Approval and Promulgation of Air Quality Implementation Plans; Indiana, 41450-41453 [E7-14476]
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Federal Register / Vol. 72, No. 145 / Monday, July 30, 2007 / Rules and Regulations
amounts attributed under section
1248(c)(2)) and the earnings and profits
attributable to the stock of the
distributee accumulated after the
liquidation (including amounts
attributed under section 1248(c)(2)).
(2) Special rule regarding section 381.
Solely for purposes of determining the
earnings and profits (or deficit in
earnings and profits) attributable to
stock under this paragraph (c), the
attributed earnings and profits of a
corporation shall not include earnings
and profits that are treated as received
or incurred pursuant to section
381(c)(2)(A) and § 1.381(c)(2)–1(a).
(3) Example. (i) Facts. DC, a domestic
corporation, has owned all of the stock of
CFC1, a foreign corporation, since its
formation on January 1, year 1. CFC1 is an
operating company that has owned all of the
stock of CFC2, a foreign corporation, since its
formation on January 1, year 1. On December
31, year 2, CFC1 has $200 of accumulated
earnings and profits and CFC2 has a ($200)
deficit in earnings and profits. On December
31, year 2, CFC2 distributes all of its assets
and liabilities to CFC1 in a liquidation to
which section 332 applies. From January 1,
year 3, until December 31, year 4, CFC1
accumulates no additional earnings and
profits. On December 31, year 4, DC sells its
stock in CFC1.
(ii) Result. Pursuant to paragraph (c)(1) of
this section, there are no earnings and profits
attributable to DC’s CFC1 stock. This amount
consists of the sum of the earnings and
profits attributable to the CFC1 stock
immediately before the liquidation (100% of
the $200 accumulated earnings and profits of
CFC1 and 100% of CFC2’s ($200) deficit in
earnings and profits) and the amount of
earnings and profits accumulated after the
section 332 liquidation (see also section
1248(c)(2)).
(d) Effective/applicability date. This
section applies to income inclusions
that occur on or after July 30, 2007.
Kevin M. Brown,
Deputy Commissioner for Services and
Enforcement.
Approved: July 16, 2007.
Eric Solomon,
Assistant Secretary of the Treasury (Tax
Policy).
[FR Doc. E7–14466 Filed 7–27–07; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2007–0236; FRL–8444–3]
Partial Withdrawal of Direct Final Rule
Revising the California State
Implementation Plan, San Joaquin
Valley Air Pollution Control District
Environmental Protection
Agency (EPA).
ACTION: Final rule; partial withdrawal.
AGENCY:
SUMMARY: On May 30, 2007 (72 FR
29886), EPA published a direct final
approval of revisions to the California
State Implementation Plan (SIP). These
revisions concerned San Joaquin Valley
Air Pollution Control District
(SJVAPCD) Rule 4307, Boilers, Steam
Generators and Process Heaters—2.0
MMBtu/hr to 5.0 MMBtu/hr; Rule 4308,
Boilers, Steam Generators and Process
Heaters—0.075 MMBtu/hr to 2.0
MMBtu/hr; Rule 4309, Dryers,
Dehydrators, and Ovens; Rule 4352,
Solid Fuel Fired Boilers, Steam
Generators and Process Heaters; and
Rule 4905, Natural Gas-Fired, Fan-Type
Residential Central Furnaces. The direct
final action was published without prior
proposal because EPA anticipated no
adverse comment. The direct final rule
stated that if adverse comments were
received by June 29, 2007, EPA would
publish a timely withdrawal in the
Federal Register. EPA received timely
adverse comments. Consequently, with
this revision we are withdrawing the
direct final approval of SJVAPCD Rule
4352. EPA will either address the
comments in a subsequent final action
based on the parallel proposal also
published on May 30, 2007 (72 FR
29901), or repropose an alternative
action. As stated in the parallel
proposal, EPA will not institute a
second comment period on a
subsequent final action. The other rules
approved in the May 30, 2007 direct
final action, SJVAPCD Rules 4307, 4308,
4309, and 4905, are not affected by this
partial withdrawal and are incorporated
into the SIP as of the effective date of
the May 30, 2007 direct final action.
DATES: This rule and withdrawal are
effective July 30, 2007.
ADDRESSES: EPA has established docket
number EPA–R09–OAR–2007–0236 for
this action. The index to the docket is
available electronically at https://
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
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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.
