Approval and Promulgation of Air Quality Implementation Plans; Indiana; NSR Reform Regulations, 38824-38831 [E6-10679]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 71, Number 131 (Monday, July 10, 2006)]
[Proposed Rules]
[Pages 38824-38831]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-10679]



[[Page 38824]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2004-IN-0006; FRL-8190-9]


Approval and Promulgation of Air Quality Implementation Plans; 
Indiana; NSR Reform Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing partial approval of revisions to the 
prevention of significant deterioration (PSD) and nonattainment new 
source review (NSR) construction permit programs of the State of 
Indiana. On December 31, 2002, EPA published revisions to the federal 
PSD and nonattainment NSR regulations. These revisions are commonly 
referred to as ``NSR Reform'' regulations and became effective on March 
3, 2003. These regulatory revisions include provisions for baseline 
emissions determinations, actual-to-future actual methodology, 
Plantwide Applicability Limits (PAL), Clean Units, and Pollution 
Control Projects (PCP).
    On June 24, 2005, the United States Court of Appeals for the 
District of Columbia Circuit issued its ruling on challenges to the 
December 2002 NSR reform revisions. Although the Court did uphold most 
of EPA's rules, it vacated both the Clean Unit and the PCP provisions. 
In addition, the Court remanded to EPA provision that requires 
recordkeeping and reporting for sources that elect to use the actual-
to-projected actual emission test only where there is a reasonable 
possibility that a project may result in a significant net emissions 
increase. IDEM is seeking partial approval for rules to implement the 
NSR Reform provisions that have not been vacated by the June 24, 2005, 
court decision. This action affects major stationary sources in Indiana 
that are subject to or potentially subject to the PSD or nonattainment 
NSR construction permit program.

DATES: Comments must be received on or before August 9, 2006.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2004-IN-0006, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     E-mail: blakley.pamela@epa.gov.
     Fax: (312) 886-5824.
     Mail: Pamela Blakley, Chief, Air Permits Section, (AR-
18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, 
Chicago, Illinois 60604.
     Hand Delivery: Pamela Blakley, Chief, Air Permits Section, 
(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-
2004-IN-0006. EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through www.regulations.gov 
or e-mail. The www.regulations.gov Web site is an ``anonymous access'' 
system, which means EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an e-mail comment directly to EPA without going through 
www.regulations.gov your e-mail address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, EPA recommends that you include your name and other contact 
information in the body of your comment and with any disk or CD-ROM you 
submit. If EPA cannot read your comment due to technical difficulties 
and cannot contact you for clarification, EPA may not be able to 
consider your comment. Electronic files should avoid the use of special 
characters, any form of encryption, and be free of any defects or 
viruses. For additional instructions on submitting comments, go to 
Section I of the SUPPLEMENTARY INFORMATION section of this document.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Environmental Protection 
Agency, Region 5, Air and Radiation Division, 77 West Jackson 
Boulevard, Chicago, Illinois 60604. This Facility is open from 8:30 
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. We 
recommend that you telephone Sam Portanova, Environmental Engineer, at 
(312) 886-3189 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Sam Portanova, Environmental Engineer, 
Air Permits Section, Air Programs Branch (AR-18J), U.S. Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, (312) 886-3189, portanova.sam@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. What Should I Consider as I Prepare My Comments for EPA?
    II. What Is Being Addressed in This Document?
    III. What Are the Changes That EPA Is Approving?
    IV. What Action Is EPA Taking Today?
    V. Statutory and Executive Order Reviews

I. What Should I Consider as I Prepare My Comments for EPA?

    A. Submitting CBI. Do not submit this information to EPA through 
www.regulations.gov or e-mail. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as 
CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI). In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    B. Tips for Preparing Your Comments. When submitting comments, 
remember to:
    1. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    2. Follow directions--The EPA may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.

[[Page 38825]]

    3. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    4. Describe any assumptions and provide any technical information 
and/or data that you used.
    5. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    6. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    7. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    8. Make sure to submit your comments by the comment period deadline 
identified.

II. What Is Being Addressed in This Document?

    We are proposing to approve revisions to the PSD and nonattainment 
NSR construction permit programs of the State of Indiana. EPA granted 
full approval to Indiana's nonattainment NSR program on October 7, 1994 
(59 FR 51108) and the approval became effective on December 6, 1994. 
EPA granted conditional full approval to Indiana's PSD program on March 
3, 2003 (68 FR 9892), which became effective on April 2, 2003. 
Subsequently, EPA granted final full approval to Indiana's PSD program 
on May 20, 2004 (69 FR 29071), which became effective on July 19, 2004.
    On December 31, 2002, EPA published revisions to the federal PSD 
and nonattainment NSR regulations in 40 CFR Parts 51 and 52 (67 FR 
80186). These revisions are commonly referred to as ``NSR Reform'' 
regulations and became effective on March 3, 2003. These regulatory 
revisions include provisions for baseline emissions determinations, 
actual-to-future actual methodology, PALs, clean units, and PCPs. As 
stated in the December 31, 2002, EPA rulemaking, State and local 
permitting agencies must adopt and submit revisions to their part 51 
permitting programs implementing the minimum program elements of that 
rulemaking no later than January 2, 2006 (67 FR 80240). With this 
submittal, Indiana requests approval of program revisions that satisfy 
this requirement.
    IDEM submitted these regulatory revisions for parallel processing 
on March 22, 2004, which was prior to final adoption of the State 
rules. Indiana adopted the final rules on June 2, 2004. These rules 
were published in the Indiana Register on September 1, 2004. IDEM 
submitted a final request for approval of these rules into the State 
Implementation Plan (SIP) on September 2, 2004 and amended this request 
in an October 5, 2004, letter to EPA. On October 25, 2005, IDEM 
submitted a letter to EPA amending this request to exclude action on 
the Clean Unit and PCP provisions of the state rule.

