[Federal Register Volume 71, Number 55 (Wednesday, March 22, 2006)]
[Rules and Regulations]
[Pages 14383-14386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-2694]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2006-0124, FRL-8040-6]
Approval and Promulgation of Air Quality Implementation Plans;
Indiana
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is approving a request from the Indiana Department of
Environmental Management (IDEM) to revise the Indiana State
Implementation Plan (SIP). The revision consists of the repeal of 326
IAC 6-1, and its replacement by new articles 326 IAC 6.5 and 326 IAC
6.8. 326 IAC 6.5 contains particulate matter emission limitations for
sources in all counties in Indiana, with the exception of Lake County.
Sources located in Lake County are addressed in 326 IAC 6.8. The
revision does not change any control requirements or any other
provisions in 326 IAC 6-1.
DATES: This rule is effective on May 22, 2006, unless EPA receives
adverse written comments by April 21, 2006. 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. EPA-R05-OAR-2006-0124, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov. Follow the
on-line 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 on-line 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.
[[Page 14384]]
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. EPA-R05-OAR-2006-
0124. 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 Jonathan Nichols, Life Scientist, at
(312) 353-7942 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: Jonathan Nichols, Life Scientist,
Criteria Pollutant Section, Air Programs Branch (AR-18J), U.S.
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353-7942, [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. EPA-R05-
OAR-2006-0124, 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 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 EPA-R05-
OAR-2006-0124'' 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 emissions limitations on September 1, 2005.
B. Did Indiana hold public hearings for each of these rule revisions?
IDEM held public hearings for the rule revisions that were
submitted on
[[Page 14385]]
January 5, 2005, February 2, 2005, and May 4, 2005.
C. Did IDEM receive any adverse comments to these changes?
IDEM did not receive any comments concerning 326 IAC 6-1 (regarding
repealing the rule), or 326 IAC 6.5 and 326 IAC 6.8 (regarding the new
articles).
III. What are the revisions that the State requests be incorporated
into the SIP?
The State has requested the following revisions: the repeal of 326
IAC 6-1; the addition of 326 IAC 6.5, Particulate Matter Limitations
for each county with the exception of Lake County; and the addition of
326 IAC 6.8, Particulate Matter Limitations for Lake County. This
revision renumbers and simplifies the organizational structure of the
rule. The revision does not change any control requirements or any
other provisions in 326 IAC 6-1. The revisions are described in more
detail below:
Particulate Matter Organizational Changes
IDEM has made a few revisions related to the particulate matter
rule. These are: repealing 326 IAC 6-1; adding particulate matter
limitations for each county, with the exception of Lake County at 326
IAC 6.5; and adding particulate matter emissions limitations for Lake
County at 326 IAC 6.8. IDEM has done this in order to streamline future
rule amendment processes by having a separate section for each company.
This rule eliminates the submittal of hundreds of pages of paper for
one emission limit amendment.
IV. What action is EPA taking today?
We are approving revisions to the Indiana SIP in one area: to
repeal 326 IAC 6-1, and to replace it with 326 IAC 6.5 ``Particulate
Matter Limitations for all counties with the exception of Lake
County,'' and 326 IAC 6.8 ``Particulate Matter Limitations for Lake
County.''
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 comments are filed. This rule will be effective May 22, 2006
without further notice unless we receive relevant adverse written
comments by April 21, 2006. 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 May 22, 2006.
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
[[Page 14386]]
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.
section 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 May 22, 2006. 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, Incorporation by
reference, Particulate matter, Reporting and recordkeeping
requirements.
Dated: February 17, 2006.
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
0
2. Section 52.770 is amended by adding paragraph (c)(173) to read as
follows:
Sec. 52.770 Identification of plan.
* * * * *
(c) * * *
(173) The Indiana Department of Environmental Management submitted
amendments to Indiana's State Implementation Plan on September 1, 2005.
The amendments include the repeal of 326 IAC 6-1, which is replaced
with new articles 326 IAC 6.5, ``Particulate Matter Limitations for all
Counties Except Lake County'' and 326 IAC 6.8, ``Particulate Matter
Limitations for Lake County.''
(i) Incorporation by reference. The following sections of the
Indiana Administrative Code are incorporated by reference.
(A) Amendments to Indiana Administrative Code Title 326: Air
Pollution Control Board, Article 6.5 Particulate Matter Limitations
Except Lake County, and Article 6.8 Particulate Matter Limitations For
Lake County. Adopted by the Indiana Air Pollution Control Board on May
4, 2005. Filed with the Secretary of State on August 10, 2005 and
effective on September 9, 2005. Published at Indiana Register, Volume
28, Number 12, September 1, 2005 (3454).
[FR Doc. 06-2694 Filed 3-21-06; 8:45 am]
BILLING CODE 6560-50-P