[Federal Register Volume 70, Number 185 (Monday, September 26, 2005)]
[Rules and Regulations]
[Pages 56129-56132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19065]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[R05-OAR-2005-IN-0004; FRL-7972-6]
Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; Indiana; Lake County Sulfur
Dioxide Regulations, Redesignation and Maintenance Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
for the control of sulfur dioxide (SO2) emissions in Lake
County, Indiana. The SIP revision submitted by the Indiana Department
of Environmental Management (IDEM) amends 326 Indiana Administrative
Code (IAC) Article 7. Indiana's revised SO2 rule consists of
changes to 326 IAC 7-4 which sets forth facility-specific
SO2 emission limitations and recordkeeping requirements for
Lake County. The rule revision also reflects updates to company names,
updates to emission limits currently in permits, deletion of facilities
that are already covered by natural gas limits, and other corrections
and updates. Due to changes in section numbers, references to citations
in other parts of the rule have also been updated. EPA is also
approving a request to redesignate the Lake County nonattainment area
to attainment of the SO2 National Ambient Air Quality
Standards (NAAQS). In conjunction with these actions, EPA is also
approving the maintenance plan for the Lake County nonattainment area
to ensure that attainment of the NAAQS will be maintained. The SIP
revision, redesignation request and maintenance plan are approvable
because they satisfy the requirements of the Clean Air Act (Act).
DATES: This final rule is effective on October 26, 2005.
ADDRESSES: EPA has established a docket for this action under Regional
Material in EDocket (RME) Docket ID No. R05-OAR-2005-IN-0004. All
documents in the docket are listed in the RME index at http://docket.epa.gov/rmepub/, once in the system, select ``quick search,''
then key in the appropriate RME Docket identification number. Although
listed in the index, some information is not publicly available, i.e.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute.
[[Page 56130]]
Certain other material, such as copyrighted material, is not placed on
the Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available either electronically
in RME or in hard copy at the Environmental Protection Agency, Region
5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago,
Illinois 60604. We recommend that you telephone Christos Panos,
Environmental Engineer, at (312) 353-8328 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: Christos Panos, Environmental
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J),
U.S. Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 353-8328.
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplemental information
section is arranged as follows:
I. What Is the Background for This Action?
II. What Comments Did We Receive on the Proposed Action?
III. What Action Is EPA Taking Today?
IV. Statutory and Executive Order Reviews
I. What Is the Background for This Action?
On July 29, 2005 (70 FR 43820) EPA proposed to approve into the
Indiana SIP SO2 emission limitations applicable in Lake
County, Indiana. Specifically, EPA proposed to approve amendments to
rules 326 IAC 7-1.1-1, 326 IAC 7-1.1-2, 326 IAC 7-2-1, and newly
created 326 IAC 7-4.1. The revised rules were adopted by the Indiana
Air Pollution Control Board on March 2, 2005, and were submitted by
IDEM to EPA on April 8, 2005. IDEM submitted a supplement to its
submission on July 6, 2005, indicating that the revised rules became
effective June 24, 2005, and were published in the Indiana Register on
July 1, 2005. EPA proposed to approve the SO2 redesignation
request submitted by the State of Indiana on June 21, 2005 to
redesignate the Lake County SO2 nonattainment area to
attainment of the SO2 NAAQS. IDEM submitted a supplement to
its submission on August 11, 2005, indicating that the State's public
comment period concluded on July 29, 2005, and that no comments were
received. Finally, EPA proposed to approve the maintenance plan
submitted for this area.
EPA proposed this action because the State's submittal for the Lake
County SO2 nonattainment area met the requirements of the
Act. The revised rules amend SO2 requirements for many
sources in the nonattainment area, and reflect a reduction of over
30,000 tons of SO2 per year of allowable emissions compared
to the emission limits in the previously approved 1989 SIP. The SIP
revision provides for attainment and maintenance of the SO2
NAAQS and satisfies the requirements of part D of the Act applicable to
SO2 nonattainment areas. Further, EPA proposed to approve
the maintenance plan and redesignation of the Lake County
SO2 nonattainment area to attainment because the State has
met the redesignation and maintenance plan requirements of the Act. A
more detailed explanation of how the State's submittal meets these
requirements is contained in our July 29, 2005 proposal.
