Approval and Promulgation of Air Quality Implementation Plans; Indiana; Indiana State Board Requirements, 77599-77601 [2013-30336]
Download as PDF
Federal Register / Vol. 78, No. 247 / Tuesday, December 24, 2013 / Rules and Regulations
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. 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 determined that 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 involves
establishment of a safety zone. This rule
is categorically excluded from further
review under paragraph 34(g) of Figure
2–1 of the Commandant Instruction. An
environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination are
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this rule.
List of Subjects in 33 CFR Part 165
40 CFR Part 52
[EPA–R05–OAR–2012–0988; FRL–9904–36Region-5]
1. The authority citation for part 165
continues to read as follows:
■
2. Add § 165.T11–612 to read as
follows:
■
sroberts on DSK5SPTVN1PROD with RULES
Approval and Promulgation of Air
Quality Implementation Plans; Indiana;
Indiana State Board Requirements
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Authority: 33 U.S.C. 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, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
§ 165.T11–612 Safety zone; Allied PRA–
Solid Works; San Diego, CA.
(a) Location. The limits of the safety
zone will include all the navigable
waters within 600 feet of the nearest
point of the fireworks barge in
Jkt 232001
[FR Doc. 2013–30657 Filed 12–23–13; 8:45 am]
ENVIRONMENTAL PROTECTION
AGENCY
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
17:02 Dec 23, 2013
Dated: December 9, 2013.
J.A. Janszen,
Commander, U.S. Coast Guard, Acting,
Captain of the Port San Diego.
BILLING CODE 9110–04–P
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
approximate position 32°42.13′N,
117°10.01′W.
(b) Enforcement Period. This section
will be enforced from 9 p.m. to 10 p.m.
on January 28, 2014. If the event
concludes prior to the scheduled
termination time, the Captain of the Port
will cease enforcement of this safety
zone and will announce that fact via
Broadcast Notice to Mariners.
(c) Definitions. The following
definition applies to this section:
designated representative means any
commissioned, warrant, or petty officer
of the Coast Guard on board Coast
Guard, Coast Guard Auxiliary, and
local, state, and federal law enforcement
vessels who have been authorized to act
on the behalf of the Captain of the Port.
(d) Regulations. (1) Entry into, transit
through or anchoring within this safety
zone is prohibited unless authorized by
the Captain of the Port of San Diego or
his designated representative.
(2) All persons and vessels shall
comply with the instructions of the
Coast Guard Captain of the Port or the
designated representative.
(3) Upon being hailed by U.S. Coast
Guard patrol personnel by siren, radio,
a flashing light, or other means, the
operator of a vessel shall proceed as
directed.
(4) The Coast Guard may be assisted
by other federal, state, or local agencies.
Pursuant to its authority
under the Clean Air Act (CAA), EPA is
taking final action to approve state
implementation plan (SIP) submissions
made by the Indiana Department of
Environmental Management (IDEM)
intended to meet the state board
requirements under section 128 of the
CAA. The proposed rule associated with
this final action was published on
August 19, 2013.
SUMMARY:
PO 00000
Frm 00043
Fmt 4700
Sfmt 4700
77599
This final rule is effective on
January 23, 2014.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2012–0988. 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., Confidential Business Information
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 U.S. 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 Andy Chang at (312)
886–0258 before visiting the Region 5
office.
DATES:
FOR FURTHER INFORMATION CONTACT:
Andy Chang, Environmental Engineer,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
U.S. Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–0258,
chang.andy@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?
II. What action is EPA taking?
III. Statutory and Executive Order Reviews
I. What is the background for this
action?
