Approval and Promulgation of Air Quality Implementation Plans; Indiana, 27442-27444 [E9-13486]
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27442
Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Rules and Regulations
River, Boston Inner Harbor, for 100
yards upstream and downstream of the
center of the Chelsea Street Draw span
(in the approximate position of latitude
42°23′10.3″ N., longitude 71°01′21.2″
W.). [NAD83].
*
*
*
*
*
(b) * * *
(4) Restrictions when the Chelsea
River channel is obstructed by vessel(s)
moored at the Northeast Petroleum
Terminal located downstream of the
Chelsea Street Bridge on the Chelsea,
MA side of the Chelsea River—hereafter
referred to as the Jenny Dock
(approximate position latitude
42°23′05.2″ N., longitude 71°01′35.8″
W.)—or the Mobile Oil Terminal located
on the East Boston Side of the Chelsea
River downstream of the Chelsea Street
Bridge (approximate position latitude
42°23′04.9″ N., longitude 71°01′28.52″
W.): [NAD83].
*
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*
§ 165.1407
[Amended]
44. In § 165.1407(c)(2), following the
numbers ‘‘(808) 842–2600’’ add ‘‘and
(808) 842–2601, fax (808) 842–2624’’.
■
PART 169—SHIP REPORTING
SYSTEMS
45. The authority citation for part 169
continues to read as follows:
■
Authority: 33 U.S.C. 1230(d), Department
of Homeland Security Delegation No. 0170.1.
§ 169.1
[Amended]
46. In § 169.1, add a note at the end
of the current section to read as follows:
■
§ 169.1
*
*
What is the purpose of this part?
*
*
*
Note to § 169.1: For ship reporting system
requirements not established by the Coast
Guard, see 50 CFR Part 404.
Dated: June 3, 2009.
Stefan G. Venckus,
Chief, Office of Regulations and
Administrative Law, United States Coast
Guard.
[FR Doc. E9–13370 Filed 6–9–09; 8:45 am]
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BILLING CODE 4910–15–P
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2009–0415]
RIN 1625–AA09
Drawbridge Operation Regulation;
Atlantic Intracoastal Waterway, New
Smyrna Beach, FL
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
ACTION:
SUMMARY: The Commander, Seventh
Coast Guard District, has issued a
temporary deviation from the regulation
governing the operation of the Coronado
Beach Bridge (SR 44) across the Atlantic
Intracoastal Waterway, mile 854, at New
Smyrna Beach, FL. The deviation is
necessary to repair the bridge. This
deviation allows the bridge to remain
closed to navigation during the
deviation period.
DATES: This deviation is effective from
6 a.m. on June 30, 2009 through 6 a.m.
on July 3, 2009.
ADDRESSES: Documents mentioned in
this preamble as being available in the
docket are part of docket USCG–2009–
0415 and are available online by going
to https://www.regulations.gov, selecting
the Advanced Docket Search option on
the right side of the screen, inserting
USCG–2009–0415 in the Docket ID box,
pressing Enter, and then clicking on the
item in the Docket ID column. This
material is also available for inspection
or copying at the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
e-mail Mr. Michael Lieberum, Bridge
Branch, Seventh Coast Guard District,
telephone 305–415–6744, e-mail
Michael.b.lieberum@uscg.mil. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION: M&J
Construction Company of behalf of the
bridge owner, Florida Department of
Transportation (FDOT), has requested a
deviation to the regulation of the
Coronado Beach/George C. Musson (SR
44) Bridge across the Atlantic
Intracoastal Waterway, mile 854.0, New
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Smyrna, FL. The bridge provides a
vertical clearance of 24 feet in the
closed position. As required by 33 CFR
117.261(h), the bridge shall open on
signal, except that from 7 a.m. until 7
p.m., each day of the week, the draw
need only open on the hour, twenty
minutes past the hour and forty minutes
past the hour. The deviation is from 6
a.m. on June 30, 2009 through 6 a.m. on
July 3, 2009. During the deviation this
bridge will remain closed to navigation.
