[Federal Register Volume 67, Number 156 (Tuesday, August 13, 2002)]
[Rules and Regulations]
[Pages 52615-52616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20345]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IN 143-1a; FRL-7249-4]


Approval and Promulgation of Implementation Plans; Indiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On March 5, 2002, the Indiana Department of Environmental 
Management (IDEM) submitted revisions to the Indiana Administrative 
Code (IAC) for approval into the Indiana State Implementation Plan 
(SIP). IDEM amended this submittal in a letter dated May 3, 2002. This 
regulatory update changes rule language concerning Indiana's permitting 
programs. Included in this submittal is a provision to assure that 
applicable requirements exist independently of title V permits. EPA is 
approving the rule language in this submittal because it is consistent 
with EPA's regulations governing state permit programs.

DATES: This direct final rule is effective October 15, 2002 without 
further notice unless EPA receives adverse comments in writing by 
September 12, 2002. If adverse comment is received, EPA will publish a 
timely withdrawal of this direct final rule in the Federal Register and 
inform the public that the rule will not take effect.

ADDRESSES: Written comments should be addressed to Ms. Pamela Blakley, 
Chief, Permits and Grants Section (IL/IN/OH), Attention: Mr. Sam 
Portanova, at the EPA Region 5 office listed below. Copies of the 
state's submittal and other supporting information used in developing 
this direct final rule are available for inspection during normal 
business hours at the following location: EPA Region 5, 77 West Jackson 
Boulevard, AR-18J, Chicago, Illinois, 60604. Please contact Sam 
Portanova at (312) 886-3189 to arrange a time if inspection of the 
submittal is desired.

FOR FURTHER INFORMATION CONTACT: Sam Portanova, AR-18J, 77 West Jackson 
Boulevard, Chicago, Illinois, 60604, Telephone Number: (312) 886-3189, 
E-Mail Address: [email protected].

SUPPLEMENTARY INFORMATION: This section provides additional information 
by addressing the following questions:

    What is being addressed in this document?
    What are the program changes that EPA is approving?
    What is involved in this final action?

What Is Being Addressed in This Document?

    On March 5, 2002, IDEM submitted regulatory provisions for approval 
into the state SIP. IDEM amended this submittal on May 3, 2002. This 
submittal includes 326 IAC 2-1.1-9.5 which is related to the 
implementation of Indiana's air permit programs. In today's action, EPA 
approves the submitted rule language into the Indiana SIP.

What Are the Program Changes That EPA Is Approving?

    Indiana's construction permits expire upon issuance of a valid 
title V permit. Title V requires, however, that applicable requirements 
exist independently of title V permits. Prior to the adoption of 326 
IAC 2-1.1-9.5, Indiana's rules did not assure that construction permit 
conditions exist independently of title V permits. Therefore, this 
issue was identified as not meeting the program approval requirements 
of title V and 40 CFR part 70 in a notice of program deficiency (NOD) 
for the Indiana title V program published in the December 11, 2001 
Federal Register (66 FR 64039).
    Indiana revised the state regulations in 326 IAC 2-1.1-9.5 to say 
that ``any condition established in a permit issued pursuant to a 
permitting program approved into the state implementation plan shall 
remain in effect until: (1) The condition is modified in a subsequent 
permit action; or (2) the emission unit to which the condition pertains 
permanently ceases operation.'' ``Subsequent permit action'' in this 
rule refers to a permit action taken pursuant to Indiana's construction 
permit authority. Since title V does not confer authority to modify 
existing applicable requirements, including construction permit 
conditions, ``subsequent permit action'' does not include permit 
actions taken pursuant to Indiana's title V program. In today's action, 
EPA approves this regulatory provision into the Indiana SIP. This 
approval satisfies Indiana's requirement to correct an identified title 
V program deficiency and resolves the issue published in the December 
11, 2001 NOD.

What Is Involved in This Final Action?

    EPA approves 326 IAC 2-1.1-9.5 into the Indiana SIP. The approval 
of this regulation resolves a deficiency issue raised in EPA's December 
11, 2001 NOD of the Indiana title V program.

Administrative Requirements

    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. For this 
reason, 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). 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.). 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 (Public Law 104-4).
    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). 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. 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.
    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

[[Page 52616]]

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. 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.).
    The Congressional Review Act, 5 U.S.C. section 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 October 15, 2002. 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 Dioxide, Volatile organic compounds.

    Dated: June 28, 2002.
Jo Lynn Traub,
Acting Regional Administrator, Region 5.


    For the reasons stated in the preamble, part 52, chapter I, 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.


    2. Section 52.770 is amended by adding paragraph (c)(151) to read 
as follows:


Sec. 52.770  Identification of plan.

* * * * *
    (c) * * *
    (151) On March 5, 2002, the Indiana Department of Environmental 
Management requested a revision to the Indiana State Implementation 
Plan in the form of revisions to the Permit Review Rules intended to 
add regulations to assure that construction permit conditions exist 
independently of title V permits. This revision took the form of an 
amendment to Title 326: Air Pollution Control Board of the Indiana 
Administrative Code (326 IAC) 2-1.1-9.5 General Provisions; Term of 
Permit.
    (i) Incorporation by reference.
    (A) Indiana Administrative Code Rules 326 IAC 2-1.1-9.5. Adopted by 
the Indiana Air Pollution Control Board October 3, 2001. Filed with the 
Secretary of State December 20, 2001. Effective January 19, 2002. 
Published at Indiana Register, Volume 25, Number 5, February 1, 2002.
[FR Doc. 02-20345 Filed 8-12-02; 8:45 am]
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