Under section 128 of the CAA, each
SIP must contain provisions that
address two requirements: (i) That any
board or body which approves permits
or enforcement orders under this
chapter shall have at least a majority of
members who represent the public
interest and do not derive any
significant portion of their income from
persons subject to permits and
enforcement orders under this chapter,
and (ii) that any potential conflicts of
interest by members of such board or
body or the head of an executive agency
with similar powers be adequately
disclosed. To comply with this statutory
provision, Indiana submitted the
following rules for incorporation into
the SIP: IC 13–13–8–1, IC 13–13–8–2(a),
IC 13–13–8–2(b), IC 13–13–8–3, IC 13–
13–8–4, and IC 13–13–8–11. EPA’s
August 19, 2013, proposed rulemaking
E:\FR\FM\24DER1.SGM
24DER1
77600
Federal Register / Vol. 78, No. 247 / Tuesday, December 24, 2013 / Rules and Regulations
(see 78 FR 50360 at 50366) details how
these rules satisfy the applicable
requirements of section 128. EPA did
not receive any comments regarding its
proposal to approve Indiana’s state
board provisions.
II. What action is EPA taking?
For the reasons discussed in our
August 19, 2013, proposed rulemaking,
EPA is taking final action to approve
IDEM’s submissions addressing the state
board requirements under section 128 of
the CAA. The specific rules that we are
approving as satisfying these
requirements are IC 13–13–8–1, IC 13–
13–8–2(a), IC 13–13–8–2(b),1 IC 13–13–
8–3, IC 13–13–8–4, and IC 13–13–8–11.
It should be noted that our August 19,
2013, rulemaking contained proposed
actions for various additional IDEM
submissions, including those addressing
the CAA section 110(a)(1) and (2)
‘‘infrastructure’’ SIP requirements for
the 2008 ozone and 2008 lead national
ambient air quality standards, as well as
the prevention of significant
deterioration of air quality provisions.
This final rulemaking, however, is
limited only to the state board
requirements under section 128 of the
CAA.
III. 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
sroberts on DSK5SPTVN1PROD with RULES
1 In EPA’s August 19, 2013, proposed approval of
Indiana’s state board provisions, we incorrectly
cited this rule as IC 13–18–8–2(b). We want to
clarify that this final approval is consistent with
Indiana’s submission, specifically with respect to IC
13–13–8–2(b).
VerDate Mar<15>2010
15:58 Dec 23, 2013
Jkt 232001
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
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
PO 00000
Frm 00044
Fmt 4700
Sfmt 4700
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 February 24, 2014. 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, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements.
Dated: December 6, 2013.
Susan Hedman,
Regional Administrator, Region 5.
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 heading
entitled ‘‘State Statutes’’ and entry IC
13–13–8 at the end of the table to read
as follows:
■
§ 52.770
*
Identification of plan.
*
*
(c) * * *
E:\FR\FM\24DER1.SGM
24DER1
*
*
77601
Federal Register / Vol. 78, No. 247 / Tuesday, December 24, 2013 / Rules and Regulations
EPA-APPROVED INDIANA REGULATIONS
Indiana citation
Indiana
effective
date
Subject
*
*
EPA approval date
*
*
Notes
*
*
*
State Statutes
IC 13–13–8 ....................
*
*
*
*
Environmental Rules
Board.
12/24/2013, [INSERT PAGE NUMBER WHERE
THE DOCUMENT BEGINS].
Jersey Ave. SE., Washington, DC 20590
(telephone 202–493–1381).
SUPPLEMENTARY INFORMATION:
*
[FR Doc. 2013–30336 Filed 12–23–13; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 225
[FRA–2008–0136, Notice No. 6]
RIN 2130–ZA12
Adjustment of Monetary Threshold for
Reporting Rail Equipment Accidents/
Incidents for Calendar Year 2014
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
This rule increases the rail
equipment accident/incident reporting
threshold from $9,900 to $10,500 for
certain railroad accidents/incidents
involving property damage that occur
during calendar year 2014. This action
is needed to ensure that FRA’s reporting
requirements reflect cost increases that
have occurred since the reporting
threshold was last published in
November of 2012.
DATES: This regulation is effective
January 1, 2014.
FOR FURTHER INFORMATION CONTACT:
Kebo Chen, Staff Director, U.S.
