Approval and Promulgation of Air Quality Implementation Plans; Indiana; Consent Decree Requirements, 16412-16414 [2013-05955]
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16412
Federal Register / Vol. 78, No. 51 / Friday, March 15, 2013 / Rules and Regulations
The U.S.
Army Rock Island Arsenal requested a
temporary deviation for the Rock Island
Railroad and Highway Drawbridge,
across the Upper Mississippi River, mile
482.9, at Rock Island, Illinois to remain
in the closed-to-navigation position for
a two hour period from 9 a.m. until 11
a.m. on May 18, 2013, while a run/walk
is held between the cities of Davenport,
IA and Rock Island, IL. The Rock Island
Railroad and Highway Drawbridge
currently operates in accordance with
33 CFR 117.5, which states the general
requirement that drawbridges shall open
promptly and fully for the passage of
vessels when a request to open is given
in accordance with the subpart.
There are no alternate routes for
vessels transiting this section of the
Upper Mississippi River.
The Rock Island Railroad and
Highway Drawbridge, in the closed-tonavigation position, provides a vertical
clearance of 23.8 feet above normal
pool. Navigation on the waterway
consists primarily of commercial tows
and recreational watercraft. This
temporary deviation has been
coordinated with waterway users. No
objections were received.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
SUPPLEMENTARY INFORMATION:
Dated: March 1, 2013.
Eric A. Washburn,
Bridge Administrator, Western Rivers.
[FR Doc. 2013–06028 Filed 3–14–13; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2012–0650; FRL–9789–9]
Approval and Promulgation of Air
Quality Implementation Plans; Indiana;
Consent Decree Requirements
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
srobinson on DSK4SPTVN1PROD with RULES
AGENCY:
SUMMARY: EPA is approving a portion of
Indiana’s construction permit rule for
sources subject to the state operating
permit program regulations at 40 CFR
part 70. These provisions authorize the
state to incorporate terms from Federal
consent decrees or Federal district court
orders into these construction permits.
EPA is also approving public notice
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requirements for these permit actions.
These rules will help streamline the
process for making Federal consent
decree and Federal district court order
requirements permanent and Federally
enforceable.
This direct final rule will be
effective May 14, 2013, unless EPA
receives adverse comments by April 15,
2013. If adverse comments are received,
EPA will publish a timely withdrawal of
the direct final rule in the Federal
Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2012–0650, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: damico.genevieve@epa.gov.
3. Fax: (312) 385–5501.
4. Mail: Genevieve Damico, Chief, Air
Permits Section, Air Programs Branch
(AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Genevieve Damico,
Chief, Air Permits Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
Such deliveries are only accepted
during the Regional Office normal hours
of operation, and special arrangements
should be made for deliveries of boxed
information. The Regional Office official
hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R05–OAR–2012–
0650. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to EPA without going
through www.regulations.gov your email
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
DATES:
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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 www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We
recommend that you telephone Sam
Portanova, Environmental Engineer, at
(312) 886–3189 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT: Sam
Portanova, Environmental Engineer, Air
Permits Section, Air Programs Branch
(AR–18J), Environmental Protection
Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,
(312) 886–3189,
portanova.sam@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
I. What is being addressed in this document?
II. What are the changes that EPA is
approving?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews.
I. What is being addressed in this
document?
EPA is approving 326 IAC 2–7–10.5(b)
as a revision to Indiana’s State
Implementation Plan (SIP). This
provision authorizes Indiana to issue
construction permits to sources subject
to the state operating permit program
regulations at 40 CFR part 70 (part 70
sources) that include requirements from
Federal district court orders of
adjudication and Federal consent
decrees. Permits incorporating these
requirements are issued to sources that
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Federal Register / Vol. 78, No. 51 / Friday, March 15, 2013 / Rules and Regulations
srobinson on DSK4SPTVN1PROD with RULES
are subject to Title V of the Clean Air
Act (CAA). EPA is also approving 326
IAC 2–7–10.5(k), which requires public
notice procedures for these permit
revisions.
II. What are the changes that EPA is
approving?
On August 9, 2012, the Indiana
Department of Environmental
Management (IDEM) submitted a SIP
revision request to EPA for revisions to
the State’s part 70 source construction
permit rules. If approved, the first
revision would allow provisions from
Federal district court orders of
adjudication and Federal consent
decrees to be incorporated into
construction permits issued to sources
that are subject to title V of the CAA.
