[Federal Register Volume 69, Number 209 (Friday, October 29, 2004)]
[Rules and Regulations]
[Pages 63069-63072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24238]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52

[R05-OAR-2004-IN-0002; FRL-7826-8]


Approval and Promulgation of Plan Revisions; Indiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is approving Indiana's February 10, 2004, and April 
12, 2004, submittal of a revision to its existing emission reporting 
rule to be consistent with the emission statement program requirements 
for stationary sources in the Clean Air Act (CAA). On April 12, 2004, 
Indiana submitted its final rule as published in the Indiana Register. 
Indiana held a public hearing on the submittal on December 3, 2003. The 
rationale for the approval and other information are provided in this 
rulemaking action.

DATES: This ``direct final'' rule is effective on December 28, 2004 
unless EPA receives adverse written comments by November 29, 2004. If 
adverse comment is received, 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 comments, identified by Regional Material in EDocket 
ID No. R05-OAR-2004-IN-0002 by one of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
on-line instructions for submitting comments.
    Agency Web site: http://docket.epa.gov/rmepub/index.jsp material in 
Edocket(RME), EPA's electronic public docket and connect system, is 
EPA's preferred method for receiving comments. Once in the system, 
select ``quick search'' then key in the appropriate RME Docket 
identification number. Follow the on-line instructions for submitting 
comments.
    E-mail: [email protected].
    Fax: (312) 886-5824.
    Mail: You may send written comments to: J. Elmer Bortzer, Chief, 
Air Programs Branch, (AR-18J), Environmental Protection Agency, 77 West 
Jackson Boulevard, Chicago, Illinois 60604.
    Hand delivery: Deliver your comments to: J. Elmer Bortzer, Chief, 
Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, 
Region 5, 77 West Jackson Boulevard, 18th floor, Chicago, Illinois 
60604.
    Such deliveries are only accepted during the Regional Office's 
normal hours of operation. The Regional Office's official hours of 
business are Monday through Friday, 8:30 AM to 4:30 PM excluding 
Federal holidays.
    Instructions: Direct your comments to Regional Materials in Edocket 
(RME) ID No. R05-OAR-2004-IN-0002. EPA's policy is that all comments 
received will be included in the public docket without change, 
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 Regional Material in Edocket (RME), regulations.gov, 
or e-mail. The EPA RME website and the federal regulations.gov website 
are ``anonymous access'' systems, 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 RME or 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 
the related proposed rule which is published in the Proposed Rules 
section of this Federal Register.
    Docket: All documents in the electronic docket are listed in the 
Regional Materials in EDocket (RME) index at http://www.epa.gov/edocket. 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. Publicly 
available docket materials are available either electronically in RME 
or in hard copy at Environmental Protection Agency, Region 5, Air and 
Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. 
(We recommend that you telephone Charles Hatten, Environmental 
Engineer, at (312) 886-6031 before visiting the Region 5 office.) This 
Facility is open from 8:30 AM to 4:30 PM, Monday through Friday, 
excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Charles Hatten, Environmental 
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J), EPA 
Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 
886-6031. [email protected]

SUPPLEMENTARY INFORMATION:

I. General Information
    A. Does This Action Apply to Me?
    B. How Can I Get Copies of This Document and Other Related 
Information?
    C. How and to Whom Do I Submit Comments?
II. What Is Required by the Clean Air Act and How does It Apply to 
Indiana?
III. What Change Is Indiana Requesting?
IV. Why Is This Request Approvable?
V. Statutory and Executive Order Review


[[Page 63070]]



I. General Information

A. Does This Action Apply to Me?

    This rulemaking applies to stationary point sources located in 
areas designated nonattainment under subpart 2 of part D of Title I of 
the CAA. This requirement applies to all ozone nonattainment areas, 
regardless of classification (Marginal, Moderate, etc.). This rule 
requires sources to submit emission statement data to the Indiana 
Department of Environmental Management (IDEM) on an annual basis. This 
emission data collected can help the IDEM develop a complete and 
accurate emission inventory for air quality planning purposes at the 
State, and also meet emission reporting requirements to EPA.

