed published in the Federal applies to construction of new units or
Register when incorporated by reference 7–10.5(a), (c) through (j), (l), and (m),
modifications of existing units at and to 326 IAC 2–8–11.1 as revisions to
therein with the approval of the Director sources subject to title V and Federally Indiana’s SIP. These provisions do not
of the Federal Register. In conformity enforceable state operating permit apply to permitting actions that trigger
with that provision and 39 U.S.C. requirements. This rule replaces the major prevention of significant
410(b)(1), and as provided in this part, previous state implementation plan deterioration (PSD) or nonattainment
the Postal Service hereby incorporates (SIP) minor source construction permit NSR requirements. 326 IAC 2–7–10.5
by reference its Mailing Standards of the rule for Indiana. and 326 IAC 2–8–11.1 replace 326 IAC
United States Postal Service, DATES: This final rule is effective on 2–1, which has been repealed in the
International Mail Manual (IMM or April 15, 2015. state rules, as the minor NSR
International Mail Manual), issued ADDRESSES: EPA has established a construction permit rules in the Indiana
January 26, 2015. The Director of the docket for this action under Docket ID SIP. EPA proposed approval of these
Federal Register approves this No. EPA–R05–OAR–2013–0780. All rules on January 5, 2015 (80 FR 201).
incorporation by reference in documents in the docket are listed on EPA previously approved 326 IAC 2–7–
accordance with 5 U.S.C. 552(a) and 1 the www.regulations.gov Web site. 10.5(b) and (k) on January 17, 2014 (79
CFR part 51. Although listed in the index, some FR 3120).
(b) * * * information is not publicly available, II. What comments did EPA receive?
i.e., Confidential Business Information
International Mail (CBI) or other information whose The public comment period on the
Date of issuance disclosure is restricted by statute. proposed approval of Indiana’s SIP
Manual
Certain other material, such as revision ended on February 4, 2015.
copyrighted material, is not placed on EPA did not receive any comments on
* * * * * the Internet and will be publicly the proposed approval of this SIP
IMM ............................... January 26, 2015. available only in hard copy form. revision.
Publicly available docket materials are III. Technical Corrections to the State
■ 3. Revise § 20.2 to read as follows: available either electronically through Rule
www.regulations.gov or in hard copy at
§ 20.2 Effective date of the International the Environmental Protection Agency, On January 26, 2015, IDEM submitted
Mail Manual. Region 5, Air and Radiation Division, 77 revisions to 326 IAC 2–7–10.5(f)(2)(C)
West Jackson Boulevard, Chicago, and 326 IAC 2–8–11.1(d)(4) that
The provisions of the International contained typographical corrections to
Illinois 60604. This facility is open from
Mail Manual issued January 26, 2015, the original rules. These corrections
8:30 a.m. to 4:30 p.m., Monday through
are applicable with respect to the were published in the Indiana Register
Friday, excluding Federal holidays. We
international mail services of the Postal on December 25, 2013, and were
recommend that you telephone Sam
Service. Portanova, Environmental Engineer, at effective January 11, 2014. The revision
(312) 886–3189 before visiting the to 326 IAC 2–7–10.5(f)(2)(C) corrects
Stanley F. Mires,
Region 5 office. grammatical errors and the revision to
Attorney, Federal Requirements. 326 IAC 2–8–11.1(d)(4) corrects a
[FR Doc. 2015–05760 Filed 3–13–15; 8:45 am] FOR FURTHER INFORMATION CONTACT: Sam
citation error. The revisions do not
Portanova, Environmental Engineer, Air
BILLING CODE 7710–12–P affect the requirements or substance of
Permits Section, Air Programs Branch
this rule.
(AR–18J), Environmental Protection
Agency, Region 5, 77 West Jackson IV. What action is EPA taking?
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Boulevard, Chicago, Illinois 60604, EPA is approving Indiana’s minor
(312) 886–3189, portanova.sam@ source construction permit rule in 326
epa.gov. IAC 2–7–10.5(a), (c) through (j), (l), and
SUPPLEMENTARY INFORMATION: (m), and 326 IAC 2–8–11.1. EPA has
Throughout this document whenever determined that the emission thresholds
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean and permitting requirements discussed
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![Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 13495
EPA-APPROVED INDIANA REGULATIONS—Continued
Indiana
Indiana Subject effective EPA approval date Notes
citation date
* * * * * * *
Rule 7. Part 70 Permit Program
2–7–10.5 ...... Part 70 permits; source modifica- 10/26/2013 3/16/2015 [insert Federal Register Indiana made typographical correc-
tions. citation]. tions to (f)(2)(C) on 1/11/2014.
