
[Federal Register Volume 78, Number 160 (Monday, August 19, 2013)]
[Proposed Rules]
[Pages 50360-50369]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-20155]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2011-0888; EPA-R05-OAR-2011-0969; EPA-R05-OAR-2012-0567; 
EPA-R05-OAR-2012-0988; FRL-9900-19-Region 5]


Approval and Promulgation of Air Quality Implementation Plans; 
Indiana; Infrastructure SIP Requirements for the 2008 Lead and Ozone 
National Ambient Air Quality Standards; Indiana PSD; Indiana State 
Board Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve elements of state implementation 
plan (SIP) submissions by Indiana regarding the infrastructure 
requirements of sections 110(a)(1) and (2) of the Clean Air Act (CAA) 
for the 2008 lead and 2008 8-hour ground level ozone national ambient 
air quality standards (2008 Pb and ozone 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 portions of submissions from Indiana addressing EPA's 
requirements for the prevention of significant deterioration (PSD) 
program. Lastly, EPA is proposing to approve a submission from Indiana 
addressing the state board requirements under section 128 of the CAA.

DATES: Comments must be received on or before September 18, 2013.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2011-0888 (2008 Pb infrastructure SIP elements), EPA-R05-OAR-2011-
0969 (2008 ozone infrastructure SIP elements), EPA-R05-OAR-2012-0567 
(PSD elements), or EPA-R05-OAR-2012-0988 (state board requirements), by 
one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: aburano.douglas@epa.gov.
    3. Fax: (312) 408-2279.
    4. Mail: Douglas Aburano, Chief, Attainment Planning and 
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental 
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Douglas Aburano, Chief, Attainment Planning and 
Maintenance Section, Air Programs Branch (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. EPA-R05-OAR-2011-
0888 (2008 Pb infrastructure SIP elements), EPA-R05-OAR-2011-0969 (2008 
ozone infrastructure SIP elements), EPA-R05-OAR-2012-0567 (PSD 
elements), or EPA-R05-OAR-2012-0988 (state board requirements). 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 
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, Environmental 
Engineer, at (312) 886-0258 before visiting the Region 5 office.

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, chang.andy@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. What should I consider as I prepare my comments for EPA?
II. What is the background of these SIP submissions?
    A. What state SIP submissions does this rulemaking address?
    B. Why did the state make these SIP submissions?
    C. What is the scope of this rulemaking?
III. What guidance is EPA using to evaluate these SIP submissions?
IV. What is the result of EPA's review of these SIP submissions?
    A. Section 110(a)(2)(A)--Emission Limits and Other Control 
Measures
    B. Section 110(a)(2)(B)--Ambient Air Quality Monitoring/Data 
System
    C. Section 110(a)(2)(C)--Program for Enforcement of Control 
Measures; PSD
    D. Section 110(a)(2)(D)--Interstate Transport
    E. Section 110(a)(2)(E)--Adequate Resources
    F. Section 110(a)(2)(F)--Stationary Source Monitoring System

[[Page 50361]]

    G. Section 110(a)(2)(G)--Emergency Powers
    H. Section 110(a)(2)(H)--Future SIP Revisions
    I. Section 110(a)(2)(I)--Nonattainment Area Plan or Plan 
Revisions Under Part D
    J. Section 110(a)(2)(J)--Consultation With Government Officials; 
Public Notifications; PSD; Visibility Protection
    K. Section 110(a)(2)(K)--Air Quality Modeling/Data
    L. Section 110(a)(2)(L)--Permitting Fees
    M. Section 110(a)(2)(M)--Consultation/Participation by Affected 
Local Entities
V. What action is EPA taking?
VI. Statutory and Executive Order Reviews

I. What should I consider as I prepare my comments for EPA?

    When submitting comments, remember to:
    1. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date, and page number).
    2. Follow directions--EPA may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    3. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    4. Describe any assumptions and provide any technical information 
and/or data that you used.
    5. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    6. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    7. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    8. Make sure to submit your comments by the comment period deadline 
identified.

II. What is the background of these SIP submissions?

A. What state SIP submissions does this rulemaking address?

    This rulemaking addresses the following: A December 12, 2011, 
submission from the State of Indiana intended to meet the applicable 
infrastructure SIP requirements for the 2008 Pb and ozone NAAQS; a July 
12, 2012, submission that was supplemented on December 12, 2012, to 
address various EPA requirements for its PSD program for incorporation 
into its PSD SIP; and, a November 29, 2012, submission that was 
supplemented on December 12, 2012, and May 22, 2013, to address the 
state board requirements under section 128 for incorporation into the 
SIP. The Indiana Department of Environmental Management (IDEM) has 
requested that EPA approve these revisions with respect to PSD, as well 
as the state board requirements of section 128, as satisfying any 
applicable infrastructure SIP requirements for the 2008 Pb and ozone 
NAAQS.

