[Federal Register Volume 63, Number 9 (Wednesday, January 14, 1998)]
[Rules and Regulations]
[Pages 2146-2147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-932]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IN80-1a; FRL-5929-5]
Approval and Promulgation of Implementation Plans; Indiana
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
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SUMMARY: This action approves a State Implementation Plan (SIP)
revision for the State of Indiana which was submitted January 23, 1997,
pursuant to the Environmental Protection Agency (EPA) general
conformity rules set forth at 40 Code of Federal regulations (CFR) part
51, subpart W--Determining Conformity of General Federal Actions to
State or Federal Implementation Plans. Section 51.851(a) of the general
conformity rules requires each State to submit to EPA a revision to its
applicable SIP which contains criteria and procedures for assessing
conformity of Federal actions to applicable SIPs. The general
conformity rules, except for the 40 CFR 51.851(a) language requiring
State submission of a SIP revision, are repeated at 40 CFR part 93,
subpart B. Indiana's SIP submission incorporates by reference the
criteria and procedures set forth at 40 CFR part 51, subpart W. This
general conformity SIP revision will enable the State of Indiana to
implement and enforce the Federal general conformity requirements in
the nonattainment and maintenance areas at the State and local level.
This approval is limited only to the general conformity SIP
revision submitted pursuant to 40 CFR part 51, subpart W. Indiana
submitted additional rules under 40 CFR part 51, subpart T, relating to
conformity of Federal transportation actions funded or approved under
Title 23 U.S.C. or the Federal Transit Act, which will be addressed in
a separate notice. This action provides the rationale for today's
approval.
DATES: The ``direct final'' is effective on March 16, 1998, unless EPA
receives written adverse or critical comments by February 13, 1998. If
the effective date is delayed, timely notice will be published in the
Federal Register.
ADDRESSES: Copies of the revision request are available for inspection
at the following address:
U.S. Environmental Protection Agency, Region 5, Air and Radiation
Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. (It is
recommended that you telephone Ryan Bahr, Environmental Engineer, at
(312) 353-4366 before visiting the Region 5 Office.)
Written comments should be sent to:
J. Elmer Bortzer, Chief, Regulation Development Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
FOR FURTHER INFORMATION CONTACT: Ryan Bahr, Environmental Engineer, at
(312) 353-4366.
SUPPLEMENTARY INFORMATION:
I. Background
Section 176(c) of the Clean Air Act (Act), 42 U.S.C. 7506(c),
provides that no Federal department, agency, or instrumentality shall
engage in, support in any way or provide financial assistance for,
license or permit, or approve any activity which does not conform to a
SIP that has been approved or promulgated pursuant to the Act.
``Conformity'' is defined in section 176(c) of the Act as conformity to
the SIP's purpose of eliminating or reducing the severity and number of
violations of the National Ambient Air Quality Standards (NAAQS) and
achieving expeditious attainment of such standards. Section 176(c)
further states that such activities will not: (1) cause or contribute
to any new violation of any standard in any area, (2) increase the
frequency or severity of any existing violation of any standard in any
area, or (3) delay timely attainment of any standard or any required
interim emission reductions or other milestones in any area.
Section 176(c)(4)(A) of the Act requires EPA to promulgate criteria
and procedures for determining conformity of all Federal actions to
applicable SIPs. Criteria and procedures for determining conformity of
Federal actions related to transportation projects funded or approved
under Title 23 U.S.C. or the Federal Transit Act are set forth at 40
CFR part 93, subpart A. The criteria and procedures for determining
conformity of other Federal actions, the ``general conformity'' rules,
were published in the November 30, 1993, Federal Register and codified
at 40 CFR part 51, subpart W--Determining Conformity of General Federal
Actions to State or Federal Implementation Plans.
II. Evaluation of the State's Submittal
Pursuant to the requirements under section 176(c)(4)(C) of the Act,
the Indiana Department of Environmental Management (IDEM) submitted its
general conformity SIP revision to the EPA on January 23, 1997. In its
submittal, the State provided rules codified at 326 Indiana
Administrative Code (IAC) 16-3 which incorporated the Federal general
conformity requirements by reference (40 CFR part 51, subpart W). EPA
found the submittal complete in a letter dated June 24, 1997. Under 40
CFR 51.853 (b), general conformity is required for all areas which are
designated nonattainment or maintenance for any NAAQS criteria
pollutant. The Indiana area designations are listed in 40 CFR 81.315.
