[Federal Register Volume 72, Number 60 (Thursday, March 29, 2007)]
[Rules and Regulations]
[Pages 14678-14681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5655]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2006-0774; FRL-8284-5]


Approval and Promulgation of Air Quality Implementation Plans; 
Indiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is approving revisions to Indiana's State 
Implementation Plan (SIP) submitted on August 25, 2006, revising its 
existing emission reporting rule to be consistent with the emission 
statement program requirements for stationary sources in the Clean Air 
Act (CAA). The rationale for approval and other information are 
provided in this rulemaking action.

DATES: This direct final rule will be effective May 29, 2007, unless 
EPA receives adverse comments by April 30, 2007. If adverse comments 
are received, EPA will publish a timely withdrawal of

[[Page 14679]]

the direct final rule in the Federal Register informing the public that 
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2006-0774, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-mail: [email protected].
    3. Fax: (312) 886-5824.
    4. Mail: John M. Mooney, Chief, Criteria Pollutant Section, Air 
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West 
Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: John M. Mooney, Chief, Criteria Pollutant 
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection 
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such 
deliveries are only accepted during the Regional Office normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information. The Regional Office official hours of business are 
Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding Federal 
holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2006-0774. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, 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 www.regulations.gov or e-mail. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
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 www.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 this document.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in 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 legal holidays. We 
recommend that you telephone Charles Hatten, Environmental Engineer, at 
(312) 886-6031 before visiting the Region 5 office.

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

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. General Information
II. What Is Required by the Clean Air Act and How Does It Apply to 
Indiana?
III. What Change Is Indiana Requesting?
IV. What Action Is EPA Taking?
V. Statutory and Executive Order Reviews

I. General Information

    This rulemaking applies to stationary sources located in ozone 
nonattainment areas. It requires sources to submit emission statement 
data to the Indiana Department of Environmental Management (IDEM) on an 
annual basis. This collected emission data can help the IDEM develop a 
complete and accurate emission inventory for air quality planning 
purposes at the State, and also meet EPA emission reporting 
requirements.

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 each state to submit 
revisions to its State implementation plan (SIP) to require that the 
owner or operator of each stationary source of oxides of nitrogen 
(NOX) and volatile organic compounds (VOCs) in nonattainment 
areas prepare and submit emission statements each year showing actual 
emissions of those pollutants. This requirement applies to all ozone 
nonattainment areas covered under subpart 2 of part D of Title I of the 
CAA, regardless of classification (marginal, moderate, etc.) In such 
nonattainment areas, facilities which emit VOC or NOX (on a 
plant-wide basis) in amounts of 25 tons per year or more into the 
ambient air must submit an emission statement to the State.
    On June 10, 2002 (67 FR 39602), EPA amended the list of pollutants 
to be reported on emission statements, adding particulate matter with 
an aerodynamic diameter less than or equal to 2.5 micrometers (PM 2.5) 
and ammonia (NH3).
    On April 30, 2004, EPA published its Phase 1 rule to implement the 
8-hour ozone National Ambient Air Quality Standard (NAAQS) (69 FR 
23951). On this same date, EPA set forth nonattainment and attainment 
designations for the 8-hour ozone NAAQS (69 FR 23858).
    EPA has determined that the emission statement program requirements 
previously applicable for the 1-hour ozone NAAQS apply in the same 
manner for the 8-hour NAAQS. See May 3, 2006, memorandum from Thomas C. 
Curran, Director, Air Quality Assessment Division, to Regional Air 
Division Directors, entitled ``Emission Statement Requirement Under 8-
hour Ozone NAAQS implementation.'' Thus, the requirement for emission 
statements under section 182(a)(3)(B) applies to newly-designated 
subpart 2 ozone nonattainment areas. Also, those areas designated 
nonattainment for ozone under the 1-hour ozone NAAQS and then 
designated nonattainment under the 8-hour ozone NAAQS, regardless of 
classification under subpart 2 of part D of Title I of the Act, remain 
subject to the emission statement requirement of section 182(a)(3)(B).

