[Federal Register Volume 79, Number 232 (Wednesday, December 3, 2014)]
[Rules and Regulations]
[Pages 71672-71674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28291]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2014-0747; FRL-9919-83-Region 5]


Approval and Promulgation of Air Quality Implementation Plans; 
Indiana

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
request submitted by the Indiana Department of Environmental Management 
(IDEM) on September 17, 2014, to revise the Indiana state 
implementation plan (SIP). The submission revises the Indiana 
Administrative Code (IAC) definition of ``References to the Code of 
Federal Regulations,'' from the 2011 edition to the 2013 edition. There 
is also a revised definition of ``Board.''

DATES: This rule is effective on February 2, 2015, unless EPA receives 
adverse comments by January 2, 2015. If adverse comments are received, 
EPA will publish a timely withdrawal of 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-2014-0747 by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (312) 692-2450.
    4. Mail: Pamela Blakley, Chief, Control Strategies Section, Air 
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West 
Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Pamela Blakley, Chief, Control Strategies 
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-
2014-0747. 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 email. 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 email comment 
directly to EPA without going through www.regulations.gov your email 
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.
    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

[[Page 71673]]

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 Federal 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, Control Strategies 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. What is the background for this action?
II. What revision did the State request be incorporated into the 
SIP?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. What is the background for this action?

    On September 17, 2014, IDEM submitted a request to revise the 
definitions of ``References to the Code of Federal Regulations,'' and 
``Board.''
    On March 19, 2014, IDEM published a ``Notice of Public 
Information'' in several newspapers, and on their Web site at http://www.in.gov/idem/6777.htm, providing a 30-day public comment period on 
the proposed revision to its SIP concerning updates to definitions of 
``References to the Code of Federal Regulations,'' and ``Board.'' The 
notice also informed the public that a hearing was scheduled for April 
9, 2014. A public hearing was held on April 9, 2014. IDEM did not 
receive any comments.

II. What revision did the State request be incorporated into the SIP?

    IDEM has requested that revisions to Indiana's SIP include:

Rule 326 IAC 1-1-3, Definition of ``References to Code of Federal 
Regulations''

    IDEM updated the reference to the Code of Federal Regulations (CFR) 
in 326 IAC 1-1-3 from the 2011 edition to the 2013 edition. This is 
solely an administrative change that allows Indiana to reference a more 
current version of the CFR. By amending 326 IAC 1-1-3 to reference the 
most current version of the CFR, the provision in Title 326 of the IAC 
will be consistent and current with Federal regulations.

Rule 326 IAC 1-2-6.5, Definition of ``Board''

    IDEM made a minor revision to its definition of ``Board.'' 
Currently, SIP rule 326 IAC 1-2-6.5 defines ``Board'' as the ``air 
pollution control board,'' i.e., the Indiana Air Pollution Control 
Board. In 2013, the Air Pollution Control Board, Water Pollution 
Control Board, and the Solid Waste Management Board were consolidated 
into the new Environmental Rules Board. The rule has been revised to 
reflect this consolidation of boards in the state rules.

III. What action is EPA taking?

    EPA is approving revisions to the Indiana SIP to update 326 IAC 1-
1-3, ``References to the Code of Federal Register'', and the definition 
of ``Board,'' at 326 IAC 1-2-6.5.
    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 February 2, 
2015 without further notice unless we receive relevant adverse written 
comments by January 2, 2015. 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 February 2, 2015.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Clean Air Act 
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    This rule is not approved to apply on any Indian reservation land 
or in any other area where EPA or an Indian tribe has demonstrated that 
a tribe has jurisdiction. In those areas of Indian country, the rule 
does not have tribal implications as specified by Executive Order 
13175, nor will it impose substantial direct costs on Tribal 
governments or preempt tribal law.
    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 action and 
other required information to the U.S. Senate,

[[Page 71674]]

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 February 2, 2015. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action 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. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the Proposed 
Rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule and 
address the comment in the proposed rulemaking. 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 oxides, Volatile organic compounds.

    Dated: November 17, 2014.
Susan Hedman,
Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.


0
2. In Sec.  52.770 the table in paragraph (c) is amended by:
0
a. Revising the entry in Article 1, General Provisions for Rule 1, 
``Provisions Applicable Throughout Title 326'' in 1-1-3 ``References to 
the Code of Federal Regulations''; and
0
b. Adding a new entry in numerical order in Article 1, General 
Provisions for Rule 2, ``Definitions'', ``1-2-6.5'' ``Board''. The 
revised and added text reads as follows:


Sec.  52.770  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Indiana Regulations
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                                                              Indiana
        Indiana citation                 Subject          effective date  EPA approval date         Notes
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                                                  * * * * * * *
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                                          Article 1. General Provisions
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                               Rule 1. Provisions Applicable Throughout Title 326
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                                                  * * * * * * *
1-1-3..........................  References to the Code        8/31/2014  12/03/2014,
                                  of Federal Regulations.                  [insert Federal
                                                                           Register
                                                                           citation].
 
                                                  * * * * * * *
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                                               Rule 2. Definitions
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                                                  * * * * * * *
1-2-6.5........................  Board..................       8/31/2014  12/03/2014,
                                                                           [insert Federal
                                                                           Register
                                                                           citation].
 
                                                  * * * * * * *
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[FR Doc. 2014-28291 Filed 12-2-14; 8:45 am]
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