Approval and Promulgation of Air Quality Implementation Plans; Indiana; Volatile Organic Compound Automobile Refinishing Rules for Indiana, 24404-24406 [2010-10405]
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24404
Federal Register / Vol. 75, No. 86 / Wednesday, May 5, 2010 / Rules and Regulations
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
involves the establishment of a safety
zone established to protect the public
from the dangers associated with
dredging operations and therefore, is
categorically excluded.
An environmental analysis checklist
and a categorical exclusion
determination will be available in the
docket where indicated under
ADDRESSES.
erowe on DSK5CLS3C1PROD with RULES
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
■ For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
VerDate Mar<15>2010
14:33 May 04, 2010
Jkt 220001
PART 165–REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1
2. Add § 165.T09–0124 to read as
follows:
■
§ 165.T09–0124 Safety Zone; St. Louis
River, Tallas Island, Duluth, MN
(a) Location. The following area is a
temporary safety zone: near Tallas
Island on the St. Louis River to include
all waters contained within the zone
located at 46°42.30 N 092°11.56 W and
then run northeast to position; 46°42.53
N 092°11.30 W and then run northwest
to position; 46°43.5 N 092°11.41 W and
then run southwest to position; 46°42.37
N 092°12.11 W and then running
southeast back to the starting point
(NAD 83). The safety zone’s boundary is
approximately 3500 ft. by 1500 ft. on the
long end, extending behind Tallas
Island, and 3000 ft by 1500 ft on the
short end, extending into open waters.
(b) Effective Dates. This rule is
effective from 12:01 a.m. May 1, 2010
until 11:59 p.m. November 30, 2010.
(c) Regulations. (1) In accordance with
the general regulations in section 165.23
of this part, entry into this zone is
prohibited unless authorized by the
Coast Guard Captain of the Port Duluth,
or his designated on-scene
representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port
Duluth or his designated on-scene
representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port is any Coast
Guard commissioned, warrant, or petty
officer who has been designated by the
Captain of the Port to act on his behalf.
The on-scene representative of the
Captain of the Port will be aboard either
a Coast Guard or Coast Guard Auxiliary
vessel. The Captain of the Port or his
designated on-scene representative may
be contacted via VHF Channel 16.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port Duluth
or his on-scene representative to obtain
permission to do so. Vessel operators
permitted to enter or operate in the
safety zone must comply with the
instructions given to them by the
Captain of the Port Duluth or his onscene representative.
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
Dated: April 5, 2010.
M.P. Lebsack,
Commander, U.S. Coast Guard, Captain of
the Port Duluth.
[FR Doc. 2010–10498 Filed 5–4–10; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2009–0513; FRL–9136–7]
Approval and Promulgation of Air
Quality Implementation Plans; Indiana;
Volatile Organic Compound
Automobile Refinishing Rules for
Indiana
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY: EPA is approving into the
Indiana State Implementation Plan (SIP)
amendments to Indiana’s automobile
refinishing rule. These rule revisions
extend the applicability of Indiana’s
approved volatile organic compound
(VOC) automobile refinishing rules to
all persons in Indiana who sell or
manufacture automobile refinishing
coatings or who refinish motor vehicles.
The rules are approvable because they
are consistent with the Clean Air Act
(Act) and EPA regulations, and should
result in additional VOC emission
reductions throughout Indiana. EPA
proposed these rules for approval on
January 14, 2010, and received one
favorable comment.
DATES: This final rule is effective on
June 4, 2010.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Nos. EPA–R05–OAR–2009–0513. All
documents in the docket are listed on
the https://www.regulations.gov Web
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
E:\FR\FM\05MYR1.SGM
05MYR1
Federal Register / Vol. 75, No. 86 / Wednesday, May 5, 2010 / Rules and Regulations
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),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6052.
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 approval and what is EPA’s
response?
II. What action is EPA taking today and what
is the purpose of this action?
III. Statutory and Executive Order Reviews.
I. What public comments were received
on the proposed approval and what is
EPA’s response?
One comment in support of Indiana’s
rule revision was received.
erowe on DSK5CLS3C1PROD with RULES
II. What action is EPA taking today and
what is the purpose of this action?
EPA is approving rule revisions that
broaden the coverage of Indiana’s VOC
automobile refinishing SIP rules to
include all persons in Indiana who sell
or manufacture automobile refinishing
coatings or who refinish motor vehicles.
These rules had previously applied only
in Clark, Floyd, Lake, Porter, and
Vanderburgh Counties. Given the
revised rule’s focus on VOC coating
limitations and work practice standards,
Indiana has also deleted references to
control technology requirements.
