Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Indiana; Lake County Sulfur Dioxide Regulations, Redesignation and Maintenance Plan, 56129-56132 [05-19065]
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Federal Register / Vol. 70, No. 185 / Monday, September 26, 2005 / Rules and Regulations
PART 5—SECRECY OF CERTAIN
INVENTIONS AND LICENSES TO
EXPORT AND FILE APPLICATIONS IN
FOREIGN COUNTRIES
20. The authority citation for 37 CFR
part 5 is revised to read as follows:
I
Authority: 35 U.S.C. 2(b)(2), 41, 181–188,
as amended by the Patent Law Foreign Filing
Amendments Act of 1988, Pub. L. 100–418,
102 Stat. 1567; the Arms Export Control Act,
as amended, 22 U.S.C. 2571 et seq.; the
Atomic Energy Act of 1954, as amended, 42
U.S.C. 2011 et seq.; the Nuclear Non
Proliferation Act of 1978; 22 U.S.C. 3201 et
seq.; and the delegations in the regulations
under these Acts to the Director (15 CFR
734.3(b)(1)(v), 22 CFR 125.04, and 10 CFR
810.7), as well as the Export Administration
Act of 1979, 50 U.S.C. app. 2401 et seq.; the
International Emergency Economic Powers
Act, 50 U.S.C. 1701 et seq.; E.O. 12938, 59
FR 59099, 3 CFR, 1994 Comp., p. 950; E.O.
13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; Notice of August 2, 2005, 70 FR 45273
(August 5, 2005).
21. Section 5.11 is amended by
revising paragraphs (b) and (c) to read
as follows:
I
§ 5.11 License for filing in a foreign
country an application on an invention
made in the United States or for
transmitting international application.
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(b) The license from the
Commissioner for Patents referred to in
paragraph (a) would also authorize the
export of technical data abroad for
purposes relating to the preparation,
filing or possible filing and prosecution
of a foreign patent application without
separately complying with the
regulations contained in 22 CFR parts
121 through 130 (International Traffic in
Arms Regulations of the Department of
State), 15 CFR parts 730–774
(Regulations of the Bureau of Industry
and Security, Department of Commerce)
and 10 CFR part 810 (Foreign Atomic
Energy Programs of the Department of
Energy).
(c) Where technical data in the form
of a patent application, or in any form,
are being exported for purposes related
to the preparation, filing or possible
filing and prosecution of a foreign
patent application, without the license
from the Commissioner for Patents
referred to in paragraphs (a) or (b) of this
section, or on an invention not made in
the United States, the export regulations
contained in 22 CFR parts 120 through
130 (International Traffic in Arms
Regulations of the Department of State),
15 CFR parts 730–774 (Bureau of
Industry and Security Regulations,
Department of Commerce) and 10 CFR
part 810 (Assistance to Foreign Atomic
Energy Activities Regulations of the
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12:27 Sep 23, 2005
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Department of Energy) must be
complied with unless a license is not
required because a United States
application was on file at the time of
export for at least six months without a
secrecy order under § 5.2 being placed
thereon. The term ‘‘exported’’ means
export as it is defined in 22 CFR part
120, 15 CFR part 734 and activities
covered by 10 CFR part 810.
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22. Section 5.19 is revised to read as
follows:
I
§ 5.19
Export of technical data.
(a) Under regulations (15 CFR
734.3(b)(1)(v)) established by the
Department of Commerce, a license is
not required in any case to file a patent
application or part thereof in a foreign
country if the foreign filing is in
accordance with the regulations (§§ 5.11
through 5.25) of the U.S. Patent and
Trademark Office.
(b) An export license is not required
for data contained in a patent
application prepared wholly from
foreign-origin technical data where such
application is being sent to the foreign
inventor to be executed and returned to
the United States for subsequent filing
in the U.S. Patent and Trademark Office
(15 CFR 734.10(a)).
PART 10—REPRESENTATION OF
OTHERS BEFORE THE PATENT AND
TRADEMARK OFFICE
23. The authority citation for 37 CFR
part 10 continues to read as follows:
I
Authority: 5 U.S.C. 500; 15 U.S.C. 1123; 35
U.S.C. 2, 6, 32, 41.
24. Section 10.112 is amended by
revising paragraph (a) to read as follows:
I
§ 10.112 Preserving identity of funds and
property of client.
