[Federal Register Volume 72, Number 189 (Monday, October 1, 2007)]
[Rules and Regulations]
[Pages 55664-55666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-19217]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2006-0540; FRL-8472-4]
Approval and Promulgation of Air Quality Implementation Plans;
Indiana; Oxides of Nitrogen Regulations, Phase II
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The EPA is approving Indiana's oxides of nitrogen
(NOX) rules which satisfy the requirements of EPA's
NOX SIP Call Phase II Rule (the Phase II Rule). EPA is
approving these regulations based on Indiana's demonstration that they
will result in the achievement of the Phase II budget through source
compliance with rules affecting stationary internal combustion (IC)
engines which are identified in the NOX plan submittal.
Limiting NOX emissions from IC engines will enable the State
to meet the Phase II incremental difference of 4,244 tons
[[Page 55665]]
during the ozone season, thereby improving air quality and protecting
the health of Indiana citizens. EPA is also approving other changes to
Indiana's NOX rules. These are minor clerical corrections
and changes in definitions made by Indiana to conform to the revisions
made by EPA in the Phase II Rule.
DATES: This final rule is effective on October 31, 2007.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2006-0540. All documents in the docket are listed on
the www.regulations.gov Web site. 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. 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 through 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
Federal holidays. We recommend that you telephone John Paskevicz,
Engineer, at (312) 886-6084 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: John Paskevicz, Engineer, Criteria
Pollutant Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 886-6084, [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 action is being taken by EPA?
II. Is my IC engine subject to these regulations?
III. Why is the Indiana IC engine program approvable?
IV. Statutory and Executive Order Reviews
I. What action is being taken by EPA?
We are approving the Phase II Rule, submitted by Indiana on March
8, 2006 and supplemented on June 22, 2006, to control NOX
emissions from IC engines in Indiana. EPA proposed to approve the Phase
II Rule on May 30, 2007 (72 FR 29897), and received no comments.
Indiana's Phase II Rule is consistent with the NOX SIP
Call Technical Amendments published in the Federal Register dated April
21, 2004, (69 FR 21604). The State has shown, through its budget
demonstration, that it can achieve the Phase II budget increment
through source compliance with the State's rules affecting IC engines
and the State's permitting program. Meeting the Phase II budget
increment and the Phase I increment means the State will meet its total
overall ozone season NOX budget and bring about reductions
in ozone concentrations in the State and downwind from Indiana.
EPA is also approving other changes to Indiana's NOX
SIP. These other changes are minor clerical corrections and changes in
definitions to conform to the changes made by EPA in the NOX
Phase II Rule.
II. Is my IC engine subject to these regulations?
New rule 326 IAC 10-5 applies to any person who owns or operates a
large stationary reciprocating IC engine or other smaller stationary IC
engines that are included in a compliance plan. A large IC engine is
defined as an engine that emits more than one ton of NOX per
ozone season day, based on operation during the 1995 ozone season.
Pipeline energy companies are the major users of large IC engines and
the State developed its budget demonstration based on control of
engines used in this energy transport industry.
III. Why is the Indiana IC engine program approvable?
The Indiana IC engine program is approvable because implementation
of the program will result in reduction of NOX and meet the
cap in emissions for units in this source category. The Indiana program
meets the Phase II incremental difference of 4,244 tons per ozone
season, as specified in the April 21, 2004 Federal Register (69 FR
21604).
The minor amendments to 326 IAC 10-3 and 326 IAC 10-4 are also
approvable as they clarify regulatory language and correct various
clerical errors. They also incorporate changes applicable to EGUs and
non-EGUs, made in accordance with EPA's Phase II Rule, including the
definitions of ``EGU'' and ``non-EGU'' as applied to co-generation
units.
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 regulatory 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 (CAA).
[[Page 55666]]
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 CAA. 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 CAA. 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 30, 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, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements.
Dated: September 17, 2007.
Walter W. Kovalick, Jr.,
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]
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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)(184) to read as
follows:
Sec. 52.770 Identification of plan.
* * * * *
(c) * * *
(184) Indiana Department of Environmental Management submitted
amendments to the State Implementation Plan to control nitrogen oxide
emissions from internal combustion engines in 326 Indiana
Administrative Code (IAC) 10-5 and corrections to 326 IAC 10-3-3 and
326 IAC 10-4 on March 8, 2006.
(i) Incorporation by reference. The following sections of the
Indiana Administrative Code (IAC) are incorporated by reference.
(A) Title 326: Air Pollution Control Board, Article 10: Nitrogen
Oxides Rules, Rule 3: Nitrogen Oxide Reduction Program for Specific
Source Categories, Section 3: Emissions limits. Filed with the
Secretary of State on January 27, 2006, effective February 26, 2006.
Published in the Indiana Register on March 1, 2006 (29 IR 1876).
(B) Title 326: Air Pollution Control Board, Article 10: Nitrogen
Oxides Rules, Rule 4: Nitrogen Oxides Budget Trading Program, Section
1: Applicability, Section 2: Definitions, Section 3: Retired unit
exemption, Section 9: NOX allowance allocations, Section 13:
Individual opt-ins, Section 14: NOX allowance banking, and
Section 15: Compliance supplement pool. Filed with the Secretary of
State on January 27, 2006, effective February 26, 2006. Published in
the Indiana Register on March 1, 2006 (29 IR 1877).
(C) Title 326: Air Pollution Control Board, Article 10: Nitrogen
Oxides Rules, Rule 5: Nitrogen Oxide Reduction Program for Internal
Combustion Engines (ICE). Filed with the Secretary of State on January
27, 2006, effective February 26, 2006. Published in the Indiana
Register on March 1, 2006 (29 IR 1899).
[FR Doc. E7-19217 Filed 9-28-07; 8:45 am]
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