Approval and Promulgation of Air Quality Implementation Plans; Indiana, 14383-14386 [06-2694]

Download as PDF Federal Register / Vol. 71, No. 55 / Wednesday, March 22, 2006 / Rules and Regulations responsibilities between the Federal Government and Indian tribes. requirements, Security measures, Waterways. Energy Effects I We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a ‘‘significant energy action’’ under that order because it is not a ‘‘significant regulatory action’’ under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. cprice-sewell on PROD1PC70 with RULES Environment We have analyzed this rule under Commandant Instruction M16475.lD, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have concluded that there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, this rule is categorically excluded, under figure 2–1, paragraph (34)(g), of the Instruction, from further environmental documentation. An ‘‘Environmental Analysis Check List’’ and a ‘‘Categorical Exclusion Determination’’ are not required for this rule. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping VerDate Aug<31>2005 15:10 Mar 21, 2006 Jkt 208001 For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: I Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 191; 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 14383 Dated: February 23, 2006. J.A. Servidio, Captain, U.S. Coast Guard, Captain of the Port, St. Petersburg, Florida. [FR Doc. 06–2748 Filed 3–21–06; 8:45 am] BILLING CODE 4910–15–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R05–OAR–2006–0124, FRL–8040–6] Approval and Promulgation of Air Quality Implementation Plans; Indiana Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: 2. A new temporary section 165.T07– 034 is added to read as follows: I § 165.T07–034 Florida. Safety Zone; Tampa Bay (a) Regulated Area. The Coast Guard is establishing a temporary safety zone on the waters of Tampa Bay, Florida in the vicinity of the St. Petersburg Municipal Yacht Basin within approximately 100 feet of the sea wall. This encompasses all waters between the seawall and an imaginary line drawn from the following positions. (All coordinates referenced use datum: NAD 83): 27°46′05″ N., 082°37′33″ W. 27°46′01″ N., 082°37′46″ W. 27°46′03″ N., 082°37′50″ W. 27°46′06″ N., 082°37′54″ W. 27°46′17″ N., 082°37′54″ W. (b) Definitions. The following definition applies to this section: Designated representative means Coast Guard Patrol Commanders including Coast Guard coxswains, petty officers and other officers operating Coast Guard vessels, and Federal, state, and local officers designated by or assisting the Captain of the Port (COTP), Coast Guard Sector St. Petersburg, in the enforcement of the safety zone. (c) Regulations. In accordance with the general regulations in § 165.23 of this part, entry into this regulated area is prohibited to all vessels and persons without the prior permission of the Coast Guard Captain of the Port St. Petersburg or his designated representative. (d) Enforcement Period. This rule will be enforced on March 30, 2006 from 12 p.m. to 6 p.m. and on March 31, 2006 through April 2, 2006 from 8 a.m. to 6 p.m. daily. (e) Dates. This rule is effective from 9 a.m. on March 30, 2006, through 8 p.m. on April 2, 2006. PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 SUMMARY: The EPA is approving a request from the Indiana Department of Environmental Management (IDEM) to revise the Indiana State Implementation Plan (SIP). The revision consists of the repeal of 326 IAC 6–1, and its replacement by new articles 326 IAC 6.5 and 326 IAC 6.8. 326 IAC 6.5 contains particulate matter emission limitations for sources in all counties in Indiana, with the exception of Lake County. Sources located in Lake County are addressed in 326 IAC 6.8. The revision does not change any control requirements or any other provisions in 326 IAC 6–1. DATES: This rule is effective on May 22, 2006, unless EPA receives adverse written comments by April 21, 2006. 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 comments, identified by Regional Material in EDocket (RME) ID No. EPA–R05–OAR– 2006–0124, by one of the following methods: Federal eRulemaking Portal: https:// www.regulations.gov. Follow the on-line instructions for submitting comments. Agency Web site: https:// docket.epa.gov/rmepub/. Regional RME, EPA’s electronic public docket and comments system, is EPA’s preferred method for receiving comments. Once in the system, select ‘‘quick search,’’ then key in the appropriate RME Docket identification number. Follow the online instructions for submitting comments. E-mail: mooney.john@epa.gov. Fax: (312)886–5824. Mail: You may send written comments to: John M. Mooney, Chief, Criteria Pollutant Section, (AR–18J), U.S. E:\FR\FM\22MRR1.SGM 22MRR1 cprice-sewell on PROD1PC70 with RULES 14384 Federal Register / Vol. 71, No. 55 / Wednesday, March 22, 2006 / Rules and Regulations Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Hand delivery: Deliver your comments to: John M. Mooney, Chief, Criteria Pollutant Section, (AR–18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 18th floor, Chicago, Illinois 60604. Such deliveries are only accepted during the Regional Office’s normal hours of operation. The Regional Office’s official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding Federal holidays. Instructions: Direct your comments to RME ID No. EPA–R05–OAR–2006–0124. EPA’s policy is that all comments received will be included in the public docket without change, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through RME, regulations.gov, or e-mail. The EPA RME Web site and the federal regulations.gov Web site are ‘‘anonymous access’’ systems, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through RME or regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional instructions on submitting comments, go to Section I of the SUPPLEMENTARY INFORMATION section of the related proposed rule which is published in the Proposed Rules section of this Federal Register. Docket: All documents in the electronic docket are listed in the RME index at https://docket.epa.gov/rmepub/. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Publicly available docket materials are available either electronically in RME or in hard copy at Environmental VerDate Aug<31>2005 15:10 Mar 21, 2006 Jkt 208001 Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. We recommend that you telephone Jonathan Nichols, Life Scientist, at (312) 353– 7942 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: Jonathan Nichols, Life Scientist, Criteria Pollutant Section, Air Programs Branch (AR–18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353–7942, nichols.jonathan@epa.gov. 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 A. How can I get copies of this document and other related information? B. How and to whom do I submit comments? II. Background III. What are the revisions that the State requests be incorporated into the SIP? IV. What action is EPA taking today? V. Statutory and Executive Order Reviews I. General Information A. How can I get copies of this document and other related information? 1. The Regional Office has established an electronic public rulemaking file available for inspection at RME under ID No. EPA–R05–OAR–2006–0124, and a hard copy file which is available for inspection at the Regional Office. The official public file consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public rulemaking file does not include CBI or other information whose disclosure is restricted by statute. The official public rulemaking file is the collection of materials that is available for public viewing at the Air Programs Branch, Air and Radiation Division, EPA Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604. EPA requests that, if at all possible, you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office’s official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding Federal holidays. 2. Electronic Access. You may access this Federal Register document electronically through the PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 regulations.gov Web site located at https://www.regulations.gov where you can find, review, and submit comments on Federal rules that have been published in the Federal Register, the Government’s legal newspaper, and that are open for comment. For public commenters, it is important to note that EPA’s policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing at the EPA Regional Office, as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in the official public rulemaking file. The entire printed comment, including the copyrighted material, will be available at the Regional Office for public inspection. B. How and to whom do I submit comments? You may submit comments electronically, by mail, or through hand delivery/courier. To ensure proper receipt by EPA, identify the appropriate rulemaking identification number by including the text ‘‘Public comment on proposed rulemaking Region 5 Air Docket EPA–R05–OAR–2006–0124’’ in the subject line on the first page of your comment. Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked ‘‘late.’’ EPA is not required to consider these late comments. For detailed instructions on submitting public comments and on what to consider as you prepare your comments see the ADDRESSES section and the section I General Information of the SUPPLEMENTARY INFORMATION section of the related proposed rule which is published in the Proposed Rules section of this Federal Register. II. Background A. When did the State submit the requested rule revisions to EPA? IDEM submitted the requested rule revisions related to particulate matter emissions limitations on September 1, 2005. B. Did Indiana hold public hearings for each of these rule revisions? IDEM held public hearings for the rule revisions that were submitted on E:\FR\FM\22MRR1.SGM 22MRR1 Federal Register / Vol. 71, No. 55 / Wednesday, March 22, 2006 / Rules and Regulations January 5, 2005, February 2, 2005, and May 4, 2005. C. Did IDEM receive any adverse comments to these changes? IDEM did not receive any comments concerning 326 IAC 6–1 (regarding repealing the rule), or 326 IAC 6.5 and 326 IAC 6.8 (regarding the new articles). III. What are the revisions that the State requests be incorporated into the SIP? The State has requested the following revisions: the repeal of 326 IAC 6–1; the addition of 326 IAC 6.5, Particulate Matter Limitations for each county with the exception of Lake County; and the addition of 326 IAC 6.8, Particulate Matter Limitations for Lake County. This revision renumbers and simplifies the organizational structure of the rule. The revision does not change any control requirements or any other provisions in 326 IAC 6–1. The revisions are described in more detail below: cprice-sewell on PROD1PC70 with RULES Particulate Matter Organizational Changes IDEM has made a few revisions related to the particulate matter rule. These are: repealing 326 IAC 6–1; adding particulate matter limitations for each county, with the exception of Lake County at 326 IAC 6.5; and adding particulate matter emissions limitations for Lake County at 326 IAC 6.8. IDEM has done this in order to streamline future rule amendment processes by having a separate section for each company. This rule eliminates the submittal of hundreds of pages of paper for one emission limit amendment. IV. What action is EPA taking today? We are approving revisions to the Indiana SIP in one area: to repeal 326 IAC 6–1, and to replace it with 326 IAC 6.5 ‘‘Particulate Matter Limitations for all counties with the exception of Lake County,’’ and 326 IAC 6.8 ‘‘Particulate Matter Limitations for Lake County.’’ 