(a) All funds of clients paid to a
practitioner or a practitioner’s firm,
other than advances for costs and
expenses, shall be deposited in one or
more identifiable bank accounts
maintained in the United States or, in
the case of a practitioner having an
office in a foreign country or registered
under § 11.6(c), in the United States or
the foreign country.
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Dated: September 19, 2005.
Jon W. Dudas,
Under Secretary of Commerce for Intellectual
Property and Director of the United States
Patent and Trademark Office.
[FR Doc. 05–19128 Filed 9–23–05; 8:45 am]
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56129
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[R05–OAR–2005–IN–0004; FRL–7972–6]
Approval and Promulgation of
Implementation Plans and Designation
of Areas for Air Quality Planning
Purposes; Indiana; Lake County Sulfur
Dioxide Regulations, Redesignation
and Maintenance Plan
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: EPA is approving a State
Implementation Plan (SIP) revision for
the control of sulfur dioxide (SO2)
emissions in Lake County, Indiana. The
SIP revision submitted by the Indiana
Department of Environmental
Management (IDEM) amends 326
Indiana Administrative Code (IAC)
Article 7. Indiana’s revised SO2 rule
consists of changes to 326 IAC 7–4
which sets forth facility-specific SO2
emission limitations and recordkeeping
requirements for Lake County. The rule
revision also reflects updates to
company names, updates to emission
limits currently in permits, deletion of
facilities that are already covered by
natural gas limits, and other corrections
and updates. Due to changes in section
numbers, references to citations in other
parts of the rule have also been updated.
EPA is also approving a request to
redesignate the Lake County
nonattainment area to attainment of the
SO2 National Ambient Air Quality
Standards (NAAQS). In conjunction
with these actions, EPA is also
approving the maintenance plan for the
Lake County nonattainment area to
ensure that attainment of the NAAQS
will be maintained. The SIP revision,
redesignation request and maintenance
plan are approvable because they satisfy
the requirements of the Clean Air Act
(Act).
This final rule is effective on
October 26, 2005.
ADDRESSES: EPA has established a
docket for this action under Regional
Material in EDocket (RME) Docket ID
No. R05–OAR–2005–IN–0004. All
documents in the docket are listed in
the RME index at https://docket.epa.gov/
rmepub/, once in the system, select
‘‘quick search,’’ then key in the
appropriate RME Docket identification
number. 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.
DATES:
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56130
Federal Register / Vol. 70, No. 185 / Monday, September 26, 2005 / Rules and Regulations
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically in RME or
in hard copy at the Environmental
Protection Agency, Region 5, Air and
Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. We
recommend that you telephone Christos
Panos, Environmental Engineer, at (312)
353–8328 before visiting the Region 5
office. This Facility is open from 8:30
a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays.
FOR FURTHER INFORMATION CONTACT:
Christos Panos, Environmental
Engineer, Criteria Pollutant Section, Air
Programs Branch (AR–18J), U.S.
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–8328.
panos.christos@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplemental information
section is arranged as follows:
I. What Is the Background for This Action?
II. What Comments Did We Receive on the
Proposed Action?
III. What Action Is EPA Taking Today?
IV. Statutory and Executive Order Reviews
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II. What Comments Did We Receive on
the Proposed Action?
EPA provided a 30-day review and
comment period on the proposal
published in the Federal Register on
July 29, 2005 (70 FR 43820). We
received no comments on our proposed
rulemaking.
III. What Action Is EPA Taking Today?
I. What Is the Background for This
Action?
On July 29, 2005 (70 FR 43820) EPA
proposed to approve into the Indiana
SIP SO2 emission limitations applicable
in Lake County, Indiana. Specifically,
EPA proposed to approve amendments
to rules 326 IAC 7–1.1–1, 326 IAC 7–
1.1–2, 326 IAC 7–2–1, and newly
created 326 IAC 7–4.1. The revised rules
were adopted by the Indiana Air
Pollution Control Board on March 2,
2005, and were submitted by IDEM to
EPA on April 8, 2005. IDEM submitted
a supplement to its submission on July
6, 2005, indicating that the revised rules
became effective June 24, 2005, and
were published in the Indiana Register
on July 1, 2005. EPA proposed to
approve the SO2 redesignation request
submitted by the State of Indiana on
June 21, 2005 to redesignate the Lake
County SO2 nonattainment area to
attainment of the SO2 NAAQS. IDEM
submitted a supplement to its
submission on August 11, 2005,
indicating that the State’s public
comment period concluded on July 29,
2005, and that no comments were
received. Finally, EPA proposed to
approve the maintenance plan
submitted for this area.
