Approval and Promulgation of Air Quality Implementation Plans; Indiana, 60197-60199 [E9-27817]
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60197
Federal Register / Vol. 74, No. 223 / Friday, November 20, 2009 / Rules and Regulations
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 to
approve the Virginia Transportation
Conformity Regulation may not be
challenged later in proceedings to
enforce its requirements. (See, section
307(b)(2)).
List of Subjects in 40 CFR Part 52
PART 52—[AMENDED]
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
■
1. The authority citation for 40 CFR
part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart VV—Virginia
2. In § 52.2420, the table in paragraph
(c) is amended by adding an entry for
Chapter 151 after the existing Chapter
140 to read as follows:
■
Dated: November 5, 2009.
William C. Early,
Acting Regional Administrator, Region III.
52.2420
*
■
40 CFR part 52 is amended as follows:
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES
State citation
(9 VAC 5)
State
effective
date
Title/subject
*
*
*
Chapter 151
Part I
5–151–10 ...........
Definitions ........................
12/31/08
Applicability ......................
12/31/08
5–151–30 ...........
Authority of Board and
DEQ.
12/31/08
Part III
General ............................
12/31/08
5–151–50 ...........
Designated provisions ......
12/31/08
5–151–60 ...........
Word or phrase substitutions.
Consultation .....................
12/31/08
*
*
*
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
dcolon on DSKHWCL6B1PROD with RULES
[EPA–R05–OAR–2009–0771; FRL–8980–4]
Approval and Promulgation of Air
Quality Implementation Plans; Indiana
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
SUMMARY: EPA is approving a request
submitted by the Indiana Department of
15:06 Nov 19, 2009
12/31/08
*
[FR Doc. E9–27814 Filed 11–19–09; 8:45 am]
VerDate Nov<24>2008
Jkt 220001
*
*
General Definitions
General Provisions
11/20/09 [Insert page number where the document
begins].
11/20/09 [Insert page number where the document
begins].
Criteria and Procedures for Making Conformity Determinations
5–151–40 ...........
5–151–70 ...........
*
*
Transportation Conformity
11/20/09 [Insert page number where the document
begins].
Part II
5–151–20 ...........
Explanation
[former SIP
citation]
EPA approval date
11/20/09 [Insert
begins].
11/20/09 [Insert
begins].
11/20/09 [Insert
begins].
11/20/09 [Insert
begins].
page number where the document
page number where the document
page number where the document
page number where the document
*
*
Environmental Management (IDEM) on
September 25, 2009, to revise the
Indiana State Implementation Plan
(SIP). The submission revises the
Indiana Administrative Code (IAC) by
amending and updating the definition of
‘‘References to the Code of Federal
Regulations,’’ to refer to the 2008
edition.
DATES: This rule is effective on January
19, 2010, unless EPA receives adverse
written comments by December 21,
2009. If EPA receives adverse
comments, EPA will publish a timely
withdrawal of the rule in the Federal
Register and inform the public that the
rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
PO 00000
Frm 00071
Fmt 4700
Sfmt 4700
*
*
OAR–2009–0771 by one of the following
methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• E-mail: mooney.john@epa.gov.
• Fax: (312) 692–2551.
• Mail: John Mooney, Chief, Criteria
Pollutant Section, Air Programs Branch
(AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
• Hand Delivery: John 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
E:\FR\FM\20NOR1.SGM
20NOR1
dcolon on DSKHWCL6B1PROD with RULES
60198
Federal Register / Vol. 74, No. 223 / Friday, November 20, 2009 / Rules and Regulations
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–2009–
0771. 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.
VerDate Nov<24>2008
15:06 Nov 19, 2009
Jkt 220001
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. What is the background for this action?
A. When did the State submit the
requested SIP revision to EPA?
B. Did Indiana hold public hearings on this
SIP revision?
II. What revision did the State request be
incorporated into the SIP?
III. What action is EPA taking today?
IV. Statutory and Executive Order Reviews
I. What is the background for this
action?
A. When did the State submit the
requested SIP revision to EPA?
IDEM submitted the requested SIP
revision on September 25, 2009.
B. Did Indiana hold public hearings on
this SIP revision?
IDEM held public hearings on March
4, 2009. IDEM did not receive any
public comments concerning the SIP
revision.
II. What revision did the State request
be incorporated into the SIP?
The State has requested that EPA
approve revisions to 326 IAC 1–1–3 to
update references to the Code of Federal
Regulations (CFR) at 326 IAC 1–1–3.
Rule 326 IAC 1–1–3, definition of
‘‘References to Code of Federal
Regulations.’’ IDEM updated the
reference to the CFR in 326 IAC 1–1–3
from the 2007 edition to the 2008
edition. This is solely an administrative
change that allows Indiana to reference
a more current version of the CFR.