In EPA’s January 14, 2010, proposal
(75 FR 2090), we present a detailed legal
and technical analysis of the State’s
submission. The reader is referred to
that notice for additional background on
the submission and the bases for EPA’s
approval.
III. Statutory and Executive Order
Reviews
Under the Act, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
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 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
VerDate Mar<15>2010
15:25 May 04, 2010
Jkt 220001
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
be inconsistent with the 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.
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
24405
This action 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 July 6, 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, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: March 31, 2010.
Walter W. Kovalick Jr.,
Acting Regional Administrator, Region 5.
■
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart P—Indiana
2. Section 52.770 is amended by
adding paragraph (c)(195) to read as
follows:
■
§ 52.770
Identification of plan.
*
*
*
*
*
(c) * * *
(195) On June 5, 2009, the Indiana
Department of Environmental
Management submitted amendments to
Indiana’s automobile refinishing rule for
approval into its state implementation
plan (SIP). These rule revisions extend
the applicability of Indiana’s approved
volatile organic compound (VOC)
automobile refinishing rules to all
persons in Indiana who sell or
manufacture automobile refinishing
coatings or who refinish motor vehicles.
(i) Incorporation by reference.
(A) Indiana Administrative Code Title
326: Air Pollution Control Board,
Article 8: Volatile Organic Compound
Rules, Rule 10: Automobile Refinishing,
filed with the Publisher of the Indiana
Register on March 27, 2009, and became
effective on April 26, 2009. Published in
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05MYR1
24406
Federal Register / Vol. 75, No. 86 / Wednesday, May 5, 2010 / Rules and Regulations
the Indiana Register on April 22, 2009
(DIN: 20090422–IR–326060603FRA).
[FR Doc. 2010–10405 Filed 5–4–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2010–0218; FRL–9135–3]
Revisions to the California State
Implementation Plan, Placer County
Air Pollution Control District,
Sacramento Metropolitan Air Quality
Management District, San Joaquin
Valley Unified Air Pollution Control
District, and South Coast Air Quality
Management District
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
EPA is taking direct final
action to approve revisions to the Placer
County Air Pollution Control District
(PCAPCD), Sacramento Metropolitan
Air Quality Management District
(SMAQMD), San Joaquin Valley Unified
Air Pollution Control District
(SJVUAPCD), and South Coast Air
Quality Management District
(SCAQMD) portions of the California
State Implementation Plan (SIP). These
revisions concern volatile organic
compound (VOC) emissions from
petroleum facilities, chemical plants,
and facilities which use organic
solvents. We are approving local rules
that regulate these emission sources
under the Clean Air Act as amended in
1990 (CAA or the Act).
DATES: This rule is effective on July 6,
2010 without further notice, unless EPA
SUMMARY:
receives adverse comments by June 4,
2010. If we receive such comments, we
will publish a timely withdrawal in the
Federal Register to notify the public
that this direct final rule will not take
effect.
ADDRESSES: Submit comments,
identified by docket number [EPA–R09–
OAR–2010–0218], by one of the
following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow
the on-line instructions.
2. E-mail: steckel.andrew@epa.gov.
3. Mail or deliver: Andrew Steckel
(Air-4), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105–3901.
Instructions: All comments 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
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through
https://www.regulations.gov or e-mail.
https://www.regulations.gov is an
‘‘anonymous access’’ system, and EPA
will not know your identity or contact
information unless you provide it in the
body of your comment. If you send email directly to EPA, your e-mail
address will be automatically captured
and included as part of the public
comment. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: The index to the docket for
this action 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
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:
Nicole Law, EPA Region IX, (415) 947–
4126, law.nicole@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to EPA.
Table of Contents
I. The State’s Submittal
A. What rules did the State submit?
B. Are there other versions of these rules?
C. What is the purpose of the submitted
rules or rule revisions?
II. EPA’s Evaluation and Action
A. How is EPA evaluating the rules?
B. Do the rules meet the evaluation
criteria?
C. EPA recommendations to further
improve the rules
D. Public comment and final action
III. Statutory and Executive Order Reviews
I. The State’s Submittal
A. What rules did the State submit?
Table 1 lists the rules we are
approving with the dates that they were
adopted by the local air agencies and
submitted by the California Air
Resources Board.
TABLE 1—SUBMITTED RULES
Local agency
erowe on DSK5CLS3C1PROD with RULES
PCAPCD ..................................
SMAQMD .................................
SJVUAPCD ..............................
SCAQMD .................................
Rule No.