EPA proposed this action because the
State’s submittal for the Lake County
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SO2 nonattainment area met the
requirements of the Act. The revised
rules amend SO2 requirements for many
sources in the nonattainment area, and
reflect a reduction of over 30,000 tons
of SO2 per year of allowable emissions
compared to the emission limits in the
previously approved 1989 SIP. The SIP
revision provides for attainment and
maintenance of the SO2 NAAQS and
satisfies the requirements of part D of
the Act applicable to SO2 nonattainment
areas. Further, EPA proposed to approve
the maintenance plan and redesignation
of the Lake County SO2 nonattainment
area to attainment because the State has
met the redesignation and maintenance
plan requirements of the Act. A more
detailed explanation of how the State’s
submittal meets these requirements is
contained in our July 29, 2005 proposal.
EPA is approving the SIP revision for
the control of SO2 emissions in Lake
County, Indiana, as requested by the
State on April 8, 2005, and
supplemented on July 6, 2005. The
revision consists of the amended rule at
326 Indiana Administrative Code (IAC)
Article 7. In this rule, the requirements
in the Table in 326 IAC 7–4–1.1 have
been divided into separate sections for
each facility for clarity and ease of
future rule actions. The new rule, 326
IAC 7–4.1, replaces 326 IAC 7–4–1.1,
which will be repealed. Because the
State has complied with the
requirements of section 107(d)(3)(E) of
the Act, EPA is also approving the
redesignation of the Lake County
nonattainment area to attainment of the
SO2 NAAQS, as requested by the State
on June 21, 2005. In conjunction with
these actions, EPA is also approving
Indiana’s maintenance plan for the Lake
County SO2 nonattainment area as a SIP
revision because it meets the
requirements of section 175A of the Act.
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.
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Executive Order 13211: Actions
Concerning Regulations 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 preexisting 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.
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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
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12:27 Sep 23, 2005
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appropriate circuit by November 25,
2005. 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
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements, Sulfur oxides.
40 CFR Part 81
Air pollution control, National parks,
Wilderness areas.
Dated: September 13, 2005.
Bharat Mathur,
Acting Regional Administrator, Region 5.
For the reasons stated in the preamble,
part 52, chapter I, of title 40 of the Code
of Federal Regulations is amended as
follows:
I
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart P—Indiana
2. Section 52.770 is amended by
adding paragraph (c)(172) to read as
follows:
I
Identification of plan.
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(c) * * *
(172) On April 8, 2005, and as
supplemented on July 6, 2005, Indiana
submitted a State Implementation Plan
(SIP) revision for the control of sulfur
dioxide (SO2) emissions in Lake County,
Indiana. The SIP revision submitted by
the Indiana Department of
Environmental Management (IDEM)
amends 326 Indiana Administrative
Code (IAC) Article 7. Indiana’s revised
SO2 rule consists of changes to 326 IAC
7–4 which sets forth facility-specific
SO2 emission limitations and
recordkeeping requirements for Lake
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County. The rule revision also reflects
updates to company names, updates to
emission limits currently in permits,
deletion of facilities that are already
covered by natural gas limits, and other
corrections and updates. Due to changes
in section numbers, references to
citations in other parts of the rule have
also been updated.
(i) Incorporation by reference.
(A) Amendments to Indiana
Administrative Code Title 326: Air
Pollution Control Board, Article 7
SULFUR DIOXIDE RULES, Rule 1.1
Sulfur Dioxide Emission Limitations,
sections 326 IAC 7–1.1–1,
‘‘Applicability’’, 326 IAC 7–1.1–2
‘‘Sulfur Dioxide Emission Limitations’’,
and 326 IAC 7–2–1 ‘‘Reporting
Requirements: Methods to Determine
Compliance’’; newly created 326 IAC 7–
4.1, ‘‘Lake County Sulfur Dioxide
Emission Limitations’’, adopted by the
Indiana Air Pollution Control Board on
March 2, 2005. Filed with the Secretary
of State May 25, 2005, effective June 24,
2005.
3. Section 52.795 is amended by
adding a new paragraph (h) to read as
follows:
I
§ 52.795
Control strategy: sulfur dioxide.
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PART 52—[AMENDED]
§ 52.770
56131
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(h) Approval—On June 21, 2005, and
as supplemented on August 11, 2005,
the State of Indiana submitted a request
to redesignate the Lake County sulfur
dioxide (SO2) nonattainment area to
attainment of the NAAQS. In its
submittal, the State also requested that
EPA approve the maintenance plan for
the area into the Indiana SO2 SIP. The
redesignation request and maintenance
plan satisfy all applicable requirements
of the Clean Air Act.