B. Why did the state make these SIP submissions?

    Under sections 110(a)(1) and (2) of the CAA, states are required to 
submit infrastructure SIPs to ensure that their SIPs provide for 
implementation, maintenance, and enforcement of the NAAQS, including 
the 2008 Pb and ozone 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 for Pb and ozone 
already meet 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 an additional guidance document 
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). The most recent infrastructure SIP 
guidance document to date is entitled, ``Guidance on infrastructure SIP 
Elements Required Under Sections 110(a)(1) and (2) for the 2008 Lead 
(Pb) National Ambient Air Quality Standards (NAAQS)'' (2011 Memo) and 
was issued on October 14, 2011. Indiana's SIP submissions referenced in 
this rulemaking pertain to the applicable requirements of section 
110(a)(1) and (2), and primarily address the 2008 Pb and ozone NAAQS. 
To the extent that the PSD program is comprehensive and non-NAAQS 
specific, a narrow evaluation of other NAAQS, such as the 1997 8-hour 
ozone and 2006 PM2.5 NAAQS, will be included in the 
appropriate sections.

C. What is the scope of this rulemaking?

    This rulemaking will not cover four substantive areas that are not 
integral to acting on a state's infrastructure SIP submission: (i) 
Existing provisions related to excess emissions during periods of 
start-up, shutdown, or malfunction at sources, that may be contrary to 
the CAA and EPA's policies addressing such excess emissions (``SSM''); 
(ii) existing provisions related to ``director's variance'' or 
``director's discretion'' that purport to permit revisions to SIP 
approved emissions limits with limited public process or without 
requiring further approval by EPA, that may be contrary to the CAA 
(``director's discretion''); (iii) existing provisions for minor source 
new source review (NSR) programs that may be inconsistent with the 
requirements of the CAA and EPA's regulations that pertain to such 
programs; and, (iv) existing provisions for PSD programs that may be 
inconsistent with current requirements of EPA's ``Final NSR Improvement 
Rule,'' 67 FR 80186 (December 31, 2002), as amended by 72 FR 32526 
(June 13, 2007) (``NSR Reform''). Instead, EPA has the authority to 
address each of these four areas in separate rulemakings. A detailed 
rationale can be found in EPA's July 13, 2011, final rule entitled, 
``Infrastructure SIP Requirements for the 1997 8-hour Ozone and 
PM2.5 National Ambient Air Quality Standards'' in the 
section entitled, ``What is the scope of this final rulemaking?'' (see 
76 FR 41075 at 41076-41079).
    In addition, EPA is not acting on portions of section 
110(a)(2)(D)(i)--Interstate transport and section 110(a)(2)(J)--
Consultation with government officials, public notifications, PSD, and 
visibility protection. EPA is also not acting on section 110(a)(2)(I)--
Nonattainment Area Plan or Plan Revisions Under Part D, in its 
entirety. The rationale for not acting on elements of these 
requirements is discussed below.

III. What guidance is EPA using to evaluate these SIP submissions?

    EPA's guidance for these infrastructure SIP submissions is embodied 
in the 2007 Memo. Specifically, attachment A of this memorandum 
(Required Section 110 SIP Elements) identifies the statutory elements 
that states need to submit in order to satisfy the requirements for an 
infrastructure SIP submission. The 2009 Memo was issued to provide 
additional guidance for certain elements to meet the requirements of 
section 110(a)(1) and (2) of the CAA, and the 2011 Memo provides 
guidance specific to the 2008 Pb NAAQS.

IV. What is the result of EPA's review of these SIP submissions?

    As noted in the 2011 Memo, pursuant to section 110(a), states must 
provide reasonable notice and opportunity for public hearing for all 
infrastructure SIP submissions. Indiana provided the opportunity for 
public comment between October 28, 2011, and December 9, 2011. 
Additionally, IDEM provided an opportunity for a public

[[Page 50362]]

hearing. No comments were received during the comment period, and a 
public hearing was not requested. EPA is also soliciting comment on our 
evaluation of IDEM's infrastructure SIP submission in this notice of 
proposed rulemaking. Indiana provided a detailed synopsis of how 
various components of its SIP meets each of the requirements in section 
110(a)(2) for the 2008 Pb and ozone NAAQS, as applicable. The following 
review evaluates Indiana's submissions.

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. However, EPA has long 
interpreted emission limits and control measures for attaining the 
standards as being due when nonattainment planning requirements are 
due.\1\ 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.
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    \1\ See, e.g., EPA's 73 FR 66964 at 67034, final rule on 
``National Ambient Air Quality Standards for Lead.''
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    IDEM's authority to adopt emissions standards and compliance 
schedules is found at Indiana Code (IC) 13-14-8, 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)(A) with respect to 
the 2008 Pb and ozone NAAQS.
    As previously noted, EPA is not proposing to approve or disapprove 
any existing state provisions or rules related to SSM or director's 
discretion in the context of section 110(a)(2)(A).