The SIP submittal also included a
second rule revision to include public
notice requirements for these permitting
actions. Indiana filed these rule
revisions on February 6, 2012, and they
became effective on March 8, 2012.
The rule revision in 326 IAC 2–7–
10.5(b) provides for the incorporation of
control requirements and emission
limits set forth in a Federal district court
order that adjudicates violations or a
Federal consent decree that is entered
into for the purpose of resolving alleged
violations of the following: (1)
Prevention of significant deterioration
provisions, (2) nonattainment new
source review requirements, (3) Section
112(g) and 112(j) of the CAA, or (4) 326
IAC 20 (state rules for National
Emission Standards for Hazardous Air
Pollutants).
The rule revision in 326 IAC 2–7–
10.5(k) requires that construction
modification approval proceedings
under 326 IAC 2–7–10.5 provide for
adequate opportunity for public notice
established in 326 IAC 2–1.1.6 and 326
IAC 2–7–17. 326 IAC 2–1.1–6 is a SIPapproved rule that contains public
notice requirements for sources subject
to 326 IAC Article 2. 326 IAC 2–7–17 is
the portion of Indiana’s Federally
approved title V program that contains
public notice requirements for title V
sources.
EPA has not previously undertaken
rulemaking on 326 IAC 2–7–10.5, but
has determined that the provisions of
326 IAC 2–7–10.5(b) and (k) are
severable from other sections of that
rule. Therefore, this approval does not
affect the SIP approval status of the
other portions of this rule.
The provision in 326 IAC 2–7–10.5(b)
allows IDEM to establish the provisions
of Federal consent decree and Federal
court orders as Federally enforceable
conditions in state-issued part 70 source
construction permits, which are permits
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issued pursuant to programs approved
under title I of the CAA. Upon their
inclusion in the construction permits,
the consent decree and consent order
provisions become ‘‘applicable
requirements’’ under 40 CFR 70.2, and
will become part of a source’s title V
permit through a title V permit
modification. Once incorporated into a
construction permit under 326 IAC 2–7–
10.5(b), the Federal consent decree and
consent order provisions will become
permanently enforceable by both IDEM
and EPA. It should be noted, however,
that this rule does not cause these
requirements to be incorporated directly
into the SIP.
III. What action is EPA taking?
EPA is approving Indiana’s part 70
source construction permit rule
provisions at 326 IAC 2–7–10.5(b) and
326 IAC 2–7–10.5(k). 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 May 14, 2013 without further
notice unless we receive relevant
adverse written comments by April 15,
2013. 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. EPA will
not institute a second comment period.
Any parties interested in commenting
on this action should do so at this time.
Please note that if EPA receives adverse
comment on an amendment, paragraph,
or section of this rule and if that
provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment. If we do not receive any
comments, this action will be effective
May 14, 2013.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA 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 CAA. Accordingly, this action
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16413
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 CAA; 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
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16414
Federal Register / Vol. 78, No. 51 / Friday, March 15, 2013 / Rules and Regulations
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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by May 14, 2013. 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. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
Dated: March 4, 2013.
Susan Hedman,
Regional Administrator, Region 5.
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.
■
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. In § 52.770 the table in paragraph
(c) is amended by adding a new entry
in ‘‘Article 2. Permit Review Rules’’ for
‘‘Rule 7. Part 70 Permit Program’’ in
numerical order to read as follows:
§ 52.770
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED INDIANA REGULATIONS
Indiana citation
*
Indiana
effective
date
Subject
*
*
EPA approval date
*
Notes
*
*
*
*
*
*
Article 2. Permit Review Rules
*
Rule 7. Part 70
Permit Program:
2–7–10.5 ..........
*
*
*
Part 70 permits; source modifications ......
*
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2009–0041, Notice No. 3]
*
*
establish and maintain systems that
allow members of the public to call the
railroads, using a toll-free telephone
number, and report an emergency or
other unsafe condition at highway-rail
and pathway grade crossings. This
document amends and clarifies the final
rule.
This final rule is effective May
14, 2013.