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
1. The authority citation for part 81
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
2. Section 81.315 is amended by
revising the entry for Lake County in the
table entitled ‘‘Indiana—SO2’’ to read as
follows:
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§ 81.315
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Indiana.
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56132
Federal Register / Vol. 70, No. 185 / Monday, September 26, 2005 / Rules and Regulations
INDIANA—SO2
Does not meet
primary
standards
Does not meet
secondary
standards
Cannot be
classified
Better than
national
standards
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Lake County ..................................................................................................... ........................
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X
Designated area
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[FR Doc. 05–19065 Filed 9–23–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[FRL–7974–3]
North Dakota: Final Authorization of
State Hazardous Waste Management
Program Revision
Environmental Protection
Agency (EPA).
ACTION: Immediate final rule.
AGENCY:
SUMMARY: North Dakota has applied to
EPA for Final authorization of changes
to its hazardous waste program under
the Resource Conservation and
Recovery Act (RCRA). EPA has
determined that these changes satisfy all
requirements for Final authorization
and is authorizing the State’s changes
through this immediate Final action.
EPA is publishing this rule to authorize
the changes without a prior proposed
rule because we believe this action is
not controversial. Unless we get written
comments opposing this authorization
during the comment period, the
decision to authorize North Dakota’s
changes to their hazardous waste
program will take effect as provided
below. If we receive comments that
oppose this action, we will publish a
document in the Federal Register
withdrawing this rule before it takes
effect. A separate document in the
proposed rules section of this Federal
Register will serve as the proposal to
authorize the State’s changes.
DATES: We must receive your comments
by October 26, 2005. Unless EPA
receives comments that oppose this
action, this Final authorization approval
will become effective without further
notice on November 25, 2005.
ADDRESSES: Submit your comments by
one of the following methods: 1. Federal
eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments. 2.
VerDate Aug<31>2005
12:44 Sep 23, 2005
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E-mail: shurr.kris@epa.gov. 3. Mail: Kris
Shurr, 8P–HW, U.S. EPA, Region 8, 999
18th St, Ste. 300, Denver, Colorado
80202–2466, phone number: (303) 312–
6139. 4. Hand Delivery or Courier: to
Kris Shurr, 8P–HW, U.S. EPA, Region 8,
999 18th St, Ste 300, Denver, Colorado
80202–2466, phone number: (303) 312–
6139.
Instructions: Do not submit
information that you consider to be CBI
or otherwise protected through
regulations.gov, or e-mail. The Federal
regulations.gov website 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
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.
You can view and copy North
Dakota’s application at the following
addresses: NDDH from 9 a.m. to 4 p.m.,
1200 Missouri Ave, Bismarck, ND
58504–5264, contact: Curt Erickson,
phone number (701) 328–5166 and EPA
Region 8, from 8 a.m. to 3 p.m., 999 18th
Street, Suite 300, Denver, CO 80202–
2466, contact: Kris Shurr, phone
number: (303) 312–6139, e-mail:
shurr.kris@epa.gov.
Kris
Shurr, EPA Region 8, 999 18th Street,
Suite 300, Denver, Colorado 80202–
2466, phone number: (303) 312–6139, email: shurr.kris@epa.gov.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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A. Why are revisions to state programs
necessary?
States that have received final
authorization from EPA under RCRA
Section 3006(b), 42 U.S.C. 6926(b), must
maintain a hazardous waste program
equivalent to, consistent with, and no
less stringent than the Federal program.
As the Federal program changes, States
must change their programs and ask
EPA to authorize their changes. Changes
to State programs may be necessary
when Federal or State statutory or
regulatory authority is modified or
when certain other changes occur. Most
commonly, States must change their
programs because of changes to EPA’s
regulations in 40 Code of Federal
Regulations (CFR) parts 124, 260
through 266, 268, 270, 273 and 279.
B. What decisions have we made in this
rule?
We conclude that North Dakota’s
application to revise its authorized
program meets all of the statutory and
regulatory requirements established by
RCRA. Therefore, we grant North Dakota
Final authorization to operate its
hazardous waste program with the
changes described in the authorization
application. North Dakota has
responsibility for permitting Treatment,
Storage, and Disposal Facilities (TSDFs)
within its borders, except in Indian
country, and for carrying out those
portions of the RCRA program described
in its revised program application,
subject to the limitations of the
Hazardous and Solid Waste
Amendments of 1984 (HSWA). New
Federal requirements and prohibitions
imposed by Federal regulations that
EPA promulgates under the authority of
HSWA take effect in authorized States
before they are authorized for the
requirements. Thus, EPA will
implement those requirements and
prohibitions in North Dakota, including
issuing permits, until North Dakota is
authorized to do so.
