20850 Federal Register / Vol. 76, No. 72 / Thursday, April 14, 2011 / Rules and Regulations 

EPA-APPROVED INDIANA REGULATIONS—Continued 

Indiana citation Subject Indiana 

effective date EPA approval date Notes 

Rule 4.1. Lake County Sulfur Dioxide Emission Limitations 

7–4.1–1 ............. Lake County sulfur dioxide emission limitations ................ 6/24/2005 9/26/2005, 70 FR 56129. 

7–4.1–2 ............. Sampling and analysis protocol .......................................... 6/24/2005 9/26/2005, 70 FR 56129. 

7–4.1–3 ............. BP Products North America Inc. sulfur dioxide emission 

limitations.

6/24/2005 9/26/2005, 70 FR 56129. 

7–4.1–4 ............. Bucko Construction sulfur dioxide emission limitations ..... 6/24/2005 9/26/2005, 70 FR 56129. 

7–4.1–5 ............. Cargill, Inc. sulfur dioxide emission limitations ................... 11/19/2010 4/14/2011, [Insert page number where the document 

begins]. 

7–4.1–6 ............. Carmeuse Lime sulfur dioxide emission limitations ........... 6/24/2005 9/26/2005, 70 FR 56129. 

7–4.1–7 ............. Cokenergy Inc. sulfur dioxide emission limitations ............ 6/24/2005 9/26/2005, 70 FR 56129. 

7–4.1–8 ............. Indiana Harbor Coke Company sulfur dioxide emission 

limitations.

6/24/2005 9/26/2005, 70 FR 56129. 

7–4.1–9 ............. Ironside Energy, LLC sulfur dioxide emission limitations ... 6/24/2005 9/26/2005, 70 FR 56129. 

7–4.1–10 ........... ISG Indiana Harbor Inc. sulfur dioxide emission limitations 6/24/2005 9/26/2005, 70 FR 56129. 

7–4.1–11 ........... Ispat Inland Inc. sulfur dioxide emission limitations ........... 6/24/2005 9/26/2005, 70 FR 56129. 

7–4.1–12 ........... Methodist Hospital sulfur dioxide emission limitations ....... 6/24/2005 9/26/2005, 70 FR 56129. 

7–4.1–13 ........... National Recovery Systems sulfur dioxide emission limitations.6/24/2005 9/26/2005, 70 FR 56129. 

7–4.1–14 ........... NIPSCO Dean H. Mitchell Generating Station sulfur dioxide emission limitations.6/24/2005 9/26/2005, 70 FR 56129. 

7–4.1–15 ........... Rhodia sulfur dioxide emission limitations ......................... 6/24/2005 9/26/2005, 70 FR 56129. 

7–4.1–16 ........... Safety-Kleen Oil Recovery Company sulfur dioxide emission limitations.6/24/2005 9/26/2005, 70 FR 56129. 

7–4.1–17 ........... SCA Tissue North America LLC sulfur dioxide emission 

limitations.

6/24/2005 9/26/2005, 70 FR 56129. 

7–4.1–18 ........... State Line Energy, LLC sulfur dioxide emission limitations 6/24/2005 9/26/2005, 70 FR 56129. 

7–4.1–19 ........... Unilever HPC USA sulfur dioxide emission limitations ...... 6/24/2005 9/26/2005, 70 FR 56129. 

7–4.1–20 ........... U.S. Steel—Gary Works sulfur dioxide emission limitations.6/24/2005 9/26/2005, 70 FR 56129. 

7–4.1–21 ........... Walsh and Kelly sulfur dioxide emission limitations ........... 6/24/2005 9/26/2005, 70 FR 56129. 

* * * * * * * 

* * * * * 

[FR Doc. 2011–8867 Filed 4–13–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2010–0545; FRL–9295–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana; 

Stage I Vapor Recovery Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving into the 

Indiana State Implementation Plan 

(SIP), amendments to the stage I vapor 

recovery rule and administrative 

changes to stage II vapor recovery rule 

submitted by the Indiana Department of 

Environmental Management on June 11, 

2010. These rule revisions made volatile 

organic compounds (VOC) emission 

control requirements for filling at 

gasoline dispensing facilities more 

stringent by applying them statewide, 

making the rule applicable to smaller 

tanks and revising the requirements for 

newer submerged fill pipes. These new 

State requirements update the SIP 

consistent with new Federal 

requirements from January 10, 2008 area 

source National Emissions Standards for 

Hazardous Air Pollutants (NESHAPs) 

for gasoline dispensing facilities. The 

revisions also delete references to 

compliance dates which have passed. 

The rules are approvable because they 

are consistent with the Clean Air Act 

(Act) and EPA regulations, and should 

result in additional emission reductions 

of VOCs throughout Indiana. 