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 22, 2006 without further notice unless we receive relevant adverse written comments by April 21, 2006. If we receive such comments, we will withdraw this action before the effective date by publishing a subsequent document that will VerDate Aug<31>2005 15:10 Mar 21, 2006 Jkt 208001 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 22, 2006. 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 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, PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 14385 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 E:\FR\FM\22MRR1.SGM 22MRR1 14386 Federal Register / Vol. 71, No. 55 / Wednesday, March 22, 2006 / Rules and Regulations 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 22, 2006. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Particulate matter, Reporting and recordkeeping requirements. Dated: February 17, 2006. Norman Niedergang, 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 PART 52—[AMENDED] 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)(173) to read as follows: I § 52.770 Identification of plan. cprice-sewell on PROD1PC70 with RULES * * * * * (c) * * * (173) The Indiana Department of Environmental Management submitted amendments to Indiana’s State Implementation Plan on September 1, 2005. The amendments include the repeal of 326 IAC 6–1, which is replaced with new articles 326 IAC 6.5, ‘‘Particulate Matter Limitations for all Counties Except Lake County’’ and 326 IAC 6.8, ‘‘Particulate Matter Limitations for Lake County.’’ (i) Incorporation by reference. The following sections of the Indiana VerDate Aug<31>2005 15:10 Mar 21, 2006 Jkt 208001 Administrative Code are incorporated by reference. (A) Amendments to Indiana Administrative Code Title 326: Air Pollution Control Board, Article 6.5 Particulate Matter Limitations Except Lake County, and Article 6.8 Particulate Matter Limitations For Lake County. Adopted by the Indiana Air Pollution Control Board on May 4, 2005. Filed with the Secretary of State on August 10, 2005 and effective on September 9, 2005. Published at Indiana Register, Volume 28, Number 12, September 1, 2005 (3454). [FR Doc. 06–2694 Filed 3–21–06; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2005–NV–0002, FRL–8040– 8] Revisions to the Nevada State Implementation Plan, Washoe County District Board of Health Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: SUMMARY: EPA is approving revisions to the Washoe County District Board of Health (WCDBH) portion of the Nevada State Implementation Plan (SIP). The WCDBH revisions concern particulate matter (PM–10) emissions from street sanding operations and from street sweeping operations. We are approving local rules under the Clean Air Act as amended in 1990 (CAA or the Act). DATES: This rule is effective on May 22, 2006 without further notice, unless EPA receives adverse comments by April 21, 2006. If we receive such comment, we will publish a timely withdrawal in the Federal Register to notify the public that this rule will not take effect. ADDRESSES: Submit comments, identified by docket number EPA–R09– OAR–2005–NV–0002, by one of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the on-line instructions. • E-mail: steckel.andrew@epa.gov. • Mail or deliver: Andrew Steckel (Air–4), U.S. Environmental Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 94105. Instructions: All comments will be included in the public docket without change and may be made available PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 online at www.regulations.gov, including any personal information provided, unless the comment includes Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Information that you consider CBI or otherwise protected should be clearly identified as such and should not be submitted through www.regulations.gov or e-mail. www.regulations.gov is an ‘‘anonymous access’’ system, and EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send e-mail directly to EPA, your e-mail address will be automatically captured and included as part of the public comment. 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. Docket: The index to the docket for this action is available electronically at www.regulations.gov and in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While all documents in the docket are listed in the index, some information may be publicly available only at the hard copy location (e.g., copyrighted material), and some may not be publicly available in either location (e.g., CBI). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section. Al Petersen, Rulemaking Office (AIR–4), U.S. Environmental Protection Agency, Region IX, (415) 947–4118, petersen.alfred@epa.gov. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ ‘‘us’’ and ‘‘our’’ refer to EPA. Table of Contents I. The State’s Submittal A. What rules did the State submit? B. Are there other versions of these rules? C. What is the purpose of the submitted rules? II. EPA’s Evaluation and Action A. How is EPA evaluating the rules? B. Do the rules meet the evaluation criteria? C. Public Comment and Final Action III. Statutory and Executive Order Reviews I. The State’s Submittal A. What rules did the State submit? Table 1 lists the rules we are approving with the dates that they were adopted by the local air agency and submitted by the Nevada Division of Environmental Protection. E:\FR\FM\22MRR1.SGM 22MRR1

