[Federal Register Volume 75, Number 228 (Monday, November 29, 2010)]
[Rules and Regulations]
[Pages 72964-72965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29817]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2007-0642; FRL-9231-8]
Disapproval and Promulgation of Air Quality Implementation Plans;
Indiana; Addition of Incentive for Regulatory Flexibility for Its
Environmental Stewardship Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: On July 6, 2007, the Indiana Department of Environmental
Management (IDEM) submitted a request to EPA to amend its State
Implementation Plan (SIP) to add incentives for regulatory flexibility
for participants in its Environmental Stewardship Program (ESP) and
Comprehensive Local Environmental Action Network (CLEAN) Community
Challenge Program. Indiana requested that EPA approve the following for
ESP and CLEAN members: The incorporation by reference of certain
incentives under the National Environmental Performance Track (NEPT)
Program, monthly averaging of volatile organic compound (VOC) coating
limits, and the processing of pollution prevention projects as minor
permit revisions. EPA proposed to disapprove these three incentives on
August 19, 2010, and received no comments.
DATES: This final rule is effective on December 29, 2010.
ADDRESSES: EPA has established a docket for this action under Docket ID
Nos. EPA-R05-OAR-2007-0642. All documents in the docket are listed on
the http://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 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 Federal holidays. We recommend that you telephone Steven
Rosenthal, Environmental Engineer, at (312) 886-6052 before visiting
the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Steven Rosenthal, Environmental
Engineer, Attainment Planning and Maintenance Section, Air Programs
Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6052.
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 public comments were received on the proposed approval and
what is EPA's response?
II. What action is EPA taking today and what is the reason for this
action?
III. Statutory and Executive Order Reviews
I. What public comments were received on the proposed approval and what
is EPA's response?
EPA's August 19, 2010, proposed action at 75 FR 51188 provided a
30-day public comment period. We did not receive any comments on the
proposed action.
II. What action is EPA taking today and what is the reason for this
action?
EPA is disapproving IDEM's request for an amendment to the Indiana
SIP for incentives for regulatory flexibility for its ESP and CLEAN
Community Challenge Program. EPA is disapproving the incorporation by
reference of Federal incentives for NEPT members because EPA has
discontinued its NEPT program. EPA is disapproving monthly averaging of
VOC coating limits because this would constitute a relaxation that
could exacerbate high ozone levels and contribute to violations of the
ozone standard. EPA is disapproving the third incentive, which affects
public notice requirements for pollution prevention projects, because
it relaxes the existing SIP-approved public notice requirements and is
inconsistent with EPA minor new source rule requirements.
III. 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.
[[Page 72965]]
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 (CAA).
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 State 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 State submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a State
submission, to use VCS in place of a State 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 January 28, 2011. 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, Ozone, Reporting and
recordkeeping requirements.
Dated: November 15, 2010.
Susan Hedman,
Regional Administrator, Region 5.
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40 CFR part 52 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
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2. Section 52.781 is amended by adding paragraph (g) to read as
follows:
Sec. 52.781 Rules and regulations.
* * * * *
(g) Disapproval. EPA is disapproving 326 IAC 25-2-1, 326 IAC 25-2-3
and 326 IAC 25-2-4 as revisions to the Indiana SIP.
[FR Doc. 2010-29817 Filed 11-26-10; 8:45 am]
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