Vessels not requiring an opening may
pass at any time. This action is
necessary because the bridge will be
inoperable in a jacked-up state to
perform repairs. The action will affect
all vessels requiring an opening during
this time period. Vessels unable to
transit through this area may transit via
an ocean route or schedule their transit
prior to or after the repair work is
completed.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: May 26, 2009.
R.S. Branham,
Rear Admiral, U.S. Coast Guard, Commander,
Coast Guard Seventh District.
[FR Doc. E9–13640 Filed 6–9–09; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2006–0004; FRL–8900–5]
Approval and Promulgation of Air
Quality Implementation Plans; Indiana
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY: Pursuant to provisions in the
Clean Air Act (Act) which allow EPA to
correct State Implementation Plan (SIP)
actions made in error, EPA is taking
final action to correct an error in part of
its June 12, 2006 approval of an
amendment to Indiana’s ozone SIP. In
today’s action, EPA is rescinding its
approval of the inclusion of the state’s
codified definition of hazardous air
pollutant (HAP) in Indiana’s ozone SIP.
DATES: This final rule is effective on July
10, 2009.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2006–0004. All
documents in the docket are listed on
the https://www.regulations.gov Web
E:\FR\FM\10JNR1.SGM
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Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Rules and Regulations
site. Although listed in the index, some
information is not publicly available,
i.e., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials
are available either electronically
through 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
Federal holidays. We recommend that
you telephone Steven Rosenthal,
Environmental Engineer, at (312) 886–
6052 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Steven Rosenthal, Environmental
Engineer, Criteria Pollutant Section, Air
Programs Branch (AR–18J), U.S.
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6052,
rosenthal.steven@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 public comments were received on
the proposed correction notice and what
is EPA’s response?
II. What action is EPA taking and what is the
reason for this action?
III. Statutory and Executive Order Reviews
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I. What public comments were received
on the proposed correction notice and
what is EPA’s response?
EPA did not receive any public
comments on the August 4, 2008,
proposed correction notice.
II. What action is EPA taking and what
is the reason for this action?
Section 110 of the Act is the authority
under which Congress has directed EPA
to act on SIPs and SIP revisions. Section
110(a) establishes the applicable
procedures for SIP development and
submission. The trigger for these
activities is the promulgation of national
ambient air quality standards (NAAQS);
and the focus of the State’s efforts is to
develop ‘‘a plan which provides for
implementation, maintenance, and
enforcement’’ of the NAAQS. Section
110(a)(1). EPA must then determine
whether the submission contains the air
quality-related components prescribed
in Section 110(a)(2).
Other than for lead, which is both a
HAP and criteria pollutant, Section 110
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does not provide parameters to
determine the approvability of a HAP
provision. Instead, in the 1990
Amendments to the Act, Congress
envisioned that HAPs (including the
then-listed ethylene glycol monobutyl
ether (EGBE)) would be regulated under
Section 112. State programs for
hazardous pollutants, including
delegations, are governed by Section
112(l) of the Act. They should not be
included in the SIP under Section 110.
Section 110(k)(6) of the Act provides
that ‘‘whenever EPA determines that its
action approving, disapproving, or
promulgating any plan or plan revision
(or part thereof), * * * was in error,
EPA may revise such action as
appropriate without requiring any
further submission from the State.’’
Therefore, under section 110(k)(6), EPA
is rescinding its exclusion of EGBE from
Indiana’s definition of HAP, and is also
rescinding Indiana’s definition of HAP
in 326 IAC 1–2–33.5, from Indiana’s
ozone SIP.
On June 12, 2006, as requested by the
State, EPA took action under section
110(a) of the Act and deleted EGBE from
the SIP’s definition for HAP in 326 IAC
1–2–33.5. For the reasons discussed
above, EPA should not have taken this
action under section 110(a) of the Act.
On January 10, 2008, the Indiana
Department of Environmental
Management requested that EPA correct
that earlier action.