B. Section 110(a)(2)(B)--Ambient Air Quality Monitoring/Data System

    This section requires SIPs to include provisions to provide for 
establishing and operating ambient air quality monitors, collecting and 
analyzing ambient air quality data, and making these data available to 
EPA upon request. This review of the 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.
    IDEM continues to operate an air monitoring network; EPA approved 
the state's 2013 Annual Air Monitoring Network Plan on October 31, 
2012, including the plan for Pb and ozone. IDEM enters air monitoring 
data into AQS, and the state provides EPA with prior notification when 
changes to its monitoring network or plan are being considered. EPA 
proposes that Indiana has met the infrastructure SIP requirements of 
section 110(a)(2)(B) with respect to the 2008 Pb and ozone NAAQS.

C. Section 110(a)(2)(C)--Program for Enforcement of Control Measures; 
PSD

    States are required to include a program providing for enforcement 
of all SIP measures and the regulation of construction of new or 
modified stationary sources to meet NSR requirements under the PSD and 
nonattainment new source review (NNSR) programs. Part C of the CAA 
(sections 160-169B) addresses PSD, while part D of the CAA (sections 
171-193) addresses NNSR requirements.
    The evaluation of Indiana's submission addressing the 
infrastructure SIP requirements of section 110(a)(2)(C) covers: (i) 
Enforcement of SIP measures; (ii) PSD program for the 2008 Pb and ozone 
NAAQS including provisions that explicitly identify oxides of nitrogen 
(NOx) as a precursor to ozone in the PSD program; (iii) identification 
of precursors to PM2.5 and the identification of 
PM2.5 and PM10 \2\ condensables in the PSD 
program; (iv) PM2.5 increments in the PSD program; and, (v) 
greenhouse gas (GHG) permitting and the ``Tailoring Rule.'' \3\
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    \2\ PM10 refers to particles with diameters between 
2.5 and 10 microns, oftentimes referred to as ``coarse'' particles.
    \3\ In EPA's April 28, 2011, proposed rulemaking for 
infrastructure SIPS for the 1997 ozone and PM2.5 NAAQS, 
we stated that each state's PSD program must meet applicable 
requirements for evaluation of all regulated NSR pollutants in PSD 
permits (see 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 (see 77 FR 45992 at 45998). In 
other words, if a state lacks provisions needed to adequately 
address Pb, NOX as a precursor to ozone, PM2.5 
precursors, PM2.5 and PM10 condensables, 
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 both the 2008 Pb and ozone NAAQS.
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Sub-Element 1: Enforcement of SIP measures
    IDEM maintains an enforcement program to ensure compliance with SIP 
requirements. 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 13-14-2-7 and IC 13-17-3-3 
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 2008 
Pb and ozone NAAQS.
Sub-Element 2: PSD Program for the 2008 Pb and Ozone NAAQS
    Pursuant to the 2011 Memo, a state should demonstrate that it is 
authorized to implement its PSD permit program to ensure that the 
construction of major stationary sources does not cause or contribute 
to a violation of the 2008 Pb NAAQS. Indiana's EPA-approved SIP rules, 
contained at 326 Indiana Administrative Code (IAC) 2-2, contain 
provisions that adequately address the applicable infrastructure SIP 
requirements related to the 2008 Pb NAAQS.
    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 8, 2005 (see 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, and consisted of the following: \4\
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    \4\ Similar changes were codified in 40 CFR 52.21.
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    40 CFR 51.166(b)(1)(ii): A major source that is major for volatile 
organic compounds or NOX shall be considered major for 
ozone;
    40 CFR 51.166 (b)(2)(ii): Any significant emissions increase (as 
defined at paragraph (b)(39) of this

[[Page 50363]]

