Approval and Promulgation of Air Quality Implementation Plans; Indiana, 71672-71674 [2014-28291]
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71672
Federal Register / Vol. 79, No. 232 / Wednesday, December 3, 2014 / Rules and Regulations
§§ 97.406, 97.506, 97.606, and 97.706
[Amended]
§§ 97.430, 97.530, 97.630, and 97.730
[Amended]
11. Sections 97.406, 97.506, 97.606,
and 97.706 are amended as follows:
■ a. By removing ‘‘2014’’ wherever it
appears and adding in its place ‘‘2017’’;
and
■ b. By removing ‘‘2012’’ wherever it
appears and adding in its place ‘‘2015’’.
■
■
§§ 97.410, 97.510, 97.610, and 97.710
[Amended]
12. Sections 97.410, 97.510, 97.610,
and 97.710 are amended as follows:
■ a. By removing ‘‘2014’’ wherever it
appears and adding in its place ‘‘2017’’;
■ b. By removing ‘‘2013’’ wherever it
appears and adding in its place ‘‘2016’’;
and
■ c. By removing ‘‘2012’’ wherever it
appears and adding in its place ‘‘2015’’.
■
§§ 97.411, 97.511, 97.611, and 97.711
[Amended]
13. Sections 97.411, 97.511, 97.611,
and 97.711 are amended as follows:
■ a. By removing ‘‘2012’’ wherever it
appears and adding in its place ‘‘2015’’;
and
■ b. By removing ‘‘after 2011’’ wherever
it appears and adding in its place ‘‘after
2014’’.
■
14. Sections 97.412, 97.512, 97.612,
and 97.712 are amended by removing
‘‘2012’’ wherever it appears and adding
in its place ‘‘2015’’.
■
§§ 97.421, 97.521, 97.621, and 97.721
[Amended]
tkelley on DSK3SPTVN1PROD with RULES
§§ 97.425, 97.525, 97.625, and 97.725
[Amended]
16. Sections 97.425, 97.525, 97.625,
and 97.725 are amended by removing
‘‘2015’’ wherever it appears and adding
in its place ‘‘2018’’.
17:13 Dec 02, 2014
Jkt 235001
18. Sections 97.434, 97.534, 97.634,
and 97.734 are amended as follows:
■ a. By removing ‘‘2012’’ wherever it
appears and adding in its place ‘‘2015’’;
■ b. By removing ‘‘the third or fourth
quarter of 2011’’ wherever it appears
and adding in its place ‘‘the third or
fourth quarter of 2014’’; and
■ c. By removing ‘‘July 1, 2011’’
wherever it appears and adding in its
place ‘‘July 1, 2014’’.
■
[FR Doc. 2014–28286 Filed 12–2–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
Approval and Promulgation of Air
Quality Implementation Plans; Indiana
Environmental Protection
Agency.
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a request
submitted by the Indiana Department of
Environmental Management (IDEM) on
September 17, 2014, to revise the
Indiana state implementation plan (SIP).
The submission revises the Indiana
Administrative Code (IAC) definition of
‘‘References to the Code of Federal
Regulations,’’ from the 2011 edition to
the 2013 edition. There is also a revised
definition of ‘‘Board.’’
DATES: This rule is effective on February
2, 2015, unless EPA receives adverse
comments by January 2, 2015. 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–2014–0747 by one of the following
methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
SUMMARY:
15. Sections 97.421, 97.521, 97.621,
and 97.721 are amended as follows:
■ a. By removing ‘‘2019’’ wherever it
appears and adding in its place ‘‘2022’’;
■ b. By removing ‘‘2018’’ wherever it
appears and adding in its place ‘‘2021’’;
■ c. By removing ‘‘2017’’ wherever it
appears and adding in its place ‘‘2020’’;
■ d. By removing ‘‘2016’’ wherever it
appears and adding in its place ‘‘2019’’;
■ e. By removing ‘‘2015’’ wherever it
appears and adding in its place ‘‘2018’’;
■ f. By removing ‘‘2014’’ wherever it
appears and adding in its place ‘‘2017’’;
■ g. By removing ‘‘2013’’ wherever it
appears and adding in its place ‘‘2016’’;
and
■ h. By removing ‘‘2012’’ wherever it
appears and adding in its place ‘‘2015’’.
