

[Federal Register: October 31, 2006 (Volume 71, Number 210)]
[Rules and Regulations]               
[Page 63699-63701]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31oc06-9]                         


[[Page 63699]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2006-0539, EPA-R05-OAR-2006-0610; FRL-8224-3]

 
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 requests submitted by the Indiana Department 
of Environmental Management (IDEM) on December 21, 2005 and June 27, 
2006 to revise the Indiana State Implementation Plan (SIP) in two 
areas: to amend 326 IAC 1-3-4, ambient air quality standards, to 
provide consistency between State and Federal reference conditions for 
measurements of particulate matter air quality; and to update the 
references to the Code of Federal Regulations (CFR) from the 2002 
edition to the 2004 edition.

DATES: This rule is effective on January 2, 2007, unless EPA receives 
adverse written comments by November 30, 2006. 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-2006-0539, EPA-R05-OAR-2006-0610 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-
2006-0539, EPA-R05-OAR-2006-0610. 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 www.regulations.gov website 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 Jonathan Nichols, Life 
Scientist, at (312) 353-7942 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Jonathan Nichols, Life Scientist, 
Criteria Pollutant Section, Air Programs Branch (AR-18J), Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, (312) 353-7942, nichols.jonathan@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. What Should I Consider as I Prepare My Comments for EPA?
    A. Submitting CBI
    B. Tips for Preparing Your Comments
II. Background
    A. When Did the State Submit the Requested Rule Revisions to 
EPA?
    B. Did Indiana Hold Public Hearings for Each of These Rule 
Revisions?
III. What Are the Revisions That the State Requests Be Incorporated 
Into the SIP?
    A. CFR Reference
    B. Reference Conditions for PM Measurements
IV. What Action Is EPA Taking Today?
V. Statutory and Executive Order Reviews

I. What Should I Consider as I Prepare My Comments for EPA?

A. Submitting CBI

    Do not submit this information to EPA through http://www.regulations.gov
 or e-mail. Clearly mark the part or all of the 

information that you claim to be CBI. For CBI information in a disk or 
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket.
    Information so marked will not be disclosed except in accordance 
with procedures set forth in 40 CFR part 2.

B. Tips for Preparing Your Comments

    When submitting comments, remember to:
    1. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    2. Follow directions--The EPA may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    3. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    4. Describe any assumptions and provide any technical information 
and/or data that you used.
    5. If you estimate potential costs or burdens, explain how you 
arrived at

[[Page 63700]]

your estimate in sufficient detail to allow for it to be reproduced.
    6. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    7. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    8. Make sure to submit your comments by the comment period deadline 
identified.

II. Background

A. When Did the State Submit the Requested Rule Revisions to EPA?

    IDEM submitted the requested rule revisions related to an update to 
the CFR reference on December 21, 2005, followed by the update 
providing consistency between State and Federal particulate matter 
reference conditions on June 27, 2006.

B. Did Indiana Hold Public Hearings for Each of These Rule Revisions?

    IDEM held public hearings for both of the rule revisions that were 
submitted: particulate matter reference condition standards rule 
revision public hearings were held on October 5, 2005, and December 7, 
2005; and CFR reference update public hearings were held on February 2, 
2005 and June 1, 2005. IDEM did not receive any comments concerning 
either rule revision.

III. What Are the Revisions That the State Requests Be Incorporated 
Into the SIP?

    The State has requested the following revisions: Changes to 1-1-3, 
References to the Code of Federal Regulations; and changes to 326 IAC 
1-3-4, to provide consistency between State and Federal particulate 
matter measurement reference standards. The revisions are described in 
more detail below.

A. CFR Reference

    The reference to the CFR was updated in 326 IAC 1-1-3 from the 2002 
edition to the 2004 edition. This is solely an administrative change 
that allows Indiana to reference a more current CFR.

B. Reference Conditions for PM Measurement

    IDEM is requesting the amendment of 326 IAC 1-3-4, ambient air 
quality standards, to provide consistency between State (326 IAC 1-3-4) 
and Federal (40 CFR 50.3) reference conditions for measurements of 
particulate matter air quality.
    In 1997, EPA promulgated revised particulate matter national 
ambient air quality standard revisions at 40 CFR part 50 for both 
PM10 (coarse particulate matter) and PM2.5 (fine particulate 
matter). Measurement of both standards was to be reported based on 
ambient air volume measured at the actual ambient temperature and 
pressure at the monitoring site during the measurement period. The 
Indiana Air Pollution Control Board adopted these standards on 
September 1, 2004.
    As a result of litigation over the 1997 standards in which the 
PM10 standard was vacated, EPA revised 40 CFR 50.3 on July 
30, 2004 (69 FR 45592, 45595).\1\ It now reflects the former standard 
reference conditions, i.e., 25 degrees Celsius (temperature) and 760 
millimeters of mercury (1,013.2 millibars) (pressure) for 
PM10. The submitted revisions to 326 IAC 1-3-4 should ensure 
that specified reference measurement conditions in the Indiana SIP are 
consistent with 40 CFR 50.3, as revised.
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    \1\ See American Trucking Associations, Inc. v. EPA, 175 F.3d 
(D.C. Cir. 1999); affirmed inpart, reversed in part, 531 U.S. 457 
(2001).
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IV. What Action Is EPA Taking Today?

    We are approving revisions to the Indiana SIP in two areas:
    (1) To amend 326 IAC 1-3-4, ambient air quality standards, to 
provide consistency between State (326 IAC 1-3-4) and Federal (40 CFR 
50.3) reference conditions for measurements of particulate matter air 
quality; and (2) to update the references to the Code of Federal 
Regulations (CFR) from the 2002 edition to the 2004 edition.
    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 January 2, 2007 
without further notice unless we receive relevant adverse written 
comments by November 30, 2006. 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 January 2, 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

[[Page 63701]]

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. 
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 January 2, 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: September 14, 2006.
Norman Niedergang,
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)(177) to read as 
follows:


Sec.  52.770  Identification of plan.

* * * * *
    (c) * * *
    (177) The Indiana Department of Environmental Management submitted 
revisions to Indiana's State Implementation plan on December 21, 2005, 
and June 27, 2006. Revisions to 326 IAC 1-3-4 provide consistency 
between State (326 IAC 1-3-4) and Federal (40 CFR 50.3) reference 
conditions for measurements of particulate matter air quality; and 
amendments to 326 IAC 1-1-3 update the references to the Code of 
Federal Regulations (CFR) from the 2002 edition to the 2004 edition.
    (i) Incorporation by reference. The following sections of the 
Indiana Administrative Code are incorporated by reference.
    (A) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 1: General Provisions, Rule 1: Provisions Applicable 
Throughout Title 326, Section 3: References to the Code of Federal 
Regulations. Filed with the Secretary of State on October 14, 2005 and 
effective on November 13, 2005. Published at Indiana Register, Volume 
29, Number 3, December 1, 2005 (29 IR 795).
    (B) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 1: General Provisions, Rule 3: Ambient Air Quality 
Standards, Section 4: Ambient Air Quality Standards. Filed with the 
Secretary of State on March 6, 2006 and effective on April 5, 2006. 
Published at Indiana Register, Volume 29, Number 7, April 1, 2006 (29 
IR 2179).

 [FR Doc. E6-18169 Filed 10-30-06; 8:45 am]

BILLING CODE 6560-50-P
