Skip to Content

Rule

Approval and Promulgation of Air Quality Implementation Plans; Indiana

Document Details

Information about this document as published in the Federal Register.

Published Document

This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

Start Preamble

AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Direct final rule.

SUMMARY:

EPA is approving a request submitted by the Indiana Department of Environmental Management (IDEM) on November 24, 2010, to revise the Indiana State Implementation Plan (SIP). The submission revises the Indiana Administrative Code (IAC) by amending and updating the definition of “References to the Code of Federal Regulations,″ to refer to the 2009 edition. The submission also makes a minor revision to the definition of “Nonphotochemically reactive hydrocarbons″ or “negligibly photochemically reactive compounds″ by deleting an outdated Federal Register citation.

DATES:

This rule is effective on July 12, 2011, unless EPA receives adverse written comments by June 13, 2011. If EPA receives adverse comments, EPA will publish a timely withdrawal of the rule in the Federal Register and inform the public that the rule will not take effect.

ADDRESSES:

Submit your comments, identified by Docket ID No. EPA-R05-OAR-2010-0999 by one of the following methods:

1. http://www.regulations.gov: Follow the on-line instructions for submitting comments.

2. E-mail: aburano.douglas@epa.gov.

3. Fax: (312) 408-2279.

4. Mail: Douglas Aburano, Chief, Control Strategies Section, Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.

5. Hand Delivery: Douglas Aburano, 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-2010-0999. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at http://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 http://www.regulations.gov or e-mail. The http://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 e-mail comment directly to EPA without going through http://www.regulations.gov your e-mail 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 http://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 http://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 Charles Hatten, Environmental Engineer, at (312) 886-6031 before visiting the Region 5 office.

Start Further Info

FOR FURTHER INFORMATION CONTACT:

Charles Hatten, Environmental Engineer, Control Strategies Section, Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6031, hatten.charles@epa.gov.

End Further Info End Preamble Start Supplemental Information

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?

A. When did the State submit the requested SIP revision to EPA?

B. Did Indiana hold public hearings on this SIP revision?

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?

A. When did the State submit the requested SIP revision to EPA?

IDEM submitted the SIP revision on November 24, 2010.

B. Did Indiana hold public hearing on this SIP revision?

IDEM held a public hearing on June 2, 2010. IDEM did not receive any public comments concerning the SIP revision.

II. What revision did the State request be incorporated into the SIP?

The State has requested that SIP revision include: (1) updated references to the CFR at 326 IAC 1-1-3, and (2) the deletion of a reference to Federal Register citation at 326 IAC 1-2-48 to clarify that the compounds dimethyl carbonate and propylene carbonate are excluded from the definition of volatile organic compound (VOC).

Rule 326 IAC 1-1-3, definition of “References to the Code of Federal Regulations.″ IDEM updated the reference to the CFR in 326 IAC 1-1-3 from the 2008 edition to the 2009 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, Title 326 of the IAC will be consistent and current with Federal regulations.

Rule 326 IAC 1-2-48, definition of “Nonphotochemically reactive hydrocarbons″ or “negligibly photochemically reactive compounds.″ IDEM has amended 326 IAC 1-2-48 to clarify the inclusion of two additional compounds to the list of compounds that are excluded from the definition of VOC by deleting language in section Start Printed Page 27905(a)(1) that EPA had not previously approved and which unnecessarily cited a January 21, 2009 Federal Register notice (74 FR 3437). Rule 326 IAC 1-2-48 (a)(1) now clearly incorporates by reference the Federal regulation at 40 CFR 51.100(s)(1), which lists all the negligibly reactive compounds excluded from the definition of VOC, and does so without any additional qualifying citations.

III. What action is EPA taking today?

We are approving revisions to the Indiana SIP to: (1) Update the definition at 326 IAC 1-1-3, “References to the Code of Federal Regulations,″ to refer to the 2009 edition, and (2) delete language that references the Federal Register in 326 IAC 1-2-48(a)(1), that are redundant as a result of the update to the references to CFR.

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 July 12, 2011 without further notice unless we receive relevant adverse written comments by June 13, 2011. 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. If we do not receive any comments, this action will be effective July 12, 2011.

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).

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 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 July 12, 2011. 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).)

Start List of Subjects

List of Subjects in 40 CFR Part 52

End List of Subjects Start Signature

Dated: May 3, 2011.