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. 
Subsequently, EPA redesignated a number of counties subject to the 
emission statement program to attainment for the 1-hour ozone standard. 
See, e.g., 59 FR 5439

[[Page 14680]]

(Indianapolis) and 62 FR 64725 (Evansville). On October 29, 2004, EPA 
approved a revision to rule 2-6 to reflect these changes. 69 FR 63069. 
As a result, the emission statement program requirements applied to 
stationary sources in Lake and Porter counties.
    On April 30, 2004, EPA designated Lake, Porter, and LaPorte 
Counties as nonattainment for the 8-hour ozone standard. 69 FR 23858.

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 emission statement program requirements for stationary sources in 
section 182(a)(3)(B) of the CAA. Since, under the existing Federally 
approved SIP for Indiana, the emission statement program requirements 
for the 1-hour ozone NAAQS apply in the same manner as for the 8-hour 
NAAQS, the emission statement program requirements will remain 
applicable to stationary sources in Lake and Porter counties. The 
requirement for emission statements under section 182(a)(3)(B) will 
also apply to LaPorte County, the only newly designated nonattainment 
area in Indiana under subpart 2 of the 8-hour ozone NAAQS.
    Indiana is also requesting that EPA approve the addition of 
particulate matter with an aerodynamic diameter less than or equal to 
2.5 micrometers (PM 2.5) and ammonia (NH3) to the list of pollutants to 
be reported on the emission statement.

IV. What Action Is EPA Taking?

    EPA has determined that the Indiana program contains the necessary 
applicability, compliance and reporting provisions necessary to meet 
the requirements for an emission statement program for all ozone 
nonattainment areas for the 8-hour ozone standard under subpart 2 of 
the CAA. The revision to Indiana's revised emission statement program 
will now include stationary sources in LaPorte County. Therefore, EPA 
is approving the revisions to the emission reporting requirements of 
326 IAC 2-6 to satisfy the Federal requirements for an emission 
statement program as part of the SIP. EPA is also approving Indiana's 
request to include PM 2.5 and NH3 to the list of pollutants to be 
reported in emission statements.
    We are publishing this action without prior proposal because we 
view this as a noncontroversial amendment and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the state plan if relevant adverse 
written comments are filed. This rule will be effective May 29, 2007 
without further notice unless we receive relevant adverse written 
comments by April 30, 2007. If we receive such comments, we will 
withdraw this action before the effective date by publishing a 
subsequent document that will withdraw the final action. All public 
comments received will then be addressed in a subsequent final rule 
based on the proposed action. The EPA will not institute a second 
comment period. Any parties interested in commenting on this action 
should do so at this time. If we do not receive any comments, this 
action will be effective May 29, 2007.

V. 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 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.

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.).

[[Page 14681]]

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 May 29, 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, Nitrogen dioxide, 
Ozone, Reporting and recordkeeping requirements, and Volatile organic 
compounds.

    Dated: February 27, 2007.
Steve Rothblatt,
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 removing and reserving paragraphs 
(c)(91) and (c)(166), and adding paragraph (c)(178) to read as follows:


Sec.  52.770  Identification of plan.

* * * * *
    (c) * * *
    (178) On August 25, 2006, Indiana submitted final adopted revisions 
to its emission reporting requirement rules as a revision to the 
Indiana State Implementation Plan.
    (i) Incorporation by reference. Indiana Administrative Code Title 
326: Air Pollution Control Board, Article 2: Permit Review Rules, Rule 
6 Emission Reporting, Section 1: Applicability, Section 3: Compliance 
schedule, and Section 4: Requirements. Approved by the Attorney General 
June 29, 2006. Approved by the Governor July 13, 2006. Filed with the 
Publisher July 14, 2006. Published on the Indiana Register Web site 
August 9, 2006, Document Identification Number (DIN):20060809-IR-
326050078FRA. Effective August 13, 2006.

 [FR Doc. E7-5655 Filed 3-28-07; 8:45 am]
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