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[Federal Register Volume 69, Number 229 (Tuesday, November 30, 2004)]
[Rules and Regulations]
[Pages 69531-69536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26401]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R05-OAR-2004-IN-0005; FRL-7838-3]

Approval and Promulgation of State Implementation Plans; Indiana; 
Rules To Control Particulate Matter and Carbon Monoxide From 
Incinerators

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On October 30, 2002, and January 10, 2003, Indiana submitted a 
plan to EPA which contained revised and updated rules to control 
emissions of particulate matter (PM) from incinerators and carbon 
monoxide (CO) from incinerators and other industrial categories. The 
rule changes accomplish several objectives. First, they re-adopt useful 
elements of regulations which were scheduled to expire because of 
``sunset requirements'' under the Indiana Code. In addition, they 
incorporate by reference a number of applicable EPA rules affecting 
certain types of incineration units and clarify which limits pertain to 
other types of units. The revised requirements will apply to those 
incinerators in the State where Federal rules or guidelines do not 
apply. Finally, Indiana has eliminated references to language which is 
outdated and unclear. EPA is taking final action to approve this State 
plan revision.

DATES: This rule is effective January 31, 2005, unless EPA receives 
relevant adverse written comments by December 30, 2004. If EPA receives 
adverse comment, we 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 comments, identified by Regional Material in e-Docket 
(RME) ID No. R05-OAR-2004-IN-0005 by one of the following methods:
    Federal e-Rulemaking Portal: http://www.regulations.gov. Follow the 
on-line instructions for submitting comments.
    Agency Web site: http://docket.epa.gov/rmepub/index.jspal Regional 
Material in e-Docket (RME), EPA's electronic public docket and

[[Page 69532]]

comment system, is EPA's preferred method for receiving comments. Once 
in the system, select ``quick search'' then key in the instructions for 
submitting comments.
    E-mail: [email protected].
    Fax: (312) 886-5824.
    Mail: You may send written comments to: J. Elmer Bortzer, Chief, 
Air Programs Branch, (AR-18J), Environmental Protection Agency, 77 West 
Jackson Boulevard, Chicago, Illinois 60604.
    Hand delivery: Deliver your comments to: J. Elmer Bortzer, Chief, 
Air Programs Branch (AR-18J), 18th floor, U.S. Environmental Protection 
Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604.
    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 RME ID No. R05-OAR-2004-IN-
0005. EPA's policy is that all comments received will be included in 
the public docket without change, 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 RME regulations.gov, 
or e-mail. The EPA RME Web site and the Federal regulations.gov Web 
site are ``anonymous access'' systems, 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 RME or 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. For additional instructions on submitting 
comments, go to Section I of the SUPPLEMENTARY INFORMATION section of 
the related proposed rule which is published in the Proposed Rules 
section of this Federal Register.
    Docket: All documents in the electronic docket are listed in the 
RME index at http://www.epa.gov/rmepub/index.jsp. Although listed in 
the index, some information is not publicly available, i.e., 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Publicly available docket 
materials are available either electronically in RME or in hard copy at 
Environmental Protection Agency, Region 5, Air and Radiation Division, 
77 West Jackson Boulevard, Chicago, Illinois 60604. (We recommend that 
you telephone John Paskevicz, Engineer at (312) 886-6084 before 
visiting the Region 5 office.) This Facility is open from 8:30 a.m. to 
4:30 p.m., Monday through Friday, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: John Paskevicz, Engineer, Criteria 
Pollutant Section, Air Programs Branch (AR-18J), EPA Region 5, 77 West 
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6084. 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``you'' 
refer to the reader of this rule and/or to sources subject to the State 
rule, and the terms ``we'', ``us'', and ``our'' refer to EPA.

Table of Contents

I. General Information.
    A. Does this action apply to me?
    B. How can I get copies of this document and other related 
Information?
    C. How and to whom do I submit comments?
II. What is EPA Approving in This Action?
III. Summary of the State Submittal
    What information did Indiana submit to support the revision?
    Why did Indiana change these rules?
    What changes did Indiana make?
    What other changes did the Indiana plan revision include?
    What public review opportunities did Indiana provide?
IV. EPA Review and Action
    Why is the Indiana plan revision approveable?
    What action is EPA taking?
V. How Can I Get Copies of This Document and Other Related 
Information?
VI. Statutory and Executive Order Reviews

I. General Information

A. Does This Action Apply to Me?

    This action applies to particulate matter and carbon monoxide 
emission limitations for incinerators.