Susan Hedman,

Regional Administrator, Region 5.

End Signature

40 CFR part 52, is amended as follows:

Start Part

PART 52—[AMENDED]

End Part Start Amendment Part

1. The authority citation for part 52 continues to read as follows:

End Amendment Part Start Authority

Authority: 42 U.S.C. 7401 et seq.

End Authority

Subpart P—Indiana

Start Amendment Part

2. In § 52.770 the table in paragraph (c) is amended by revising the entry for “Article 1. General Provisions″ to read as follows:

End Amendment Part
Identification of plan.
* * * * *

(c) * * *Start Printed Page 27906

EPA-Approved Indiana Regulations

Indiana citationSubjectIndiana effective dateEPA approval dateNotes
Article 1. General Provisions
Rule 1. Provisions Applicable Throughout Title 326
1-1-2References to federal Act6/24/19947/21/1997, 62 FR 38919.
1-1-3References to the Code of Federal Regulations10/31/20105/13/2011, [Insert page number where the document begins].
1-1-4Severability2/18/1982, 47 FR 6622.
1-1-5Savings clause2/18/1982, 47 FR 6622.
1-1-6Credible evidence3/16/200510/19/2005, 70 FR 60735.
Rule 2. Definitions
1-2-1Applicability of definitions9/26/198011/5/1981, 46 FR 54943.
1-2-2“Allowable emissions″ defined6/24/19947/21/1997, 62 FR 38919.
1-2-3Air pollution control equipment9/26/198011/5/1981, 46 FR 54943.
1-2-4“Applicable state and federal regulations″ defined6/24/19947/21/1997, 62 FR 38919.
1-2-5“Attainment area″ defined9/26/198011/5/1981, 46 FR 54943.
1-2-6“Best available control technology (BACT)″ defined9/26/198011/5/1981, 46 FR 54943.
1-2-7“Bulk gasoline plant″ defined9/26/198011/5/1981, 46 FR 54943.
1-2-8“Bulk gasoline terminal″ defined9/26/198011/5/1981, 46 FR 54943.
1-2-9“Catalytic cracking unit″ defined9/26/198011/5/1981, 46 FR 54943.
1-2-10“Charging″ defined9/26/198011/5/1981, 46 FR 54943.
1-2-11“Charge port″ defined9/26/198011/5/1981, 46 FR 54943.
1-2-12“Clean Air Act″ defined6/24/19947/21/1997, 62 FR 38919.
1-2-13“Coal processing″ defined9/26/198011/5/1981, 46 FR 54943.
1-2-14“Coating line″ defined6/5/19913/6/1992, 57 FR 8082.
1-2-16“Coke oven battery″ defined9/26/198011/5/1981, 46 FR 54943.
1-2-17Coke Oven Topside9/26/198011/5/1981, 46 FR 54943.
1-2-18Coke-Side9/26/198011/5/1981, 46 FR 54943.
1-2-18.5“Cold cleaner degreaser″ defined5/18/19903/6/1992, 57 FR 8082.
1-2-19“Combustion for indirect heating″ defined9/26/198011/5/1981, 46 FR 54943.
1-2-20Commence Construction9/26/198011/5/1981, 46 FR 54943.
1-2-21Construction9/26/198011/5/1981, 46 FR 54943.
1-2-21.5“Conveyorized degreaser″ defined5/18/19903/6/1992, 57 FR 8082.
1-2-22Cutback asphalt9/26/198011/5/1981, 46 FR 54943.
1-2-22.5“Department″ defined1/21/19957/5/1995, 60 FR 34856.
1-2-23“Electric arc furnaces″ defined9/26/198011/5/1981, 46 FR 54943.
1-2-24EPA9/26/198011/5/1981, 46 FR 54943.
1-2-25Excess air9/26/198011/5/1981, 46 FR 54943.
1-2-26Existing facility9/26/198011/5/1981, 46 FR 54943.
1-2-27Facility9/26/198011/5/1981, 46 FR 54943.
1-2-28Farming operation9/26/198011/5/1981, 46 FR 54943.
1-2-28.5“Federally enforceable″ defined1/21/19957/5/1995, 60 FR 34856.
