12482 Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Rules and Regulations 

Dated: February 23, 2012. 

Peter J. Probasco, 

Assistant Regional Director, U.S. Fish and 

Wildlife Service, Acting Chair, Federal 

Subsistence Board. 

Dated: February 16, 2012. 

Beth G. Pendleton, 

Regional Forester, USDA—Forest Service. 

[FR Doc. 2012–4786 Filed 2–29–12; 8:45 am] 

BILLING CODE 3410–11–P; 4310–55–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2010–0100; FRL–9641–8] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana; 

Lead Ambient Air Quality Standards 

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) 

for lead (Pb) under the Clean Air Act 

(CAA). This submittal incorporates the 

National Ambient Air Quality Standards 

(NAAQS) for Pb promulgated by EPA in 

2008. 

DATES: This direct final rule will be 

effective April 30, 2012, unless EPA 

receives adverse comments by April 2, 

2012. 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–2010–0100 by one of the following 

methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: aburano.douglas@epa.gov. 

3. Fax: (312)408–2279. 

4. Mail: Douglas Aburano, Chief, 

Attainment Planning and Maintenance 

Section, (AR–18J), U.S. Environmental 

Protection Agency, 

77 West Jackson Boulevard, Chicago, 

Illinois 60604. 

5. Hand Delivery: Douglas Aburano, 

Chief, Attainment Planning and 

Maintenance Section (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– 

0100. 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 Andy 

Chang, Environmental Engineer, 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. Background 

A. When and why did the State make this 

submittal? 

B. Did the State hold public hearings for 

this submittal? 

II. What is EPA’s analysis of IDEM’s 

submittal? 

III. What action is EPA taking? 

IV. Statutory and Executive Order Reviews 

I. Background 

A. When and why did the State make 

this submittal? 

The November 24, 2010 submittal 

incorporates the current primary and 

secondary NAAQS for Pb, which were 

published in the Federal Register on 

November 12, 2008 (73 FR 66964) and 

codified at 40 CFR 50.16, ‘‘National 

primary and secondary ambient air 

quality standards for lead.’’ At the State 

level, these provisions became effective 

on October 24, 2010. 

IDEM submitted the revisions to EPA 

for incorporation into the Indiana SIP to 

ensure consistency between the State 

and Federal definitions of the Pb 

NAAQS, as well as in the determination 

of attainment of those NAAQS. 

B. Did the State hold public hearings for 

these submittals? 

A public hearing for the Pb NAAQS 

revision was held on June 2, 2010. No 

comments were received at this hearing. 

II. What is EPA’s analysis of IDEM’s 

submittal? 

On November 12, 2008, revisions to 

the Pb NAAQS were published in the 

Federal Register (73 FR 66964) and 

codified at 40 CFR 50.16. The primary 

(health-based) Pb NAAQS was 

strengthened to 0.15 micrograms per 

cubic meter (mg/m3), measured as a 

rolling 3-month average and evaluated 

over a 3-year period. The secondary 

(welfare-based) Pb NAAQS was revised 

to be identical to the primary Pb 

NAAQS. 

Under 40 CFR 50.16(a), ambient Pb 

concentrations are to be measured by 

either: (1) A reference method based on 

appendix G to 40 CFR part 50 

(‘‘Reference Method for the 

Determination of Lead in Suspended 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Rules and Regulations 12483 

Particulate Matter Collected From 

Ambient Air’’) and designated in 

accordance with 40 CFR part 53 

(‘‘Ambient Air Monitoring Reference 

and Equivalent Methods’’); or (2) an 

equivalent method designated in 

accordance with 40 CFR part 53. In 

addition, under 40 CFR 50.16(b), 

determinations as to whether the Pb 

standards have been met are to be made 

in accordance with the data handling 

conventions and computations in 40 

CFR part 50, appendix R, 

‘‘Interpretation of the National Ambient 

Air Quality Standards for Lead.’’ 

In IDEM’s November 24, 2010 

submittal, the State requested that 326 

Indiana Administrative Code (IAC) 1–3– 

4 (b)(6) be revised to reflect EPA’s 

revised primary and secondary Pb 

NAAQS. IDEM’s requested revisions are 

nearly identical to the provisions 

contained in 40 CFR 50.16. Specifically, 

the definition of the NAAQS, the 

calculations for determining attainment 

of the NAAQS, and the mechanism to 

measure ambient concentrations of Pb 

are consistent with 40 CFR 50.16. 

IDEM’s rule contains the primary and 

secondary NAAQS of 0.15 mg/m3, which 

are achieved when the maximum 

arithmetic 3-month mean concentration 

for a 3-year period is equal to, or less 

than, 0.15 mg/m3, as determined by 

appendix R to 40 CFR part 50. Indiana 

has incorporated appendix R by 

reference into the SIP. 