III. What Are the Changes That EPA Is Approving?

Rule 1.1. General Provisions

326 2-1.1-7 (Fees)
    Indiana has modified the language in 326 IAC 2-1.1-7(3)(D) to add 
``comparison of control technology to BACT or LAER for purposes of a 
clean unit designation as described in 326 IAC 2-2.2-2 or 326 IAC 2-
3.2-2'' to the existing provision requiring fees for best available 
control technology (BACT) or lowest achievable emission rate (LAER) 
control technology analyses. The federal rule does not address 
requirements on fees that permitting authorities may charge applicants. 
However, the fee requirement is consistent with the existing fee 
requirement for BACT and LAER analyses and does not add any additional 
burdens to sources seeking a BACT or LAER technology comparison for 
purposes of qualifying for a clean unit designation.
    Indiana has added language in 326 IAC 2-1.1-7(3)(F) to require fees 
for establishing a PAL permit. The rule assesses a fee of $40 per ton 
of allowable emissions for each PAL pollutant. The federal rule does 
not address requirements on fees that permitting authorities may charge 
applicants. However, Indiana's PAL permit fee is comparable to EPA's 
presumptive fee rate under Title V of the Clean Air Act (the Act), 
which is $38.29, according to the September 17, 2004, EPA memorandum 
titled ``Calculation of the Part 70 Presumptive Minimum Fee Effective 
from September 2004 through August 2005.'' Considering the level of 
detail required for a PAL permit and the amount of resources that a 
permitting authority may devote to developing a PAL permit, which could 
be comparable to that of a Title V permit, a fee similar to that 
required under Title V is acceptable.

Rule 2. Prevention of Significant Deterioration Requirements

326 IAC 2-2-1 (Definitions)

Actual Emissions

    Indiana has revised the definition of ``actual emissions'' in 326 
IAC 2-2-1(b) to add the term ``regulated NSR pollutant'' (see 
definition below), to revise the language to specify the time frame as 
a ``consecutive twenty-four (24) month period,'' and to add language 
stating that this definition does not apply for calculating a 
significant emissions increase or for establishing a PAL. The revised 
definition of ``actual emissions'' is consistent with the definition in 
40 CFR 51.166(b)(21).

Baseline Actual Emissions

    Indiana has established the definition of ``baseline actual 
emissions'' in 326 IAC 2-2-1(e). This is consistent with the definition 
of ``baseline actual emissions'' in 40 CFR 51.166(b)(47).

Best Available Control Technology

    Indiana has modified the definition of ``best available control 
technology'' in 326 IAC 2-2-1(i). The language ``maximum degree of 
reduction for each pollutant subject to regulation under the provisions 
of the CAA'' has been replaced with ``maximum degree of reduction for 
each regulated NSR pollutant.'' This is consistent with the definition 
in 40 CFR 51.166(b)(12).

Clean Unit

    Indiana has established the definition of ``Clean Unit'' in 326 IAC 
2-2-1(m). EPA is not taking action on this definition as it relates to 
the Clean Unit provision.

Continuous Emissions Monitoring System

    Indiana has established the definition of ``continuous emissions 
monitoring system'' in 326 IAC 2-2-1(q). This is consistent with the 
definition of ``continuous emissions monitoring system'' in 40 CFR 
51.166(b)(43).

Continuous Emissions Rate Monitoring System (CERMS)

    Indiana has established the definition of ``continuous emissions 
rate monitoring system'' in 326 IAC 2-2-1(r). This is consistent with 
the definition of ``continuous emissions rate monitoring system'' in 40 
CFR 51.166(b)(46).

Continuous Parameter Monitoring System (CPMS)

    Indiana has established the definition of ``continuous parameter 
monitoring system'' in 326 IAC 2-2-1(s). This is consistent with the 
definition of ``continuous parameter monitoring system'' in 40 CFR 
51.166(b)(45).

Emissions Unit

    Indiana has modified the definition of ``emissions unit'' in 326 
IAC 2-2-1(u). This definition is consistent with the definition of 
``emissions unit'' in 40 CFR 51.166(b)(7). Included in both the federal 
and State definition is the

[[Page 38826]]

statement that a replacement unit is considered an existing unit under 
this definition. However, Indiana's rules do not define ``replacement 
unit,'' which is included in the federal rule at 40 CFR 51.166(b)(32). 
Indiana sent a letter to EPA on October 4, 2004, clarifying that the 
State will follow the federal definition of ``replacement unit,'' and 
committing to add that definition to its PSD rules in a future 
rulemaking.

Federally Enforceable

    Indiana has established the definition of ``federally enforceable'' 
in 326 IAC 2-2-1(w). This is consistent with the definition of 
``federally enforceable'' in 40 CFR 51.166(b)(17).

Lowest Achievable Emission Rate (LAER)

    Indiana has established the definition of ``lowest achievable 
emission rate'' in 326 IAC 2-2-1(cc). This is consistent with the 
definition of ``lowest achievable emission rate'' in 40 CFR 
51.165(a)(1)(xiii).

Major Modification

    Indiana has revised the definition of ``major modification'' in 326 
IAC 2-2-1(ee) to add provisions regarding PCPs and PALs. EPA is not 
taking action on 326 IAC 2-2-1(ee)(2)(H) since it is a PCP provision. 
The remaining portions of this definition are consistent with the 
definition in 40 CFR 51.166(b)(2).

Major Stationary Source

    Indiana has modified the definition of ``major stationary source'' 
in 326 IAC 2-2-1(gg) to replace the phrase ``pollutant subject to 
regulation under the CAA'' with ``regulated NSR pollutant.'' This 
modification is consistent with the definition in 40 CFR 51.166(b)(1).