■
VerDate Sep<11>2014
§§ 97.434, 97.534, 97.634, and 97.734
[Amended]
[EPA–R05–OAR–2014–0747; FRL–9919–83–
Region 5]
§§ 97.412, 97.512, 97.612, and 97.712
[Amended]
■
17. Sections 97.430, 97.530, 97.630,
and 97.730 are amended as follows:
■ a. By removing ‘‘2012’’ wherever it
appears and adding in its place ‘‘2015’’;
and
■ b. By removing ‘‘July 1, 2011’’
wherever it appears and adding in its
place ‘‘July 1, 2014’’.
PO 00000
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2. Email: blakley.pamela@epa.gov.
3. Fax: (312) 692–2450.
4. Mail: Pamela Blakley, Chief,
Control Strategies Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Pamela Blakley,
Chief, Control Strategies 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–2014–
0747. 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
E:\FR\FM\03DER1.SGM
03DER1
Federal Register / Vol. 79, No. 232 / Wednesday, December 3, 2014 / Rules and Regulations
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 Charles
Hatten, Environmental Engineer, at
(312) 886–6031 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Charles Hatten, Environmental
Engineer, Control Strategies Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6031,
hatten.charles@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This SUPPLEMENTARY INFORMATION
section is arranged as follows:
I. What is the background for this action?
II. What revision did the State request be
incorporated into the SIP?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is the background for this
action?
On September 17, 2014, IDEM
submitted a request to revise the
definitions of ‘‘References to the Code of
Federal Regulations,’’ and ‘‘Board.’’
On March 19, 2014, IDEM published
a ‘‘Notice of Public Information’’ in
several newspapers, and on their Web
site at https://www.in.gov/idem/
6777.htm, providing a 30-day public
comment period on the proposed
revision to its SIP concerning updates to
definitions of ‘‘References to the Code of
Federal Regulations,’’ and ‘‘Board.’’ The
notice also informed the public that a
hearing was scheduled for April 9, 2014.
A public hearing was held on April 9,
2014. IDEM did not receive any
comments.
tkelley on DSK3SPTVN1PROD with RULES
II. What revision did the State request
be incorporated into the SIP?
IDEM has requested that revisions to
Indiana’s SIP include:
Rule 326 IAC 1–1–3, Definition of
‘‘References to Code of Federal
Regulations’’
IDEM updated the reference to the
Code of Federal Regulations (CFR) in
326 IAC 1–1–3 from the 2011 edition to
the 2013 edition. This is solely an
administrative change that allows
Indiana to reference a more current
version of the CFR. By amending 326
VerDate Sep<11>2014
16:13 Dec 02, 2014
Jkt 235001
IAC 1–1–3 to reference the most current
version of the CFR, the provision in
Title 326 of the IAC will be consistent
and current with Federal regulations.
Rule 326 IAC 1–2–6.5, Definition of
‘‘Board’’
IDEM made a minor revision to its
definition of ‘‘Board.’’ Currently, SIP
rule 326 IAC 1–2–6.5 defines ‘‘Board’’ as
the ‘‘air pollution control board,’’ i.e.,
the Indiana Air Pollution Control Board.
In 2013, the Air Pollution Control
Board, Water Pollution Control Board,
and the Solid Waste Management Board
were consolidated into the new
Environmental Rules Board. The rule
has been revised to reflect this
consolidation of boards in the state
rules.
III. What action is EPA taking?
EPA is approving revisions to the
Indiana SIP to update 326 IAC 1–1–3,
‘‘References to the Code of Federal
Register’’, and the definition of ‘‘Board,’’
at 326 IAC 1–2–6.5.
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 February 2, 2015 without
further notice unless we receive relevant
adverse written comments by January 2,
2015. If we receive such comments, we
will withdraw this action before the
effective date by publishing a
subsequent document that will
withdraw the final action. All public
comments received will then be
addressed in a subsequent final rule
based on the proposed action. The EPA
will not institute a second comment
period. Any parties interested in
commenting on this action should do so
at this time. If we do not receive any
comments, this action will be effective
February 2, 2015.