RIN 2130–AC38
Beth
Crawford, Transportation Specialist,
Grade Crossing Safety and Trespass
Prevention, Office of Safety Analysis,
FRA, 1200 New Jersey Avenue SE., Mail
Stop 25, Washington, DC 20590
(telephone: 202–493–6288),
beth.crawford@dot.gov; or Sara
Mahmoud-Davis, Trial Attorney, Office
of Chief Counsel, FRA, 1200 New Jersey
Avenue SE., Mail Stop 10, Washington,
DC 20590 (telephone: 202–366–1118),
sara.mahmoud-davis@dot.gov.
FOR FURTHER INFORMATION CONTACT:
Systems for Telephonic Notification of
Unsafe Conditions at Highway-Rail and
Pathway Grade Crossings
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Final rule; response to petition
for reconsideration.
AGENCY:
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3/15/2013, [INSERT PAGE
NUMBER WHERE THE
DOCUMENT BEGINS]
DATES:
49 CFR Part 234
SUMMARY: This document responds to a
petition for reconsideration of FRA’s
final rule published on June 12, 2012,
mandating that certain railroads
16:59 Mar 14, 2013
03/7/2012
*
[FR Doc. 2013–05955 Filed 3–14–13; 8:45 am]
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*
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SUPPLEMENTARY INFORMATION:
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*
(b) and (k) only.
*
I. Background
This rule implements Section 205
(Sec. 205) of the Rail Safety
Improvement Act of 2008 (RSIA), Public
Law 110–432, Division A, which was
signed into law on October 16, 2008.
Sec. 205 of the RSIA mandates that the
Secretary of Transportation require
certain railroad carriers (railroads) to
take a series of specified actions related
to setting up and using systems by
which the public is able to notify the
railroad by toll-free telephone number
of safety problems at its highway-rail
and pathway grade crossings. Such
systems are commonly known as
Emergency Notification Systems (ENS)
or ENS programs. On March 4, 2011,
FRA issued a notice of proposed
rulemaking (NPRM) (76 FR 11992) that
would require railroads to implement an
ENS, through which they receive reports
of unsafe conditions at crossings. See 76
FR 11992. A public hearing on the
proposal was held on September 29,
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]]>Agencies
[Federal Register Volume 78, Number 51 (Friday, March 15, 2013)]
[Rules and Regulations]
[Pages 16412-16414]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-05955]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2012-0650; FRL-9789-9]
Approval and Promulgation of Air Quality Implementation Plans;
Indiana; Consent Decree Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a portion of Indiana's construction permit
rule for sources subject to the state operating permit program
regulations at 40 CFR part 70. These provisions authorize the state to
incorporate terms from Federal consent decrees or Federal district
court orders into these construction permits. EPA is also approving
public notice requirements for these permit actions. These rules will
help streamline the process for making Federal consent decree and
Federal district court order requirements permanent and Federally
enforceable.
DATES: This direct final rule will be effective May 14, 2013, unless
EPA receives adverse comments by April 15, 2013. If adverse comments
are received, EPA will publish a timely withdrawal of the direct final
rule in the Federal Register informing the public that the rule will
not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2012-0650, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: damico.genevieve@epa.gov.
3. Fax: (312) 385-5501.
4. Mail: Genevieve Damico, Chief, Air Permits Section, Air Programs
Branch (AR-18J), U.S. Environmental Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Genevieve Damico, Chief, Air Permits Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are only
accepted during the Regional Office normal hours of operation, and
special arrangements should be made for deliveries of boxed
information. The Regional Office official hours of business are Monday
through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2012-0650. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov your email
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
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Environmental Protection
Agency, Region 5, Air and Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays.
We recommend that you telephone Sam Portanova, Environmental Engineer,
at (312) 886-3189 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Sam Portanova, Environmental Engineer,
Air Permits Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 886-3189, portanova.sam@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. What is being addressed in this document?
II. What are the changes that EPA is approving?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews.
I. What is being addressed in this document?
EPA is approving 326 IAC 2-7-10.5(b) as a revision to Indiana's
State Implementation Plan (SIP). This provision authorizes Indiana to
issue construction permits to sources subject to the state operating
permit program regulations at 40 CFR part 70 (part 70 sources) that
include requirements from Federal district court orders of adjudication
and Federal consent decrees. Permits incorporating these requirements
are issued to sources that
[[Page 16413]]
are subject to Title V of the Clean Air Act (CAA). EPA is also
approving 326 IAC 2-7-10.5(k), which requires public notice procedures
for these permit revisions.