IDEM’s submittal also incorporates by 

reference appendix G to 40 CFR part 50, 

which contains the data handling 

conventions and computations for 

determining with the Pb NAAQS have 

been met. It should be noted, however, 

that a determination of what constitutes 

a ‘‘Federal Equivalent Method’’ under 

40 CFR 50.16(a)(2) can only be made by 

the Administrator of EPA. 

Aligning State and Federal ambient 

air quality standards, calculations for 

compliance, and ambient concentration 

collection methods ensures consistency 

between EPA’s and IDEM’s Pb NAAQS; 

therefore, EPA concludes that IDEM’s 

requested revision is approvable. 

III. What action is EPA taking? 

EPA is approving a submittal from 

IDEM that incorporates the Federally 

promulgated NAAQS for Pb codified at 

40 CFR 50.16. Aligning State and 

Federal ambient air quality standards 

ensures consistency between EPA’s and 

IDEM’s Pb NAAQS. 

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 April 30, 2012 without further 

notice unless we receive relevant 

adverse written comments by April 2, 

2012. 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; 

therefore, 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 

April 30, 2012. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve State choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by State law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act 

(5 U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the 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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by April 30, 2012. 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 


tkelley on DSK3SPTVN1PROD with RULES
12484 Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Rules and Regulations 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Lead, Reporting and 

recordkeeping requirements. 

Dated: February 21, 2012. 

Susan Hedman, 

Regional Administrator, Region 5. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart P—Indiana 

■ 2. In § 52.770 the table in paragraph 

(c) is amended by revising the entry for 

‘‘1–3–4’’ to read as follows: 

§ 52.770 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED INDIANA REGULATIONS

Indiana 

citation Subject Indiana effective date EPA approval date Notes 

*******

1–3–4 ....... Ambient air quality standards ............................... 10/24/2010 3/1/2012, [Insert page number where the document begins].

* * * * * * * 

* * * * * 

[FR Doc. 2012–4970 Filed 2–29–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2010–0696–201202(a); 

FRL–9636–8] 

Approval and Promulgation of 

Implementation Plans; Tennessee: 

Prevention of Significant Deterioration; 

Greenhouse Gases—Automatic 

Rescission Provisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve the State 

Implementation Plan (SIP) revision 

submitted by the State of Tennessee, 

through the Tennessee Department of 

Environmental Conservation (TDEC), 

Air Pollution Control Division, to EPA 

on January 11, 2012, for the purpose of 

amending the State’s New Source 

Review (NSR) Prevention of Significant 

Deterioration (PSD) regulations as they 

relate to greenhouse gases (GHGs). 

Specifically, Tennessee amended its 

PSD regulations to add automatic 

rescission provisions. These provisions 

provide that in the event that the U.S. 

Court of Appeals for the DC Circuit or 

the U.S. Supreme Court issues an order 

which would render GHGs not subject 

to regulation under the Clean Air Act’s 

PSD permitting program, then GHGs 

shall not be subject to regulation under 

Tennessee’s PSD regulations as of the 

effective date of EPA’s Federal Register 

notice of vacatur. Further, the 

provisions provide that in the event that 

there is a change to Federal law that 

supersedes regulation of GHGs under 

the Clean Air Act’s PSD permitting 

program, then GHGs shall not be subject 

to regulation under Tennessee’s PSD 

regulations as of the effective date of the 

change in federal law. EPA took action 

to approve the GHG Tailoring Rule PSD 

provisions into the Tennessee SIP in a 

separate rulemaking. EPA is approving 

Tennessee’s January 11, 2012, SIP 

revision because the Agency has made 

the determination that this SIP revision 

is not contrary to section 110 and part 

C of the Clean Air Act (CAA or Act) or 

EPA regulations regarding PSD 

permitting for GHGs. 

DATES: This direct final rule is effective 

April 30, 2012 without further notice, 

unless EPA receives adverse comment 

by April 2, 2012. If EPA receives such 

comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number, ‘‘EPA– 

R04–OAR–2010–0696,’’ by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: benjamin.lynorae@epa.gov. 

3. Fax: 404–562–9019. 

4. Mail: ‘‘EPA–R04–OAR–2010– 

0696,’’ Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Ms. 

Lynorae Benjamin, Chief, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s 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 Number, ‘‘EPA–R04–OAR– 

2010–0696.’’ 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 through www.regulations.gov 

or email, information that you consider 

to be CBI or otherwise protected. 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 


tkelley on DSK3SPTVN1PROD with RULES