Department of Transportation, Federal
Railroad Administration, Office of
Safety Analysis, RRS–22, Mail Stop 25,
West Building 3rd Floor, Room W33–
314, 1200 New Jersey Ave. SE.,
Washington, DC 20590 (telephone 202–
493–6079); or Gahan Christenson, Trial
Attorney, U.S. Department of
Transportation, Federal Railroad
Administration, Office of Chief Counsel,
RCC–10, Mail Stop 10, West Building
3rd Floor, Room W31–204, 1200 New
SUMMARY:
sroberts on DSK5SPTVN1PROD with RULES
1/1/2013
Background
A ‘‘rail equipment accident/incident’’
is a collision, derailment, fire,
explosion, act of God, or other event
involving the operation of railroad ontrack equipment (standing or moving)
that results in damages to railroad ontrack equipment, signals, tracks, track
structures, or roadbed, including labor
costs and the costs for acquiring new
equipment and material, greater than
the reporting threshold for the year in
which the event occurs. 49 CFR
225.19(c). Each rail equipment accident/
incident must be reported to FRA using
the Rail Equipment Accident/Incident
Report (Form FRA F 6180.54). 49 CFR
225.19(b), (c) and 225.21(a). Paragraphs
(c) and (e) of 49 CFR 225.19 further
provide that the dollar figure that
constitutes the reporting threshold for
rail equipment accidents/incidents will
be adjusted, if necessary, every year in
accordance with the procedures
outlined in appendix B to part 225
(Appendix B) to reflect any cost
increases or decreases.
Aside from periodically reviewing
and adjusting the annual threshold in
accordance with Appendix B, FRA has
also periodically amended its method
for calculating the threshold. In 49
U.S.C. 20901(b) Congress required that
the threshold be based on publicly
available information obtained from the
Bureau of Labor Statistics (BLS), other
objective government source, or be
subject to notice and comment. In 1996
FRA adopted a new method for
calculating the monetary reporting
threshold for accidents/incidents. See
61 FR 60632 (Nov. 29, 1996). In 2005,
FRA again amended its method for
calculating the reporting threshold
because the BLS ceased collecting and
publishing the railroad wage data used
1, 2(a), 2(b), 3, 4, and
11 only.
by FRA in the threshold calculation.
Consequently, FRA had to substitute
railroad employee wage data collected
by the Surface Transportation Board for
the BLS data that was no longer
collected (70 FR 75414 (Dec. 20, 2005)).
In this rule, FRA is merely adjusting
the reporting threshold based on the
currently published formula in
Appendix B. Following the adoption of
this 2014 reporting threshold, FRA
intends to evaluate and amend, as
appropriate, its method for calculating
the monetary threshold for accident/
incident reporting and, as a result, the
formula utilized to calculate the
threshold may change. FRA intends to
reexamine and amend its method for
calculating its reporting threshold
because, since 2006, new data sources
and methodologies for calculating the
threshold have become available and
updating the formula to include these
advances will ensure it appropriately
reflects changes in costs, wages, and
inflation.
New Reporting Threshold
Approximately one year has passed
since the rail equipment accident/
incident reporting threshold was
revised. 77 FR 71354 (November 30,
2012). Consequently, FRA has
recalculated the threshold, as required
by 49 CFR 225.19(c), based on increased
costs for labor and increased costs for
equipment. FRA has determined that
the current reporting threshold of
$9,900, which applies to rail equipment
accidents/incidents that occur during
calendar year 2013, should increase by
$600 to $10,500 for equipment
accidents/incidents occurring during
calendar year 2014, effective January 1,
2014. The specific inputs to the
equation set forth in Appendix B (i.e.,
Tnew = Tprior * [1 + 0.4(Wnew—
Wprior)/Wprior + 0.6(Enew—Eprior)/
100]) are:
Tprior
Wnew
Wprior
Enew
Eprior
$9,900
$26.93344
$25.56943
197.23333
191.50000
VerDate Mar<15>2010
15:58 Dec 23, 2013
Jkt 232001
PO 00000
Frm 00045
Fmt 4700
Sfmt 4700
E:\FR\FM\24DER1.SGM
24DER1
Agencies
[Federal Register Volume 78, Number 247 (Tuesday, December 24, 2013)]
[Rules and Regulations]
[Pages 77599-77601]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-30336]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2012-0988; FRL-9904-36-Region-5]
Approval and Promulgation of Air Quality Implementation Plans;
Indiana; Indiana State Board Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to its authority under the Clean Air Act (CAA), EPA
is taking final action to approve state implementation plan (SIP)
submissions made by the Indiana Department of Environmental Management
(IDEM) intended to meet the state board requirements under section 128
of the CAA. The proposed rule associated with this final action was
published on August 19, 2013.