II. What Comments Did We Receive on the Proposed Action?
EPA provided a 30-day review and comment period on the proposal
published in the Federal Register on July 29, 2005 (70 FR 43820). We
received no comments on our proposed rulemaking.
III. What Action Is EPA Taking Today?
EPA is approving the SIP revision for the control of SO2
emissions in Lake County, Indiana, as requested by the State on April
8, 2005, and supplemented on July 6, 2005. The revision consists of the
amended rule at 326 Indiana Administrative Code (IAC) Article 7. In
this rule, the requirements in the Table in 326 IAC 7-4-1.1 have been
divided into separate sections for each facility for clarity and ease
of future rule actions. The new rule, 326 IAC 7-4.1, replaces 326 IAC
7-4-1.1, which will be repealed. Because the State has complied with
the requirements of section 107(d)(3)(E) of the Act, EPA is also
approving the redesignation of the Lake County nonattainment area to
attainment of the SO2 NAAQS, as requested by the State on
June 21, 2005. In conjunction with these actions, EPA is also approving
Indiana's maintenance plan for the Lake County SO2
nonattainment area as a SIP revision because it meets the requirements
of section 175A of the Act.
IV. 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 Concerning Regulations 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 (65
FR 67249, 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.
[[Page 56131]]
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 November 25, 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
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur oxides.
40 CFR Part 81
Air pollution control, National parks, Wilderness areas.
Dated: September 13, 2005.
Bharat Mathur,
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
0
2. Section 52.770 is amended by adding paragraph (c)(172) to read as
follows:
Sec. 52.770 Identification of plan.
* * * * *
(c) * * *
(172) On April 8, 2005, and as supplemented on July 6, 2005,
Indiana submitted a State Implementation Plan (SIP) revision for the
control of sulfur dioxide (SO2) emissions in Lake County,
Indiana. The SIP revision submitted by the Indiana Department of
Environmental Management (IDEM) amends 326 Indiana Administrative Code
(IAC) Article 7. Indiana's revised SO2 rule consists of
changes to 326 IAC 7-4 which sets forth facility-specific
SO2 emission limitations and recordkeeping requirements for
Lake County. The rule revision also reflects updates to company names,
updates to emission limits currently in permits, deletion of facilities
that are already covered by natural gas limits, and other corrections
and updates. Due to changes in section numbers, references to citations
in other parts of the rule have also been updated.
(i) Incorporation by reference.
(A) Amendments to Indiana Administrative Code Title 326: Air
Pollution Control Board, Article 7 SULFUR DIOXIDE RULES, Rule 1.1
Sulfur Dioxide Emission Limitations, sections 326 IAC 7-1.1-1,
``Applicability'', 326 IAC 7-1.1-2 ``Sulfur Dioxide Emission
Limitations'', and 326 IAC 7-2-1 ``Reporting Requirements: Methods to
Determine Compliance''; newly created 326 IAC 7-4.1, ``Lake County
Sulfur Dioxide Emission Limitations'', adopted by the Indiana Air
Pollution Control Board on March 2, 2005. Filed with the Secretary of
State May 25, 2005, effective June 24, 2005.
0
3. Section 52.795 is amended by adding a new paragraph (h) to read as
follows:
Sec. 52.795 Control strategy: sulfur dioxide.
* * * * *
(h) Approval--On June 21, 2005, and as supplemented on August 11,
2005, the State of Indiana submitted a request to redesignate the Lake
County sulfur dioxide (SO2) nonattainment area to attainment
of the NAAQS. In its submittal, the State also requested that EPA
approve the maintenance plan for the area into the Indiana
SO2 SIP. The redesignation request and maintenance plan
satisfy all applicable requirements of the Clean Air Act.
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. Section 81.315 is amended by revising the entry for Lake County in
the table entitled ``Indiana--SO2'' to read as follows:
Sec. 81.315 Indiana.
* * * * *
[[Page 56132]]
Indiana--SO2
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Does not meet Does not meet Better than
Designated area primary secondary Cannot be national
standards standards classified standards
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Lake County.................................... .............. .............. .............. X
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[FR Doc. 05-19065 Filed 9-23-05; 8:45 am]
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