Net Emissions Increase

    Indiana has modified the definition of ``net emissions increase'' 
in 326 IAC 2-2-1(jj) to be consistent with the definition in the 
federal rule. EPA is not taking action on 326 IAC 2-2-1(jj)(3)(B) since 
it is a clean unit provision. EPA is also not taking action on 326 IAC 
2-2-1(jj)(6)(D) since it is a Clean Unit and PCP provision. The 
remaining portions of this definition are consistent with the 
definition in 40 CFR 51.166(b)(3).

Plantwide Applicability Limit (PAL)

    Indiana has established the definition of ``plantwide applicability 
limit'' in 326 IAC 2-2-1(kk). This is consistent with the definition in 
40 CFR 51.166(w)(2)(v).

Pollution Control Project (PCP)

    Indiana has modified the definition of ``pollution control 
project'' in 326 IAC 2-2-1(ll). EPA is not taking action on this 
definition.

Pollution Prevention

    Indiana has established the definition of ``pollution prevention'' 
in 326 IAC 2-2-1(mm). This is consistent with the definition in 40 CFR 
51.166(b)(38).

Potential To Emit

    Indiana has modified the definition of ``potential to emit'' in 326 
IAC 2-2-1(nn) to change the term ``source'' to ``stationary source,'' 
which is consistent with the definition 40 CFR 51.166(b)(4). Indiana 
has also changed the term ``enforceable'' to ``enforceable as a 
practical matter.'' Indiana's use of the term ``enforceable'' is 
consistent with the decision in Chemical Manufacturers Association v. 
EPA, 70 F.3d 637 (D.C. Cir. 1995).

Predictive Emissions Monitoring System (PEMS)

    Indiana has established the definition of ``predictive emissions 
monitoring system'' in 326 IAC 2-2-1(oo). This is consistent with the 
definition in 40 CFR 51.166(b)(44).

Prevention of Significant Deterioration Program

    Indiana has established the definition of ``prevention of 
significant deterioration program'' in 326 IAC 2-2-1(pp). This is 
consistent with the definition in 40 CFR 51.166(b)(42).

Project

    Indiana has established the definition of ``project'' in 326 IAC 2-
2-1(qq). This is consistent with the definition in 40 CFR 
51.166(b)(51).

Projected Actual Emissions

    Indiana has established the definition of ``projected actual 
emissions'' in 326 IAC 2-2-1(qq). This is consistent with the 
definition in 40 CFR 51.166(b)(51).

Reasonably Available Control Technology (RACT)

    Indiana has established the definition of ``reasonably available 
control technology'' in 326 IAC 2-2-1(tt). This is consistent with the 
definition in 40 CFR 51.100(o).

Regulated NSR Pollutant

    Indiana has established the definition of ``regulated NSR 
pollutant'' in 326 IAC 2-2-1(uu). This is consistent with the 
definition in 40 CFR 51.166(b)(49), with the exception that some 
pollutants listed under 326 IAC 2-2-1(xx)(1) are also hazardous air 
pollutants (HAPs) listed in section 112(b) of the Act. According to the 
preamble to the December 31, 2002, NSR rulemaking (67 FR 80240), 
``State and local agencies with an approved PSD program may continue to 
regulate the HAP now exempted from federal PSD by section 112(b)(6) if 
their PSD regulations provide an independent basis to do so. These 
State and local rules remain in effect unless they are revised to 
provide similar exemptions.'' Indiana has included these HAP pollutants 
in its State PSD rules since prior to the 1990 amendments to the Act, 
which added the 112(b) HAP exemption. Therefore, Indiana may continue 
regulating these pollutants in its PSD rules.

Significant

    Indiana has modified the definition of ``significant'' in 326 IAC 
2-2-1(xx) to change the phrase ``pollutant subject to regulation under 
the CAA'' to ``regulated NSR pollutant.'' This definition has also been 
modified to remove the reference to pollutants listed in Sec.  112(b) 
of the Act because, other than pollutants already listed in 326 IAC 2-
2-1(xx), Sec.  112(b) pollutants are exempt from NSR. These changes are 
consistent with the definition in 40 CFR 51.166(b)(23).

Significant Emissions Increase

    Indiana has established the definition of ``significant emissions 
increase'' in 326 IAC 2-2-1(yy). This is consistent with the definition 
in 40 CFR 51.166(b)(39).

Stationary Source

    Indiana has modified the definition of ``stationary source'' in 326 
IAC 2-2-1(zz) to change the phrase ``pollutant subject to regulation 
under the CAA'' to ``regulated NSR pollutant.'' This change is 
consistent with the definition in 40 CFR 51.166(b)(5).

Minor Revisions to Definitions

    Indiana has made changes to the definitions of ``baseline area,'' 
``baseline concentration,'' ``building, structure, facility, or 
installation,'' ``federal land manager,'' ``reactivation of a very 
clean coal-fired electric utility steam generating unit,'' and 
``repowering'' that are grammatical in nature and do not change the 
substance of the definition.
326 IAC 2-2-2 (Applicability)
    Indiana has modified 326 IAC 2-2-2 to include applicability 
provisions that are consistent with the regulatory language in 40 CFR 
51.166(a)(7). EPA is not taking action on 326 IAC 2-2-2(d)(5) since it 
is a Clean Unit provision. EPA is also not taking action on 326 IAC 2-
2-2(f) since it is a PCP provision. The remaining portions of 326 IAC 
2-2-2 are