III. What action is EPA taking today?
We are approving a revision to the
Indiana SIP to update the definition at
326 IAC 1–1–3, ‘‘References to the
CFR’’, to refer to the 2008 edition.
We are publishing this action without
prior proposal because we view this as
a noncontroversial amendment and
anticipate no adverse comments.
However, in the proposed rules section
of this Federal Register publication, we
are publishing a separate document that
will serve as the proposal to approve the
state plan if relevant adverse written
comments are filed. This rule will be
effective January 19, 2010 without
further notice unless we receive relevant
PO 00000
Frm 00072
Fmt 4700
Sfmt 4700
adverse written comments by December
21, 2009. 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
January 19, 2010.
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Clean Air Act and
applicable Federal regulations. 42
U.S.C. 7410(k); 40 CFR 52.02(a). Thus,
in reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. Accordingly, this
action merely approves state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• 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);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
E:\FR\FM\20NOR1.SGM
20NOR1
Federal Register / Vol. 74, No. 223 / Friday, November 20, 2009 / Rules and Regulations
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
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 action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by January 19, 2010.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action 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).)
dcolon on DSKHWCL6B1PROD with RULES
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
VerDate Nov<24>2008
15:06 Nov 19, 2009
Jkt 220001
Dated: November 3, 2009.
Bharat Mathur,
Acting Regional Administrator, Region 5.
60199
attained the 1997 PM2.5 NAAQS. These
are the Martinsburg-Hagerstown, WV–
MD nonattainment area; the
Parkersburg-Marietta, WV–OH
■ For the reasons stated in the preamble,
nonattainment area; and the Wheeling,
part 52, chapter I, of title 40 of the Code WV–OH nonattainment area. These
of Federal Regulations is amended as
determinations are based upon
follows:
complete, quality assured, quality
controlled, and certified ambient air
PART 52—[AMENDED]
monitoring data that show that these
areas have monitored attainment of the
■ 1. The authority citation for part 52
1997 PM2.5 NAAQS during the 2006–
continues to read as follows:
2008 monitoring period. Currently
Authority: 42 U.S.C. 7401 et seq.
available monitoring data for 2009 are
consistent with continued attainment of
Subpart P—Indiana
the standard. The intended effect of
■ 2. Section 52.770 is amended by
these actions is to finalize these
adding paragraph (c)(192) to read as
attainment determinations for these
follows:
areas. With these final determinations,
the requirements for States to submit for
§ 52.770 Identification of plan.
these areas an attainment
*
*
*
*
*
demonstration, associated reasonably
(c) * * *
available control measures, a reasonable
(192) The Indiana Department of
further progress plan, contingency
Environmental Management submitted a measures, and other planning State
revision to Indiana’s State
Implementation Plans (SIPs) related to
Implementation plan on September 25,
attainment of the standard are
2009, to amend 326 IAC 1–1–3,
suspended for so long as the areas
‘‘References to the Code of Federal
continue to meet the 1997 PM2.5
Regulations’’. The revision to 326 IAC
NAAQS. EPA’s determinations that
1–1–3 updates the references to CFR
these areas have attained the 1997 PM2.5
from the 2007 edition to the 2008
NAAQS are not equivalent to the
edition.
redesignation of the areas to attainment.
(i) Incorporation by reference. Title
These actions do not constitute
326 of the Indiana Administrative Code
redesignations to attainment under
(IAC), section 1–1–3, ‘‘References to the section 107(d)(3) of the Clean Air Act
Code of Federal Regulations’’ is
(CAA), because we do not yet have an
incorporated by reference. The rule was approved maintenance plan for these
filed with the Publisher of the Indiana
areas as required under that section and
Register on July 1, 2009, and became
section 175A of the CAA, nor a
effective on July 31, 2009. Published in
determination that these areas have met
the Indiana Register, on July 29, 2009
the other requirements for
(DIN: 20090729–IR–326080901FRA).
redesignation. The designation status of
[FR Doc. E9–27817 Filed 11–19–09; 8:45 am]
these areas remains nonattainment for
the 1997 PM2.5 NAAQS until such time
BILLING CODE 6560–50–P
as EPA determines that these areas meet
the CAA requirements for redesignation
ENVIRONMENTAL PROTECTION
to attainment.
AGENCY
DATES: Effective Date: These final rules
are effective on November 20, 2009.
