[Federal Register Volume 70, Number 201 (Wednesday, October 19, 2005)]
[Rules and Regulations]
[Pages 60735-60738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20819]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R05-OAR-2005-IN-0003; FRL-7981-8]
Approval and Promulgation of Air Quality Implementation Plans;
Indiana
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The EPA is approving a request from the Indiana Department of
Environmental Management (IDEM) to revise the Indiana State
Implementation Plan (SIP) in three areas: To amend the definition of
``particulate matter,'' and ``ambient air quality standards,'' add new
rules consistent with these amended definitions, and amend rules
pertaining to sulfur dioxide (SO2) and nitrogen dioxide
(NO2) ambient standards; to update the references to the
Code of Federal Regulations (CFR) from the 2000 edition to the 2002
edition; and to add ``credible evidence provisions'' into state rules
consistent with federal requirements.
DATES: This rule is effective on December 19, 2005, unless EPA receives
adverse written comments by November 18, 2005. If EPA receives adverse
comments, EPA will publish a timely withdrawal of the rule in the
Federal Register and inform the public that the rule will not take
effect.
ADDRESSES: Submit comments, identified by Regional Material in EDocket
(RME) ID No. R05-OAR-2005-IN-0003, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov. Follow the
online instructions for submitting comments.
Agency Web site: http://docket.epa.gov/rmepub/. Regional RME, EPA's
electronic public docket and comments system, is EPA's preferred method
for receiving comments. Once in the system, select ``quick search,''
then key in the appropriate RME Docket identification number. Follow
the online instructions for submitting comments.
E-mail: [email protected].
Fax: (312) 886-5824.
Mail: You may send written comments to: John M. Mooney, Chief,
Criteria Pollutant Section, (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
Hand delivery: Deliver your comments to: John M. Mooney, Chief,
Criteria Pollutant Section, (AR-18J), U.S. Environmental Protection
Agency, Region 5, 77 West Jackson Boulevard, 18th floor, Chicago,
Illinois 60604.
Such deliveries are only accepted during the Regional Office's
normal hours of operation. The Regional Office's 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 RME ID No. R05-OAR-2005-IN-
0003. EPA's policy is that all comments received will be included in
the public docket without change, 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 RME, regulations.gov,
or e-mail. The EPA RME Web site and the Federal regulations.gov Web
site are ``anonymous access'' systems, 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 e-mail comment directly to EPA without
going through RME or regulations.gov, your e-mail 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. For additional instructions on submitting
comments, go to Section I of the SUPPLEMENTARY INFORMATION section of
the related proposed rule which is published in the Proposed Rules
section of this Federal Register.
Docket: All documents in the electronic docket are listed in the
RME index at http://docket.epa.gov/rmepub/. Although listed in the
index, some information is not publicly available, i.e., CBI or other
information whose disclosure is restricted by statute. Publicly
available docket materials are available either electronically in RME
or in hard copy at Environmental Protection Agency, Region 5, Air and
Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604.
We recommend that you telephone Julie Henning, Environmental Protection
Specialist, at (312) 886-4882 before visiting the Region 5 office. This
Facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays.
FOR FURTHER INFORMATION CONTACT: Julie Henning, Environmental
Protection Specialist, State and Tribal Planning Section, Air Programs
Branch (AR-18J), U.S. Environmental Protection Agency, Region 5, 77
West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-4882,
[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. General Information
A. How Can I Get Copies of This Document and Other Related
Information?
B. How and to Whom Do I Submit Comments?
II. Background
III. What Are the Revisions That the State Requests Be Incorporated
Into the SIP?
IV. What Action Is EPA Taking Today?
V. Statutory and Executive Order Reviews
I. General Information
A. How Can I Get Copies of This Document and Other Related Information?
1. The Regional Office has established an electronic public
rulemaking file available for inspection at RME under ID No. R05-OAR-
2005-IN-0003, and a hard copy file which is available for inspection at
the Regional Office. The official public file consists of the documents
specifically referenced in this action, any public comments received,
and other information related to this action. Although a part of the
official docket, the public rulemaking
[[Page 60736]]
file does not include CBI or other information whose disclosure is
restricted by statute. The official public rulemaking file is the
collection of materials that is available for public viewing at the Air
Programs Branch, Air and Radiation Division, EPA Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604. EPA requests that, if at
all possible, you contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to schedule your inspection. The Regional
Office's official hours of business are Monday through Friday, 8:30
a.m. to 4:30 p.m. excluding Federal holidays.