[[Page 38827]]

consistent with the requirements in 40 CFR 51.166(a)(7).
326 IAC 2-2-3 (Control Technology Review; Requirements)
    Indiana has modified the provision for ``control technology 
review'' in 326 IAC 2-2-3 to change the phrase ``pollutant subject to 
regulation under the CAA'' to ``regulated NSR pollutant.'' This 
modification is consistent with federal rule language.
326 IAC 2-2-4 (Air Quality Analysis; Requirements)
    Indiana has modified the air quality analysis requirements language 
in 326 IAC 2-2-4(a), 2-2-4(a)(3), 2-2-4(b)(2), 2-2-4(b)(2)(A), and 2-2-
4(b)(2)(B) to include Clean Unit designations for emission units that 
have not previously received a major NSR permit (see 326 IAC 2-2.2-2). 
EPA is not taking action on these revisions.
    326 IAC 2-2-4(a)(1) and 2-2-4(a)(2) have been modified to change 
the phrase ``pollutant subject to regulation under the CAA'' to 
``regulated NSR pollutant.'' This rule language is consistent with the 
federal rule and EPA proposes approval of this revision.
326 IAC 2-2-5 (Air Quality Impact, Requirements)
    Indiana has modified the air quality impact requirements language 
in 326 IAC 2-2-5(b) to include clean unit designations for emission 
units that have not previously received a major NSR permit (see 326 IAC 
2-2.2-2). EPA is not taking action on the modification to 326 IAC 2-2-
5(b).
326 IAC 2-2-6 (Increment Consumption; Requirements)
    Indiana has made changes to 326 IAC 2-2-6 that are grammatical in 
nature and do not change the substance of the definition. EPA proposes 
to approve these changes.
326 IAC 2-2-7 (Additional Analysis; Requirements)
    Indiana has modified the additional impact analysis requirements 
language in 326 IAC 2-2-7 to include the result of Clean Unit 
designations. EPA is not taking action on the modification to 326 IAC 
2-2-7.
326 IAC 2-2-8 Source Obligation
    Indiana has modified 326 IAC 2-2-8 to add provisions for sources 
electing to calculate projected actual emissions. EPA is not taking 
action the modified rule language in 326 IAC 2-2-8(b) which says 
``other than projects at a clean unit or.''
    326 IAC 2-2-8(b) specifies recordkeeping and reporting requirements 
for sources that elect to use the actual-to-projected actual emission 
test and where there is a reasonable possibility that a project may 
result in a significant net emissions increase. The ``reasonable 
possibility'' clause of this provision of the federal rule has been 
remanded to EPA in the June 24, 2005, D.C. Circuit Court ruling. State 
of New York et al. v. EPA, 413 F.3d 3 (D.C. Cir. 2005). At this time, 
EPA has not responded to the remand order and this provision remains a 
part of the federal rule. As IDEM's reasonable possibility clause is 
consistent with the existing federal rule and the remaining portions of 
326 IAC 2-2-8 are consistent with 40 CFR 51.166(r)(6) and (7), we 
propose approval of 326 IAC 2-2-8.
    IDEM provided a letter to EPA dated May 9, 2006, stating its intent 
to make any revisions to 326 IAC 2-2 necessary to incorporate and 
implement federal program revisions should it be necessary for EPA to 
take further action on the remand of 40 CFR 51.166(r)(6). In the 
letter, IDEM also commits to implementing the reasonable possibility 
provision consistent with EPA policy and guidance. EPA proposes to 
approve Indiana's rule with the ``reasonable possibility'' provision 
since Indiana will be implementing this rule provision in a manner 
consistent with EPA regulations, policy, and guidance.
326 IAC 2-2-10 Source Information
    Indiana has modified the source information provision in 326 IAC 2-
2-10 to include sources requesting a Clean Unit designation. EPA is not 
taking action on the modifications to 326 IAC 2-2-10.

Rule 2.2. Clean Unit Designations in Attainment Areas

    As requested by IDEM in its October 25, 2005, letter, EPA is not 
taking action on this Clean Unit provision.

Rule 2.3. Pollution Control Project (PCP) Exclusion Procedural 
Requirements in Attainment Areas

    As requested by IDEM in its October 25, 2005, letter, EPA is not 
taking action on this PCP provision.

Rule 2.4. Actuals Plantwide Applicability Limitations in Attainment 
Areas

326 IAC 2-2.4-1 Applicability
    This section of the Indiana PSD rules regarding PAL applicability 
is consistent with 40 CFR 51.166(w)(1). This rule section refers 
sources in some source categories to the provisions in 326 IAC 2-2.6. A 
separate discussion of 326 IAC 2-2.6 is included in this document.
326 IAC 2-2.4-2 Definitions
    This section of the Indiana PSD rules regarding definitions for 
PALs is consistent with 40 CFR 51.166(w)(2).
326 IAC 2-2.4-3 Permit Application Requirements
    This section of the Indiana PSD rules regarding application 
requirements for PALs is consistent with 40 CFR 51.166(w)(3).
326 IAC 2-2.4-4 Establishing PALs; General Requirements
    This section of the Indiana PSD rules regarding establishing PALs 
is consistent with 40 CFR 51.166(w)(4).
326 IAC 2-2.4-5 Public Participation Requirements for PALs
    This section of the Indiana PSD rules regarding public 
participation for approval of PALs is generally consistent with 40 CFR 
51.166(w)(5). However, the Indiana provision extends to PAL termination 
or revocation. Neither of these activities is addressed in the federal 
rule, but is provided for in the preamble to the federal rule (67 FR 
80209). Therefore, this provision is acceptable. For further discussion 
on PAL termination or revocation, see the paragraph below addressing 
326 IAC 2-2.4-15.
326 IAC 2-2.4-6 Establishing a 10-Year Actuals PAL Level
    This section of the Indiana PSD rules regarding establishing an 
actuals PAL level is consistent with 40 CFR 51.166(w)(6).
326 IAC 2-2.4-7 Contents of the PAL Permit
    This section of the Indiana PSD rules regarding the required 
contents of a PAL permit is consistent with 40 CFR 51.166(w)(7).
326 IAC 2-2.4-8 PAL Effective Period and Reopening of the PAL Permit
    This section of the Indiana PSD rules regarding the effective 
period of a PAL permit and reopening of a PAL permit is consistent with 
40 CFR 51.166(w)(8).
326 IAC 2-2.4-9 Expiration of a PAL
    This section of the Indiana PSD rules regarding the expiration of a 
PAL permit and the subsequent requirement for a source with an expired 
PAL permit is consistent with 40 CFR 51.166(w)(9).
326 IAC 2-2.4-10 Renewal of a PAL
    This section of the Indiana PSD rules regarding the renewal of a 
PAL permit is consistent with 40 CFR 51.166(w)(10).