1-2-29Flare9/26/198011/5/1981, 46 FR 54943.
1-2-29.5“Freeboard height″ defined5/18/19903/6/1992, 57 FR 8082.
1-2-29.6“Freeboard ratio″ defined5/18/19903/6/1992, 57 FR 8082.
1-2-30Fugitive dust9/26/198011/5/1981, 46 FR 54943.
1-2-31Gas collector main9/26/198011/5/1981, 46 FR 54943.
1-2-32Gasoline9/26/198011/5/1981, 46 FR 54943.
1-2-32.1“Gooseneck cap″ defined6/11/19936/15/1995, 60 FR 31412.
1-2-33Governmental unit9/26/198011/5/1981, 46 FR 54943.
1-2-33.1“Grain elevator″ defined6/24/19947/21/1997, 62 FR 38919.
1-2-33.2“Grain terminal elevator″ defined6/24/19947/21/1997, 62 FR 38919.
1-2-34Incinerator9/26/198011/5/1981, 46 FR 54943.
1-2-34.1“Jumper pipe″ defined6/11/19936/15/1995, 60 FR 31412.
1-2-35Larry car9/26/198011/5/1981, 46 FR 54943.
1-2-36Lowest achievable emission rate9/26/198011/5/1981, 46 FR 54943.
1-2-37Luting material9/26/198011/5/1981, 46 FR 54943.
1-2-38Major facility9/26/198011/5/1981, 46 FR 54943.
1-2-39Malfunction9/26/198011/5/1981, 46 FR 54943.
1-2-40Material9/26/198011/5/1981, 46 FR 54943.
1-2-41Military specifications9/26/198011/5/1981, 46 FR 54943.
1-2-42Modification9/26/198011/5/1981, 46 FR 54943.
1-2-43Natural growth9/26/198011/5/1981, 46 FR 54943.
1-2-44Necessary preconstruction approvals for permits9/26/198011/5/1981, 46 FR 54943.
1-2-45New facility9/26/198011/5/1981, 46 FR 54943.
1-2-46Nonattainment areas9/26/198011/5/1981, 46 FR 54943.
1-2-47“Noncombustible container″ defined9/26/198011/5/1981, 46 FR 54943.
Start Printed Page 27907
1-2-48“Nonphotochemically reactive hydrocarbons″ or “negligibly photochemically reactive compounds″ defined10/31/20105/13/2011, [Insert page number where the document begins].
1-2-49Offtake piping9/26/198011/5/1981, 46 FR 54943.
1-2-49.5“Open top vapor degreaser″ defined5/18/19903/6/1992, 57 FR 8082.
1-2-50Oven door9/26/198011/5/1981, 46 FR 54943.
1-2-51“Owner or operator″ defined9/26/198011/5/1981, 46 FR 54943.
1-2-52“Particulate matter″ defined1/19/200510/19/2005, 70 FR 60735.
1-2-52.2“PM2.5″ defined1/19/200510/19/2005, 70 FR 60735.
1-2-52.4“PM10″ defined1/19/200510/19/2005, 70 FR 60735.
1-2-54Positive net air quality benefit9/26/198011/5/1981, 46 FR 54943.
1-2-55Potential emissions9/26/198011/5/1981, 46 FR 54943.
1-2-56Pre-carbonization9/26/198011/5/1981, 46 FR 54943.
1-2-57Primary chamber9/26/198011/5/1981, 46 FR 54943.
1-2-58Process9/26/198011/5/1981, 46 FR 54943.
1-2-59Process weight; weight rate9/26/198011/5/1981, 46 FR 54943.
1-2-60Pushing9/26/198011/5/1981, 46 FR 54943.
1-2-61“Push-side″ defined9/26/198011/5/1981, 46 FR 54943.
1-2-62“Qualified observer″ defined9/26/198011/5/1981, 46 FR 54943.
1-2-62.1“Quench car″ defined6/11/19936/15/1995, 60 FR 31412.
1-2-63Quenching9/26/198011/5/1981, 46 FR 54943.
1-2-63.1“Quench reservoir″ defined6/11/19936/15/1995, 60 FR 31412.
1-2-63.2“Quench tower″ defined6/11/19936/15/1995, 60 FR 31412.
1-2-64Reasonable further progress9/26/198011/5/1981, 46 FR 54943.
1-2-64.1“Reasonably available control technology″ or “RACT″ defined1/21/19957/5/1995, 60 FR 34856.
