[Federal Register Volume 72, Number 60 (Thursday, March 29, 2007)]
[Rules and Regulations]
[Pages 14678-14681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5655]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2006-0774; FRL-8284-5]
Approval and Promulgation of Air Quality Implementation Plans;
Indiana
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The EPA is approving revisions to Indiana's State
Implementation Plan (SIP) submitted on August 25, 2006, revising its
existing emission reporting rule to be consistent with the emission
statement program requirements for stationary sources in the Clean Air
Act (CAA). The rationale for approval and other information are
provided in this rulemaking action.
DATES: This direct final rule will be effective May 29, 2007, unless
EPA receives adverse comments by April 30, 2007. If adverse comments
are received, EPA will publish a timely withdrawal of
[[Page 14679]]
the direct final rule in the Federal Register informing the public that
the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2006-0774, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: [email protected].
3. Fax: (312) 886-5824.
4. 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.
5. 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-
2006-0774. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
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 Web site 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 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
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 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 Charles Hatten, Environmental Engineer, at
(312) 886-6031 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Charles Hatten, Environmental
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886-6031, [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
II. What Is Required by the Clean Air Act and How Does It Apply to
Indiana?
III. What Change Is Indiana Requesting?
IV. What Action Is EPA Taking?
V. Statutory and Executive Order Reviews
I. General Information
This rulemaking applies to stationary sources located in ozone
nonattainment areas. It requires sources to submit emission statement
data to the Indiana Department of Environmental Management (IDEM) on an
annual basis. This collected emission data can help the IDEM develop a
complete and accurate emission inventory for air quality planning
purposes at the State, and also meet EPA emission reporting
requirements.
II. What Is Required by the Clean Air Act and How Does It Apply to
Indiana?
Emission Statements (Annual Reporting)
Section 182(a)(3)(B) of the CAA requires each state to submit
revisions to its State implementation plan (SIP) to require that the
owner or operator of each stationary source of oxides of nitrogen
(NOX) and volatile organic compounds (VOCs) in nonattainment
areas prepare and submit emission statements each year showing actual
emissions of those pollutants. This requirement applies to all ozone
nonattainment areas covered under subpart 2 of part D of Title I of the
CAA, regardless of classification (marginal, moderate, etc.) In such
nonattainment areas, facilities which emit VOC or NOX (on a
plant-wide basis) in amounts of 25 tons per year or more into the
ambient air must submit an emission statement to the State.
On June 10, 2002 (67 FR 39602), EPA amended the list of pollutants
to be reported on emission statements, adding particulate matter with
an aerodynamic diameter less than or equal to 2.5 micrometers (PM 2.5)
and ammonia (NH3).
On April 30, 2004, EPA published its Phase 1 rule to implement the
8-hour ozone National Ambient Air Quality Standard (NAAQS) (69 FR
23951). On this same date, EPA set forth nonattainment and attainment
designations for the 8-hour ozone NAAQS (69 FR 23858).
EPA has determined that the emission statement program requirements
previously applicable for the 1-hour ozone NAAQS apply in the same
manner for the 8-hour NAAQS. See May 3, 2006, memorandum from Thomas C.
Curran, Director, Air Quality Assessment Division, to Regional Air
Division Directors, entitled ``Emission Statement Requirement Under 8-
hour Ozone NAAQS implementation.'' Thus, the requirement for emission
statements under section 182(a)(3)(B) applies to newly-designated
subpart 2 ozone nonattainment areas. Also, those areas designated
nonattainment for ozone under the 1-hour ozone NAAQS and then
designated nonattainment under the 8-hour ozone NAAQS, regardless of
classification under subpart 2 of part D of Title I of the Act, remain
subject to the emission statement requirement of section 182(a)(3)(B).
Indiana's Current SIP
On June 10, 1994, EPA approved rule 2-6 of Title 326 of the Indiana
Administrative Code (IAC), as meeting the emission statement program
requirements of section 182(a)(3)(B) of the CAA. See 59 FR 29956.
Subsequently, EPA redesignated a number of counties subject to the
emission statement program to attainment for the 1-hour ozone standard.
See, e.g., 59 FR 5439
[[Page 14680]]
(Indianapolis) and 62 FR 64725 (Evansville). On October 29, 2004, EPA
approved a revision to rule 2-6 to reflect these changes. 69 FR 63069.
As a result, the emission statement program requirements applied to
stationary sources in Lake and Porter counties.
On April 30, 2004, EPA designated Lake, Porter, and LaPorte
Counties as nonattainment for the 8-hour ozone standard. 69 FR 23858.
III. What Change Is Indiana Requesting?
Indiana is requesting that EPA approve the revisions to the
existing emission reporting rule, 326 IAC 2-6, to be consistent with
the emission statement program requirements for stationary sources in
section 182(a)(3)(B) of the CAA. Since, under the existing Federally
approved SIP for Indiana, the emission statement program requirements
for the 1-hour ozone NAAQS apply in the same manner as for the 8-hour
NAAQS, the emission statement program requirements will remain
applicable to stationary sources in Lake and Porter counties. The
requirement for emission statements under section 182(a)(3)(B) will
also apply to LaPorte County, the only newly designated nonattainment
area in Indiana under subpart 2 of the 8-hour ozone NAAQS.
Indiana is also requesting that EPA approve the addition of
particulate matter with an aerodynamic diameter less than or equal to
2.5 micrometers (PM 2.5) and ammonia (NH3) to the list of pollutants to
be reported on the emission statement.
IV. What Action Is EPA Taking?
EPA has determined that the Indiana program contains the necessary
applicability, compliance and reporting provisions necessary to meet
the requirements for an emission statement program for all ozone
nonattainment areas for the 8-hour ozone standard under subpart 2 of
the CAA. The revision to Indiana's revised emission statement program
will now include stationary sources in LaPorte County. Therefore, EPA
is approving the revisions to the emission reporting requirements of
326 IAC 2-6 to satisfy the Federal requirements for an emission
statement program as part of the SIP. EPA is also approving Indiana's
request to include PM 2.5 and NH3 to the list of pollutants to be
reported in emission statements.
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 29, 2007
without further notice unless we receive relevant adverse written
comments by April 30, 2007. 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 29, 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 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.).
[[Page 14681]]
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 May 29, 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, Nitrogen dioxide,
Ozone, Reporting and recordkeeping requirements, and Volatile organic
compounds.
Dated: February 27, 2007.
Steve Rothblatt,
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 removing and reserving paragraphs
(c)(91) and (c)(166), and adding paragraph (c)(178) to read as follows:
Sec. 52.770 Identification of plan.
* * * * *
(c) * * *
(178) On August 25, 2006, Indiana submitted final adopted revisions
to its emission reporting requirement rules as a revision to the
Indiana State Implementation Plan.
(i) Incorporation by reference. Indiana Administrative Code Title
326: Air Pollution Control Board, Article 2: Permit Review Rules, Rule
6 Emission Reporting, Section 1: Applicability, Section 3: Compliance
schedule, and Section 4: Requirements. Approved by the Attorney General
June 29, 2006. Approved by the Governor July 13, 2006. Filed with the
Publisher July 14, 2006. Published on the Indiana Register Web site
August 9, 2006, Document Identification Number (DIN):20060809-IR-
326050078FRA. Effective August 13, 2006.
[FR Doc. E7-5655 Filed 3-28-07; 8:45 am]
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