FOR FURTHER INFORMATION CONTACT:
´˜
Francisco Donez, EPA Region IX, (415)
972–3956, Donez.Francisco@epa.gov.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements.
Dated: July 10, 2007.
Keith Takata,
Acting Regional Administrator, Region IX.
Part 52, chapter I, 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.
2. Section 52.220 is amended by
revising paragraph (c)(347)(i)(A)(1) to
read as follows:
I
§ 52.220
Identification of plan.
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(c) * * *
(347) * * *
(i) * * *
(A) * * *
(1) Rule 4307, adopted on April 20,
2006.
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[FR Doc. E7–14679 Filed 7–27–07; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2007–0292; FRL–8442–9]
Approval and Promulgation of Air
Quality Implementation Plans; Indiana
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: EPA is approving Indiana’s
requests to amend its State
Implementation Plan (SIP) for control of
particulate matter in 326 IAC 6.5–7–13.
Indiana submitted the SIP revision
requests to EPA on November 1, 2005
and March 20, 2007. The revisions
would change the source name from St.
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Federal Register / Vol. 72, No. 145 / Monday, July 30, 2007 / Rules and Regulations
Mary’s to Holy Cross Services
Corporation (Saint Mary’s Campus), and
clarify and revise existing particulate
matter (PM) emission limits for the
boilers at that source to reflect current
operating conditions. These revisions
will not result in an increase in PM.
DATES: This direct final rule will be
effective September 28, 2007, unless
EPA receives adverse comments by
August 29, 2007. If adverse comments
are received, EPA will publish a timely
withdrawal of the direct final rule in the
Federal Register informing the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2007–0292, by one of the
following methods:
1. https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
2. E-mail: mooney.john@epa.gov.
3. Fax: (312) 886–5824.
4. Mail: John M. Mooney, Chief,
Criteria Pollutant Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: John M. Mooney,
Chief, Criteria Pollutant Section, Air
Programs Branch (AR–18J), U.S.
Environmental Protection Agency, 77
West Jackson Boulevard, Chicago,
Illinois 60604. Such deliveries are only
accepted during the Regional Office
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information. The
Regional Office official hours of
business are Monday through Friday,
8:30 a.m. to 4:30 p.m. excluding Federal
holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R05–OAR–2007–
0292. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
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 https://
www.regulations.gov or e-mail. The
https://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 https://
www.regulations.gov, your e-mail
address will be automatically captured
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and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the docket
are listed in the https://
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 https://
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This Facility is open
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal
holidays. We recommend that you
telephone Charles Hatten,
Environmental Engineer, at (312) 886–
6031 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Charles Hatten, Environmental
Engineer, Criteria Pollutant Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6031,
Hatten.Charles@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. To Whom Does This Action Apply?
II. What Is EPA Approving?
III. What Are the Changes from the Current
Rule?
IV. What Action Is EPA Taking?
V. Statutory and Executive Order Reviews.
I. To Whom Does This Action Apply?
This action applies to Holy Cross
Services Corporation (Saint Mary’s
Campus), Notre Dame, Indiana.
II. What Is EPA Approving?
EPA is approving revisions to
Indiana’s PM SIP for the three boilers
located in St. Joseph County, Notre
Dame, Indiana. The revisions address
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Title 326 of the Indiana Administrative
Code (IAC), Rule 6.5–7, Section 13, to
clarify and amend existing PM emission
limits. They also change the source
name from St. Mary’s to Holy Cross
Services Corporation (Saint Mary’s
Campus).
Indiana held public hearings on these
revisions February 2, and June 1, 2005;
June 7, and August 2, 2006.
III. What Are the Changes From the
Current Rule?
On March 22, 2006 (71 FR 14383),
EPA published a direct final rule
approving revisions to the Indiana SIP
in 326 IAC 6.5–7 to relocate and
recodify PM emission limits for all
sources in St. Joseph County, Indiana.
Today’s action revises 326 IAC 6.5–7,
Section 13, which contains particulate
emission limits for the boilers at St.
Mary’s College in Notre Dame, Indiana,
to reflect current operating conditions
and ownership by Holy Cross Services
Corporation of those boilers.