C. What is the effect of today’s
authorization decision?
The effect of this decision is that
facilities in North Dakota subject to
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]]>Agencies
[Federal Register Volume 70, Number 185 (Monday, September 26, 2005)]
[Rules and Regulations]
[Pages 56129-56132]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-19065]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[R05-OAR-2005-IN-0004; FRL-7972-6]
Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; Indiana; Lake County Sulfur
Dioxide Regulations, Redesignation and Maintenance Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
for the control of sulfur dioxide (SO2) emissions in Lake
County, Indiana. The SIP revision submitted by the Indiana Department
of Environmental Management (IDEM) amends 326 Indiana Administrative
Code (IAC) Article 7. Indiana's revised SO2 rule consists of
changes to 326 IAC 7-4 which sets forth facility-specific
SO2 emission limitations and recordkeeping requirements for
Lake County. The rule revision also reflects updates to company names,
updates to emission limits currently in permits, deletion of facilities
that are already covered by natural gas limits, and other corrections
and updates. Due to changes in section numbers, references to citations
in other parts of the rule have also been updated. EPA is also
approving a request to redesignate the Lake County nonattainment area
to attainment of the SO2 National Ambient Air Quality
Standards (NAAQS). In conjunction with these actions, EPA is also
approving the maintenance plan for the Lake County nonattainment area
to ensure that attainment of the NAAQS will be maintained. The SIP
revision, redesignation request and maintenance plan are approvable
because they satisfy the requirements of the Clean Air Act (Act).
DATES: This final rule is effective on October 26, 2005.
ADDRESSES: EPA has established a docket for this action under Regional
Material in EDocket (RME) Docket ID No. R05-OAR-2005-IN-0004. All
documents in the docket are listed in the RME index at https://
docket.epa.gov/rmepub/, once in the system, select ``quick search,''
then key in the appropriate RME Docket identification number. 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.
[[Page 56130]]
Certain other material, such as copyrighted material, is not placed on
the Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available either electronically
in RME or in hard copy at the Environmental Protection Agency, Region
5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago,
Illinois 60604. We recommend that you telephone Christos Panos,
Environmental Engineer, at (312) 353-8328 before visiting the Region 5
office. This Facility is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays.
FOR FURTHER INFORMATION CONTACT: Christos Panos, Environmental
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J),
U.S. Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 353-8328.
panos.christos@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplemental information
section is arranged as follows:
I. What Is the Background for This Action?
II. What Comments Did We Receive on the Proposed Action?
III. What Action Is EPA Taking Today?
IV. Statutory and Executive Order Reviews
I. What Is the Background for This Action?
On July 29, 2005 (70 FR 43820) EPA proposed to approve into the
Indiana SIP SO2 emission limitations applicable in Lake
County, Indiana. Specifically, EPA proposed to approve amendments to
rules 326 IAC 7-1.1-1, 326 IAC 7-1.1-2, 326 IAC 7-2-1, and newly
created 326 IAC 7-4.1. The revised rules were adopted by the Indiana
Air Pollution Control Board on March 2, 2005, and were submitted by
IDEM to EPA on April 8, 2005. IDEM submitted a supplement to its
submission on July 6, 2005, indicating that the revised rules became
effective June 24, 2005, and were published in the Indiana Register on
July 1, 2005. EPA proposed to approve the SO2 redesignation
request submitted by the State of Indiana on June 21, 2005 to
redesignate the Lake County SO2 nonattainment area to
attainment of the SO2 NAAQS. IDEM submitted a supplement to
its submission on August 11, 2005, indicating that the State's public
comment period concluded on July 29, 2005, and that no comments were
received. Finally, EPA proposed to approve the maintenance plan
submitted for this area.
EPA proposed this action because the State's submittal for the Lake
County SO2 nonattainment area met the requirements of the
Act. The revised rules amend SO2 requirements for many
sources in the nonattainment area, and reflect a reduction of over
30,000 tons of SO2 per year of allowable emissions compared
to the emission limits in the previously approved 1989 SIP. The SIP
revision provides for attainment and maintenance of the SO2
NAAQS and satisfies the requirements of part D of the Act applicable to
SO2 nonattainment areas. Further, EPA proposed to approve
the maintenance plan and redesignation of the Lake County
SO2 nonattainment area to attainment because the State has
met the redesignation and maintenance plan requirements of the Act. A
more detailed explanation of how the State's submittal meets these
requirements is contained in our July 29, 2005 proposal.
