

[Federal Register: October 1, 2007 (Volume 72, Number 189)]
[Rules and Regulations]               
[Page 55664-55666]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01oc07-5]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2006-0540; FRL-8472-4]

 
Approval and Promulgation of Air Quality Implementation Plans; 
Indiana; Oxides of Nitrogen Regulations, Phase II

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is approving Indiana's oxides of nitrogen 
(NOX) rules which satisfy the requirements of EPA's 
NOX SIP Call Phase II Rule (the Phase II Rule). EPA is 
approving these regulations based on Indiana's demonstration that they 
will result in the achievement of the Phase II budget through source 
compliance with rules affecting stationary internal combustion (IC) 
engines which are identified in the NOX plan submittal. 
Limiting NOX emissions from IC engines will enable the State 
to meet the Phase II incremental difference of 4,244 tons

[[Page 55665]]

during the ozone season, thereby improving air quality and protecting 
the health of Indiana citizens. EPA is also approving other changes to 
Indiana's NOX rules. These are minor clerical corrections 
and changes in definitions made by Indiana to conform to the revisions 
made by EPA in the Phase II Rule.

DATES: This final rule is effective on October 31, 2007.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2006-0540. 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 John Paskevicz, 
Engineer, at (312) 886-6084 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: John Paskevicz, Engineer, Criteria 
Pollutant Section, Air Programs Branch (AR-18J), Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, (312) 886-6084, paskevicz.john@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 action is being taken by EPA?
II. Is my IC engine subject to these regulations?
III. Why is the Indiana IC engine program approvable?
IV. Statutory and Executive Order Reviews

I. What action is being taken by EPA?

    We are approving the Phase II Rule, submitted by Indiana on March 
8, 2006 and supplemented on June 22, 2006, to control NOX 
emissions from IC engines in Indiana. EPA proposed to approve the Phase 
II Rule on May 30, 2007 (72 FR 29897), and received no comments.
    Indiana's Phase II Rule is consistent with the NOX SIP 
Call Technical Amendments published in the Federal Register dated April 
21, 2004, (69 FR 21604). The State has shown, through its budget 
demonstration, that it can achieve the Phase II budget increment 
through source compliance with the State's rules affecting IC engines 
and the State's permitting program. Meeting the Phase II budget 
increment and the Phase I increment means the State will meet its total 
overall ozone season NOX budget and bring about reductions 
in ozone concentrations in the State and downwind from Indiana.
    EPA is also approving other changes to Indiana's NOX 
SIP. These other changes are minor clerical corrections and changes in 
definitions to conform to the changes made by EPA in the NOX 
Phase II Rule.

II. Is my IC engine subject to these regulations?

    New rule 326 IAC 10-5 applies to any person who owns or operates a 
large stationary reciprocating IC engine or other smaller stationary IC 
engines that are included in a compliance plan. A large IC engine is 
defined as an engine that emits more than one ton of NOX per 
ozone season day, based on operation during the 1995 ozone season. 
Pipeline energy companies are the major users of large IC engines and 
the State developed its budget demonstration based on control of 
engines used in this energy transport industry.

III. Why is the Indiana IC engine program approvable?

    The Indiana IC engine program is approvable because implementation 
of the program will result in reduction of NOX and meet the 
cap in emissions for units in this source category. The Indiana program 
meets the Phase II incremental difference of 4,244 tons per ozone 
season, as specified in the April 21, 2004 Federal Register (69 FR 
21604).
    The minor amendments to 326 IAC 10-3 and 326 IAC 10-4 are also 
approvable as they clarify regulatory language and correct various 
clerical errors. They also incorporate changes applicable to EGUs and 
non-EGUs, made in accordance with EPA's Phase II Rule, including the 
definitions of ``EGU'' and ``non-EGU'' as applied to co-generation 
units.

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 Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    Because it is not a ``significant regulatory action'' under 
Executive Order 12866 or a ``significant regulatory 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 (65 
FR 67249, 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).

[[Page 55666]]

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 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 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 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 November 30, 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, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements.

    Dated: September 17, 2007.
Walter W. Kovalick, Jr.,
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)(184) to read as 
follows:


Sec.  52.770  Identification of plan.

* * * * *
    (c) * * *
    (184) Indiana Department of Environmental Management submitted 
amendments to the State Implementation Plan to control nitrogen oxide 
emissions from internal combustion engines in 326 Indiana 
Administrative Code (IAC) 10-5 and corrections to 326 IAC 10-3-3 and 
326 IAC 10-4 on March 8, 2006.
    (i) Incorporation by reference. The following sections of the 
Indiana Administrative Code (IAC) are incorporated by reference.
    (A) Title 326: Air Pollution Control Board, Article 10: Nitrogen 
Oxides Rules, Rule 3: Nitrogen Oxide Reduction Program for Specific 
Source Categories, Section 3: Emissions limits. Filed with the 
Secretary of State on January 27, 2006, effective February 26, 2006. 
Published in the Indiana Register on March 1, 2006 (29 IR 1876).
    (B) Title 326: Air Pollution Control Board, Article 10: Nitrogen 
Oxides Rules, Rule 4: Nitrogen Oxides Budget Trading Program, Section 
1: Applicability, Section 2: Definitions, Section 3: Retired unit 
exemption, Section 9: NOX allowance allocations, Section 13: 
Individual opt-ins, Section 14: NOX allowance banking, and 
Section 15: Compliance supplement pool. Filed with the Secretary of 
State on January 27, 2006, effective February 26, 2006. Published in 
the Indiana Register on March 1, 2006 (29 IR 1877).
    (C) Title 326: Air Pollution Control Board, Article 10: Nitrogen 
Oxides Rules, Rule 5: Nitrogen Oxide Reduction Program for Internal 
Combustion Engines (ICE). Filed with the Secretary of State on January 
27, 2006, effective February 26, 2006. Published in the Indiana 
Register on March 1, 2006 (29 IR 1899).

 [FR Doc. E7-19217 Filed 9-28-07; 8:45 am]

BILLING CODE 6560-50-P