Agencies

[Federal Register Volume 71, Number 55 (Wednesday, March 22, 2006)]
[Rules and Regulations]
[Pages 14383-14386]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-2694]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2006-0124, FRL-8040-6]


Approval and Promulgation of Air Quality Implementation Plans; 
Indiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The EPA is approving a request from the Indiana Department of 
Environmental Management (IDEM) to revise the Indiana State 
Implementation Plan (SIP). The revision consists of the repeal of 326 
IAC 6-1, and its replacement by new articles 326 IAC 6.5 and 326 IAC 
6.8. 326 IAC 6.5 contains particulate matter emission limitations for 
sources in all counties in Indiana, with the exception of Lake County. 
Sources located in Lake County are addressed in 326 IAC 6.8. The 
revision does not change any control requirements or any other 
provisions in 326 IAC 6-1.

DATES: This rule is effective on May 22, 2006, unless EPA receives 
adverse written comments by April 21, 2006. 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 comments, identified by Regional Material in EDocket 
(RME) ID No. EPA-R05-OAR-2006-0124, by one of the following methods:
    Federal eRulemaking Portal: https://www.regulations.gov. Follow the 
on-line instructions for submitting comments.
    Agency Web site: https://docket.epa.gov/rmepub/. Regional RME, EPA's 
electronic public docket and comments system, is EPA's preferred method 
for receiving comments. Once in the system, select ``quick search,'' 
then key in the appropriate RME Docket identification number. Follow 
the on-line instructions for submitting comments.
    E-mail: mooney.john@epa.gov.
    Fax: (312)886-5824.
    Mail: You may send written comments to:
    John M. Mooney, Chief, Criteria Pollutant Section, (AR-18J), U.S.

[[Page 14384]]

Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, 
Illinois 60604.
    Hand delivery: Deliver your comments to: John M. Mooney, Chief, 
Criteria Pollutant Section, (AR-18J), U.S. Environmental Protection 
Agency, Region 5, 77 West Jackson Boulevard, 18th floor, Chicago, 
Illinois 60604. Such deliveries are only accepted during the Regional 
Office's normal hours of operation. The Regional Office's official 
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m. 
excluding Federal holidays.
    Instructions: Direct your comments to RME ID No. EPA-R05-OAR-2006-
0124. EPA's policy is that all comments received will be included in 
the public docket without change, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through RME, regulations.gov, 
or e-mail. The EPA RME Web site and the federal regulations.gov Web 
site are ``anonymous access'' systems, which means EPA will not know 
your identity or contact information unless you provide it in the body 
of your comment. If you send an e-mail comment directly to EPA without 
going through RME or regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional instructions on submitting 
comments, go to Section I of the SUPPLEMENTARY INFORMATION section of 
the related proposed rule which is published in the Proposed Rules 
section of this Federal Register.
    Docket: All documents in the electronic docket are listed in the 
RME index at https://docket.epa.gov/rmepub/. Although listed in the 
index, some information is not publicly available, i.e., CBI or other 
information whose disclosure is restricted by statute. Publicly 
available docket materials are available either electronically in RME 
or in hard copy at Environmental Protection Agency, Region 5, Air and 
Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. 
We recommend that you telephone Jonathan Nichols, Life Scientist, at 
(312) 353-7942 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: Jonathan Nichols, Life Scientist, 
Criteria Pollutant Section, Air Programs Branch (AR-18J), U.S. 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 353-7942, nichols.jonathan@epa.gov.

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
    A. How can I get copies of this document and other related 
information?
    B. How and to whom do I submit comments?
II. Background
III. What are the revisions that the State requests be incorporated 
into the SIP?
IV. What action is EPA taking today?
V. Statutory and Executive Order Reviews

I. General Information

A. How can I get copies of this document and other related information?

    1. The Regional Office has established an electronic public 
rulemaking file available for inspection at RME under ID No. EPA-R05-
OAR-2006-0124, and a hard copy file which is available for inspection 
at the Regional Office. The official public file consists of the 
documents specifically referenced in this action, any public comments 
received, and other information related to this action. Although a part 
of the official docket, the public rulemaking file does not include CBI 
or other information whose disclosure is restricted by statute. The 
official public rulemaking file is the collection of materials that is 
available for public viewing at the Air Programs Branch, Air and 
Radiation Division, EPA Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604. EPA requests that, if at all possible, you contact the 
person listed in the FOR FURTHER INFORMATION CONTACT section to 
schedule your inspection. The Regional Office's official hours of 
business are Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding 
Federal holidays.
    2. Electronic Access. You may access this Federal Register document 
electronically through the regulations.gov Web site located at https://
www.regulations.gov where you can find, review, and submit comments on 
Federal rules that have been published in the Federal Register, the 
Government's legal newspaper, and that are open for comment.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing at the EPA Regional Office, 
as EPA receives them and without change, unless the comment contains 
copyrighted material, CBI, or other information whose disclosure is 
restricted by statute. When EPA identifies a comment containing 
copyrighted material, EPA will provide a reference to that material in 
the version of the comment that is placed in the official public 
rulemaking file. The entire printed comment, including the copyrighted 
material, will be available at the Regional Office for public 
inspection.