Currently, SIP rule 326 IAC 6.5–7–13
identifies St. Mary’s College as the
owner, operator and permittee of the
subject boilers. It also incorrectly lists
boiler number 1 as 100% natural gasfired, and boilers number 2 and 3 as
coal-fired. According to Indiana,
however, boilers numbers 1 and 2 are
actually gas-fired, with the capability of
burning number 2 fuel oil as a back-up,
while boiler number 3 exclusively burns
natural gas. The revised rule corrects
this error. It also tightens the applicable
PM limits for the two boilers that have
oil-burning capability (boilers number 1
and 2): from 0.110 lbs/MMBTU (12.90
tons/year) to 0.014 lbs/MMBTU (3.9
tons/year).
Finally, the SIP revision amends 326
IAC 6.5–7–13 by correctly identifying
the owner, operator and permittee of the
St. Mary’s boilers as Holy Cross
Services.
IV. What Action is EPA Taking?
EPA is approving source-specific
revisions to Indiana’s PM SIP in 326
IAC 6.5–7 to change the name of the
owner, operator and permittee of the
three boilers at St. Mary’s College to
Holy Cross Services Corporation (Saint
Mary’s Campus), and to revise the PM
limits to reflect current operating
conditions of the boilers at St. Mary’s
College.
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
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state plan if relevant adverse written
comments are filed. This rule will be
effective September 28, 2007 without
further notice unless we receive relevant
adverse written comments by August
29, 2007. 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
September 28, 2007.
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.).
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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).
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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 (CAA).
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 approves a
state rule implementing a Federal
Standard.
National Technology Transfer
Advancement Act
Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. section 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by September 28, 2007. 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, Intergovernmental relations,
PM, Reporting and recordkeeping
requirements.
In reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the CAA. 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 CAA. 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.
Dated: July 11, 2007.
Bharat Mathur,
Acting Regional Administrator, Region 5.
Paperwork Reduction Act
§ 52.770
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.).
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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. § 52.770 is amended by adding
paragraph (c)(180) to read as follows:
I
Identification of plan.
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(c) * * *
(180) On November 1, 2005, and
supplemented on March 20, 2007, the
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State of Indiana submitted a source
specific revision to its state
implementation plan for control of
particulate matter in Title 326 of the
Indiana Administrative Code (IAC),
Rule 6.5–7, Section 13, which contains
particulate matter emission limits for
Holy Cross Services Corporation, to
reflect current operating conditions of
the boilers at St. Mary’s College, located
in Notre Dame, Indiana. The revision in
326 IAC 6.5–7–13 also changes the
source name from St. Mary’s to Holy
Cross Services Corporation (Saint
Mary’s Campus).
(i) Incorporation by reference. Indiana
Administrative Code Title 326: Air
Pollution Control Board, Article 6.5: PM
Limitations Except Lake County, Rule 7:
St. Joseph County, Section 13: Holy
Cross Services Corporation (Saint
Mary’s Campus). Approved by the
Attorney General January 18, 2007.
Approved by the Governor January 23,
2007. Filed with the Publisher January
26, 2007. Published on the Indiana
Register Web site February 14, 2007,
Document Identification Number
(DIN):20070214–IR–326060121FRA.
Effective February 25, 2007.
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[FR Doc. E7–14476 Filed 7–27–07; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 97
[EPA–R06–OAR–2007–0252; FRL–8446–3]
Approval and Promulgation of
Implementation Plans; Texas; Clean
Air Interstate Rule Nitrogen Oxides
Annual Trading Program
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
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AGENCY:
SUMMARY: EPA is taking a direct final
action to approve a revision to the Texas
State Implementation Plan (SIP)
submitted by the State of Texas on
August 4, 2006, as the Texas Clean Air
Interstate Rule (CAIR) Nitrogen Oxides
(NOX) Annual Abbreviated SIP. The
abbreviated SIP revision EPA is
approving includes the Texas
methodologies for allocation of annual
NOX allowances for Phase 1 of CAIR,
the control periods 2009 through 2014,
and for allocating allowances from the
compliance supplement pool (CSP) in
the CAIR NOX annual trading program.
EPA has determined that the Texas
CAIR NOX Annual Abbreviated SIP
revision satisfies the applicable
requirements of a CAIR abbreviated SIP
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revision. Upon the effective date of
approval of the Texas CAIR NOX
Annual Abbreviated SIP revision, EPA
by ministerial action will note in the
Texas CAIR NOX Annual Federal
Implementation Plan’s (FIP)
incorporated regulations that the Texas
rules for annual NOX allowances under
Phase 1 of CAIR and allocating
allowances from the CSP apply, rather
than the Federal FIP rules.
