[Federal Register: March 18, 2008 (Volume 73, Number 53)]
[Rules and Regulations]
[Page 14389-14391]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18mr08-12]
[[Page 14389]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2007-0907; FRL-8541-3]
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 a request submitted by the Indiana Department
of Environmental Management (IDEM) on July 20, 2007, as supplemented on
December 19, 2007, to revise the Indiana State Implementation Plan
(SIP). The submission revises the Indiana Administrative Code (IAC) by
amending the definition of ``References to the Code of Federal
Regulations,'' to update the references to the Code of Federal
Regulations (CFR) to refer to the 2006 edition. The rule revision also
makes minor corrections to amend the definition of ``nonphotochemically
reactive hydrocarbons'' or ``negligibly photochemically reactive
compounds,'' and to amend the definition of ``volatile organic
compound'' or ``VOC.''
DATES: This rule is effective on May 19, 2008, unless EPA receives
adverse written comments by April 17, 2008. 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-2007-0907 by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: mooney.john@epa.gov.
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-
2007-0907. 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 http://
www.regulations.gov or e-mail. The http://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 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 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, hatten.charles@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. Background
A. When did the State submit the requested SIP revisions to EPA?
B. Did Indiana hold public hearings for each of these SIP
revisions?
II. What are the revisions that the State requests be incorporated
into the SIP?
III. What action is EPA taking today?
IV. Statutory and Executive Order Reviews
I. Background
A. When did the State submit the requested SIP revisions to EPA?
IDEM submitted the requested SIP revisions, consisting primarily of
an updated reference to the 2006 CFR, on July 20, 2007. IDEM
supplemented its request on December 19, 2007.
B. Did Indiana hold public hearings for each of these SIP revisions?
IDEM held public hearings on December 6, 2006, and February 7,
2007. IDEM did not receive any comments concerning the SIP revision.
II. What are the revisions that the State requests be incorporated into
the SIP?
The State has requested SIP revisions to include: (1) updated
references to the CFR at 326 IAC 1-1-3, and (2) deleted references to
outdated Federal Register citations at 326 IAC 1-2-48 and 326 IAC 1-2-
90.
A. Rule 326 IAC 1-1-3, definition of ``References to Code of
Federal Regulations.'' IDEM updated the reference to the CFR in 326 IAC
1-1-3 from the 2005 edition to the 2006 edition. This is solely an
administrative change that allows Indiana to reference a more current
version of the CFR.
B. Rule 326 IAC 1-2-48, ``nonphotochemically reactive
hydrocarbons'' or ``negligibly photochemically reactive compounds''
defined. The minor corrections to amend 326 IAC 1-2-48 delete language
in sections (a)(1) and (a)(2) that references outdated Federal Register
citations.
C. Rule 326 IAC 1-2-90, ``volatile organic compound'' or ``VOC''
defined. The minor corrections to amend 326 IAC 1-2-90 delete outdated
references to the Federal Register.
[[Page 14390]]
III. What action is EPA taking today?
We are approving revisions to the Indiana SIP to: (1) Update the
definitions at 326 IAC 1-1-3, ``References to the CFR,'' and (2) delete
language that references outdated Federal Register citations in both
326 IAC 1-2-48, ``nonphotochemically reactive hydrocarbons'' or
``negligibly photochemically reactive compounds'' defined; and 326 IAC
1-2-90, ``volatile organic compound'' or ``VOC'' defined.
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 19, 2008
without further notice unless we receive relevant adverse written
comments by April 17, 2008. 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 19, 2008.
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 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
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 May 19, 2008. 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 5
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.
[[Page 14391]]
Dated: March 3, 2008.
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)(186) to read as
follows:
Sec. 52.770 Identification of plan.
* * * * *
(c) * * *
(186) The Indiana Department of Environmental Management submitted
revisions to Indiana's State Implementation plan on July 20, 2007, as
revised on December 19, 2007, to amend 326 IAC 1-1-3, ``References to
the Code of Federal Regulations''; 326 IAC 1-2-48, ``nonphotochemically
reactive hydrocarbons'' or ``negligibly photochemically reactive
compounds'' defined; and 326 IAC 1-2-90, ``volatile organic compound''
or ``VOC'' defined. The revision to 326 IAC 1-1-3 updates the
references to CFR from the 2005 edition to the 2006 edition. In 326 IAC
1-2-48, and 326 IAC 1-2-90, the SIP revision deletes references to
outdated Federal Register citations.
(i) Incorporation by reference. The following sections of the
Indiana Administrative Code (IAC) are incorporated by reference.
(A) 326 IAC 1-1-3, ``References to the Code of Federal
Regulations''. Filed with the Secretary of State on April 26, 2007, and
effective on May 26, 2007. Published in the Indiana Register, on May
23, 2007 (DIN: 20070523-IR-326060412FRA).
(B) 326 IAC 1-2-48, ``nonphotochemically reactive hydrocarbons'' or
``negligibly photochemically reactive compounds'' defined; and 326 IAC
1-2-90, ``volatile organic compound'' or ``VOC'' defined. Filed with
the Secretary of State on April 26, 2007, and effective on May 26,
2007. Published in the Indiana Register, on May 23, 2007 (DIN:
20070523-IR-326060412FRA).
(ii) Additional Materials. A December 19, 2007, letter from Daniel
Murray, Assistant Commissioner of the Indiana Department of
Environmental Management, Office of Air Quality, which limits the July
20, 2007, SIP revision request to the following definitions: 326 IAC 1-
1-3, ``References to the CFR''; 326 IAC 1-2-48, ``nonphotochemically
reactive hydrocarbons'' or ``negligibly photochemically reactive
compounds'' defined; and 326 IAC 1-2-90, ``volatile organic compound''
or ``VOC'' defined.
[FR Doc. E8-5287 Filed 3-17-08; 8:45 am]
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