Approval and Promulgation of Air Quality Implementation Plans; Indiana; CO Monitoring, 21174-21176 [2015-08885]
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<![CDATA[
21174
Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Rules and Regulations
Authority: 42 U.S.C. 7401 et seq.
interference Demonstration for Federal
Low-Reid Vapor Pressure Requirement
for the Birmingham Area’’ at the end of
the table to read as follows:
Subpart B—Alabama
2. Section 52.50(e) is amended by
adding a new entry for ‘‘Non-
■
§ 52.50
*
Identification of plan.
*
*
(e) * * *
*
*
EPA APPROVED ALABAMA NON-REGULATORY PROVISIONS
Name of nonregulatory SIP provision
*
*
Non-interference Demonstration for Federal Low-Reid Vapor Pressure Requirement for the Birmingham Area.
Applicable geographic or
nonattainment area
State submittal
date/effective
date
*
Jefferson and Shelby
Counties.
*
[FR Doc. 2015–08884 Filed 4–16–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2014–0294; FRL–9926–29–
Region–5]
Approval and Promulgation of Air
Quality Implementation Plans; Indiana;
CO Monitoring
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a revision to
Indiana’s monitoring requirements as a
revision to the State Implementation
Plan (SIP). The SIP revision was
submitted by Indiana to EPA on January
22, 2014. Once approved, the SIP would
authorize emission units that combust
sewage sludge to continuously monitor
carbon monoxide emissions, consistent
with Federal requirements.
DATES: This direct final rule will be
effective June 16, 2015, unless EPA
receives adverse comments by May 18,
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–2014–0294, 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) 692–2490.
4. Mail: Pamela Blakley, Chief,
Control Strategies Section, Air Programs
Branch (AR–18J), U.S. Environmental
asabaliauskas on DSK5VPTVN1PROD with RULES
SUMMARY:
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11/14/2014
EPA approval date
*
*
4/17/2015 [Insert citation
of publication].
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–
0294. 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
PO 00000
Frm 00022
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Explanation
*
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 Matt
Rau, Environmental Engineer, at (312)
886–6524 before visiting the Region 5
office.
Matt
Rau, Environmental Engineer, Control
Strategies Section, Air Programs Branch
(AR–18J), Environmental Protection
Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,
(312) 886–6524, rau.matthew@epa.gov.
FOR FURTHER INFORMATION CONTACT:
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 is EPA’s analysis?
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
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Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Rules and Regulations
I. What is the background for this
action?
On January 22, 2014, Indiana
submitted a request to EPA to revise
Title 326 of the Indiana Administration
Code (IAC) Article 3—Monitoring
Requirements, Rule 5—Continuous
Monitoring of Emissions, Section 1—
Applicability; Continuous Monitoring
Requirements for Applicable Pollutants.
In the current SIP, 326 IAC 3–5–
1(b)(6), requires sewage sludge
combustion units to continuously
monitor total hydrocarbons, oxygen,
moisture, and temperature. The SIP
revision provides the sewage sludge
combustion units the option to monitor
carbon monoxide emissions as an
alternate to monitoring total
hydrocarbons. In doing so, sources must
also comply with a 100 parts-permillion (ppm) total carbon monoxide
limit. The continuous carbon monoxide
monitoring requirements are specified at
326 IAC 3–5–1(b)(6)(A)(i) and (ii).
The SIP revision is consistent with 40
CFR 503.40, the Federal Standards for
the Incineration of Sewage Sludge. This
Federal regulation, promulgated
pursuant to the Clean Water Act,
authorizes sewage sludge combustion
sources to continuously monitor carbon
monoxide as an alternative to
continuously monitoring total
hydrocarbons emissions. The regulation
requires that the carbon monoxide
monitoring be corrected for zero percent
moisture and to seven percent oxygen.
II. What is EPA’s analysis?
In its approval of 40 CFR 503.40, EPA
determined that sewage sludge
incinerators are expected to meet the
100 ppm total hydrocarbon monthly
limit when the monthly average carbon
monoxide concentration does not
exceed 100 ppm. See 59 FR 9099
(February 25, 1994). The Federal rule
requires that the continuous carbon
monoxide monitor must be corrected for
zero percent moisture and to seven
percent oxygen. The revision to 326 IAC
3–5–1 is consistent with the monitoring
requirements in 40 CFR 503.40. EPA
finds the requested revision to be
approvable.
asabaliauskas on DSK5VPTVN1PROD with RULES
III. What action is EPA taking?
EPA is approving a revision to 326
IAC 3–5–1 into the Indiana SIP. The SIP
revision would authorize emission units
that combust sewage sludge to
continuously monitor carbon monoxide
emissions, consistent with Federal
requirements.