III. Statutory and Executive Order
Reviews
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. For
this reason, 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). This action merely corrects an
error and approves State law as meeting
Federal requirements and imposes no
additional requirements beyond those
imposed by State law. Accordingly, the
Administrator certifies that this final
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.). Because this rule corrects an
error and 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
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27443
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4).
This final 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). This
final 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
corrects an error and approves a State
rule implementing a Federal standard,
and does not alter the relationship or
the distribution of power and
responsibilities established in the Act.
This rule also is not subject to Executive
Order 13045 ‘‘Protection of Children
from Environmental Health Risks and
Safety Risks’’ (62 FR 19885, April 23,
1997), because it is not economically
significant.
In reviewing SIP submissions, EPA’s
role is to approve State choices,
provided that they meet the criteria of
the Act. In this context, in the absence
of a prior existing requirement for the
State to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a SIP submission,
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
the Act. Thus, the requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not
apply. 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.).
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
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Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Rules and Regulations
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This correction to 40 CFR 52 for Indiana
is not a ‘‘major rule’’ as defined by 5
U.S.C. 804(2).
Under section 307(b)(1) of the Act,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by August 10, 2009. 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,
Ozone, Hazardous air pollutants,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: April 22, 2009.
Walter W. Kovalick, Jr.,
Acting Regional Administrator, Region 5.
■
rules for these compounds. The
requirements in 326 IAC 1–2–48 and 1–
2–90 were also modified for the
compound t-butyl acetate. It is not
considered a VOC for emission limits
and content requirements. T-butyl
acetate will still be considered a VOC
for the recordkeeping, emissions
reporting, and inventory requirements.
(i) Incorporation by reference.
(A) Indiana Administrative Code Title
326: Air Pollution Control Board,
Article 1: General Provisions, Rule 2:
Definitions, Section 48:
‘‘‘Nonphotochemically reactive
hydrocarbon’ or ‘negligibly
photochemically reactive compounds’
defined’’, and Section 90: ‘‘ ‘Volatile
organic compound’ or ‘VOC’ defined’’.
Filed with the Secretary of State on
October 20, 2005 and effective
November 19, 2005. Published in 29
Indiana Register 795–797 on December
1, 2005.
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[FR Doc. E9–13486 Filed 6–9–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
40 CFR Part 52 is amended as follows:
PART 52—[AMENDED]
[EPA–RO4–OAR–2008–0159(b); FRL–8912–
9]
Subpart P—Indiana
Approval and Promulgation of State
Plans for Designated Facilities and
Pollutants; City of Memphis, TN;
Control of Emissions From Existing
Hospital/Medical/Infectious Waste
Incinerators
2. Section 52.770 is amended by
revising paragraph (c)(176) to read as
follows:
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
■
§ 52.770
Identification of plan.
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(c) * * *
(176) On December 21, 2005, Indiana
submitted revised regulations to the
EPA. As a result, the compounds,
1,1,1,2,2,3,3-heptafluoro-3-methoxypropane, 3-ethoxy1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2(trifluoromethyl)hexane, 1,1,1,2,3,3,3heptafluoropropane, and methyl
formate, are added to the list of
‘‘nonphotochemically reactive
hydrocarbons’’ or ‘‘negligibly
photochemically reactive compounds’’
in 326 IAC 1–2–48 and these
compounds are deleted from the list of
VOCs in 326 IAC 1–2–90. Companies
producing or using the four compounds
will no longer need to follow the VOC
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14:06 Jun 09, 2009
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SUMMARY: EPA is approving the Clean
Air Act (CAA) section 111(d)/129 State
Plan submitted by the Memphis-Shelby
County Health Department (MSCHD) for
the City of Memphis, Tennessee on
February 16, 2006 (State Plan). The
State Plan is for implementing and
enforcing the Emissions Guidelines (EG)
applicable to existing Hospital/Medical/
Infectious Waste Incinerator (HMIWI)
units that commenced construction on
or before June 20, 1996.