2. Electronic Access. You may access this Federal Register document
electronically through the regulations.gov Web site located at http://www.regulations.gov where you can find, review, and submit comments on
Federal rules that have been published in the Federal Register, the
Government's legal newspaper, and that are open for comment.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing at the EPA Regional Office,
as EPA receives them and without change, unless the comment contains
copyrighted material, CBI, or other information whose disclosure is
restricted by statute. When EPA identifies a comment containing
copyrighted material, EPA will provide a reference to that material in
the version of the comment that is placed in the official public
rulemaking file. The entire printed comment, including the copyrighted
material, will be available at the Regional Office for public
inspection.
B. How and to Whom Do I Submit Comments?
You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate rulemaking identification number by including the text
``Public comment on proposed rulemaking Region 5 Air Docket R05-OAR-
2005-IN-0003'' in the subject line on the first page of your comment.
Please ensure that your comments are submitted within the specified
comment period. Comments received after the close of the comment period
will be marked ``late.'' EPA is not required to consider these late
comments.
For detailed instructions on submitting public comments and on what
to consider as you prepare your comments see the ADDRESSES section and
the section I General Information of the SUPPLEMENTARY INFORMATION
section of the related proposed rule which is published in the Proposed
Rules section of this Federal Register.
II. Background
A. When Did the State Submit the Requested Rule Revisions to EPA?
IDEM submitted the requested rule revisions related to particulate
matter on February 18, 2005, followed by the update to the CFR
reference on February 21, 2005, and the addition of the credible
evidence provision on April 8, 2005.
B. Did Indiana Hold Public Hearings for Each of These Rule Revisions?
IDEM held public hearings for each of the three rule revisions that
were submitted: particulate matter, SO2 and NO2
ambient standards rule revision public hearings were held on May 5,
2004, and September 1, 2004; CFR rule revision public hearings were
held on February 5, 2003, April 16, 2003, and June 2, 2004; credible
evidence rule revision public hearings were held on September 1, 2004,
and November 3, 2004.
C. Did IDEM Receive Any Adverse Comments to These Changes?
IDEM did not receive any comments concerning 326 IAC 1-1-3
(regarding the CFR reference change) or 326 IAC 1-2 (regarding
particulate matter, SO2 and NO2 ambient
standards). IDEM did receive one comment concerning 326 IAC 1-1-6,
relating to credible evidence. In that case, the interested party did
not object to the promulgation of the rule, but stated that it would
retain the right to challenge the interpretation of the rule at some
time in the future.
III. What Are the Revisions That the State Requests Be Incorporated
Into the SIP?
The State has requested the following revisions: Changes to 326 IAC
1-2-52, ``Particulate Matter'' defined; the addition of 326 IAC 1-2-
52.2, ``PM2.5'' defined; the addition of 326 IAC 1-2-52.4,
``PM10'' defined; the addition of 326 IAC 1-2-82.5, ``Total
Suspended Particulate'' or ``TSP'' defined; changes to 326 IAC 1-3-4,
Ambient air quality standards; changes to 1-1-3, References to the Code
of Federal Regulations; and the addition of 326 IAC 1-1-6, ``Credible
evidence.'' The revisions are described in more detail below:
A. Particulate Matter Definitions and Ambient Air Quality Standards
Language
IDEM has made a number of revisions related to the federal fine
particulate matter standards. These are: Amending the definition for
``particulate matter'' at 326 IAC 1-2-52; adding a definition for
PM2.5 at 326 IAC 1-2-52.2; adding a definition of
PM10 at 326 IAC 1-2-52.4; and adding a definition of ``Total
Suspended Particulate'' or ``TSP'' at 326 IAC 1-2-82.5. Indiana also
made minor administrative revisions to the Ambient Air Quality
Standards section for PM10, SO2 and
NO2 at 326 IAC 1-3-4. In the same rule, Indiana added a
section stating the values of the primary and secondary standards for
PM2.5. These revisions and additions are patterned after
language in the revised federal standards at 40 CFR 50.6 and 50.7.
B. CFR Reference
The reference to the CFR was updated in 326 IAC 1-1-3 from the 2000
edition to the 2002 edition. This is solely an administrative change
that allows Indiana to reference the most current CFR.
C. Credible Evidence
IDEM is requesting the approval of 326 IAC 1-1-6 which adds
credible evidence provisions to state rules, consistent with the SIP
call published by EPA in 1997 (62 FR 8314). The language of this new
rule is patterned after the federal Credible Evidence rule at 40 CFR
51.212(c). The primary purpose of the Credible Evidence rule is to
clarify that non-reference test data can be used in enforcement
determinations and compliance certifications.
IV. What Action Is EPA Taking Today?
We are approving revisions to the Indiana SIP in three areas: (1)
To amend the definition of ``particulate matter,'' and ``ambient air
quality standards,'' add new rules consistent with these amended
definitions, and amend rules pertaining to SO2 and
NO2 ambient standards; (2) to update the references to the
Code of Federal Regulations (CFR) from the 2000 edition to the 2002
edition; and (3) to add credible evidence provisions into state rules
consistent with federal requirements.
