[Federal Register Volume 72, Number 116 (Monday, June 18, 2007)]
[Rules and Regulations]
[Pages 33395-33397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-11571]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2004-IN-0006; FRL-8327-1]
Approval and Promulgation of Air Quality Implementation Plans;
Indiana; NSR Reform Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: On July 10, 2006, EPA proposed partial approval of revisions
to Indiana's prevention of significant deterioration (PSD) and
nonattainment new source review (NSR) construction permit programs. EPA
received comments on this proposal on August 9, 2006. An adverse
comment regarding the inclusion of hazardous air pollutants (HAPs) in
Indiana's PSD rules was received. Subsequently, on January 17, 2007,
the Indiana Department of Environmental Management (IDEM) requested the
withdrawal of the portion of this submittal pertaining to HAPs. EPA is
partially approving the portions of the Indiana rule that were proposed
for approval on July 10, 2006 and were not withdrawn on January 17,
2007. As noted in the July 10, 2006, notice, we are not taking action
on the Clean Unit and Pollution Control Project (PCP) portions of the
Indiana rule.
DATES: This final rule is effective on July 18, 2007.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2004-IN-0006. 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 Sam Portanova,
Environmental Engineer, at (312) 886-3189 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT: Sam Portanova, Environmental Engineer,
Air Permits Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 886-3189, [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 Is EPA Addressing in This Document?
II. What Comments Did EPA Receive and What Are EPA's Responses?
III. What Action Is EPA Taking?
IV. Statutory and Executive Order Reviews
I. What Is EPA Addressing in This Document?
We are partially approving revisions to Indiana's PSD and
nonattainment NSR construction permit programs. In our July 10, 2006,
proposed partial approval (71 FR 38824), we discussed the history of
Indiana's PSD and nonattainment NSR programs, the contents of the
State's submission, and our analysis. Please consult that document for
further information on this submittal.
EPA received comments on this proposal on August 9, 2006. The
Alliance of Automobile Manufacturers (``the Alliance'') and the Air
Permitting Forum (``the Forum'') urged EPA to partially disapprove the
subsections of the definition of ``regulated NSR pollutant'' that
reference HAPs listed under section 112 of the Clean Air Act (the Act).
On January 17, 2007, IDEM submitted a letter requesting the
withdrawal of 326 IAC 2-2-1(uu)(5) from the state implementation plan
(SIP) submittal, thus removing the references to HAPs from the
definition of ``regulated NSR
[[Page 33396]]
pollutant.'' EPA is, therefore, taking no action on 326 IAC 2-2-
1(uu)(5) and approving the remaining portions of the Indiana submittal
proposed for approval on July 10, 2006.
II. What Comments Did EPA Receive and What Are EPA's Responses?
We received comments from the CASE Coalition, the Indiana
Manufacturers Association, and Eli Lilly and Company supporting our
July 10, 2006, proposal to partially approve the Indiana rules. Since
these were not adverse comments, no further EPA response is necessary.
As mentioned above, we also received a comment from the Alliance and
the Forum asking EPA to partially disapprove the inclusion of HAPs in
Indiana's PSD rules. The following is our response to this adverse
comment.
Indiana included a new definition--``regulated NSR pollutant''--in
its ``NSR Reform'' regulations. This definition is consistent with the
definition in the federal rules, except that IDEM added a paragraph at
326 IAC 2-2-1(uu)(5) to reference HAPs from the existing state rules.
On July 10, 2006, we proposed approval of the definition of ``regulated
NSR pollutant'' as part of our proposed partial approval of Indiana's
rules. In this proposal, we cited the preamble of the December 31,
2002, NSR rulemaking (67 FR 80240) as part of our justification:
According to the preamble to the December 31, 2002, NSR
rulemaking (67 FR 80240), ``State and local agencies with an
approved PSD program may continue to regulate the HAP now exempted
from federal PSD by section 112(b)(6) if their PSD regulations
provide an independent basis to do so. These State and local rules
remain in effect unless they are revised to provide similar
exemptions.'' Indiana has included these HAP pollutants in its State
PSD rules since prior to the 1990 amendments to the Act, which added
the 112(b) HAP exemption. Therefore, Indiana may continue regulating
these pollutants in its PSD rules.
The Alliance and the Forum questioned this position, asserting that
section 112(b)(6) of the Act contains a prohibition on the application
of PSD to these pollutants. After consideration of this comment, EPA
agrees that Indiana's history of inclusion of HAPs in its PSD rules, by
itself, does not serve as a sufficient ``independent basis'' for the
approval of these pollutants in this SIP submittal. IDEM's letter of
January 17, 2007, requesting the withdrawal of 326 IAC 2-2-1(uu)(5)
from this SIP submittal, removes all references to HAPs from this SIP
submittal. As such, EPA is taking no action on 326 IAC 2-2-1(uu)(5),
and is approving the remaining portions of the Indiana submittal that
were proposed for approval on July 10, 2006.
III. What Action Is EPA Taking?
EPA is approving into the Indiana SIP the revisions to Indiana's
PSD and NSR construction permits program submitted by IDEM on September
2, 2004. The revisions meet the minimum program requirements of the
December 31, 2002, EPA NSR Reform rulemaking. As requested in IDEM's
October 25, 2005, letter to EPA, we are not taking action on the Clean
Unit and PCP provisions of Indiana's rule. As also requested in IDEM's
January 17, 2007, letter to EPA, we are not taking action on 326 IAC 2-
2-1(uu)(5).
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.
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 approves a state rule implementing a
Federal Standard.
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.).
[[Page 33397]]
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 August 17, 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: May 31, 2007.
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)(181) to read as
follows:
Sec. 52.770 Identification of plan.
* * * * *
(c) * * *
(181) On September 2, 2004, Indiana submitted modifications to its
Prevention of Significant Deterioration and nonattainment New Source
Review rules as a revision to the state implementation plan. On October
25, 2005, and January 17, 2007, Indiana submitted revisions to the
September 2, 2004 submittal.
(i) Incorporation by reference.
(A) Title 326 of the Indiana Administrative Code, Rules 2-1.1-7, 2-
2-1(a) through (l), 2-2-1(n) through (kk), 2-2-1(mm) through (tt), 2-2-
1(uu)(1) through (4), 2-2-1(vv) through (aaa), 2-2-2(a) through (d)(4),
2-2-2(d)(6) through (e), 2-2-2(g) through (i), 2-2-3, 2-2-4, 2-2-5(a),
2-2-5(c) through (e), 2-2-6, 2-2-8, 2-2.4, 2-3-1(a) through (i), 2-3-
1(k) through (ff), 2-3-1(hh) through (uu), 2-3-2(a) through (c)(4), 2-
3-2(c)(6) through (k), 2-3-2(m), 2-3-3(a) through (b)(11), 2-3-
3(b)(14), 2-3.4, 2-5.1-4. Filed with the Secretary of State on August
10, 2004, effective September 10, 2004. Published in the Indiana
Register on September 1, 2004 (27 IR 3887).
[FR Doc. E7-11571 Filed 6-15-07; 8:45 am]
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