B. How Can I Get Copies of This Document and Other Related Information?

    1. The Regional Office has established an electronic public 
rulemaking file available for inspection on EDOCKET and a hard copy 
file which is available for inspection at the Regional Office. EPA has 
established an official public rulemaking file for this action under 
Regional Material in Edocket (RME) ID No. R05-OAR-2004-IN-0002. The 
official public file consists of the documents specifically referenced 
in this action, any public comments received, and other information 
related to this action. Although a part of the official docket, the 
public rulemaking file does not include Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. The official public rulemaking file is the collection of 
materials that is available for public viewing at the Air Programs 
Branch, Air and Radiation Division, EPA Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604. EPA requests that if at all 
possible, you contact the person listed in the For Further Information 
Contact section to schedule your inspection. The Regional Office's 
official hours of business are Monday through Friday, 8:30 a.m. to 4:30 
p.m. excluding Federal holidays.
    2. Electronic Access. You may access this Federal Register document 
electronically through the regulations.gov Web site located at http://www.regulations.gov where you can find, review, and submit comments on 
Federal rules that have been published in the Federal Register, the 
Government's legal newspaper, and are open for comment.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing at the EPA Regional Office, 
as EPA receives them and without change, unless the comment contains 
copyrighted material, CBI, or other information whose disclosure is 
restricted by statute. When EPA identifies a comment containing 
copyrighted material, EPA will provide a reference to that material in 
the version of the comment that is placed in the official public 
rulemaking file. The entire printed comment, including the copyrighted 
material, will be available at the Regional Office for public 
inspection.

B. How and to Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate rulemaking identification number by including the text 
``Public comment on proposed rulemaking Region 5 in Regional Material 
in EDocket ``R05-OAR-2004-IN-0002'' in the subject line on the first 
page of your comment. Please ensure that your comments are submitted 
within the specified comment period. Comments received after the close 
of the comment period will be marked ``late.'' EPA is not required to 
consider these late comments.
    For detailed instructions on submitting public comments and on what 
to consider as you prepare your comments see the ADDRESSES section and 
the section I General Information of the SUPPLEMENTARY INFORMATION 
section of the related proposed rule which is published in the Proposed 
Rules section of this Federal Register.

II. What Is Required by the Clean Air Act and How Does It Apply to 
Indiana?

Emission Statements (Annual Reporting)

    Section 182(a)(3)(B) of the CAA requires stationary sources of air 
pollution in ozone nonattainment areas to prepare and submit emission 
statement data each year, to their States, showing actual emissions of 
volatile organic compounds (VOCs) and oxides of nitrogen 
(NOX). This requirement applies to all ozone nonattainment 
areas, regardless of classification (Marginal, Moderate, etc.). In 
ozone nonattainment areas, facilities which emit VOC or NOX 
in amounts of 25 tons per year or more [plant-wide basis] into the 
ambient air must submit an emission statement to the State. Further, 
States with ozone nonattainment areas are required to submit a revision 
to their SIPs by November 15, 1992, establishing this Emission 
Statement Program.
    Facilities are required to submit their first emission statement 
within three years of promulgation of the CAA of 1990, and annually 
thereafter. If either VOC or NOX is emitted at or above the 
minimum reporting level that is established in its state Emission 
Statement Program, the other pollutant (NOX or VOC) from the 
same facility should be included in the emission statement, even if the 
pollutant is emitted at levels below the minimum reporting level.
Indiana's Current SIP
    On June 10, 1994, EPA approved rule 2-6 of Title 326 of the Indiana 
Administrative Code (IAC), as meeting the ``Emission Statement'' 
program requirements of section 182(a)(3)(B) of the CAA. See 59 FR 
29956. Under the existing federally approved SIP for Indiana, the 
emission statement program requirements apply to stationary sources in 
ozone nonattainment areas. In Indiana, this consists of Clark, Elkhart, 
Floyd, Lake, Marion, Porter, St. Joseph, and Vanderburgh counties.