We are publishing this action without
prior proposal because we view this as
a noncontroversial amendment and
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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 June 16, 2015 without further
notice unless we receive relevant
adverse written comments by May 18,
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. 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
June 16, 2015.
IV. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of the Indiana Regulations
described in the amendments to 40 CFR
part 52 set forth below. EPA has made,
and will continue to make, these
documents generally available
electronically through
www.regulations.gov and/or in hard
copy at the appropriate EPA office (see
the ADDRESSES section of this preamble
for more information).
VI. Statutory and Executive Order
Reviews
Under the Clean Air Act (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 Orders 12866 (58 FR 51735,
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21175
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• 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, the SIP 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 and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
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.
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Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Rules and Regulations
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 June 16, 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 this 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, Reporting
and recordkeeping requirements.
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 revising the entry for
3–5–1 under ‘‘Article 3. Monitoring
Requirements’’, ‘‘Rule 5. Continuous
Monitoring of Emissions’’ to read as
follows:
■
§ 52.770
Dated: April 2, 2015.
Susan Hedman,
Regional Administrator, Region 5.
*
Identification of plan.
*
*
(c) * * *
*
*
40 CFR part 52 is amended as follows:
EPA-APPROVED INDIANA REGULATIONS
Indiana citation
Indiana effective date
Subject
*
*
*
*
EPA Approval date
Notes
*
*
*
*
*
*
Article 3. Monitoring Requirements
*
*
*
*
Rule 5. Continuous Monitoring of Emissions
3–5–1 ........................
Applicability; continuous monitoring requirements for applicable
pollutants.
*
*
*
*
*
*
*
*
[FR Doc. 2015–08885 Filed 4–16–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2014–0861; FRL–9925–81–
Region 9]
Approval and Promulgation of Air
Quality Implementation Plans; Arizona;
Regional Haze Federal Implementation
Plan; Reconsideration
Environmental Protection
Agency (EPA).
ACTION: Final rule.
asabaliauskas on DSK5VPTVN1PROD with RULES
AGENCY:
VerDate Sep<11>2014
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request for reconsideration from the
plant’s owner, Lhoist North America of
Arizona, Inc. (LNA), we are replacing
the control technology demonstration
requirements for emissions of nitrogen
oxides (NOX) applicable to Kilns 1 and
2 at the Nelson Lime Plant with revised
recordkeeping and reporting
requirements. We are not revising any of
the emission limits that apply to these
units, including the existing NOX
emission limits, which can be met with
selective non-catalytic reduction (SNCR)
control technology. We also are taking
final action to correct a misprint of the
regulatory requirements in a table in the
Arizona RH FIP that identifies the
emission limits for NOX and sulfur
dioxide (SO2) at each kiln.
Effective date: This rule is
effective May 18, 2015.
EPA has established docket
number EPA–R09–OAR–2014–0861 for
this action. Generally, documents in the
docket are available electronically at
https://www.regulations.gov or in hard
ADDRESSES:
PO 00000
Frm 00024
Fmt 4700
4/17/2015, [insert
Federal Register
citation].
*
DATES:
The Environmental Protection
Agency (EPA) is taking final action to
revise certain provisions in the Arizona
Regional Haze (RH) Federal
Implementation Plan (FIP) that apply to
the Nelson Lime Plant. In response to a
SUMMARY:
*
1/15/2014
Sfmt 4700
*
*
copy at EPA Region 9, 75 Hawthorne
Street, San Francisco, California. Please
note that while many of the documents
in the docket are listed at https://
www.regulations.gov, some information
may not be specifically listed in the
index to the docket and may be publicly
available only at the hard copy location
(e.g., copyrighted material, large maps,
multi-volume reports, or otherwise
voluminous materials), and some may
not be available at either locations (e.g.,
confidential business information). To
inspect the hard copy materials, please
schedule an appointment during normal
business hours with the contact listed
directly below.
FOR FURTHER INFORMATION CONTACT:
Thomas Webb, U.S. EPA, Region 9,
Planning Office, Air Division, Air–2, 75
Hawthorne Street, San Francisco, CA
94105. Thomas Webb can be reached at
telephone number (415) 947–4139 and
via electronic mail at webb.thomas@
epa.gov.