Rule 8. Federally Enforceable State Operating Permit Program
* * * * * * *
2–8–11.1 ...... Permit revisions .............................. 10/26/2013 3/16/2015 [insert Federal Register Indiana made typographical correc-
citation]. tions to (d)(4) on 1/11/2014.
* * * * * * *
* * * * * that this direct final rule will not take electronically at www.regulations.gov
[FR Doc. 2015–05838 Filed 3–13–15; 8:45 am] effect. and in hard copy at EPA Region IX, 75
BILLING CODE 6560–50–P ADDRESSES: Submit comments, Hawthorne Street, San Francisco,
identified by docket number EPA–R09– California 94105–3901. While all
OAR–2014–0851, by one of the documents in the docket are listed at
ENVIRONMENTAL PROTECTION following methods: www.regulations.gov, some information
AGENCY 1. Federal eRulemaking Portal: may be publicly available only at the
www.regulations.gov. Follow the on-line hard copy location (e.g., copyrighted
40 CFR Part 52 instructions. material, large maps), and some may not
2. Email: steckel.andrew@epa.gov. be publicly available in either location
[EPA–R09–OAR–2014–0851; FRL–9923–07– 3. Mail or deliver: Andrew Steckel (e.g., CBI). To inspect the hard copy
Region 9] (Air-4), U.S. Environmental Protection materials, please schedule an
Agency Region IX, 75 Hawthorne Street, appointment during normal business
Revisions to the California State San Francisco, CA 94105–3901. hours with the contact listed in the FOR
Implementation Plan, South Coast Air Instructions: All comments will be FURTHER INFORMATION CONTACT section.
Quality Management District and included in the public docket without
Sacramento Metropolitan Air Quality FOR FURTHER INFORMATION CONTACT:
change and may be made available Christine Vineyard, EPA Region IX,
Management District online at www.regulations.gov, (415) 947–4125, vineyard.christine@
AGENCY: Environmental Protection including any personal information epa.gov.
Agency (EPA). provided, unless the comment includes
Confidential Business Information (CBI) SUPPLEMENTARY INFORMATION:
ACTION: Direct final rule. or other information whose disclosure is Throughout this document, ‘‘we,’’ ‘‘us,’’
restricted by statute. Information that and ‘‘our’’ refer to EPA.
SUMMARY: The Environmental Protection
you consider CBI or otherwise protected Table of Contents
Agency (EPA) is taking direct final
should be clearly identified as such and
action to approve revisions to the I. The State’s Submittal
should not be submitted through
Sacramento Metropolitan Air Quality A. What rules did the State submit?
www.regulations.gov or email.
Management District (SMAQMD) and B. Are there other versions of these rules?
www.regulations.gov is an ‘‘anonymous
South Coast Air Quality Management C. What is the purpose of the submitted
access’’ system, and EPA will not know rules?
District (SCAQMD) portions of the
your identity or contact information II. EPA’s Evaluation and Action
California State Implementation Plan
unless you provide it in the body of A. How is EPA evaluating the rules?
(SIP). These revisions concern
your comment. If you send email B. Do the rules meet the evaluation
particulate matter (PM) emissions from
directly to EPA, your email address will criteria?
residential wood burning and C. EPA Recommendations To Further
be automatically captured and included
particulate matter air pollution control Improve the Rules
as part of the public comment. If EPA
devices. We are approving local rules D. Public Comment and Final Action
cannot read your comment due to
that regulate these emission sources III. Statutory and Executive Order Reviews
technical difficulties and cannot contact
under the Clean Air Act (CAA or the
you for clarification, EPA may not be I. The State’s Submittal
Act).
able to consider your comment.
DATES: This rule is effective on May 15, A. What rules did the State submit?
Electronic files should avoid the use of
2015 without further notice, unless EPA special characters, any form of Table 1 lists the rules we are
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receives adverse comments by April 15, encryption, and be free of any defects or approving with the dates that they were
2015. If we receive such comments, we viruses. amended by the local air agencies and
will publish a timely withdrawal in the Docket: Generally, documents in the submitted by the California Air
Federal Register to notify the public docket for this action are available Resources Board (CARB).
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Document Created: 2018-02-21 09:37:46
Document Modified: 2018-02-21 09:37:46
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on April 15, 2015. | |
| Contact | Sam Portanova, Environmental Engineer, Air Permits Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-3189, [email protected] | |
| FR Citation | 80 FR 13493 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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