section) from any emissions units or net emissions increase (as defined 
in paragraph (b)(3) of this section) at a major stationary source that 
is significant for volatile organic compounds or NOX shall 
be considered significant for ozone;
    40 CFR 51.166(b)(23)(i): Ozone: 40 tons per year (tpy) of volatile 
organic compounds or nitrogen oxides;
    40 CFR 51.166(b)(49)(i): \5\ Any pollutant for which a national 
ambient air quality standard has been promulgated and any constituents 
or precursors for such pollutants identified by the Administrator 
(e.g., volatile organic compounds and NOX) are precursors 
for ozone; and
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    \5\ Note that this section of 40 CFR 51.166 has been amended as 
a result of EPA's Final Rule on the ``Implementation of the New 
Source Review (NSR) Program for Particulate Matter Less than 2.5 
Micrometers (PM2.5); the regulatory text as listed was 
current as of the issuance of the Phase 2 Rule. The current citation 
for the VOCs and NOX as precursors for ozone are 
contained in 40 CFR 51.166(b)(49)(i)(b)(i).
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    40 CFR 51.166(i)(5)(i)(e) footnote 1: No de minimis air quality 
level is provided for ozone. However, any net emissions increase of 100 
tpy or more of volatile organic compounds or nitrogen oxides subject to 
PSD would be required to perform an ambient impact analysis, including 
the gathering of air quality data.
    The Phase 2 Rule required that states submit SIP revisions 
incorporating the requirements of the rule, including these specific 
NOX as a precursor to ozone provisions, by June 15, 2007 
(see 70 FR 71612 at 71683). EPA approved revisions to Indiana's PSD SIP 
reflecting these requirements on October 29, 2012 (see 77 FR 65478).
    EPA proposes that Indiana has met this set of infrastructure SIP 
requirements of section 110(a)(2)(C) with respect to the 2008 Pb and 
ozone NAAQS.
Sub-Element 3: Identification of Precursors to PM2.5 and the 
Identification of PM2.5 and PM10 Condensables in 
the PSD Program
    On May 16, 2008 (see 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 volatile organic compounds (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 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).\6\
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    \6\ EPA 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, the 
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, the 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.
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    The 2008 NSR Rule did not require states to immediately account for 
gases that could condense to form particulate matter, known as 
condensables, in PM2.5 and PM10 emission limits 
in NSR permits. Instead, EPA determined that states had to account for 
PM2.5 and PM10 condensables 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 
51.166(b)(49)(i)(a) and 40 CFR 52.21(b)(50)(i)(a). Revisions to states' 
PSD programs incorporating the inclusion of condensables were required 
be submitted to EPA by May 16, 2011 (see 73 FR 28321 at 28341).
    EPA approved revisions to Indiana's PSD SIP reflecting these 
requirements on October 29, 2012 (see 77 FR 65478), and therefore 
proposes that Indiana has met this set of infrastructure SIP 
requirements of section 110(a)(2)(C) with respect to the 2008 Pb and 
ozone NAAQS.
Sub-Element 4: 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 the table below.

Table 1--PM2.5 Increments Established by the 2010 NSR Rule in Micrograms
                             per Cubic Meter
------------------------------------------------------------------------
                                              Annual
                                            arithmetic      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

[[Page 50364]]

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 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. However, Indiana's requested revisions specify that if 
areas in the state are one day classified as Class I or III, the PSD 
increments pursuant to 40 CFR 52.21 would be adhered to. Because the 
state's requested revisions are substantively identical to Federal 
regulations, EPA therefore proposes to approve 326 IAC 2-2-6(b) into 
the SIP, and also proposes that Indiana has met this set of 
infrastructure SIP requirements of section 110(a)(2)(C) with respect to 
the 2008 Pb and ozone NAAQS. In the event that areas in Indiana are one 
day designated as Class I or Class III, EPA expects IDEM to adopt the 
Federally promulgated increments pursuant to 40 CFR 52.21, and submit 
them for incorporation into the SIP.
Sub-Element 5: GHG Permitting and the ``Tailoring Rule''
    On June 3, 2010, EPA issued a final rule establishing a ``common 
sense'' approach to addressing GHG emissions from stationary sources 
under the CAA permitting programs. The ``Prevention of Significant 
Deterioration and Title V Greenhouse Gas Tailoring Rule,'' or 
``Tailoring Rule,'' set thresholds for GHG emissions that define when 
permits under the NSR PSD and title V operating permit programs are 
required for new and existing industrial facilities (see 75 FR 31514). 
The Tailoring Rule set the GHG PSD applicability threshold at 75,000 
tpy as expressed in carbon dioxide equivalent; if states have not 
adopted this threshold, sources with GHG emissions above 100 tpy or 250 
tpy (depending on source category) would be subject to PSD, effective 
January 2, 2011. The lower thresholds could potentially result in 
certain residential and commercial sources triggering GHG PSD 
requirements.
    On December 23, 2010, EPA issued a subsequent series of rules that 
put the necessary framework in place to ensure that industrial 
facilities can get CAA permits covering their GHG emissions when 
needed, and that facilities emitting GHGs at levels below those 
established in the Tailoring Rule do not need to obtain CAA permits.\7\ 
Included in this series of rules was EPA's issuance of the ``Limitation 
of Approval of Prevention of Significant Deterioration Provisions 
Concerning Greenhouse Gas Emitting-Sources in State Implementation 
Plans,'' referred to as the PSD SIP ``Narrowing Rule'' on December 30, 
2010 (see 75 FR 82536). The Narrowing Rule limits, or ``narrows,'' 
EPA's approval of PSD programs that were previously approved into SIPs; 
the programs in question are those that apply PSD to sources that emit 
GHG. Specifically, the effect of the Narrowing Rule is that provisions 
that are no longer approved--e.g., portions of already approved SIPs 
that apply PSD to GHG emissions increases from sources emitting GHG 
below the Tailoring Rule thresholds--now have the status of having been 
submitted by the state but not yet acted upon by EPA. In other words, 
the Narrowing Rule focuses on eliminating the PSD obligations under 
Federal law for sources below the Tailoring Rule thresholds.
---------------------------------------------------------------------------