SUPPLEMENTARY INFORMATION:
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]]>Agencies
[Federal Register Volume 80, Number 74 (Friday, April 17, 2015)]
[Rules and Regulations]
[Pages 21174-21176]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-08885]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2014-0294; FRL-9926-29-Region-5]
Approval and Promulgation of Air Quality Implementation Plans;
Indiana; CO Monitoring
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to Indiana's monitoring requirements as a revision to the
State Implementation Plan (SIP). The SIP revision was submitted by
Indiana to EPA on January 22, 2014. Once approved, the SIP would
authorize emission units that combust sewage sludge to continuously
monitor carbon monoxide emissions, consistent with Federal
requirements.
DATES: This direct final rule will be effective June 16, 2015, unless
EPA receives adverse comments by May 18, 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-2014-0294, 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) 692-2490.
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-
2014-0294. 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 Matt Rau, Environmental Engineer, at
(312) 886-6524 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer,
Control Strategies Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 886-6524, rau.matthew@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 is EPA's analysis?
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
[[Page 21175]]
I. What is the background for this action?
On January 22, 2014, Indiana submitted a request to EPA to revise
Title 326 of the Indiana Administration Code (IAC) Article 3--
Monitoring Requirements, Rule 5--Continuous Monitoring of Emissions,
Section 1--Applicability; Continuous Monitoring Requirements for
Applicable Pollutants.
In the current SIP, 326 IAC 3-5-1(b)(6), requires sewage sludge
combustion units to continuously monitor total hydrocarbons, oxygen,
moisture, and temperature. The SIP revision provides the sewage sludge
combustion units the option to monitor carbon monoxide emissions as an
alternate to monitoring total hydrocarbons. In doing so, sources must
also comply with a 100 parts-per-million (ppm) total carbon monoxide
limit. The continuous carbon monoxide monitoring requirements are
specified at 326 IAC 3-5-1(b)(6)(A)(i) and (ii).
The SIP revision is consistent with 40 CFR 503.40, the Federal
Standards for the Incineration of Sewage Sludge. This Federal
regulation, promulgated pursuant to the Clean Water Act, authorizes
sewage sludge combustion sources to continuously monitor carbon
monoxide as an alternative to continuously monitoring total
hydrocarbons emissions. The regulation requires that the carbon
monoxide monitoring be corrected for zero percent moisture and to seven
percent oxygen.
II. What is EPA's analysis?
In its approval of 40 CFR 503.40, EPA determined that sewage sludge
incinerators are expected to meet the 100 ppm total hydrocarbon monthly
limit when the monthly average carbon monoxide concentration does not
exceed 100 ppm. See 59 FR 9099 (February 25, 1994). The Federal rule
requires that the continuous carbon monoxide monitor must be corrected
for zero percent moisture and to seven percent oxygen. The revision to
326 IAC 3-5-1 is consistent with the monitoring requirements in 40 CFR
503.40. EPA finds the requested revision to be approvable.
III. What action is EPA taking?
EPA is approving a revision to 326 IAC 3-5-1 into the Indiana SIP.
The SIP revision would authorize emission units that combust sewage
sludge to continuously monitor carbon monoxide emissions, consistent
with Federal requirements.
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 June 16, 2015
without further notice unless we receive relevant adverse written
comments by May 18, 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. 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 June 16, 2015.
IV. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Indiana
Regulations described in the amendments to 40 CFR part 52 set forth
below. EPA has made, and will continue to make, these documents
generally available electronically through www.regulations.gov and/or
in hard copy at the appropriate EPA office (see the ADDRESSES section
of this preamble for more information).
VI. Statutory and Executive Order Reviews
Under the Clean Air Act (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 Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
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, the SIP 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 and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
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.
[[Page 21176]]
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 June 16, 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 this 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, Reporting and
recordkeeping requirements.
Dated: April 2, 2015.
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 revising
the entry for 3-5-1 under ``Article 3. Monitoring Requirements'',
``Rule 5. Continuous Monitoring of Emissions'' to read as follows:
Sec. 52.770 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Indiana Regulations
----------------------------------------------------------------------------------------------------------------
Indiana EPA Approval
Indiana citation Subject effective date date Notes
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Article 3. Monitoring Requirements
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Rule 5. Continuous Monitoring of Emissions
----------------------------------------------------------------------------------------------------------------
3-5-1....................... Applicability; continuous 1/15/2014 4/17/2015, .................
monitoring requirements for [insert
applicable pollutants. Federal
Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2015-08885 Filed 4-16-15; 8:45 am]
BILLING CODE 6560-50-P
