[Federal Register Volume 71, Number 210 (Tuesday, October 31, 2006)]
[Rules and Regulations]
[Pages 63699-63701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-18169]
[[Page 63699]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2006-0539, EPA-R05-OAR-2006-0610; FRL-8224-3]
Approval and Promulgation of Air Quality Implementation Plans;
Indiana
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving requests submitted by the Indiana Department
of Environmental Management (IDEM) on December 21, 2005 and June 27,
2006 to revise the Indiana State Implementation Plan (SIP) in two
areas: to amend 326 IAC 1-3-4, ambient air quality standards, to
provide consistency between State and Federal reference conditions for
measurements of particulate matter air quality; and to update the
references to the Code of Federal Regulations (CFR) from the 2002
edition to the 2004 edition.
DATES: This rule is effective on January 2, 2007, unless EPA receives
adverse written comments by November 30, 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 your comments, identified by Docket ID No. EPA-R05-
OAR-2006-0539, EPA-R05-OAR-2006-0610 by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: [email protected].
Fax: (312)886-5824.
Mail: John M. Mooney, Chief, Criteria Pollutant Section,
Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77
West Jackson Boulevard, Chicago, Illinois 60604.
Hand Delivery: John M. Mooney, Chief, Criteria Pollutant
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 No. EPA-R05-OAR-
2006-0539, EPA-R05-OAR-2006-0610. EPA's policy is that all comments
received will be included in the public docket without change and may
be made available online at http://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 e-mail. The www.regulations.gov website 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 e-mail comment directly to EPA without
going through http://www.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
this document.
Docket: All documents in the docket are listed in the http://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 http://www.regulations.gov or in hard copy at the 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 legal
holidays. We recommend that you telephone Jonathan Nichols, Life
Scientist, at (312) 353-7942 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Jonathan Nichols, Life Scientist,
Criteria Pollutant Section, Air Programs Branch (AR-18J), 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. What Should I Consider as I Prepare My Comments for EPA?
A. Submitting CBI
B. Tips for Preparing Your Comments
II. Background
A. When Did the State Submit the Requested Rule Revisions to
EPA?
B. Did Indiana Hold Public Hearings for Each of These Rule
Revisions?
III. What Are the Revisions That the State Requests Be Incorporated
Into the SIP?
A. CFR Reference
B. Reference Conditions for PM Measurements
IV. What Action Is EPA Taking Today?
V. Statutory and Executive Order Reviews
I. What Should I Consider as I Prepare My Comments for EPA?
A. Submitting CBI
Do not submit this information to EPA through http://www.regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance
with procedures set forth in 40 CFR part 2.
B. Tips for Preparing Your Comments
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--The 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
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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. Background
A. When Did the State Submit the Requested Rule Revisions to EPA?
IDEM submitted the requested rule revisions related to an update to
the CFR reference on December 21, 2005, followed by the update
providing consistency between State and Federal particulate matter
reference conditions on June 27, 2006.
B. Did Indiana Hold Public Hearings for Each of These Rule Revisions?
IDEM held public hearings for both of the rule revisions that were
submitted: particulate matter reference condition standards rule
revision public hearings were held on October 5, 2005, and December 7,
2005; and CFR reference update public hearings were held on February 2,
2005 and June 1, 2005. IDEM did not receive any comments concerning
either rule revision.
III. What Are the Revisions That the State Requests Be Incorporated
Into the SIP?
The State has requested the following revisions: Changes to 1-1-3,
References to the Code of Federal Regulations; and changes to 326 IAC
1-3-4, to provide consistency between State and Federal particulate
matter measurement reference standards. The revisions are described in
more detail below.
A. CFR Reference
The reference to the CFR was updated in 326 IAC 1-1-3 from the 2002
edition to the 2004 edition. This is solely an administrative change
that allows Indiana to reference a more current CFR.
B. Reference Conditions for PM Measurement
IDEM is requesting the amendment of 326 IAC 1-3-4, ambient air
quality standards, to provide consistency between State (326 IAC 1-3-4)
and Federal (40 CFR 50.3) reference conditions for measurements of
particulate matter air quality.
In 1997, EPA promulgated revised particulate matter national
ambient air quality standard revisions at 40 CFR part 50 for both
PM10 (coarse particulate matter) and PM2.5 (fine particulate
matter). Measurement of both standards was to be reported based on
ambient air volume measured at the actual ambient temperature and
pressure at the monitoring site during the measurement period. The
Indiana Air Pollution Control Board adopted these standards on
September 1, 2004.
As a result of litigation over the 1997 standards in which the
PM10 standard was vacated, EPA revised 40 CFR 50.3 on July
30, 2004 (69 FR 45592, 45595).\1\ It now reflects the former standard
reference conditions, i.e., 25 degrees Celsius (temperature) and 760
millimeters of mercury (1,013.2 millibars) (pressure) for
PM10. The submitted revisions to 326 IAC 1-3-4 should ensure
that specified reference measurement conditions in the Indiana SIP are
consistent with 40 CFR 50.3, as revised.
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\1\ See American Trucking Associations, Inc. v. EPA, 175 F.3d
(D.C. Cir. 1999); affirmed inpart, reversed in part, 531 U.S. 457
(2001).
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IV. What Action Is EPA Taking Today?
We are approving revisions to the Indiana SIP in two areas:
(1) To amend 326 IAC 1-3-4, ambient air quality standards, to
provide consistency between State (326 IAC 1-3-4) and Federal (40 CFR
50.3) reference conditions for measurements of particulate matter air
quality; and (2) to update the references to the Code of Federal
Regulations (CFR) from the 2002 edition to the 2004 edition.
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 January 2, 2007
without further notice unless we receive relevant adverse written
comments by November 30, 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 January 2, 2007.
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
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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.
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 January 2, 2007. 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, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: September 14, 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)(177) to read as
follows:
Sec. 52.770 Identification of plan.
* * * * *
(c) * * *
(177) The Indiana Department of Environmental Management submitted
revisions to Indiana's State Implementation plan on December 21, 2005,
and June 27, 2006. Revisions to 326 IAC 1-3-4 provide consistency
between State (326 IAC 1-3-4) and Federal (40 CFR 50.3) reference
conditions for measurements of particulate matter air quality; and
amendments to 326 IAC 1-1-3 update the references to the Code of
Federal Regulations (CFR) from the 2002 edition to the 2004 edition.
(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 1: Provisions Applicable
Throughout Title 326, Section 3: References to the Code of Federal
Regulations. Filed with the Secretary of State on October 14, 2005 and
effective on November 13, 2005. Published at Indiana Register, Volume
29, Number 3, December 1, 2005 (29 IR 795).
(B) 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 March 6, 2006 and effective on April 5, 2006.
Published at Indiana Register, Volume 29, Number 7, April 1, 2006 (29
IR 2179).
[FR Doc. E6-18169 Filed 10-30-06; 8:45 am]
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