1-2-65Reconstruction9/26/198011/5/1981, 46 FR 54943.
1-2-66Regulated pollutant9/26/198011/5/1981, 46 FR 54943.
1-2-67Reid vapor pressure9/26/198011/5/1981, 46 FR 54943.
1-2-68Related facilities9/26/198011/5/1981, 46 FR 54943.
1-2-69Respirable dust9/26/198011/5/1981, 46 FR 54943.
1-2-70“Secondary chamber″ defined9/26/198011/5/1981, 46 FR 54943.
1-2-71“Shutdown condition″ defined9/26/198011/5/1981, 46 FR 54943.
1-2-72“Solvent″ defined9/26/198011/5/1981, 46 FR 54943.
1-2-73“Source″ defined9/26/198011/5/1981, 46 FR 54943.
1-2-74“Stack″ defined9/26/198011/5/1981, 46 FR 54943.
1-2-75“Standard conditions″ defined9/26/198011/5/1981, 46 FR 54943.
1-2-76“Startup condition″ defined9/26/198011/5/1981, 46 FR 54943.
1-2-77“Standpipe lid″ defined9/26/198011/5/1981, 46 FR 54943.
1-2-80“Tank wagon″ defined9/26/198011/5/1981, 46 FR 54943.
1-2-81“Temporary emissions″ defined9/26/198011/5/1981, 46 FR 54943.
1-2-82“Theoretical air″ defined9/26/198011/5/1981, 46 FR 54943.
1-2-82.5“Total suspended particulate″ or “TSP″ defined1/19/200510/19/2005, 70 FR 60735.
1-2-83“Transfer efficiency″ defined9/26/198011/5/1981, 46 FR 54943.
1-2-84“Transport″ defined9/26/198011/5/1981, 46 FR 54943.
1-2-85“True vapor pressure″ defined9/26/198011/5/1981, 46 FR 54943.
1-2-86“Unclassifiable (unclassified) areas″ defined9/26/198011/5/1981, 46 FR 54943.
1-2-87“Underfire″ defined9/26/198011/5/1981, 46 FR 54943.
1-2-88“Vapor balance system″ defined9/26/198011/5/1981, 46 FR 54943.
1-2-89“Vapor control system″ defined9/26/198011/5/1981, 46 FR 54943.
1-2-90“Volatile organic compound″ or “VOC″ defined5/26/20073/18/2008, 73 FR 14389.
1-2-91“Wood products″ defined9/26/198011/5/1981, 46 FR 54943.
Rule 3. Ambient Air Quality Standards
1-3-1Applicability11/27/1981, 46 FR 57895.
1-3-2Sampling Methods and Analysis11/27/1981, 46 FR 57895.
1-3-3Quality assurance guidelines11/27/1981, 46 FR 57895.
1-3-4Ambient air quality standards4/5/200610/31/2006, 71 FR 63699.
Rule 5. Episode Alert Levels
1-5-1Air Pollution Forecast5/31/1972, 37 FR 10842.
1-5-2Air Pollution Alert5/31/1972, 37 FR 10842.
1-5-3Air Pollution Warning5/31/1972, 37 FR 10842.
1-5-4Air Pollution Emergency5/31/1972, 37 FR 10842.
1-5-5Termination5/31/1972, 37 FR 10842.
Rule 6. Malfunctions
1-6-1Applicability6/24/19947/21/1997, 62 FR 38919.
Start Printed Page 27908
1-6-2Records; notice of malfunction3/15/19845/3/1990, 55 FR 18604.
1-6-3Preventive maintenance plans3/15/19845/3/1990, 55 FR 18604.
1-6-4Conditions under which malfunction not considered violation3/15/19845/3/1990, 55 FR 18604.
1-6-5Excessive malfunctions; department actions3/15/19845/3/1990, 55 FR 18604.
1-6-6Malfunction emission reduction program3/15/19845/3/1990, 55 FR 18604.
Rule 7. Stack Height Provisions
1-7-1Applicability8/27/19803/12/1982, 47 FR 10824.
1-7-3Actual stack height provisions8/27/19803/12/1982, 47 FR 10824.
1-7-5Exemptions; limitations8/27/19803/12/1982, 47 FR 10824.
*         *         *         *         *         *         *
* * * * *
End Supplemental Information

[FR Doc. 2011-11726 Filed 5-12-11; 8:45 am]

BILLING CODE 6560-50-P