[Federal Register Volume 83, Number 85 (Wednesday, May 2, 2018)]
[Proposed Rules]
[Pages 19194-19195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09318]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2017-0535; FRL-9977-52 Region 5]


Air Plan Approval; Indiana; Air Quality Standards Update for the 
2015 Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a September 7, 2017, request by the Indiana Department of 
Environmental Management (IDEM) to revise the Indiana state 
implementation plan (SIP) for ozone. IDEM revised its ozone standard in 
order to be consistent with EPA's 2015 revisions to the 8-hour national 
ambient air quality standards (NAAQS). IDEM also revised the references 
to the monitoring test methods in its rules to the current EPA test 
methods. EPA is also proposing to approve administrative revisions to 
regulations addressing other ambient air quality standards.

DATES: Comments must be received on or before June 1, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2017-0535 at http://www.regulations.gov or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer, 
Control Strategies Section, Air Programs Branch (AR-18J), Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, (312) 886-6524, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. Background
II. What is EPA's analysis?
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

    On October 26, 2015 (80 FR 65291), EPA revised the primary and 
secondary ozone NAAQS from 0.075 to 0.070 parts per million (ppm), 
daily maximum 8-hour concentration, codified at 40 CFR 50.19. The ozone 
NAAQS continues to use an 8-hour averaging time, calculated as the 
fourth-highest daily maximum averaged across three consecutive years. 
IDEM revised its ambient air quality primary and secondary standards 
for ozone to be consistent with EPA's 2015 revision, and codified that 
revision at 326 Indiana Administrative Code (IAC) 1-3-4, Ambient Air 
Quality Standards.
    On October 26, 2015 (80 FR 65291), EPA also revised the monitoring 
test methods for ozone, which are codified at 40 CFR part 50 appendices 
D and U, and at 40 CFR part 53. IDEM revised 326 IAC 1-3-4(4)(B) to 
update its references to those Federal monitoring test methods.
    Indiana also made administrative revisions throughout 326 IAC 1-3-4 
for ambient air quality standards other than ozone. This includes 
changing ``shall represent'' to ``represents'' and ``shall'' to 
``must.''
    IDEM posted notice by March 3, 2017, for the Environmental Rules 
Board meeting on April 12, 2017, at which public comment was taken on 
the ambient air quality standard revisions. There were no public 
comments. On September 7, 2017, IDEM requested approval of 326 IAC 1-3-
4 into the Indiana SIP.

II. What is EPA's analysis?

    IDEM's revisions to 326 IAC 1-3-4(4) make its ambient air quality 
standards consistent with the federal 2015 8-hour ozone NAAQS. Aligning 
the ambient air quality standards ensures consistency between EPA's and 
IDEM's ozone standards. IDEM's updates to the monitoring test methods 
for ozone keep the state's test methods consistent with the federal 
test methods. EPA also finds that the administrative revisions made in 
326 IAC 1-3-4 are minor and do not alter the state's ambient air 
quality standards, which remain consistent with the NAAQS.

III. What action is EPA taking?

    EPA is proposing to approve revisions to Indiana's ambient air 
quality standards in 326 IAC 1-3-4 into the Indiana SIP. The revisions 
to 326 IAC 1-3-4 include aligning both IDEM's ozone standard with the 
2015 8-hour ozone NAAQS as codified at 40 CFR part 50 and the 
monitoring test methods for ozone as codified at 40 CFR part 50 and 40 
CFR part 53. Further, administrative revisions were made to IDEM's 
other ambient air quality standards in 326 IAC 1-3-4. This SIP revision 
request was submitted on September 7, 2017.

IV. Incorporation by Reference

    In this rule, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference 326 IAC 1-3-4, effective August 11, 2017. EPA has made, and 
will continue to make, these documents generally available through 
www.regulations.gov, and at the EPA Region 5 Office (please contact the 
person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Clean Air Act 
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 Clean Air Act. 
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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

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     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides.


    Dated: April 25, 2018.
Edward H. Chu,
Acting Regional Administrator, Region 5.
[FR Doc. 2018-09318 Filed 5-1-18; 8:45 am]
BILLING CODE 6560-50-P