DATES: This final rule is effective on January 23, 2014.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2012-0988. 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., Confidential Business
Information 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 U.S. 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 Andy Chang at (312) 886-0258 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT: Andy Chang, Environmental Engineer,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-0258, chang.andy@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?
II. What action is EPA taking?
III. Statutory and Executive Order Reviews
I. What is the background for this action?
Under section 128 of the CAA, each SIP must contain provisions that
address two requirements: (i) That any board or body which approves
permits or enforcement orders under this chapter shall have at least a
majority of members who represent the public interest and do not derive
any significant portion of their income from persons subject to permits
and enforcement orders under this chapter, and (ii) that any potential
conflicts of interest by members of such board or body or the head of
an executive agency with similar powers be adequately disclosed. To
comply with this statutory provision, Indiana submitted the following
rules for incorporation into the SIP: IC 13-13-8-1, IC 13-13-8-2(a), IC
13-13-8-2(b), IC 13-13-8-3, IC 13-13-8-4, and IC 13-13-8-11. EPA's
August 19, 2013, proposed rulemaking
[[Page 77600]]
(see 78 FR 50360 at 50366) details how these rules satisfy the
applicable requirements of section 128. EPA did not receive any
comments regarding its proposal to approve Indiana's state board
provisions.
II. What action is EPA taking?
For the reasons discussed in our August 19, 2013, proposed
rulemaking, EPA is taking final action to approve IDEM's submissions
addressing the state board requirements under section 128 of the CAA.
The specific rules that we are approving as satisfying these
requirements are IC 13-13-8-1, IC 13-13-8-2(a), IC 13-13-8-2(b),\1\ IC
13-13-8-3, IC 13-13-8-4, and IC 13-13-8-11. It should be noted that our
August 19, 2013, rulemaking contained proposed actions for various
additional IDEM submissions, including those addressing the CAA section
110(a)(1) and (2) ``infrastructure'' SIP requirements for the 2008
ozone and 2008 lead national ambient air quality standards, as well as
the prevention of significant deterioration of air quality provisions.
This final rulemaking, however, is limited only to the state board
requirements under section 128 of the CAA.
---------------------------------------------------------------------------
\1\ In EPA's August 19, 2013, proposed approval of Indiana's
state board provisions, we incorrectly cited this rule as IC 13-18-
8-2(b). We want to clarify that this final approval is consistent
with Indiana's submission, specifically with respect to IC 13-13-8-
2(b).
---------------------------------------------------------------------------
III. 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 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 February 24, 2014. 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, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements.
Dated: December 6, 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 heading entitled ``State Statutes'' and entry IC 13-13-8 at the end
of the table to read as follows:
Sec. 52.770 Identification of plan.
* * * * *
(c) * * *
[[Page 77601]]
EPA-Approved Indiana Regulations
----------------------------------------------------------------------------------------------------------------
Indiana
Indiana citation Subject effective EPA approval date Notes
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
State Statutes
----------------------------------------------------------------------------------------------------------------
IC 13-13-8....................... Environmental Rules 1/1/2013 12/24/2013, [INSERT 1, 2(a), 2(b), 3, 4,
Board. PAGE NUMBER WHERE and 11 only.
THE DOCUMENT
BEGINS].
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2013-30336 Filed 12-23-13; 8:45 am]
BILLING CODE 6560-50-P