[[Page 38828]]

326 IAC 2-2.4-11 Increasing a PAL During the PAL Effective Period
    This section of the Indiana PSD rules regarding increases to a PAL 
emission limitation is consistent with 40 CFR 51.166(w)(11).
326 IAC 2-2.4-12 Monitoring Requirements for PALs
    This section of the Indiana PSD rules regarding monitoring 
requirements for PAL sources is consistent with 40 CFR 51.166(w)(12).
326 IAC 2-2.4-13 Recordkeeping Requirements
    This section of the Indiana PSD rules regarding recordkeeping 
requirements for PAL sources is consistent with 40 CFR 51.166(w)(13).
326 IAC 2-2.4-14 Reporting and Notification Requirements
    This section of the Indiana PSD rules regarding reporting and 
notification requirements for PAL sources is consistent with 40 CFR 
51.166(w)(14).
326 IAC 2-2.4-15 Termination and Revocation of a PAL
    This section of the Indiana PSD rules outlines the process for 
terminating or revoking a PAL permit. The federal rule in 40 CFR 51.166 
does not include specific provisions for termination or revocation. The 
preamble to the December 31, 2002, federal NSR rulemaking (67 FR 80209) 
states: ``today's final rules do not contain specific provisions 
related to the issue of terminating a PAL. Decisions about whether a 
PAL can or should be terminated will be handled between you and your 
reviewing authority in accordance with the requirements of the 
applicable permitting program.'' Indiana's requirements for termination 
and revocation are consistent with the requirements for expiration of a 
PAL in 326 IAC 2-2.4-9 and 40 CFR 51.166(w)(9).

Rule 2.6. Federal NSR Requirements for Sources Subject to Pub.L. 231-
2003, Section 6, Endangered Industries

    IDEM's September 2, 2004 submittal included 326 IAC 2-2.6. However, 
this rule had a sunset provision and expired on July 1, 2005. Since 
this rule is no longer in effect, EPA is not including it in this 
proposed partial approval.

Rule 3. Emission Offset (Nonattainment NSR)

326 IAC 2-3-1 (Definitions)

Actual Emissions

    Indiana has revised the definition of ``actual emissions'' in 326 
IAC 2-3-1(b) to add the term ``regulated NSR pollutant'' (see 
definition below), to revise the language to specify the time frame as 
a ``consecutive twenty-four (24) month period,'' and to add language 
stating that this definition does not apply for calculating a 
significant emissions increase or for establishing a PAL. This revision 
to the definition of ``actual emissions'' is consistent with the 
definition in 40 CFR 51.165(a)(1)(xii).

Allowable Emissions

    Indiana has revised the definition of ``allowable emissions'' in 
326 IAC 2-3-1(c) to replace the term ``federally enforceable'' with 
``enforceable.'' Indiana's use of the term ``enforceable'' is 
consistent with the decision in Chemical Manufacturers Association v. 
EPA, 70 F.3d 637 (D.C. Cir. 1995).

Baseline Actual Emissions

    Indiana has established the definition of ``baseline actual 
emissions'' in 326 IAC 2-3-1(d). This is consistent with the definition 
of ``baseline actual emissions'' in 40 CFR 51.165(a)(1)(xxxv).

Best Available Control Technology

    Indiana has modified the definition of ``best available control 
technology'' in 326 IAC 2-3-1(f). The language ``maximum degree of 
reduction for each pollutant subject to regulation under the provisions 
of the CAA'' has been replaced with ``maximum degree of reduction for 
each regulated NSR pollutant.'' This is consistent with the definition 
in 40 CFR 51.165(a)(1)(XL).

Clean Unit

    Indiana has established the definition of ``Clean Unit'' in 326 IAC 
2-3-1(j). EPA is not taking action on this definition as it relates to 
the Clean Unit provision.

Continuous Emissions Monitoring System

    Indiana has established the definition of ``continuous emissions 
monitoring system'' in 326 IAC 2-3-1(n). This is consistent with the 
definition of ``continuous emissions monitoring system'' in 40 CFR 
51.165(a)(1)(xxxi).

Continuous Emissions Rate Monitoring System (CERMS)

    Indiana has established the definition of ``continuous emissions 
rate monitoring system'' in 326 IAC 2-3-1(o). This is consistent with 
the definition of ``continuous emissions rate monitoring system'' in 40 
CFR 51.165(a)(1)(xxxiv).

Continuous Parameter Monitoring System (CPMS)

    Indiana has established the definition of ``continuous parameter 
monitoring system'' in 326 IAC 2-3-1(p). This is consistent with the 
definition of ``continuous parameter monitoring system'' in 40 CFR 
51.165(a)(1)(xxxiii).

