[Federal Register Volume 73, Number 53 (Tuesday, March 18, 2008)]
[Rules and Regulations]
[Pages 14389-14391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-5287]



[[Page 14389]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2007-0907; FRL-8541-3]


Approval and Promulgation of Air Quality Implementation Plans; 
Indiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a request submitted by the Indiana Department 
of Environmental Management (IDEM) on July 20, 2007, as supplemented on 
December 19, 2007, to revise the Indiana State Implementation Plan 
(SIP). The submission revises the Indiana Administrative Code (IAC) by 
amending the definition of ``References to the Code of Federal 
Regulations,'' to update the references to the Code of Federal 
Regulations (CFR) to refer to the 2006 edition. The rule revision also 
makes minor corrections to amend the definition of ``nonphotochemically 
reactive hydrocarbons'' or ``negligibly photochemically reactive 
compounds,'' and to amend the definition of ``volatile organic 
compound'' or ``VOC.''

DATES: This rule is effective on May 19, 2008, unless EPA receives 
adverse written comments by April 17, 2008. If EPA receives adverse 
comments, 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 your comments, identified by Docket ID No. EPA-R05-
OAR-2007-0907 by one of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: [email protected].
     Fax: (312) 886-5824.
     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.
     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-
2007-0907. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://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 http://www.regulations.gov or e-mail. The http://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 http://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 http://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 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 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. Background
    A. When did the State submit the requested SIP revisions to EPA?
    B. Did Indiana hold public hearings for each of these SIP 
revisions?
II. What are the revisions that the State requests be incorporated 
into the SIP?
III. What action is EPA taking today?
IV. Statutory and Executive Order Reviews

I. Background

A. When did the State submit the requested SIP revisions to EPA?

    IDEM submitted the requested SIP revisions, consisting primarily of 
an updated reference to the 2006 CFR, on July 20, 2007. IDEM 
supplemented its request on December 19, 2007.

B. Did Indiana hold public hearings for each of these SIP revisions?

    IDEM held public hearings on December 6, 2006, and February 7, 
2007. IDEM did not receive any comments concerning the SIP revision.

II. What are the revisions that the State requests be incorporated into 
the SIP?

    The State has requested SIP revisions to include: (1) updated 
references to the CFR at 326 IAC 1-1-3, and (2) deleted references to 
outdated Federal Register citations at 326 IAC 1-2-48 and 326 IAC 1-2-
90.
    A. Rule 326 IAC 1-1-3, definition of ``References to Code of 
Federal Regulations.'' IDEM updated the reference to the CFR in 326 IAC 
1-1-3 from the 2005 edition to the 2006 edition. This is solely an 
administrative change that allows Indiana to reference a more current 
version of the CFR.
    B. Rule 326 IAC 1-2-48, ``nonphotochemically reactive 
hydrocarbons'' or ``negligibly photochemically reactive compounds'' 
defined. The minor corrections to amend 326 IAC 1-2-48 delete language 
in sections (a)(1) and (a)(2) that references outdated Federal Register 
citations.
    C. Rule 326 IAC 1-2-90, ``volatile organic compound'' or ``VOC'' 
defined. The minor corrections to amend 326 IAC 1-2-90 delete outdated 
references to the Federal Register.

[[Page 14390]]

III. What action is EPA taking today?

    We are approving revisions to the Indiana SIP to: (1) Update the 
definitions at 326 IAC 1-1-3, ``References to the CFR,'' and (2) delete 
language that references outdated Federal Register citations in both 
326 IAC 1-2-48, ``nonphotochemically reactive hydrocarbons'' or 
``negligibly photochemically reactive compounds'' defined; and 326 IAC 
1-2-90, ``volatile organic compound'' or ``VOC'' defined.
    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 19, 2008 
without further notice unless we receive relevant adverse written 
comments by April 17, 2008. 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 19, 2008.

IV. 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.).

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 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 19, 2008. 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 5

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.


[[Page 14391]]


    Dated: March 3, 2008.
Bharat Mathur,
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 adding paragraph (c)(186) to read as 
follows:


Sec.  52.770  Identification of plan.

* * * * *
    (c) * * *
    (186) The Indiana Department of Environmental Management submitted 
revisions to Indiana's State Implementation plan on July 20, 2007, as 
revised on December 19, 2007, to amend 326 IAC 1-1-3, ``References to 
the Code of Federal Regulations''; 326 IAC 1-2-48, ``nonphotochemically 
reactive hydrocarbons'' or ``negligibly photochemically reactive 
compounds'' defined; and 326 IAC 1-2-90, ``volatile organic compound'' 
or ``VOC'' defined. The revision to 326 IAC 1-1-3 updates the 
references to CFR from the 2005 edition to the 2006 edition. In 326 IAC 
1-2-48, and 326 IAC 1-2-90, the SIP revision deletes references to 
outdated Federal Register citations.
    (i) Incorporation by reference. The following sections of the 
Indiana Administrative Code (IAC) are incorporated by reference.
    (A) 326 IAC 1-1-3, ``References to the Code of Federal 
Regulations''. Filed with the Secretary of State on April 26, 2007, and 
effective on May 26, 2007. Published in the Indiana Register, on May 
23, 2007 (DIN: 20070523-IR-326060412FRA).
    (B) 326 IAC 1-2-48, ``nonphotochemically reactive hydrocarbons'' or 
``negligibly photochemically reactive compounds'' defined; and 326 IAC 
1-2-90, ``volatile organic compound'' or ``VOC'' defined. Filed with 
the Secretary of State on April 26, 2007, and effective on May 26, 
2007. Published in the Indiana Register, on May 23, 2007 (DIN: 
20070523-IR-326060412FRA).
    (ii) Additional Materials. A December 19, 2007, letter from Daniel 
Murray, Assistant Commissioner of the Indiana Department of 
Environmental Management, Office of Air Quality, which limits the July 
20, 2007, SIP revision request to the following definitions: 326 IAC 1-
1-3, ``References to the CFR''; 326 IAC 1-2-48, ``nonphotochemically 
reactive hydrocarbons'' or ``negligibly photochemically reactive 
compounds'' defined; and 326 IAC 1-2-90, ``volatile organic compound'' 
or ``VOC'' defined.

 [FR Doc. E8-5287 Filed 3-17-08; 8:45 am]
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