    \7\ http://www.epa.gov/NSR/actions.html#2010.
---------------------------------------------------------------------------

    On September 28, 2011 (76 FR 59899), EPA approved revisions to 
Indiana's PSD SIP that included the adoption of the Federal thresholds 
for PSD permitting of GHG-emitting sources. Indiana's December 12, 
2011, submission states that it intended for our September 28, 2011, 
approval to satisfy applicable GHG permitting requirements related to 
their 2008 Pb and ozone NAAQS infrastructure SIP. Therefore, EPA 
proposes that Indiana's GHG permitting program has met this set of 
requirements related to section 110(a)(2)(C) and (E) for the 2008 Pb 
and ozone NAAQS.\8\
---------------------------------------------------------------------------

    \8\ Section 110(a)(2)(E) requires that states have the resources 
to administer an air quality management program. Some states that 
are not covered by the Narrowing Rule may not be able to adequately 
demonstrate that they have adequate personnel to issue GHG permits 
to all sources that emit GHG under the Tailoring Rule thresholds.
---------------------------------------------------------------------------

    EPA reiterates that minor NSR regulations and NSR reform 
regulations are not in the scope of infrastructure SIP actions. 
Therefore, we are not proposing to approve or disapprove existing minor 
NSR regulations or NSR reform regulations for Indiana's 2008 Pb and 
ozone NAAQS infrastructure SIP. To address the pre-construction 
regulation of the modification and construction of minor stationary 
sources and minor modifications of major stationary sources, an 
infrastructure SIP submission should identify the existing EPA-approved 
SIP provisions and/or include new provisions that govern the minor 
source pre-construction program that regulates emissions of the 
relevant NAAQS pollutants. EPA approved Indiana's minor NSR program on 
October 7, 1994 (see 59 FR 51108), and 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 2008 Pb and ozone 
NAAQS.
    Furthermore, various sub-elements in this section overlap with 
elements of section 110(a)(2)(D)(i), section 110(a)(2)(E) and section 
110(a)(2)(J). These links will be discussed in the appropriate areas 
below.

D. Section 110(a)(2)(D)--Interstate Transport

    Section 110(a)(2)(D)(i)(I) requires SIPs to include provisions 
prohibiting any source or other type of emissions activity in one state 
from contributing significantly to nonattainment, or interfering with 
maintenance, of the NAAQS in another state.
    With respect to the 2008 Pb NAAQS, the 2011 Memo notes that the 
physical properties of Pb prevent it from experiencing the same travel 
or formation phenomena as PM2.5 or ozone. Specifically, 
there is a sharp decrease in Pb concentrations as the distance from a 
Pb source increases. Accordingly, it may be possible for a source in a 
state to emit Pb at a location and in such quantities that contribute 
significantly to nonattainment in, or interference with maintenance by, 
any other state. However, EPA anticipates that this would be a rare 
situation, e.g., sources emitting large quantities of Pb are in close 
proximity to state boundaries. The 2011 Memo suggests that the 
applicable interstate transport

[[Page 50365]]