40 CFR Part 52
ADDRESSES: EPA has established dockets
[EPA–R03–OAR–2009–0199; EPA–R03–
for this action under Docket ID Numbers
OAR–2009–0547; FRL–8982–6]
EPA–R03–OAR–2009–0199 and EPA–
R03–OAR–2009–0547. All documents in
Approval and Promulgation of Air
the dockets are listed in the https://
Quality Implementation Plans; West
www.regulations.gov Web site. Although
Virginia; Maryland; Ohio;
listed in the electronic docket, some
Determinations of Attainment for the
information is not publicly available,
1997 Fine Particulate Matter Standard
i.e., confidential business information
(CBI) or other information whose
AGENCY: Environmental Protection
disclosure is restricted by statute.
Agency (EPA).
Certain other material, such as
ACTION: Final rule.
copyrighted material, is not placed on
SUMMARY: EPA is making determinations the Internet and will be publicly
available only in hard copy form.
that three areas designated
Publicly available docket materials are
nonattainment for the 1997 fine
available either electronically through
particulate (PM2.5) National Ambient
https://www.regulations.gov or in hard
Air Quality Standard (NAAQS) have
PO 00000
Frm 00073
Fmt 4700
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E:\FR\FM\20NOR1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 223 (Friday, November 20, 2009)]
[Rules and Regulations]
[Pages 60197-60199]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-27817]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2009-0771; FRL-8980-4]
Approval and Promulgation of Air Quality Implementation Plans;
Indiana
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a request submitted by the Indiana Department
of Environmental Management (IDEM) on September 25, 2009, to revise the
Indiana State Implementation Plan (SIP). The submission revises the
Indiana Administrative Code (IAC) by amending and updating the
definition of ``References to the Code of Federal Regulations,'' to
refer to the 2008 edition.
DATES: This rule is effective on January 19, 2010, unless EPA receives
adverse written comments by December 21, 2009. If EPA receives adverse
comments, EPA will publish a timely withdrawal of the rule in the
Federal Register and inform the public that the rule will not take
effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2009-0771 by one of the following methods:
https://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: mooney.john@epa.gov.
Fax: (312) 692-2551.
Mail: John Mooney, Chief, Criteria Pollutant Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
Hand Delivery: John 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
[[Page 60198]]
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-
2009-0771. 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. What is the background for this action?
A. When did the State submit the requested SIP revision to EPA?
B. Did Indiana hold public hearings on this SIP revision?
II. What revision did the State request be incorporated into the
SIP?
III. What action is EPA taking today?
IV. Statutory and Executive Order Reviews
I. What is the background for this action?
A. When did the State submit the requested SIP revision to EPA?
IDEM submitted the requested SIP revision on September 25, 2009.
B. Did Indiana hold public hearings on this SIP revision?
IDEM held public hearings on March 4, 2009. IDEM did not receive
any public comments concerning the SIP revision.
II. What revision did the State request be incorporated into the SIP?
The State has requested that EPA approve revisions to 326 IAC 1-1-3
to update references to the Code of Federal Regulations (CFR) at 326
IAC 1-1-3.
Rule 326 IAC 1-1-3, definition of ``References to Code of Federal
Regulations.'' IDEM updated the reference to the CFR in 326 IAC 1-1-3
from the 2007 edition to the 2008 edition. This is solely an
administrative change that allows Indiana to reference a more current
version of the CFR.
III. What action is EPA taking today?
We are approving a revision to the Indiana SIP to update the
definition at 326 IAC 1-1-3, ``References to the CFR'', to refer to the
2008 edition.
We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the state plan if relevant adverse
written comments are filed. This rule will be effective January 19,
2010 without further notice unless we receive relevant adverse written
comments by December 21, 2009. 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 January 19, 2010.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
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);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would
[[Page 60199]]
be inconsistent with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
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 action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by January 19, 2010. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: November 3, 2009.
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. Section 52.770 is amended by adding paragraph (c)(192) to read as
follows:
Sec. 52.770 Identification of plan.
* * * * *
(c) * * *
(192) The Indiana Department of Environmental Management submitted
a revision to Indiana's State Implementation plan on September 25,
2009, to amend 326 IAC 1-1-3, ``References to the Code of Federal
Regulations''. The revision to 326 IAC 1-1-3 updates the references to
CFR from the 2007 edition to the 2008 edition.
(i) Incorporation by reference. Title 326 of the Indiana
Administrative Code (IAC), section 1-1-3, ``References to the Code of
Federal Regulations'' is incorporated by reference. The rule was filed
with the Publisher of the Indiana Register on July 1, 2009, and became
effective on July 31, 2009. Published in the Indiana Register, on July
29, 2009 (DIN: 20090729-IR-326080901FRA).
[FR Doc. E9-27817 Filed 11-19-09; 8:45 am]
BILLING CODE 6560-50-P