IDEM gave public notice and opportunity for comment on the general
conformity submittal on January 11, 1996, February 7, 1996, and April
3, 1996. No adverse comments were received on this rule.
III. EPA Criteria for General Conformity Submittal
The State's SIP revision must contain criteria and procedures that
are no less stringent than the Federal rule. The revision incorporated
the provisions of the entire Federal general conformity rule, Subpart
W: 40 CFR 51.850 to 51.860 with the exception of Sec. 51.851. Section
51.851 requires that the State incorporate the provisions of the
Federal rule into the State code and, therefore, does not need to be
incorporated into the State Code.
IV. EPA Rulemaking Action
The EPA is approving the general conformity SIP revision for the
State of Indiana. The EPA has evaluated this SIP revision and has
determined that the State has fully adopted the provisions of the
Federal general conformity rules set forth at 40 CFR part 51, subpart
W. The appropriate public participation and comprehensive interagency
consultations were undertaken during development and adoption of this
SIP revision. Because EPA considers this action to be noncontroversial
and routine, EPA is approving it without prior proposal. This action
will become
[[Page 2147]]
effective on March 16, 1998. However, if EPA receives adverse written
comments by February 13, 1998, EPA will publish a document that
withdraws this action.
V. Miscellaneous
A. Executive Order 12866
The Office of Management and Budget has exempted this regulatory
action from executive order 12866 review.
B. Regulatory Flexibility Act
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C.603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
SIP approvals under section 110 and subchapter I, part D of the
Clean Air Act do not create any new requirements but simply approve
requirements that the State is already imposing. Therefore, because the
Federal SIP approval does not impose any new requirements, the
Administrator certifies that it does not have a significant impact on
any small entities affected. Moreover, due to the nature of the
Federal-State relationship under the Act, preparation of a flexibility
analysis would constitute Federal inquiry into the economic
reasonableness of state action. The Clean Air Act forbids EPA to base
its actions concerning SIPs on such grounds. Union Electric Co. v. U.S.
EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).
C. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
private sector, of $100 million or more. Under section 205, EPA must
select the most cost-effective and least burdensome alternative that
achieves the objectives of the rule and is consistent with statutory
requirements. Section 203 requires EPA to establish a plan for
informing and advising any small governments that may be significantly
or uniquely impacted by the rule.
EPA has determined that the approval action promulgated does not
include a Federal mandate that may result in estimated costs of $100
million or more to either State, local, or tribal governments in the
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new
requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
D. Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted 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
General Accounting Office prior to publication of the rule in the
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
E. Petitions for Judicial Review
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 March 16, 1998. 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,
General conformity, Hydrocarbons, Intergovernmental relations, Lead,
Nitrogen Oxides, Ozone, Particulate matter, Sulfur dioxide, Volatile
organic compounds.
Dated: November 14, 1997.
David A. Ullrich,
Acting Regional Administrator, Region V.
40 CFR part 52, 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 P--Indiana
2. Section 52.770 is amended by adding paragraph (c)(121) to read
as follows:
Sec. 52.770 Identification of plan.
* * * * *
(c) * * *
(121) On January 23, 1997, the Indiana Department of Environmental
Management submitted a revision to the State Implementation Plan (SIP)
for the general conformity rules. The general conformity SIP revision
enables the State of Indiana to implement and enforce the Federal
general conformity requirements in the nonattainment and maintenance
areas at the State and local level in accordance with 40 CFR part 51,
subpart W--Determining Conformity of General Federal Actions to State
or Federal Implementation Plans.
(i) Incorporation by reference. 326 Indiana Administrative Code 16-
3: General Conformity, Section 1: Applicability; incorporation by
reference of Federal standards. Adopted by the Indiana Air Pollution
Control Board April 3, 1996. Filed with the Secretary of State June 6,
1996. Published at the Indiana Register, Volume 19, Number 11, August
1, 1996 (19 IR 3050). Effective July 6, 1996.
[FR Doc. 98-932 Filed 1-13-98; 8:45 am]
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