II. What Comments Did We Receive on the Proposed Action?
EPA provided a 30-day review and comment period on the proposal
published in the Federal Register on July 29, 2005 (70 FR 43820). We
received no comments on our proposed rulemaking.
III. What Action Is EPA Taking Today?
EPA is approving the SIP revision for the control of SO2
emissions in Lake County, Indiana, as requested by the State on April
8, 2005, and supplemented on July 6, 2005. The revision consists of the
amended rule at 326 Indiana Administrative Code (IAC) Article 7. In
this rule, the requirements in the Table in 326 IAC 7-4-1.1 have been
divided into separate sections for each facility for clarity and ease
of future rule actions. The new rule, 326 IAC 7-4.1, replaces 326 IAC
7-4-1.1, which will be repealed. Because the State has complied with
the requirements of section 107(d)(3)(E) of the Act, EPA is also
approving the redesignation of the Lake County nonattainment area to
attainment of the SO2 NAAQS, as requested by the State on
June 21, 2005. In conjunction with these actions, EPA is also approving
Indiana's maintenance plan for the Lake County SO2
nonattainment area as a SIP revision because it meets the requirements
of section 175A of the Act.
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 Concerning Regulations 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 (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.
[[Page 56131]]
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 November 25, 2005. 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
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur oxides.
40 CFR Part 81
Air pollution control, National parks, Wilderness areas.
Dated: September 13, 2005.
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]
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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)(172) to read as
follows:
Sec. 52.770 Identification of plan.
* * * * *
(c) * * *
(172) On April 8, 2005, and as supplemented on July 6, 2005,
Indiana submitted a State Implementation Plan (SIP) revision for the
control of sulfur dioxide (SO2) emissions in Lake County,
Indiana. The SIP revision submitted by the Indiana Department of
Environmental Management (IDEM) amends 326 Indiana Administrative Code
(IAC) Article 7. Indiana's revised SO2 rule consists of
changes to 326 IAC 7-4 which sets forth facility-specific
SO2 emission limitations and recordkeeping requirements for
Lake County. The rule revision also reflects updates to company names,
updates to emission limits currently in permits, deletion of facilities
that are already covered by natural gas limits, and other corrections
and updates. Due to changes in section numbers, references to citations
in other parts of the rule have also been updated.
(i) Incorporation by reference.
(A) Amendments to Indiana Administrative Code Title 326: Air
Pollution Control Board, Article 7 SULFUR DIOXIDE RULES, Rule 1.1
Sulfur Dioxide Emission Limitations, sections 326 IAC 7-1.1-1,
``Applicability'', 326 IAC 7-1.1-2 ``Sulfur Dioxide Emission
Limitations'', and 326 IAC 7-2-1 ``Reporting Requirements: Methods to
Determine Compliance''; newly created 326 IAC 7-4.1, ``Lake County
Sulfur Dioxide Emission Limitations'', adopted by the Indiana Air
Pollution Control Board on March 2, 2005. Filed with the Secretary of
State May 25, 2005, effective June 24, 2005.
0
3. Section 52.795 is amended by adding a new paragraph (h) to read as
follows:
Sec. 52.795 Control strategy: sulfur dioxide.
* * * * *
(h) Approval--On June 21, 2005, and as supplemented on August 11,
2005, the State of Indiana submitted a request to redesignate the Lake
County sulfur dioxide (SO2) nonattainment area to attainment
of the NAAQS. In its submittal, the State also requested that EPA
approve the maintenance plan for the area into the Indiana
SO2 SIP. The redesignation request and maintenance plan
satisfy all applicable requirements of the Clean Air Act.
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. Section 81.315 is amended by revising the entry for Lake County in
the table entitled ``Indiana--SO2'' to read as follows:
Sec. 81.315 Indiana.
* * * * *
[[Page 56132]]
Indiana--SO2
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Does not meet Does not meet Better than
Designated area primary secondary Cannot be national
standards standards classified standards
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Lake County.................................... .............. .............. .............. X
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[FR Doc. 05-19065 Filed 9-23-05; 8:45 am]
BILLING CODE 6560-50-P