DATES: This direct final rule will be
effective August 10, 2009, unless EPA
receives adverse comments by July 10,
2009. If adverse comments are received,
EPA will publish a timely withdrawal of
the direct final rule in the Federal
Register and inform the public that the
rule will not take effect.
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ADDRESSES: Submit your comments,
identified by Regional Material in
EDocket (RME) by Docket ID No. EPA–
R04–OAR–2008–0159 by one of the
following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
2. Agency Web site: https://
docket.epa.gov/rmepub/RME, EPA’s
electronic public docket and comment
system, is EPA’s preferred method for
receiving comments. Once in the
system, select ‘‘quick search,’’ then key
in the appropriate RME Docket
identification number. Follow the
online instructions for submitting
comments.
3. E-mail: louis.egide@epa.gov.
4. Fax: (404) 562–9095.
5. Mail: ‘‘EPA–R04–OAR–2008–
0159,’’ Air Toxics Assessment and
Implementation Section, Air Toxics and
Monitoring Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960.
6. Hand Delivery or Courier: Deliver
your comments to: Dr. Egide N. Louis,
Air Toxics and Monitoring Branch, U.S.
Environmental Protection Agency,
Region 4, 12th Floor, 61 Forsyth Street,
SW., Atlanta, Georgia 30303–8960. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 to 4:30, excluding Federal
holidays.
Instructions: Direct your comments to
RME ID No. EPA–R04–OAR–2008–0159.
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://
docket.epa.gov/rmepub/, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through RME, regulations.gov
or e-mail. The EPA RME Web site and
the Federal regulations.gov Web site are
‘‘anonymous access’’ systems, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through RME or
regulations.gov, your e-mail address
will be automatically captured and
included as part of the comment that is
placed in the public docket and made
available on the Internet. If you submit
E:\FR\FM\10JNR1.SGM
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Agencies
[Federal Register Volume 74, Number 110 (Wednesday, June 10, 2009)]
[Rules and Regulations]
[Pages 27442-27444]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-13486]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2006-0004; FRL-8900-5]
Approval and Promulgation of Air Quality Implementation Plans;
Indiana
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to provisions in the Clean Air Act (Act) which allow
EPA to correct State Implementation Plan (SIP) actions made in error,
EPA is taking final action to correct an error in part of its June 12,
2006 approval of an amendment to Indiana's ozone SIP. In today's
action, EPA is rescinding its approval of the inclusion of the state's
codified definition of hazardous air pollutant (HAP) in Indiana's ozone
SIP.
DATES: This final rule is effective on July 10, 2009.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2006-0004. All documents in the docket are listed on
the https://www.regulations.gov Web
[[Page 27443]]
site. Although listed in the index, some information is not publicly
available, i.e., Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form.
Publicly available docket materials are available either
electronically through 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 Federal holidays. We recommend that you telephone Steven
Rosenthal, Environmental Engineer, at (312) 886-6052 before visiting
the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Steven Rosenthal, Environmental
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J),
U.S. Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-6052,
rosenthal.steven@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 public comments were received on the proposed correction
notice and what is EPA's response?
II. What action is EPA taking and what is the reason for this
action?
III. Statutory and Executive Order Reviews
I. What public comments were received on the proposed correction notice
and what is EPA's response?
EPA did not receive any public comments on the August 4, 2008,
proposed correction notice.
II. What action is EPA taking and what is the reason for this action?
Section 110 of the Act is the authority under which Congress has
directed EPA to act on SIPs and SIP revisions. Section 110(a)
establishes the applicable procedures for SIP development and
submission. The trigger for these activities is the promulgation of
national ambient air quality standards (NAAQS); and the focus of the
State's efforts is to develop ``a plan which provides for
implementation, maintenance, and enforcement'' of the NAAQS. Section
110(a)(1). EPA must then determine whether the submission contains the
air quality-related components prescribed in Section 110(a)(2).