Emissions Unit

    Indiana has modified the definition of ``emissions unit'' in 326 
IAC 2-2-1(s). This is consistent with the definition of ``emissions 
unit'' in 40 CFR 51.165(a)(1)(vii). Included in both the federal and 
State definitions is the statement that a replacement unit is 
considered an existing unit under this definition. However, Indiana's 
rules do not define ``replacement unit,'' which is included in the 
federal rule at 40 CFR 51.165(a)(1)(xxi). Indiana sent a letter to EPA 
on October 4, 2004, clarifying that the State will follow the federal 
definition of ``replacement unit,'' and committing to add that 
definition to its nonattainment NSR rules in a future rulemaking.

Federal Land Manager

    Indiana has established the definition of ``Federal Land Manager'' 
in 326 IAC 2-3-1(t). This is consistent with the definition of 
``federal land manager'' in 40 CFR 51.165(a)(1)(xlii).

Federally Enforceable

    Indiana has established the definition of ``federally enforceable'' 
in 326 IAC 2-3-1(u). This is consistent with the definition of 
``federally enforceable'' in 40 CFR 51.165(a)(1)(xiv).

Lowest Achievable Emission Rate (LAER)

    Indiana has established the definition of ``lowest achievable 
emission rate'' in 326 IAC 2-3-1(y). This is consistent with the 
definition of ``lowest achievable emission rate'' in 40 CFR 
51.165(a)(1)(xiii).

Major Modification

    Indiana has modified the definition of ``major modification'' in 
326 IAC 2-3-1(z) to add provisions regarding PCPs and PALs. EPA is not 
taking action on 326 IAC 2-3-1(z)(2)(h) since it is a PCP provision. 
The remaining portions of this definition are consistent with the 
definition in 40 CFR 51.165(a)(1)(v).

Net Emissions Increase

    Indiana has modified the definition of ``net emissions increase'' 
in 326 IAC 2-3-1(dd) to be consistent with the definition in the 
federal rule. EPA is not taking action on 326 IAC 2-3-1(dd)(3)(B)(iii) 
since it is a clean unit

[[Page 38829]]

provision. EPA is also not taking action on 326 IAC 2-3-
1(dd)(3)(B)(v)(EE) since it is a clean unit and PCP provision. The 
remaining portions of this definition are consistent with the 
definition in 40 CFR 51.165(a)(1)(vi).

Nonattainment Major New Source Review Program (NSR Program)

    Indiana has established the definition of ``nonattainment major new 
source review program'' in 326 IAC 2-3-1(ff). This is consistent with 
the definition in 40 CFR 51.165(a)(1)(xxx).

Pollution Control Project (PCP)

    Indiana has modified the definition of ``pollution control 
project'' in 326 IAC 2-3-1(gg). EPA is not taking action on this 
definition.

Pollution Prevention

    Indiana has established the definition of ``pollution prevention'' 
in 326 IAC 2-3-1(hh). This is consistent with the definition in 40 CFR 
51.165(a)(1)(xxvi).

Potential To Emit

    Indiana has modified the definition of ``potential to emit'' in 326 
IAC 2-3-1(ii) to change the term ``source'' to ``stationary source,'' 
which is consistent with the definition in 40 CFR 51.165(a)(1)(iii). 
Indiana has also changed the term ``enforceable'' to ``enforceable as a 
practical matter.'' Indiana's use of the term ``enforceable'' is 
consistent with Chemical Manufacturers Association v. EPA, 70 F.3d 637 
(D.C. Cir. 1995).

Predictive Emissions Monitoring System (PEMS)

    Indiana has established the definition of ``predictive emissions 
monitoring system'' in 326 IAC 2-3-1(jj). This is consistent with the 
definition in 40 CFR 51.165(a)(1)(xxxii).

Prevention of Significant Deterioration Permit

    Indiana has established the definition of ``prevention of 
significant deterioration permit'' in 326 IAC 2-3-1(kk). This is 
consistent with the definition in 40 CFR 51.165(a)(1)(xli).

Project

    Indiana has established the definition of ``project'' in 326 IAC 2-
3-1(ll). This is consistent with the definition in 40 CFR 
51.165(a)(1)(xxxix).

Projected Actual Emissions

    Indiana has established the definition of ``projected actual 
emissions'' in 326 IAC 2-3-1(mm). This is consistent with the 
definition in 40 CFR 51.165(a)(1)(xxviii).

Regulated NSR Pollutant

    Indiana has established the definition of ``regulated NSR 
pollutant'' in 326 IAC 2-3-1(oo). This is consistent with the 
definition in 40 CFR 51.165(a)(1)(xxxvii).

Significant Emissions Increase

    Indiana has established the definition of ``significant emissions 
increase'' in 326 IAC 2-3-1(rr). This is consistent with the definition 
in 40 CFR 51.165(a)(1)(xxvii).

Stationary Source

    Indiana has modified the definition of ``stationary source'' in 326 
IAC 2-3-1(tt) to change the phrase ``pollutant subject to regulation 
under the CAA'' to ``regulated NSR pollutant.'' This change is 
consistent with the definition in 40 CFR 51.165(a)(1)(i).