216
466
4661
1173
On January 21, 2010, EPA determined
that the submittal for SMAQMD Rule
466 met the completeness criteria in 40
CFR Part 51 Appendix V, which must be
met before formal EPA review. On April
17, 2008, EPA determined that the
submittal for SJVUAPCD Rule 4661 met
the completeness criteria. On February
4, 2010, EPA determined that the
VerDate Mar<15>2010
14:33 May 04, 2010
Jkt 220001
Adopted/
amended
Rule title
Organic Solvent Cleaning and Degreasing Operations ............
Solvent Cleaning .......................................................................
Organic Solvents .......................................................................
Control of Volatile Organic Compound Leaks and Releases
from Components at Petroleum Facilities and Chemical
Plants.
submittal for SCAQMD Rule 1173 met
the completeness criteria. The July 18,
2008 submittal for PCAPCD Rule 216
became complete by operation of law on
January 18, 2009.
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
12/11/03
05/23/02
09/20/07
02/06/09
Submitted
07/18/08
09/15/09
03/07/08
01/10/10
B. Are there other versions of these
rules?
There are no previous versions of
SMAQMD Rule 466 in the SIP. We
approved earlier versions of PCAPCD
Rule 216, SJVUAPCD Rule 4661, and
SCAQMD Rule 1173 into the SIP on
April 30, 1996 (61 FR 18962), July 27,
2002 (67 FR 47701), and August 25,
E:\FR\FM\05MYR1.SGM
05MYR1
Agencies
[Federal Register Volume 75, Number 86 (Wednesday, May 5, 2010)]
[Rules and Regulations]
[Pages 24404-24406]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-10405]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2009-0513; FRL-9136-7]
Approval and Promulgation of Air Quality Implementation Plans;
Indiana; Volatile Organic Compound Automobile Refinishing Rules for
Indiana
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving into the Indiana State Implementation Plan
(SIP) amendments to Indiana's automobile refinishing rule. These rule
revisions extend the applicability of Indiana's approved volatile
organic compound (VOC) automobile refinishing rules to all persons in
Indiana who sell or manufacture automobile refinishing coatings or who
refinish motor vehicles. The rules are approvable because they are
consistent with the Clean Air Act (Act) and EPA regulations, and should
result in additional VOC emission reductions throughout Indiana. EPA
proposed these rules for approval on January 14, 2010, and received one
favorable comment.
DATES: This final rule is effective on June 4, 2010.
ADDRESSES: EPA has established a docket for this action under Docket ID
Nos. EPA-R05-OAR-2009-0513. All documents in the docket are listed on
the https://www.regulations.gov Web 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
[[Page 24405]]
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),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886-6052.
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 approval and
what is EPA's response?
II. What action is EPA taking today and what is the purpose of this
action?
III. Statutory and Executive Order Reviews.
I. What public comments were received on the proposed approval and what
is EPA's response?
One comment in support of Indiana's rule revision was received.
II. What action is EPA taking today and what is the purpose of this
action?
EPA is approving rule revisions that broaden the coverage of
Indiana's VOC automobile refinishing SIP rules to include all persons
in Indiana who sell or manufacture automobile refinishing coatings or
who refinish motor vehicles. These rules had previously applied only in
Clark, Floyd, Lake, Porter, and Vanderburgh Counties. Given the revised
rule's focus on VOC coating limitations and work practice standards,
Indiana has also deleted references to control technology requirements.
In EPA's January 14, 2010, proposal (75 FR 2090), we present a
detailed legal and technical analysis of the State's submission. The
reader is referred to that notice for additional background on the
submission and the bases for EPA's approval.
III. Statutory and Executive Order Reviews
Under the Act, the Administrator is required to approve a SIP
submission that complies with the provisions of the 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 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 be inconsistent
with the 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 Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by July 6, 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, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: March 31, 2010.
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 adding paragraph (c)(195) to read as
follows:
Sec. 52.770 Identification of plan.
* * * * *
(c) * * *
(195) On June 5, 2009, the Indiana Department of Environmental
Management submitted amendments to Indiana's automobile refinishing
rule for approval into its state implementation plan (SIP). These rule
revisions extend the applicability of Indiana's approved volatile
organic compound (VOC) automobile refinishing rules to all persons in
Indiana who sell or manufacture automobile refinishing coatings or who
refinish motor vehicles.
(i) Incorporation by reference.
(A) Indiana Administrative Code Title 326: Air Pollution Control
Board, Article 8: Volatile Organic Compound Rules, Rule 10: Automobile
Refinishing, filed with the Publisher of the Indiana Register on March
27, 2009, and became effective on April 26, 2009. Published in
[[Page 24406]]
the Indiana Register on April 22, 2009 (DIN: 20090422-IR-326060603FRA).
[FR Doc. 2010-10405 Filed 5-4-10; 8:45 am]
BILLING CODE 6560-50-P