requirements of section 110(a)(2)(D)(i)(I) can be met through a state's 
assessment as to whether or not emissions from Pb sources located in 
close proximity to its borders have emissions that impact a neighboring 
state such that they contribute significantly to nonattainment or 
interfere with maintenance in that state. One way that a state's 
conclusion could be supported is by the technical support documents 
used for initial area designations for Pb.
    In its infrastructure SIP submission, IDEM noted that a small 
portion of Delaware County in east central Indiana was designated as 
nonattainment for the 2008 Pb NAAQS (see 75 FR 71033). IDEM observed 
that this area is approximately 30 miles from the Indiana-Ohio state 
line. IDEM further noted that there are no other areas with sources 
that emit Pb at or above 0.5 tpy. EPA does not believe that the 
elevated levels of ambient Pb concentrations in Delaware County (or 
emissions from any other county) would cause or contribute to a 
violation of the 2008 Pb NAAQS in Ohio, or create a situation in Ohio 
where maintenance of the 2008 Pb NAAQS was not possible. The final 
technical support document for Delaware County supports the notion that 
the ambient concentrations of Pb are not expected to exceed the NAAQS 
outside of the nonattainment boundaries. Therefore, EPA proposes that 
Indiana has met this set of requirements related to section 
110(a)(2)(D)(i)(I) for the 2008 Pb NAAQS.
    In this notice, we are not proposing to act on the portions of 
Indiana's submission intended to address the interstate transport 
requirements of section 110(a)(2)(D)(i)(I) for the 2008 ozone NAAQS. 
Rather, we intend to take separate action on Indiana's satisfaction of 
these requirements.
    Section 110(a)(2)(D)(i)(II) requires SIPs to include provisions 
prohibiting any source or other type of emissions activity in one state 
from interfering with measures required to prevent significant 
deterioration of air quality or to protect visibility in another state.
    EPA notes that Indiana's satisfaction of the applicable 
infrastructure SIP PSD requirements for the 2008 lead and ozone NAAQS 
has been detailed in the section addressing section 110(a)(2)(C). EPA 
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 and establishing emissions limits. EPA has 
also previously approved revisions to Indiana's SIP adopting the 
Federal Tailoring Rule thresholds for GHG emitting sources for PSD 
permitting. Indiana's SIP contains provisions that adequately address 
the 2008 Pb NAAQS, and in this action, EPA is also proposing to approve 
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. 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 a suitable NNSR program that addresses any 
pollutants for which there is a designated nonattainment areas within 
the state. Indiana's EPA-approved NNSR regulations are contained as 
part of their PSD program regulations, and can be found in 326 IAC 2-2. 
Specifically, these regulations contain provisions for how the state 
must treat and control sources in ozone and Pb nonattainment areas, 
consistent with 40 CFR 51.165, or appendix S to 40 CFR part 51. 
Therefore EPA proposes that Indiana has met all of the applicable PSD 
requirements for the 2008 Pb and ozone NAAQS related to section 
110(a)(2)(D)(i)(II).
    With regard to the applicable requirements for visibility 
protection of section 110(a)(2)(D)(i)(II), states are subject to 
visibility and regional haze program requirements under part C of the 
CAA (which includes sections 169A and 169B). The 2009 Memo and the 2011 
Memo state that these requirements can be satisfied by an approved SIP 
addressing reasonably attributable visibility impairment, if required, 
or an approved SIP addressing regional haze. EPA's final approval of 
Indiana's regional haze plan was published on June 11, 2012 (see 77 FR 
34218). Therefore, EPA proposes that Indiana has met this set of 
infrastructure SIP requirements of section 110(a)(2)(D)(i)(II) for the 
2008 Pb and ozone NAAQS.
    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 has provisions in its EPA-approved PSD program requiring 
new or modified sources to notify neighboring states of potential 
negative air quality impacts, and has referenced this program as having 
adequate provisions to meet the requirements of section 126(a). EPA is 
proposing that Indiana has met the infrastructure SIP requirements of 
section 126(a) with respect to the 2008 Pb and ozone NAAQS. Indiana 
does not have any obligations under any other section of section 126, 
nor does it have any pending obligations under section 115. EPA 
therefore is proposing that Indiana has met all applicable 
infrastructure SIP requirements of section 110(a)(2)(D)(ii).

E. Section 110(a)(2)(E)--Adequate resources

    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.
Sub-Element 1: Adequate Personnel, Funding, and Legal Authority Under 
State Law To Carry Out Its SIP, and Related Issues
    Indiana's biennial budget and their environmental performance 
partnership agreement with EPA document funding and personnel levels 
for IDEM every 2 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 schedules. EPA proposes that Indiana has met 
the infrastructure SIP requirements of this portion of section 
110(a)(2)(E) with respect to the 2008 Pb and ozone NAAQS.
    As noted above in the discussion addressing section 110(a)(2)(C), 
the resources needed to permit all sources emitting more than 100 tpy 
or 250 tpy

[[Page 50366]]

(as applicable) of GHG would require more resources than some states 
appear to have. As previously discussed, however, EPA approved 
revisions to Indiana's PSD program adopting the Federal Tailoring Rule 
thresholds for GHG on September 28, 2011. Therefore, Indiana's SIP as 
it relates to GHG-emitting sources for PSD does not involve permitting 
sources smaller than the Tailoring Rule thresholds, and EPA proposes 
that Indiana retains the resources necessary to implement the 
requirements of its SIP.
Sub-Element 2: State Board Requirements Under Section 128 of the CAA
    Section 110(a)(2)(E) also requires each SIP to contain provisions 
that comply with the state board requirements of section 128 of the 
CAA. That provision 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 under the Federal 
CAA, as amended by the CAA Amendments of 1990. 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. As a result, we are proposing to 
approve these rules into the SIP. The rules consist of IC 13-13-8-1, IC 
13-13-8-2(a), IC 13-18-8-2(b), IC 13-13-8-3, IC 13-13-8-4, and IC 13-
13-8-11. On May 22, 2013, IDEM requested that these rules satisfy not 
only the applicable requirements of section 128 of the CAA, but that 
they satisfy any applicable requirements of section 110(a)(2)(E) for 
the 2008 Pb and ozone NAAQs. Therefore, EPA is proposing that IDEM has 
satisfied the applicable infrastructure SIP requirements for this 
section of 110(a)(2)(E) for the 2008 Pb and ozone NAAQS.