DATES: This direct final rule will be 

effective June 13, 2011, unless EPA 

receives adverse comments by May 16, 

2011. 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–2010–0545, 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: Doug 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: Doug 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– 

0545. 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 

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Federal Register / Vol. 76, No. 72 / Thursday, April 14, 2011 / Rules and Regulations 20851 

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 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 Carolyn Persoon, 

Environmental Engineer, at (312) 353– 

8290, before visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Carolyn Persoon, Environmental 

Engineer, Control Strategies Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–8290, 

persoon.carolyn@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 should I consider as I prepare my 

comments for EPA? 

II. What is the background of the rule 

revisions? 

III. What is EPA’s analysis of the rule 

revisions? 

IV. What action is EPA taking? 

V. Statutory and Executive Order Reviews 

I. What should I consider as I prepare 

my comments for EPA? 

1. Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

2. Follow directions—The EPA may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

3. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

4. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

5. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

6. Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

7. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

8. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. What is the background of the rule 

revisions? 

On January 10, 2008, EPA issued new, 

more stringent National Regulations for 

Gasoline Dispensing Facilities at 40 CFR 

part 63, subpart CCCCCC, (73 FR 1945), 

promulgated under section 112 of the 

Act. The gasoline dispensing standards 

in that rule apply nationwide to subject 

sources of hazardous air pollutants 

identified in 40 CFR 63.11111. 

Indiana adopted new requirements to 

reflect the revised Federal regulations. 

These revisions: (1) Remove past 

compliance dates (326 IAC 8–1–3); 

(2) extend applicability of the rules to 

facilities statewide with a through-put 

of ten thousand (10,000) gallons per 

month or greater (326 IAC 8–4–1); and 

(3) add new requirements for filling 

gasoline storage tanks (326 IAC 8–4–6). 

Indiana placed notices for public 

comment periods in the Indiana Register 

first on June 27, 2007 and the second 

notice on June 3, 2009. Indiana placed 

notices of public hearing dates in four 

newspapers on July 31, 2009. Indiana 

then held a public hearing on the 

proposed rule on September 2, 2009. 

There were no comments. The proposed 

rule was published in the Indiana 

Register on September 23, 2009, and no 

comments were received. A second 

notice of hearing was published in the 

Indiana Register on September 23, 2009 

and a second public hearing was held 

on November 4, 2009. No comments 

were received. The final rule was 

adopted on November 4, 2009. 

III. What is EPA’s analysis of the rule 

revisions? 

The revisions to Indiana’s stage I 

vapor recovery rule, 326 IAC 8–1–3, 326 

IAC 8–4–1 and 326 IAC 8–4–6, are 

approvable because they are consistent 

with the Act and applicable EPA 

regulations, and should result in 

additional VOC emission reductions. A 

description of the rule revisions follows: 

326 IAC 8–1–3 Compliance 

schedules—This section deletes 

subsections 8–1–3 (d) and (e), which 

had allowed for compliance date 

extensions, because the applicable dates 

have long past. 

326 IAC 8–4–1 Applicability—This 

section expands the applicability to all 

gasoline storage tanks at a gasoline 

dispensing facility with a through-put of 

ten thousand (10,000) gallons per month 

or greater. 

326 IAC 8–4–6 Gasoline dispensing 

facilities—Section 6(a)(8) decreases the 

tank cut off size required to meet the 

regulatory standards for fueling from 

two thousand, one hundred seventy six 

(2,176) to nine hundred forty-six (946) 

liters (575 to 250 gallons). Section 

6(b)(1) revises the requirements for 

submerged fill pipes for existing and 

newer tanks. Fill pipes installed before 

November 9, 2006 must be no more than 

twelve (12) inches from the bottom of 

the tank, and those installed after 

November 9, 2006 must be no more than 

six (6) inches from the bottom of the 

tank. 

The expanded applicability and more 

stringent submerged fill requirements 

will result in additional VOC 

reductions. 

IV. What action is EPA taking? 

EPA is approving into the Indiana SIP 

revisions the entire stage I and stage II 

vapor recovery rule. Although the only 

amendments to the rule affected are 

sections 326 IAC 8–1–3, 326 IAC 8–4– 

1, and 326 IAC 8–4–6, concerning stage 

I vapor recovery, and administrative 

changes to stage II vapor recovery rule, 

we are approving the entire rule for 

clarity and consistency. 

We are publishing this action without 

prior proposal because we view this as 

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20852 Federal Register / Vol. 76, No. 72 / Thursday, April 14, 2011 / Rules and Regulations 

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 13, 2011 without further 

notice unless we receive relevant 

adverse written comments by May 16, 

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. The 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 13, 2011. 

V. Statutory and Executive Order 

Reviews 

Under the Act, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

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 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 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 Act, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by June 13, 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, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: March 30, 2011. 