II. What are the changes that EPA is approving?
On August 9, 2012, the Indiana Department of Environmental
Management (IDEM) submitted a SIP revision request to EPA for revisions
to the State's part 70 source construction permit rules. If approved,
the first revision would allow provisions from Federal district court
orders of adjudication and Federal consent decrees to be incorporated
into construction permits issued to sources that are subject to title V
of the CAA. The SIP submittal also included a second rule revision to
include public notice requirements for these permitting actions.
Indiana filed these rule revisions on February 6, 2012, and they became
effective on March 8, 2012.
The rule revision in 326 IAC 2-7-10.5(b) provides for the
incorporation of control requirements and emission limits set forth in
a Federal district court order that adjudicates violations or a Federal
consent decree that is entered into for the purpose of resolving
alleged violations of the following: (1) Prevention of significant
deterioration provisions, (2) nonattainment new source review
requirements, (3) Section 112(g) and 112(j) of the CAA, or (4) 326 IAC
20 (state rules for National Emission Standards for Hazardous Air
Pollutants).
The rule revision in 326 IAC 2-7-10.5(k) requires that construction
modification approval proceedings under 326 IAC 2-7-10.5 provide for
adequate opportunity for public notice established in 326 IAC 2-1.1.6
and 326 IAC 2-7-17. 326 IAC 2-1.1-6 is a SIP-approved rule that
contains public notice requirements for sources subject to 326 IAC
Article 2. 326 IAC 2-7-17 is the portion of Indiana's Federally
approved title V program that contains public notice requirements for
title V sources.
EPA has not previously undertaken rulemaking on 326 IAC 2-7-10.5,
but has determined that the provisions of 326 IAC 2-7-10.5(b) and (k)
are severable from other sections of that rule. Therefore, this
approval does not affect the SIP approval status of the other portions
of this rule.
The provision in 326 IAC 2-7-10.5(b) allows IDEM to establish the
provisions of Federal consent decree and Federal court orders as
Federally enforceable conditions in state-issued part 70 source
construction permits, which are permits issued pursuant to programs
approved under title I of the CAA. Upon their inclusion in the
construction permits, the consent decree and consent order provisions
become ``applicable requirements'' under 40 CFR 70.2, and will become
part of a source's title V permit through a title V permit
modification. Once incorporated into a construction permit under 326
IAC 2-7-10.5(b), the Federal consent decree and consent order
provisions will become permanently enforceable by both IDEM and EPA. It
should be noted, however, that this rule does not cause these
requirements to be incorporated directly into the SIP.
III. What action is EPA taking?
EPA is approving Indiana's part 70 source construction permit rule
provisions at 326 IAC 2-7-10.5(b) and 326 IAC 2-7-10.5(k). 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 May 14, 2013 without further notice unless
we receive relevant adverse written comments by April 15, 2013. 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. EPA will not
institute a second comment period. Any parties interested in commenting
on this action should do so at this time. Please note that if EPA
receives adverse comment on an amendment, paragraph, or section of this
rule and if that provision may be severed from the remainder of the
rule, EPA may adopt as final those provisions of the rule that are not
the subject of an adverse comment. If we do not receive any comments,
this action will be effective May 14, 2013.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA 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 CAA. 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 CAA; 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
[[Page 16414]]
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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by May 14, 2013. 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. 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: March 4, 2013.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. In Sec. 52.770 the table in paragraph (c) is amended by adding a
new entry in ``Article 2. Permit Review Rules'' for ``Rule 7. Part 70
Permit Program'' in numerical order to read as follows:
Sec. 52.770 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Indiana Regulations
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Indiana effective
Indiana citation Subject date EPA approval date Notes
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
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Article 2. Permit Review Rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Rule 7. Part 70 Permit Program:
2-7-10.5........................ Part 70 permits; source 03/7/2012 3/15/2013, [INSERT PAGE (b) and (k) only.
modifications. NUMBER WHERE THE...........
DOCUMENT BEGINS]...........
* * * * * * *
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[FR Doc. 2013-05955 Filed 3-14-13; 8:45 am]
BILLING CODE 6560-50-P