F. Section 110(a)(2)(F)--Stationary Source Monitoring System

    States must establish a system to monitor emissions from stationary 
sources and submit periodic emissions reports. Each plan shall also 
require the installation, maintenance, and replacement of equipment, 
and the implementation of other necessary steps, by owners or operators 
of stationary sources to monitor emissions from such sources. The state 
plan shall also require periodic reports on the nature and amounts of 
emissions and emissions-related data from such sources, and correlation 
of such reports by each state agency with any emission limitations or 
standards established pursuant to this chapter. Lastly, the reports 
shall be available at reasonable times for public inspection.
    The Indiana state rules for monitoring requirements are contained 
in 326 IAC 3. Additional emissions reporting requirements are found in 
326 IAC 2-6. Emission reports are available upon request by EPA or 
other interested parties. EPA proposes that Indiana has satisfied the 
infrastructure SIP requirements of section 110(a)(2)(F) with respect to 
the 2008 Pb and ozone NAAQS.

G. Section 110(a)(2)(G)--Emergency Powers

    This section requires that a plan provide for authority that is 
analogous to what is provided in section 303 of the CAA, and adequate 
contingency plans to implement such authority. The 2011 Memo states 
that infrastructure SIP submissions should specify authority, rested in 
an appropriate official, to restrain any source from causing or 
contributing to Pb emissions which present an imminent and substantial 
endangerment to public health or welfare, or the environment.
    326 IAC 11-5 establishes air pollution episode 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 has 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 or welfare, or 
the environment with respect to the 2008 Pb and ozone NAAQS.
    As indicated in the 2011 Memo, EPA believes that the central 
components of a contingency plan for the 2008 Pb NAAQS would be to 
reduce emissions from the source at issue and to communicate with the 
public as needed. Where a state believes, based on its inventory of Pb 
sources and historic monitoring data, that it does not need a more 
specific contingency plan beyond having authority to restrain any 
source from causing or contributing to an imminent and substantial 
endangerment, then the state could provide such a detailed rationale in 
place of a specific contingency plan.
    EPA has reviewed historic data at Pb monitoring sites throughout 
Indiana, and believes that a specific contingency plan beyond having 
authority to restrain any source from causing or contributing to an 
imminent and substantial endangerment is not necessary at this time. 
For example, one way to quantify the possibility of imminent and 
substantial endangerment in this context would be a daily monitored 
value for Pb that could by itself cause

[[Page 50367]]

a violation of the 2008 Pb NAAQS.\9\ EPA has reviewed data from 2010-
2012 (the most recent consecutive 36-month block of complete data) and 
observes that no such daily monitored value exists.
---------------------------------------------------------------------------

    \9\ See appendix R to 40 CFR part 50 for data handling 
conventions and computations necessary for determining when the 
NAAQS are met.
---------------------------------------------------------------------------

    As described in the section detailing interstate transport of Pb, 
EPA does not anticipate other areas in Indiana needing specific 
contingency measures due to low Pb emissions. EPA proposes that Indiana 
has met the applicable infrastructure SIP requirements of section 
110(a)(2)(G) related to contingency measures for the 2008 Pb and ozone 
NAAQS.

H. Section 110(a)(2)(H)--Future SIP Revisions

    This section requires states to have 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 2008 Pb and ozone NAAQS.

I. Section 110(a)(2)(I)--Nonattainment Area Plan or Plan Revisions 
Under 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 Indiana's submission addressing the requirements 
of section 110(a)(2)(J) are described below.
Sub-Element 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, 
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 2008 Pb and ozone NAAQS.
Sub-Element 2: Public Notification
    Section 110(a)(2)(J) also requires states to notify the public if 
NAAQS are exceeded in an area and must 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 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. IDEM also maintains a publicly available Web site that allows 
interested members of the community and other stakeholders to view 
current monitoring data summaries, including those for ozone and 
Pb.\10\ IDEM has also published fact sheets available to the public 
that pertain the 2008 Pb NAAQS, including strategies to mitigate human 
exposure.\11\ EPA proposes that Indiana has met the infrastructure SIP 
requirements of this portion of section 110(a)(2)(J) with respect to 
the 2008 Pb and ozone NAAQS.
---------------------------------------------------------------------------

    \10\ See http://www.in.gov/idem/airquality/2489.htm.
    \11\ See, e.g., http://www.in.gov/idem/files/factsheet_air_quality_lead.pdf.
---------------------------------------------------------------------------

Sub-Element 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 in the paragraphs addressing section 
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). Our proposed actions 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 and emissions limits. EPA has also 
previously approved revisions to Indiana's SIP adopting the Federal 
Tailoring Rule thresholds for GHG emitting sources for PSD permitting. 
Indiana's SIP contains provisions that adequately address the 2008 Pb 
NAAQS, and in this action, EPA is also proposing to approve revisions 
to Indiana's SIP that incorporate the PM2.5 increments and 
the associated implementation regulations per the 2010 NSR Rule. 
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 2008 Pb and ozone NAAQS.
Sub-Element 4: Visibility Protection
    With regard to the applicable requirements for 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, we find that there is no new visibility obligation 
``triggered'' under section 110(a)(2)(J) when a new NAAQS becomes 
effective. This would be the case even in the event a secondary 
PM2.5 NAAQS for visibility is established, because this 
NAAQS would not affect visibility requirements under part C. In other 
words, the visibility protection requirements of section 110(a)(2)(J) 
are not germane to infrastructure SIPs for the 2008 Pb and ozone NAAQS.