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 entries 

under Article 8 for ‘‘8–1 General 

Provisions’’ and ‘‘8–4 Petroleum 

Sources’’ to read as follows: 

§ 52.770 Identification of plan. 

* * * * * 

(c) * * * 

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Federal Register / Vol. 76, No. 72 / Thursday, April 14, 2011 / Rules and Regulations 20853 

EPA-APPROVED INDIANA REGULATIONS

Indiana citation Subject Indiana 

effective date 

EPA approval 

date Notes 

*******

Article 8. Volatile Organic Compound Rules 

8–1 .................... General Provisions.

8–1–0.5 ............. Definitions ........................................................................... 10/18/1995 11/3/1999, 64 FR 59642.

8–1–1 ................ Applicability ......................................................................... 6/5/1991 3/6/1992, 57 FR 8082.

8–1–2 ................ Compliance methods .......................................................... 12/15/2002 5/5/2003, 68 FR 23604.

8–1–3 ................ Compliance schedules ........................................................ 5/15/2010 4/14/2011, [Insert page number where the document 

begins].

8–1–4 ................ Testing procedures ............................................................. 7/15/2001 9/11/2002, 67 FR 57515.

8–1–5 ................ Petition for site-specific reasonably available control technology (RACT) plan.11/10/1988 9/6/1990, 55 FR 36635.

8–1–6 ................ New facilities; general reduction requirements .................. 6/24/2006 6/13/2007, 72 FR 32531.

8–1–7 ................ Military specifications .......................................................... ........................ 10/27/1982, 47 FR 20586.

8–1–9 ................ General record keeping and reporting requirements ......... 5/22/1997 6/29/1998, 63 FR 35141.

8–1–10 .............. Compliance certification, record keeping, and reporting 

requirements for certain coating facilities using compliant coatings.

5/22/1997 6/29/1998, 63 FR 35141.

8–1–11 .............. Compliance certification, record keeping, and reporting 

requirements for certain coating facilities using daily– 

weighted averaging.

5/22/1997 6/29/1998, 63 FR 35141.

8–1–12 .............. Compliance certification, record keeping, and reporting 

requirements for certain coating facilities using control 

devices.

5/22/1997 6/29/1998, 63 FR 35141.

* * * * * * * 

8–4 .................... Petroleum Sources. 

8–4–1 ................ Applicability ......................................................................... 5/15/2010 4/14/2011, [Insert page number where the document 

begins].

8–4–2 ................ Petroleum refineries ............................................................ ........................ 1/18/1983, 48 FR 2127.

8–4–3 ................ Petroleum liquid storage facilities ....................................... ........................ 2/10/1986, 51 FR 4912.

8–4–4 ................ Bulk gasoline terminals ....................................................... ........................ 1/18/1983, 48 FR 2127.

8–4–5 ................ Bulk gasoline plants ............................................................ ........................ 1/18/1983, 48 FR 2127.

8–4–6 ................ Gasoline dispensing facilities ............................................. 5/15/2010 4/14/2011, [Insert page number where the document 

begins].

8-4-7 .................. Gasoline transports ............................................................. 11/5/1999 5/31/2002, 67 FR 38006.

8–4–8 ................ Leaks from petroleum refineries; monitoring; reports ........ 6/5/1991 3/6/1992, 57 FR 8082.

8–4–9 ................ Leaks from transports and vapor collection systems; 

records.

11/5/1999 5/31/2002, 67 FR 38006.

* * * * * * * 

* * * * * 

[FR Doc. 2011–8874 Filed 4–13–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2007–1186–201114; FRL– 

9295–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Kentucky; Approval of Section 

110(a)(1) Maintenance Plans for the 

1997 8-Hour Ozone Standards for the 

Edmonson County, KY; Greenup 

County Portion of the HuntingtonAshland, WV–KY; Lexington-Fayette, 

KY; and Owensboro, KY 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve revisions to the Kentucky State 

Implementation Plan (SIP) that include 

maintenance plans addressing the 1997 

8-hour ozone national ambient air 

quality standards (NAAQS or standards) 

for the following four Kentucky 

attainment areas: Edmonson County 

(hereafter referred to as the ‘‘Edmonson 

County Area’’); the portion of Greenup 

County that was previously a part of the 

Huntington-Ashland, West VirginiaKentucky 1-hour ozone maintenance 

area (hereafter referred to as the 

‘‘Greenup County Area’’); Fayette and 

Scott Counties (hereafter referred to as 

the ‘‘Lexington Area’’); and Hancock 

County and the portion of Daviess 

County that was previously a part of the 

Owensboro 1-hour ozone maintenance 

area (hereafter referred to as the 

‘‘Owensboro Area’’)—collectively, these 

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