We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the state plan if relevant adverse
written
[[Page 60737]]
comments are filed. This rule will be effective December 19, 2005,
without further notice unless we receive relevant adverse written
comments by November 18, 2005. If we receive such comments, we will
withdraw this action before the effective date by publishing a
subsequent document that will withdraw the final action. All public
comments received will then be addressed in a subsequent final rule
based on the proposed action. The EPA will not institute a second
comment period. Any parties interested in commenting on this action
should do so at this time. If we do not receive any comments, this
action will be effective December 19, 2005.
V. Statutory and Executive Order Reviews
Executive Order 12866; Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget.
Executive Order 13211: Actions That Significantly Affect Energy Supply,
Distribution, or Use
Because it is not a ``significant regulatory action'' under
Executive Order 12866 or a ``significant energy action,'' this action
is also not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001).
Regulatory Flexibility Act
This action merely approves state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this rule will not have a significant economic impact on a substantial
number of small entities under the Regulatory Flexibility Act (5 U.S.C.
601 et seq.).
Unfunded Mandates Reform Act
Because this rule approves pre-existing requirements under state
law and does not impose any additional enforceable duty beyond that
required by state law, it 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).
Executive Order 13175 Consultation and Coordination With Indian Tribal
Governments
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (59
FR 22951, November 9, 2000).
Executive Order 13132 Federalism
This action also does not have Federalism implications because it
does not have substantial direct effects on the states, on the
relationship between the national government and the states, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). This action merely approves a state rule implementing a
federal standard, and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act.
Executive Order 13045 Protection of Children From Environmental Health
and Safety Risks
This rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.
National Technology Transfer Advancement Act
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
state to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply.
Paperwork Reduction Act
This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
Congressional Review Act
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 rule 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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 19, 2005. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Dated: September 23, 2005.
Norman Niedergang,
Acting Regional Administrator, Region 5.
0
For the reasons stated in the preamble, part 52, chapter I, of title 40
of the Code of Federal Regulations is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart P--Indiana
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2. Section 52.770 is amended by adding paragraph (c)(170) to read as
follows:
Sec. 52.770 Identification of plan.
* * * * *
[[Page 60738]]
(c) * * *
(170) The Indiana Department of Environmental Management submitted
revisions to Indiana's State Implementation plan on February 18, 2005,
February 21, 2005, and April 8, 2005. Revisions to 326 IAC 1-2-52, 326
IAC 1-2-82.5, and 326 IAC 1-3-4 amend the definition of ``particulate
matter'' to include the definition of PM2.5 and amends the
section that specifies the national ambient air quality standards.
Revisions to 326 IAC 1-1-3 and 326 IAC 1-1-6 update the references to
the Code of Federal Regulations (CFR) from the 2000 edition to the 2002
edition and add ``credible evidence provisions'' into state rules
consistent with federal requirements, respectively.
(i) Incorporation by reference. The following sections of the
Indiana Administrative Code are incorporated by reference.
(A) Indiana Administrative Code Title 326: Air Pollution Control
Board, Article 1: General Provisions, Rule 2: Definitions, Section 52:
`` `Particulate matter' '' defined,'' Section 52.2: ``
`PM2.5' defined,'' Section 52.4:`` `PM10'
defined,'' Section 82.5: `` `Total suspended particulate' or `TSP'
defined.'' Indiana Administrative Code Title 326: Air Pollution Control
Board, Article 1: General Provisions, Rule 3: Ambient Air Quality
Standards, Section 4: ``Ambient air quality standards.'' Filed with the
Secretary of State on December 20, 2004 and effective on January 19,
2005. Published at Indiana Register, Volume 28, Number 5, February 1,
2005 (28 IR 1471-1473).
(B) Indiana Administrative Code Title 326: Air Pollution Control
Board, Article 1: General Provisions, Rule 1: Provisions Applicable
Throughout Title 326, Section 3: ``References to the Code of Federal
Regulations.'' Filed with the Secretary of State on August 26, 2004 and
effective on September 25, 2004. Published at Indiana Register, Volume
28, Number 1, October 1, 2004 (28 IR 17).
(C) Indiana Administrative Code Title 326: Air Pollution Control
Board, Article 1: General Provisions, Rule 1: Provisions Applicable
Throughout Title 326, Section 6: ``Credible evidence.'' Filed with the
Secretary of State on February 14, 2005 and effective on March 16,
2005. Published at Indiana Register, Volume 28, Number 7, April 1, 2005
(28 IR 2045).
[FR Doc. 05-20819 Filed 10-18-05; 8:45 am]
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