K. Section 110(a)(2)(K)--Air Quality Modeling/Data

    SIPs must provide for performing air quality modeling for 
predicting effects on air quality of emissions from any NAAQS pollutant 
and submission of such data to EPA upon request.
    IDEM continues to review the potential impact of major and some 
minor new and modified sources using computer models. Indiana's rules 
regarding air quality modeling are

[[Page 50368]]

contained in 326 IAC 2-2-4, 326 IAC 2-2-5, 326 IAC 2-2-6, and 326 IAC 
2-2-7. These modeling data are available to EPA or other interested 
parties upon request. EPA proposes that Indiana has met the 
infrastructure SIP requirements of section 110(a)(2)(K) with respect to 
the 2008 Pb and 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 implements and operates the title V permit program, which EPA 
approved on December 4, 2001 (66 FR 62969); revisions to the program 
were approved on August 13, 2002 (67 FR 52615). In addition to the 
title V permit program, IDEM's EPA-approved PSD program, specifically 
contained in 326 IAC 2-1.1-07 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 2008 Pb and 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 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 2008 Pb and ozone NAAQS.

V. What action is EPA taking?

    EPA is proposing to approve elements of Indiana's submissions 
certifying that its current SIP is sufficient to meet the required 
infrastructure elements under sections 110(a)(1) and (2) for the 2008 
Pb and ozone NAAQS. EPA is also proposing to approve portions of a 
submission from Indiana intended to meet EPA's requirements its PSD 
program, specifically 326 IAC 2-2-6(b), 326 IAC 2-2-1(f)(1), 326 IAC 2-
2-1(ee)(3), and 326 IAC 2-2-1(gg)(1)(C). In addition, EPA is proposing 
to approve a submission from Indiana intended to meet the state board 
requirements of section 128. Specifically, the rules consist of IC 13-
13-8-1, IC 13-13-8-2(a), IC 13-18-8-2(b), IC 13-13-8-3, IC 13-13-8-4, 
and IC 13-13-8-11.
    EPA's proposed actions for Indiana's satisfaction of infrastructure 
SIP requirements, by element of section 110(a)(2) and NAAQS, are 
contained in the table below.

------------------------------------------------------------------------
                                                            2008 ozone
                Element                  2008 Pb NAAQS        NAAQS
------------------------------------------------------------------------
(A): Emission limits and other control               A                A
 measures.............................
(B): Ambient air quality monitoring                  A                A
 and data system......................
(C)1: Enforcement of SIP measures.....               A                A
(C)2: PSD Provisions for Pb and ozone.               A                A
(C)3: PM2.5 precursors and PM2.5/PM10                A                A
 condensables for PSD.................
(C)4: PM2.5 increments for PSD........               A                A
(C)5: GHG permitting thresholds in PSD               A                A
 regulations..........................
(D)1: Contribute to nonattainment/                   A               NA
 interfere with maintenance of NAAQS..
(D)2: PSD.............................            (**)             (**)
(D)3: Visibility Protection...........               A                A
(D)4: Interstate Pollution Abatement..               A                A
(D)5: International Pollution                        A                A
 Abatement............................
(E)1: Adequate resources..............               A                A
(E)2: State boards....................               A                A
(F): Stationary source monitoring                    A                A
 system...............................
(G): Emergency power..................               A                A
(H): Future SIP revisions.............               A                A
(I): Nonattainment area plan or plan                NA               NA
 revisions under part D...............
(J)1: Consultation with government                   A                A
 officials............................
(J)2: Public notification.............               A                A
(J)3: PSD.............................            (**)             (**)
(J)4: Visibility protection (Regional                +                +
 Haze)................................
(K): Air quality modeling and data....               A                A
(L): Permitting fees..................               A                A
(M): Consultation and participation by               A                A
 affected local entities..............
------------------------------------------------------------------------
In the table above, the key is as follows:
A Approve.
NA No Action/Separate Rulemaking.
D Disapprove.
+ Not relevant in these actions.
** Previously discussed in element (C).

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 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

[[Page 50369]]

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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Lead, Ozone, Reporting and recordkeeping requirements.

    Dated: July 31, 2013.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2013-20155 Filed 8-16-13; 8:45 am]
BILLING CODE 6560-50-P