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Clean Air Act and
applicable Federal regulations. 42
U.S.C. 7410(k); 40 CFR 52.02(a). Thus,
in reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. Accordingly, this
action merely approves state law as
meeting Federal requirements and does
PO 00000
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Fmt 4700
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71673
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 Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
This rule is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications as specified by Executive
Order 13175, nor will it 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,
E:\FR\FM\03DER1.SGM
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71674
Federal Register / Vol. 79, No. 232 / Wednesday, December 3, 2014 / Rules and Regulations
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by February 2, 2015.
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 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: November 17, 2014.
Susan Hedman,
Regional Administrator, Region 5.
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:
■ a. Revising the entry in Article 1,
General Provisions for Rule 1,
‘‘Provisions Applicable Throughout
Title 326’’ in 1–1–3 ‘‘References to the
Code of Federal Regulations’’; and
■ b. Adding a new entry in numerical
order in Article 1, General Provisions
for Rule 2, ‘‘Definitions’’, ‘‘1–2–6.5’’
‘‘Board’’. The revised and added text
reads as follows:
■
§ 52.770
*
40 CFR part 52 is amended as follows:
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED INDIANA REGULATIONS
Indiana citation
Indiana
effective date
Subject
*
*
*
*
EPA approval date
*
Notes
*
*
*
12/03/2014, [insert Federal Register citation].
*
*
*
*
12/03/2014, [insert Federal Register citation].
*
*
*
Article 1. General Provisions
Rule 1. Provisions Applicable Throughout Title 326
*
1–1–3 ................................
*
*
*
*
References to the Code of Federal Regulations .......
*
*
*
8/31/2014
*
*
Rule 2. Definitions
*
1–2–6.5 .............................
*
*
*
*
*
*
Board ..........................................................................
*
*
*
*
*
[FR Doc. 2014–28291 Filed 12–2–14; 8:45 am]
*
8/31/2014
*
*
ENVIRONMENTAL PROTECTION
AGENCY
BILLING CODE 6560–50–P
40 CFR Part 97
tkelley on DSK3SPTVN1PROD with RULES
[EPA–HQ–OAR–2009–0491; FRL–9919–91–
OAR]
Availability of Data on Allocations of
Cross-State Air Pollution Rule
Allowances to Existing Electricity
Generating Units
Environmental Protection
Agency.
ACTION: Final rule; notice of data
availability (NODA).
AGENCY:
VerDate Sep<11>2014
16:13 Dec 02, 2014
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Through this notice of data
availability (NODA), the EPA is
providing notice of allocations of
emission allowances to certain units for
compliance with the Cross-State Air
Pollution Rule (CSAPR). Since its
original promulgation, CSAPR has been
amended in several subsequent
rulemakings and its compliance
deadlines have been tolled by three
years pursuant to an order of the United
States Court of Appeals for the District
of Columbia Circuit (D.C. Circuit or
Court). These allowance allocations,
which supersede the allocations
announced in a 2011 NODA, reflect the
SUMMARY:
E:\FR\FM\03DER1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 232 (Wednesday, December 3, 2014)]
[Rules and Regulations]
[Pages 71672-71674]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-28291]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2014-0747; FRL-9919-83-Region 5]
Approval and Promulgation of Air Quality Implementation Plans;
Indiana
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a
request submitted by the Indiana Department of Environmental Management
(IDEM) on September 17, 2014, to revise the Indiana state
implementation plan (SIP). The submission revises the Indiana
Administrative Code (IAC) definition of ``References to the Code of
Federal Regulations,'' from the 2011 edition to the 2013 edition. There
is also a revised definition of ``Board.''
DATES: This rule is effective on February 2, 2015, unless EPA receives
adverse comments by January 2, 2015. 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-2014-0747 by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: blakley.pamela@epa.gov.
3. Fax: (312) 692-2450.
4. Mail: Pamela Blakley, Chief, Control Strategies Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Pamela Blakley, Chief, Control Strategies
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-
2014-0747. 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
[[Page 71673]]
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 Charles
Hatten, Environmental Engineer, at (312) 886-6031 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT: Charles Hatten, Environmental
Engineer, Control Strategies Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886-6031, hatten.charles@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. What is the background for this action?
