
[Federal Register: November 29, 2010 (Volume 75, Number 228)]
[Rules and Regulations]               
[Page 72964-72965]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29no10-13]                         

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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.

0
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

0
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]
BILLING CODE 6560-50-P