Minor Revisions to Definitions

    Indiana has made changes to the definitions of ``begin actual 
construction,'' ``building, structure, facility, or installation,'' 
``construction,'' ``fugitive emissions,'' ``major stationary source,'' 
``new,'' and ``reasonable further progress,'' that are grammatical in 
nature and do not change the substance of the definitions. These 
changes are acceptable.
326 IAC 2-3-2 (Applicability)
    Indiana has added regulatory language in 326 IAC 2-3-2(c), (k), and 
(l) to include applicability provisions that are consistent with the 
regulatory language in 40 CFR 51.165(a)(2) for significant emissions 
increases, PALs, and PCPs, respectively. Indiana has also made other 
changes to 326 IAC 2-3-2 that are grammatical in nature and do not 
change the substance of the regulatory provision. EPA is not taking 
action on 326 IAC 2-3-2(c)(5) since it is a Clean Unit provision. EPA 
is also not taking action on 326 IAC 2-3-2(l) since it is a PCP 
provision.
    Indiana has added 326 IAC 2-3-2(m) to include applicability 
provisions that are consistent with the regulatory language in 40 CFR 
51.165(a)(6) and (7) for sources calculating projected actual 
emissions. As requested by IDEM in its October 25, 2005, letter, we are 
not taking action on the rule language in 326 IAC 2-3-2(m) that says 
``other than projects at a clean unit or.''
    326 IAC 2-3-2(m) specifies recordkeeping and reporting requirements 
for sources that elect to use the actual-to-projected actual emission 
test and where there is a reasonable possibility that a project may 
result in a significant net emissions increase. This provision of the 
federal rule has been remanded to EPA in the June 24, 2005, D.C. 
Circuit Court ruling. At this time, EPA has not responded to the remand 
order and this provision remains a part of the federal rule. At this 
time, EPA has not responded to the remand order and this provision 
remains a part of the federal rule. As IDEM's reasonable possibility 
clause is consistent with the existing federal rule and the remaining 
portions of 326 IAC 2-3-2 are consistent with the federal rule, we 
propose approval of 326 IAC 2-3-2.
    IDEM provided a letter to EPA dated XXXX, 2006 stating its intent 
to make any revisions to 326 IAC 2-3 necessary to incorporate and 
implement federal program revisions should it be necessary for EPA to 
take further action on the remand of 40 CFR 51.165(a)(6). In the 
letter, IDEM also commits to implementing the reasonable possibility 
provision consistent with EPA policy and guidance. EPA proposes to 
approve Indiana's rule with the ``reasonable possibility'' provision 
since Indiana will be implementing this rule provision in a manner 
consistent with EPA regulations, policy, and guidance.
326 IAC 2-3-3 (Applicable Requirements)
    Indiana has added the following: (1) Regulatory language in 326 IAC 
2-3-3(a)(6) regarding calculating offsets that is consistent with 40 
CFR 51.165(a)(3)(ii)(J); (2) regulatory language in 326 IAC 2-3-3(a)(8) 
regarding compliance responsibility that is consistent with 40 CFR 
51.165(a)(5); (3) regulatory language in 326 IAC 2-3-3(b)(5) regarding 
offset credits that is consistent with 40 CFR 51.165(a)(3)(ii)(C); (4) 
regulatory language in 326 IAC 2-3-3(b)(12) regarding offsets from 
clean units or PCPs that is consistent with 40 CFR 51.165(a)(3)(ii)(H); 
(5) regulatory language in 326 IAC 2-3-3(b)(13) regarding offsets from 
clean units or PCPs that is consistent with 40 CFR 51.165(a)(3)(ii)(I); 
and (6) regulatory language in 326 IAC 2-3-3(b)(14) regarding emission 
reduction credit that is consistent with 40 CFR 51.165(a)(3)(ii)(G). 
Indiana has also made other changes to 326 IAC 2-3-3 that are 
grammatical in nature and do not change the substance of the regulatory 
provision.
    EPA is not taking action on the modifications to 326 IAC 2-3-
3(b)(12) and 326 IAC 2-3-3(b)(13) as they relate to Clean Units and 
PCPs. EPA proposes approval of the remaining portions of 326 IAC 2-3-3.

[[Page 38830]]

Rule 3.2. Clean Unit Designations in Nonattainment Areas

    As requested by IDEM in its October 25, 2005, letter, EPA is not 
taking action on this clean unit provision.

Rule 3.3. Pollution Control Project Exclusion Procedural Requirements 
in Nonattainment Areas

    As requested by IDEM in its October 25, 2005, letter, EPA is not 
taking action on this PCP provision.