II. What revision did the State request be incorporated into the
SIP?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is the background for this action?
On September 17, 2014, IDEM submitted a request to revise the
definitions of ``References to the Code of Federal Regulations,'' and
``Board.''
On March 19, 2014, IDEM published a ``Notice of Public
Information'' in several newspapers, and on their Web site at https://www.in.gov/idem/6777.htm, providing a 30-day public comment period on
the proposed revision to its SIP concerning updates to definitions of
``References to the Code of Federal Regulations,'' and ``Board.'' The
notice also informed the public that a hearing was scheduled for April
9, 2014. A public hearing was held on April 9, 2014. IDEM did not
receive any comments.
II. What revision did the State request be incorporated into the SIP?
IDEM has requested that revisions to Indiana's SIP include:
Rule 326 IAC 1-1-3, Definition of ``References to Code of Federal
Regulations''
IDEM updated the reference to the Code of Federal Regulations (CFR)
in 326 IAC 1-1-3 from the 2011 edition to the 2013 edition. This is
solely an administrative change that allows Indiana to reference a more
current version of the CFR. By amending 326 IAC 1-1-3 to reference the
most current version of the CFR, the provision in Title 326 of the IAC
will be consistent and current with Federal regulations.
Rule 326 IAC 1-2-6.5, Definition of ``Board''
IDEM made a minor revision to its definition of ``Board.''
Currently, SIP rule 326 IAC 1-2-6.5 defines ``Board'' as the ``air
pollution control board,'' i.e., the Indiana Air Pollution Control
Board. In 2013, the Air Pollution Control Board, Water Pollution
Control Board, and the Solid Waste Management Board were consolidated
into the new Environmental Rules Board. The rule has been revised to
reflect this consolidation of boards in the state rules.
III. What action is EPA taking?
EPA is approving revisions to the Indiana SIP to update 326 IAC 1-
1-3, ``References to the Code of Federal Register'', and the definition
of ``Board,'' at 326 IAC 1-2-6.5.
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 February 2,
2015 without further notice unless we receive relevant adverse written
comments by January 2, 2015. If we receive such comments, we will
withdraw this action before the effective date by publishing a
subsequent document that will withdraw the final action. All public
comments received will then be addressed in a subsequent final rule
based on the proposed action. The EPA will not institute a second
comment period. Any parties interested in commenting on this action
should do so at this time. If we do not receive any comments, this
action will be effective February 2, 2015.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
This rule is not approved to apply on any Indian reservation land
or in any other area where EPA or an Indian tribe has demonstrated that
a tribe has jurisdiction. In those areas of Indian country, the rule
does not have tribal implications as specified by Executive Order
13175, nor will it 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,
[[Page 71674]]
the U.S. House of Representatives, and the Comptroller General of the
United States prior to publication of the rule in the Federal Register.
A major rule cannot take effect until 60 days after it is published in
the Federal Register. This action is not a ``major rule'' as defined by
5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by February 2, 2015. 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 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: November 17, 2014.
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:
0
a. Revising the entry in Article 1, General Provisions for Rule 1,
``Provisions Applicable Throughout Title 326'' in 1-1-3 ``References to
the Code of Federal Regulations''; and
0
b. Adding a new entry in numerical order in Article 1, General
Provisions for Rule 2, ``Definitions'', ``1-2-6.5'' ``Board''. The
revised and added text reads as follows:
Sec. 52.770 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Indiana Regulations
----------------------------------------------------------------------------------------------------------------
Indiana
Indiana citation Subject effective date EPA approval date Notes
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Article 1. General Provisions
----------------------------------------------------------------------------------------------------------------
Rule 1. Provisions Applicable Throughout Title 326
----------------------------------------------------------------------------------------------------------------
* * * * * * *
1-1-3.......................... References to the Code 8/31/2014 12/03/2014,
of Federal Regulations. [insert Federal
Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Rule 2. Definitions
----------------------------------------------------------------------------------------------------------------
* * * * * * *
1-2-6.5........................ Board.................. 8/31/2014 12/03/2014,
[insert Federal
Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2014-28291 Filed 12-2-14; 8:45 am]
BILLING CODE 6560-50-P