The intended effect of this action is to
reduce NOX emissions from the State of
Texas that are contributing to
nonattainment of the PM2.5 National
Ambient Air Quality Standard (NAAQS
or standard) in downwind states. This
action is being taken under section 110
of the Federal Clean Air Act (the Act or
CAA).
DATES: This rule is effective on
September 28, 2007 without further
notice, unless EPA receives relevant
adverse comment by August 29, 2007. If
EPA receives such comment, EPA will
publish a timely withdrawal in the
Federal Register informing the public
that this rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R06–
OAR–2007–0252, by one of the
following methods:
(1) https://www.regulations.gov :
Follow the on-line instructions for
submitting comments.
(2) E-mail: Mr. Jeff Robinson at
robinson.jeffrey@epa.gov. Please also cc
the person listed in the FOR FURTHER
INFORMATION CONTACT paragraph below.
(3) U.S. EPA Region 6 ‘‘Contact Us’’
Web site: https://epa.gov/region6/
r6coment.htm. Please click on ‘‘6PD’’
(Multimedia) and select ‘‘Air’’ before
submitting comments.
(4) Fax: Mr. Jeff Robinson, Chief, Air
Permits Section (6PD–R), at fax number
214–665–6762.
(5) Mail: Mr. Jeff Robinson, Chief, Air
Permits Section (6PD–R), Environmental
Protection Agency, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202–2733.
(6) Hand or Courier Delivery: Mr. Jeff
Robinson, Chief, Air Permits Section
(6PD–R), Environmental Protection
Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202–2733. Such
deliveries are accepted only between the
hours of 8:30 a.m. and 4:30 p.m.
weekdays except for legal holidays.
Special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R06–OAR–2007–
0252. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
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41453
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
the disclosure of which is restricted by
statute. Do not submit information
through https://www.regulations.gov or
e-mail, if you believe that it is CBI or
otherwise protected from disclosure.
The https://www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means that 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 https://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 along with any disk or CD–
ROM submitted. 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 and any form of encryption
and should be free of any defects or
viruses. For additional information
about EPA’s public docket, visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information the disclosure of which is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically in http;//
www.regulations.gov or in hard copy at
the Air Permits Section (6PD–R),
Environmental Protection Agency, 1445
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E:\FR\FM\30JYR1.SGM
30JYR1
]]>Agencies
[Federal Register Volume 72, Number 145 (Monday, July 30, 2007)]
[Rules and Regulations]
[Pages 41450-41453]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-14476]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2007-0292; FRL-8442-9]
Approval and Promulgation of Air Quality Implementation Plans;
Indiana
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving Indiana's requests to amend its State
Implementation Plan (SIP) for control of particulate matter in 326 IAC
6.5-7-13. Indiana submitted the SIP revision requests to EPA on
November 1, 2005 and March 20, 2007. The revisions would change the
source name from St.
[[Page 41451]]
Mary's to Holy Cross Services Corporation (Saint Mary's Campus), and
clarify and revise existing particulate matter (PM) emission limits for
the boilers at that source to reflect current operating conditions.
These revisions will not result in an increase in PM.
DATES: This direct final rule will be effective September 28, 2007,
unless EPA receives adverse comments by August 29, 2007. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final rule in the Federal Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2007-0292, by one of the following methods:
1. https://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: mooney.john@epa.gov.
3. Fax: (312) 886-5824.
4. Mail: John M. Mooney, Chief, Criteria Pollutant Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: John M. Mooney, Chief, Criteria Pollutant
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such
deliveries are only accepted during the Regional Office normal hours of
operation, and special arrangements should be made for deliveries of
boxed information. The Regional Office official hours of business are
Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding Federal
holidays.
Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2007-0292. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://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 https://
www.regulations.gov or e-mail. The https://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 https://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.
Docket: All documents in the docket are listed in the https://
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 https://www.regulations.gov or in hard copy at the Environmental
Protection Agency, Region 5, Air and Radiation Division, 77 West
Jackson Boulevard, Chicago, Illinois 60604. This Facility is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. We recommend that you telephone Charles Hatten, Environmental
Engineer, at (312) 886-6031 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Charles Hatten, Environmental
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886-6031, Hatten.Charles@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. To Whom Does This Action Apply?
II. What Is EPA Approving?
III. What Are the Changes from the Current Rule?
IV. What Action Is EPA Taking?
V. Statutory and Executive Order Reviews.
I. To Whom Does This Action Apply?
This action applies to Holy Cross Services Corporation (Saint
Mary's Campus), Notre Dame, Indiana.