Other than for lead, which is both a HAP and criteria pollutant,
Section 110 does not provide parameters to determine the approvability
of a HAP provision. Instead, in the 1990 Amendments to the Act,
Congress envisioned that HAPs (including the then-listed ethylene
glycol monobutyl ether (EGBE)) would be regulated under Section 112.
State programs for hazardous pollutants, including delegations, are
governed by Section 112(l) of the Act. They should not be included in
the SIP under Section 110.
Section 110(k)(6) of the Act provides that ``whenever EPA
determines that its action approving, disapproving, or promulgating any
plan or plan revision (or part thereof), * * * was in error, EPA may
revise such action as appropriate without requiring any further
submission from the State.'' Therefore, under section 110(k)(6), EPA is
rescinding its exclusion of EGBE from Indiana's definition of HAP, and
is also rescinding Indiana's definition of HAP in 326 IAC 1-2-33.5,
from Indiana's ozone SIP.
On June 12, 2006, as requested by the State, EPA took action under
section 110(a) of the Act and deleted EGBE from the SIP's definition
for HAP in 326 IAC 1-2-33.5. For the reasons discussed above, EPA
should not have taken this action under section 110(a) of the Act. On
January 10, 2008, the Indiana Department of Environmental Management
requested that EPA correct that earlier action.
III. Statutory and Executive Order Reviews
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. For this
reason, 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). This action
merely corrects an error and approves State law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by State law. Accordingly, the Administrator certifies that
this final 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.). Because this rule corrects an error and
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).
This final 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). This final 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 corrects an error and approves a State rule implementing a
Federal standard, and does not alter the relationship or the
distribution of power and responsibilities established in the Act. This
rule also is not subject to Executive Order 13045 ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Act. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Act. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. 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.).
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
[[Page 27444]]
the Federal Register. A major rule cannot take effect until 60 days
after it is published in the Federal Register. This correction to 40
CFR 52 for Indiana is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 10, 2009. 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, Ozone, Hazardous air
pollutants, Reporting and recordkeeping requirements, Volatile organic
compounds.
Dated: April 22, 2009.
Walter W. Kovalick, Jr.,
Acting Regional Administrator, Region 5.
0
40 CFR Part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart P--Indiana
0
2. Section 52.770 is amended by revising paragraph (c)(176) to read as
follows:
Sec. 52.770 Identification of plan.
* * * * *
(c) * * *
(176) On December 21, 2005, Indiana submitted revised regulations
to the EPA. As a result, the compounds, 1,1,1,2,2,3,3-heptafluoro-3-
methoxy-propane, 3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-
(trifluoromethyl)hexane, 1,1,1,2,3,3,3-heptafluoropropane, and methyl
formate, are added to the list of ``nonphotochemically reactive
hydrocarbons'' or ``negligibly photochemically reactive compounds'' in
326 IAC 1-2-48 and these compounds are deleted from the list of VOCs in
326 IAC 1-2-90. Companies producing or using the four compounds will no
longer need to follow the VOC rules for these compounds. The
requirements in 326 IAC 1-2-48 and 1-2-90 were also modified for the
compound t-butyl acetate. It is not considered a VOC for emission
limits and content requirements. T-butyl acetate will still be
considered a VOC for the recordkeeping, emissions reporting, and
inventory requirements.
(i) Incorporation by reference.
(A) Indiana Administrative Code Title 326: Air Pollution Control
Board, Article 1: General Provisions, Rule 2: Definitions, Section 48:
```Nonphotochemically reactive hydrocarbon' or `negligibly
photochemically reactive compounds' defined'', and Section 90: ``
`Volatile organic compound' or `VOC' defined''. Filed with the
Secretary of State on October 20, 2005 and effective November 19, 2005.
Published in 29 Indiana Register 795-797 on December 1, 2005.
* * * * *
[FR Doc. E9-13486 Filed 6-9-09; 8:45 am]
BILLING CODE 6560-50-P