III. What Change Is Indiana Requesting?

    Indiana is requesting that EPA approve the revisions to the 
existing emission reporting rule,326 IAC 2-6, to be consistent with the 
current emission statement program requirements for stationary sources 
in section 182(a)(3)(B) of the CAA. Since the original approval of its 
plan, IDEM has made a number of changes to its rule, discussed more in 
detail below, and has resubmitted the new version of its rule for 
approval.

How Did IDEM Change Its Rule?

    The major change deals with the applicability of the rule. In ozone 
nonattainment areas, facilities which emit VOC or NOX in 
amounts of 25 tons per year or more into the ambient air must submit an 
emission statement to IDEM. Once an area meets the national ambient air 
quality standard and is redesignated to attainment, sources in the area 
are no longer subject to the emission statement requirements of the 
CAA. In the State of Indiana, a number of counties subject to the 
emission statement program have been redesignated as attainment with 
the one-hour ozone standards, and the State has revised regulation 326 
IAC 2-6 to discontinue the requirement in these redesignated areas. 
Emission statements requirements originally applied to sources in 
Clark, Elkhart, Floyd, Lake,

[[Page 63071]]

Marion, Porter, St. Joseph, and Vanderburgh counties. Due to 
redesignations, however, they now only need apply to sources in Lake 
and Porter counties.
    In addition, the State has required reporting of emissions from 
major stationary sources in the State to meet other requirements of the 
CAA. The EPA has long required States to provide for the submission of 
emission data collected for major stationary sources to EPA under 40 
CFR 51. Thus, while some parts of the State sources are required to 
report their emissions data under section 182 of the CAA to the State, 
EPA is also approving this rule as it applies to all major stationary 
sources state-wide.
    Administratively, in this SIP revision there were other changes to 
the emission reporting requirements of 326 IAC 2-6 not considered to be 
significant. The key definitions, compliance schedule, and specific 
reporting requirements that Indiana included in its Emission Statement 
Program are consistent with EPA guidance.
    EPA's detailed review of Indiana's Emission Statement Program is 
contained in a technical support document available from EPA Region 5 
according to previously described procedures in ``Section I. B.'' of 
this notice.

IV. Why Is the Request Approvable?

    EPA has concluded that the Indiana program contains the necessary 
applicability, definitions, compliance schedule and specific reporting 
provisions to meet the requirements for an Emission Statement Program. 
Therefore, EPA is approving the revisions to the emission reporting 
requirements of 326 IAC 2-6, to satisfy the Federal requirement of 
section 182(a)(3)(B) of the CAA for an Emission Statement Program as 
part of the SIP for Indiana.

V. Statutory and Executive Order Review

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

    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).

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.

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 December 28, 2004. 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

[[Page 63072]]

reference, Intergovernmental relations, Volatile organic compounds, 
Ozone.

    Dated: September 24, 2004.
Norman Niedergang,
Acting Regional Administrator, Region 5.

0
Part 52, chapter I, 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)(166) to read as 
follows:


Sec.  52.770  Identification of plan.

* * * * *
    (c) * * *
    (166) On February 10, 2004, Indiana submitted final adopted 
revisions to its emission reporting rule as a requested revision to the 
Indiana State Implementation Plan. On April 12, 2004, Indiana submitted 
its final rule as published in the Indiana Register.
    (i) Incorporation by reference. Indiana Administrative Code Title 
326: Air Pollution Control Board, Article 2: Permit Review Rules, Rule 
6: Emission Reporting. Adopted by the Air Pollution Control Board on 
December 3, 2003, filed with the Secretary of State on February 26, 
2004 and effective on March 27, 2004. Adopted at 27 Indiana Register 
2210-2215.

[FR Doc. 04-24238 Filed 10-28-04; 8:45 am]
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