B. How and to whom do I submit comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate rulemaking identification number by including the text 
``Public comment on proposed rulemaking Region 5 Air Docket EPA-R05-
OAR-2006-0124'' in the subject line on the first page of your comment. 
Please ensure that your comments are submitted within the specified 
comment period. Comments received after the close of the comment period 
will be marked ``late.'' EPA is not required to consider these late 
comments.
    For detailed instructions on submitting public comments and on what 
to consider as you prepare your comments see the ADDRESSES section and 
the section I General Information of the SUPPLEMENTARY INFORMATION 
section of the related proposed rule which is published in the Proposed 
Rules section of this Federal Register.

II. Background

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

    IDEM submitted the requested rule revisions related to particulate 
matter emissions limitations on September 1, 2005.

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

    IDEM held public hearings for the rule revisions that were 
submitted on

[[Page 14385]]

January 5, 2005, February 2, 2005, and May 4, 2005.

C. Did IDEM receive any adverse comments to these changes?

    IDEM did not receive any comments concerning 326 IAC 6-1 (regarding 
repealing the rule), or 326 IAC 6.5 and 326 IAC 6.8 (regarding the new 
articles).

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

    The State has requested the following revisions: the repeal of 326 
IAC 6-1; the addition of 326 IAC 6.5, Particulate Matter Limitations 
for each county with the exception of Lake County; and the addition of 
326 IAC 6.8, Particulate Matter Limitations for Lake County. This 
revision renumbers and simplifies the organizational structure of the 
rule. The revision does not change any control requirements or any 
other provisions in 326 IAC 6-1. The revisions are described in more 
detail below:

Particulate Matter Organizational Changes

    IDEM has made a few revisions related to the particulate matter 
rule. These are: repealing 326 IAC 6-1; adding particulate matter 
limitations for each county, with the exception of Lake County at 326 
IAC 6.5; and adding particulate matter emissions limitations for Lake 
County at 326 IAC 6.8. IDEM has done this in order to streamline future 
rule amendment processes by having a separate section for each company. 
This rule eliminates the submittal of hundreds of pages of paper for 
one emission limit amendment.

IV. What action is EPA taking today?

    We are approving revisions to the Indiana SIP in one area: to 
repeal 326 IAC 6-1, and to replace it with 326 IAC 6.5 ``Particulate 
Matter Limitations for all counties with the exception of Lake 
County,'' and 326 IAC 6.8 ``Particulate Matter Limitations for Lake 
County.''
    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 22, 2006 
without further notice unless we receive relevant adverse written 
comments by April 21, 2006. 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 22, 2006.

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.).

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

[[Page 14386]]

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 22, 2006. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Particulate matter, Reporting and recordkeeping 
requirements.

    Dated: February 17, 2006.
Norman Niedergang,
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)(173) to read as 
follows:


Sec.  52.770  Identification of plan.

* * * * *
    (c) * * *
    (173) The Indiana Department of Environmental Management submitted 
amendments to Indiana's State Implementation Plan on September 1, 2005. 
The amendments include the repeal of 326 IAC 6-1, which is replaced 
with new articles 326 IAC 6.5, ``Particulate Matter Limitations for all 
Counties Except Lake County'' and 326 IAC 6.8, ``Particulate Matter 
Limitations for Lake County.''
    (i) Incorporation by reference. The following sections of the 
Indiana Administrative Code are incorporated by reference.
    (A) Amendments to Indiana Administrative Code Title 326: Air 
Pollution Control Board, Article 6.5 Particulate Matter Limitations 
Except Lake County, and Article 6.8 Particulate Matter Limitations For 
Lake County. Adopted by the Indiana Air Pollution Control Board on May 
4, 2005. Filed with the Secretary of State on August 10, 2005 and 
effective on September 9, 2005. Published at Indiana Register, Volume 
28, Number 12, September 1, 2005 (3454).

[FR Doc. 06-2694 Filed 3-21-06; 8:45 am]
BILLING CODE 6560-50-P
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