Federal Register: March 29, 2007 (Volume 72, Number 60)
DOCID: fr29mr07-11 FR Doc E7-5655
ENVIRONMENTAL PROTECTION AGENCY
Environmental Protection Agency
CFR Citation: 40 CFR Part 52
EPA ID: [EPA-R05-OAR-2006-0774; FRL-8284-5]
NOTICE: RULES
DOCID: fr29mr07-11
ACTION: Air quality implementation plans; approval and promulgation; various States:
DOCUMENT ACTION: Direct final rule.
SUBJECT CATEGORY:
Approval and Promulgation of Air Quality Implementation Plans; Indiana
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.
DOCUMENT 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.
SUMMARY:
Indiana,
SUPPLEMENTAL 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
(NO
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 8hour ozone National Ambient Air Quality Standard (NAAQS) (69 FR 23951). On this same date, EPA set forth nonattainment and attainment designations for the 8hour ozone NAAQS (69 FR 23858).
EPA has determined that the emission statement program requirements previously applicable for the 1hour ozone NAAQS apply in the same manner for the 8hour 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 newlydesignated subpart 2 ozone nonattainment areas. Also, those areas designated nonattainment for ozone under the 1hour ozone NAAQS and then designated nonattainment under the 8hour 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 26 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 1hour 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 26 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 8hour 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 26, 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 1hour ozone NAAQS apply in the same manner as for the 8hour 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 8hour 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 8hour 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 26 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 preexisting 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. 1044).
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.).
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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.
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]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart PIndiana
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):20060809IR 326050078FRA. Effective August 13, 2006.
[FR Doc. E75655 Filed 32807; 8:45 am]
BILLING CODE 656050P
FOR FURTHER INFORMATION CONTACT
Charles Hatten, Environmental Engineer, Criteria Pollutant Section, Air Programs Branch (AR18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 8866031, Hatten.Charles@epa.gov.