Rule 3.4. Actuals Plantwide Applicability Limitations in Nonattainment 
Areas

326 IAC 2-3.4-1 Applicability
    This section of the Indiana rules regarding PAL applicability is 
consistent with 40 CFR 51.165(f)(1).
    This rule section refers sources in some source categories to the 
provisions in 326 IAC 2-2.6. A separate discussion of 326 IAC 2-2.6 is 
included in this document.
326 IAC 2-3.4-2 Definitions
    This section of the Indiana rules regarding definitions for PALs is 
consistent with 40 CFR 51.165(f)(2).
326 IAC 2-3.4-3 Permit Application Requirements
    This section of the Indiana rules regarding application 
requirements for PALs is consistent with 40 CFR 51.165(f)(3).
326 IAC 2-3.4-4 Establishing PALs; General Requirements
    This section of the Indiana rules regarding establishing PALs is 
consistent with 40 CFR 51.165(f)(4).
326 IAC 2-3.4-5 Public Participation Requirements for PALs
    This section of the Indiana rules regarding public participation 
for approval of PALs is generally consistent with 40 CFR 51.165(f)(5). 
However, the Indiana provision extends to PAL termination or 
revocation. Neither of these activities is addressed in the federal 
rule, but is provided for in the preamble to the federal rule (67 FR 
80209). Therefore, this provision is acceptable. For further discussion 
on PAL termination or revocation, see the paragraph below addressing 
326 IAC 2-3.4-15.
326 IAC 2-3.4-6 Establishing a 10-Year Actuals PAL Level
    This section of the Indiana rules regarding establishing an actuals 
PAL level is consistent with 40 CFR 51.165(f)(6).
326 IAC 2-3.4-7 Contents of the PAL Permit
    This section of the Indiana rules regarding the required contents 
of a PAL permit is consistent with 40 CFR 51.165(f)(7).
326 IAC 2-3.4-8 PAL Effective Period and Reopening of the PAL Permit
    This section of the Indiana rules regarding the effective period of 
a PAL permit and reopening of a PAL permit is consistent with 40 CFR 
51.165(f)(8).
326 IAC 2-3.4-9 Expiration of a PAL
    This section of the Indiana rules regarding the expiration of a PAL 
permit and the subsequent requirement for a source with an expired PAL 
permit is consistent with 40 CFR 51.165(f)(9).
326 IAC 2-3.4-10 Renewal of a PAL
    This section of the Indiana rules regarding the renewal of a PAL 
permit is consistent with 40 CFR 51.165(f)(10).
326 IAC 2-3.4-11 Increasing a PAL During the PAL Effective Period
    This section of the Indiana rules regarding increasing a PAL 
emission limitation is consistent with 40 CFR 51.165(f)(11).
326 IAC 2-3.4-12 Monitoring Requirements for PALs
    This section of the Indiana rules regarding monitoring requirements 
for PAL sources is consistent with 40 CFR 51.165(f)(12).
326 IAC 2-3.4-13 Recordkeeping Requirements
    This section of the Indiana rules regarding recordkeeping 
requirements for PAL sources is consistent with 40 CFR 51.165(f)(13).
326 IAC 2-3.4-14 Reporting and Notification Requirements
    This section of the Indiana rules regarding reporting and 
notification requirements for PAL sources is consistent with 40 CFR 
51.165(f)(14).
326 IAC 2-3.4-15 Termination and Revocation of a PAL
    This section of the Indiana nonattainment NSR rules outlines the 
process for terminating or revoking a PAL permit. The federal rule in 
40 CFR 51.165 does not include specific provisions for termination or 
revocation. The preamble to the December 31, 2002, federal NSR 
rulemaking (67 FR 80209) states ``today's final rules do not contain 
specific provisions related to the issue of terminating a PAL. 
Decisions about whether a PAL can or should be terminated will be 
handled between you and your reviewing authority in accordance with the 
requirements of the applicable permitting program.'' Indiana's 
requirements for termination and revocation are consistent with the 
requirements for expiration of a PAL in 326 IAC 2-3.4-9 and 40 CFR 
51.165(f)(9).

Rule 5.1. Construction of New Sources

326 IAC 2-5.1-4 Transition Procedures
    This revision is not related to the New Source Review Reform 
regulations and is not being evaluated in comparison to the December 
31, 2002, EPA rulemaking. This section of Indiana's permit rules 
provides a transition for construction permit sources to also obtain 
the proper operating permit. The previous version of this section 
allowed a source triggering PSD or nonattainment NSR that is also newly 
subject to Title V to obtain a state minor source operating permit in 
the interim, provided that the source submitted a Title V permit 
application within 12 months of the date of approval to operate. Under 
the revised rule, newly-subject Title V sources do not have this option 
and must obtain a Title V permit as specified in the Title V 
regulations at the time of the PSD or nonattainment NSR permit 
issuance. This provision is more stringent than the federal rule in 
that it does not provide newly subject sources the option of submitting 
a Title V application up to 12 months after construction permit 
approval. EPA proposes approval of this rule revision.

Rule 7. Part 70 Permit Program

326 IAC 2-7-11 Administrative Permit Amendments
    Indiana has included in this submittal revisions to the 
administrative amendment provisions in 326 IAC 2-7-11(a). This 
regulation is a part of Indiana's Title V program and is not a part of 
the SIP. Therefore, EPA will not take action on this rule revision in 
today's proposal.
326 IAC 2-7-12 Permit Modification
    Indiana has included in this submittal revisions to the minor 
permit modification provisions in 326 IAC 2-7-12. This regulation is a 
part of Indiana's Title V program and is not a part of the SIP. 
Therefore, EPA will not take action on this rule revision in today's 
proposal.

IV. What Action Is EPA Taking Today?

    EPA is proposing to partially approve into the Indiana SIP the 
revisions to Indiana's PSD and NSR construction permits program 
submitted by IDEM on

[[Page 38831]]

September 2, 2004. These revisions meet the minimum program 
requirements of the December 31, 2002, EPA NSR Reform rulemaking. As 
requested by IDEM's October 25, 2005 letter, EPA is not taking action 
on the clean unit and PCP provisions of Indiana's rule.

V. Statutory and Executive Order Reviews

Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, September 30, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget.

Paperwork Reduction Act

    This proposed 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.).

Regulatory Flexibility Act

    This proposed action merely proposes to approve state law as 
meeting Federal requirements and imposes no additional requirements 
beyond those imposed by state law. Accordingly, the Administrator 
certifies that this proposed 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 proposes to approve 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 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 proposes to approve 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 13175: Consultation and Coordination With Indian Tribal 
Governments

    This proposed 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 13045: Protection of Children From Environmental Health 
and Safety Risks

    This proposed 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.

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).

National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), 15 U.S.C. 272, requires Federal agencies to use 
technical standards that are developed or adopted by voluntary 
consensus to carry out policy objectives, so long as such standards are 
not inconsistent with applicable law or otherwise impractical. In 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the Clean Air Act. Absent a 
prior existing requirement for the state to use voluntary consensus 
standards, EPA has no authority to disapprove a SIP submission for 
failure to use such standards, and it would thus be inconsistent with 
applicable law for EPA to use voluntary consensus standards in place of 
a program submission that otherwise satisfies the provisions of the 
Clean Air Act. Therefore, the requirements of section 12(d) of the NTTA 
do not apply.

List of Subjects in 40 CFR Part 52

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

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

    Dated: June 15, 2006.
Norman Niedergang,
Acting Regional Administrator, Region 5.
[FR Doc. E6-10679 Filed 7-7-06; 8:45 am]
BILLING CODE 6560-50-P