II. What Is EPA Approving?
EPA is approving revisions to Indiana's PM SIP for the three
boilers located in St. Joseph County, Notre Dame, Indiana. The
revisions address Title 326 of the Indiana Administrative Code (IAC),
Rule 6.5-7, Section 13, to clarify and amend existing PM emission
limits. They also change the source name from St. Mary's to Holy Cross
Services Corporation (Saint Mary's Campus).
Indiana held public hearings on these revisions February 2, and
June 1, 2005; June 7, and August 2, 2006.
III. What Are the Changes From the Current Rule?
On March 22, 2006 (71 FR 14383), EPA published a direct final rule
approving revisions to the Indiana SIP in 326 IAC 6.5-7 to relocate and
recodify PM emission limits for all sources in St. Joseph County,
Indiana. Today's action revises 326 IAC 6.5-7, Section 13, which
contains particulate emission limits for the boilers at St. Mary's
College in Notre Dame, Indiana, to reflect current operating conditions
and ownership by Holy Cross Services Corporation of those boilers.
Currently, SIP rule 326 IAC 6.5-7-13 identifies St. Mary's College
as the owner, operator and permittee of the subject boilers. It also
incorrectly lists boiler number 1 as 100% natural gas-fired, and
boilers number 2 and 3 as coal-fired. According to Indiana, however,
boilers numbers 1 and 2 are actually gas-fired, with the capability of
burning number 2 fuel oil as a back-up, while boiler number 3
exclusively burns natural gas. The revised rule corrects this error. It
also tightens the applicable PM limits for the two boilers that have
oil-burning capability (boilers number 1 and 2): from 0.110 lbs/MMBTU
(12.90 tons/year) to 0.014 lbs/MMBTU (3.9 tons/year).
Finally, the SIP revision amends 326 IAC 6.5-7-13 by correctly
identifying the owner, operator and permittee of the St. Mary's boilers
as Holy Cross Services.
IV. What Action is EPA Taking?
EPA is approving source-specific revisions to Indiana's PM SIP in
326 IAC 6.5-7 to change the name of the owner, operator and permittee
of the three boilers at St. Mary's College to Holy Cross Services
Corporation (Saint Mary's Campus), and to revise the PM limits to
reflect current operating conditions of the boilers at St. Mary's
College.
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
[[Page 41452]]
state plan if relevant adverse written comments are filed. This rule
will be effective September 28, 2007 without further notice unless we
receive relevant adverse written comments by August 29, 2007. 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 September 28, 2007.
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 (CAA).
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 approves a state rule implementing a
Federal Standard.
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 CAA. 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 CAA. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply.
Paperwork Reduction Act
This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
section 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 28, 2007. 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, Intergovernmental relations, PM, Reporting and recordkeeping
requirements.
Dated: July 11, 2007.
Bharat Mathur,
Acting Regional Administrator, Region 5.
0
For the reasons stated in the preamble, part 52, chapter I, of title 40
of the Code of Federal Regulations is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart P--Indiana
0
2. Sec. 52.770 is amended by adding paragraph (c)(180) to read as
follows:
Sec. 52.770 Identification of plan.
* * * * *
(c) * * *
(180) On November 1, 2005, and supplemented on March 20, 2007, the
[[Page 41453]]
State of Indiana submitted a source specific revision to its state
implementation plan for control of particulate matter in Title 326 of
the Indiana Administrative Code (IAC), Rule 6.5-7, Section 13, which
contains particulate matter emission limits for Holy Cross Services
Corporation, to reflect current operating conditions of the boilers at
St. Mary's College, located in Notre Dame, Indiana. The revision in 326
IAC 6.5-7-13 also changes the source name from St. Mary's to Holy Cross
Services Corporation (Saint Mary's Campus).
(i) Incorporation by reference. Indiana Administrative Code Title
326: Air Pollution Control Board, Article 6.5: PM Limitations Except
Lake County, Rule 7: St. Joseph County, Section 13: Holy Cross Services
Corporation (Saint Mary's Campus). Approved by the Attorney General
January 18, 2007. Approved by the Governor January 23, 2007. Filed with
the Publisher January 26, 2007. Published on the Indiana Register Web
site February 14, 2007, Document Identification Number (DIN):20070214-
IR-326060121FRA. Effective February 25, 2007.
* * * * *
[FR Doc. E7-14476 Filed 7-27-07; 8:45 am]
BILLING CODE 6560-50-P