B. How Can I Get Copies of This Document and Other Related Information?

    1. The Regional Office has established an electronic public 
rulemaking file available for inspection at Regional Material in 
EDocket (RME) under RME ID No. R05-OAR-2004-IN-0005, and a hard copy 
file which is available for inspection at the Regional Office. The 
official public file consists of the documents specifically referenced 
in this action, any public comments received, and other information 
related to this action. Although a part of the official docket, the 
public rulemaking file does not include any material claimed by the 
submittal to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. The official 
public rulemaking file is the collection of materials that is available 
for public viewing at the Air Programs Branch, Air and Radiation 
Division, EPA Region 5, 77 West Jackson Boulevard, Chicago, Illinois 
60604. EPA requests that if at all possible, you contact John 
Paskevicz, listed in the FOR FURTHER INFORMATION CONTACT section, to 
schedule your inspection of the file. The Regional Office's official 
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., 
excluding Federal holidays.
    2. Electronic Access. You may access this Federal Register document 
electronically through the regulations.gov Web site located at http://www.regulations.gov where you can find, review, and submit comments on 
Federal rules that have been published in the Federal Register, the 
Government's legal newspaper, and are open for comment.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing at the EPA Regional Office, 
as EPA receives them and without change, unless the comment contains 
copyrighted material, CBI, or other information whose disclosure is 
restricted by statute. When EPA identifies a comment containing 
copyrighted material, EPA will provide a reference to that material in 
the version of the comment that is placed in the official public 
rulemaking file. The entire printed comment, including the copyrighted 
material, will be available at the Regional Office for public 
inspection.

C. How and to Whom do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate rulemaking identification number by including the text 
``Public comment on proposed rulemaking Region 5 Air

[[Page 69533]]

Docket ``R05-OAR-2004-IN-0005'' in the subject line on the first page 
of your comment. Please ensure that your comments are submitted within 
the specified comment period. Comments received after the close of the 
comment period will be marked ``late.'' EPA is not required to consider 
these late comments.
    For detailed instructions on submitting public comments and on what 
to consider as you prepare your comments see the ADDRESSES section and 
the section I General Information of the SUPPLEMENTARY INFORMATION 
section of the related proposed rule which is published in the Proposed 
Rules section of this Federal Register.

II. What Is EPA Approving in This Action?

    We are approving revised rules submitted by the State of Indiana 
that control the emission of PM from incinerators, 326 Indiana 
Administrative Code (IAC) 4-2; and of CO emissions from incinerators 
and other industrial categories, 326 IAC 9-1. The State's rules are 
part of the Indiana plan which, when approved and implemented, will 
contribute to the continued attainment of the air quality standards for 
these two criteria pollutants.
    Rule 326 IAC 4-2 restricts the amount of PM allowed to be emitted 
for all incinerators, except those in residential units of four or 
fewer families and those incinerators identified in the ``Incorporation 
by Reference'' (IBR) provisions. Rule 326 IAC 4-2-1 lists the 
applicable exceptions, including sources already subject to a number of 
Federal rules and federally-approved State rules which the State 
incorporates by reference.
    Rule 326 IAC 4-2-2 identifies requirements with which all other 
incinerators must comply. These include a requirement that all 
incinerators be maintained, operated, and burn waste in accordance with 
the manufacturer's specifications or in accordance with an operation 
and maintenance plan, as specified in the rule. In addition, 326 IAC 4-
2-2 establishes an emission rate for sources with a solid waste 
charging capacity of less than 200 pounds per hour, and retains the 
emission rate for sources larger than 200 pounds per hour charging 
capacity.
    Rule 326 IAC 9-1 restricts the amount of CO allowed to be emitted 
from incinerators and several other industrial categories. Rule 326 IAC 
9-1-1(a) contains the general applicability provisions, i.e., all 
stationary sources of CO emissions commencing operation after March 21, 
1972 and for which an emission limit has been established in section 2 
of the rule. Rule 326 IAC 9-1-1(b) lists the applicable exceptions, 
including sources already subject to a certain Federal rules and 
federally-approved State rules which the State incorporates by 
reference.
    Rule 326 IAC 9-1-2 specifies emission limits for sources of CO 
affected by this rule change. They include: Petroleum refineries, 
ferrous metal smelters and refuse incinerators and refuse burning 
equipment. All of these sources are required to control their CO 
emissions by incineration, in a CO boiler, a direct flame afterburner, 
a secondary chamber or a recuperative incinerator, as specified in the 
revised rule. The Indiana rule also provides alternatives to these 
control methods if the method proposed by a source is submitted as an 
amendment to the State implementation plan and approved by the EPA.

III. Summary of the State Submittal

What Information Did Indiana Submit To Support the Revision?

    Indiana submitted material supporting this revision to the State 
implementation plan on two separate dates. The first was submitted by 
cover letter of October 30, 2002, and included notices of public 
hearings, publishers' affidavits, transcripts of public hearings, and a 
letter requesting the plan revision. The document dated January 10, 
2003, included both final rules 326 IAC 4-2, and 326 IAC 9-1, as LSA 
Document 00-44(F)(2) published in the Indiana Register on 
January 1, 2003, 26 Indiana Rule 1070.
    It should be noted that EPA originally approved PM rule 326 IAC 4-2 
on June 22, 1978 (43 FR 26722), as APC 7. In addition, EPA originally 
approved CO rule 326 IAC 9-1 on August 24, 1976 (41 FR 35677), as APC 
16. Both rules have been reissued on several occasions after being 
recodified, and are about to expire (sunset).\1\ Indiana identified 
these rules for re-adoption because there are sources in the State 
which should still be regulated by these rules.
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    \1\ The Indiana rulemaking was required pursuant to Indiana Code 
(IC) 13-14-9.5, which provides for the expiration and readoption of 
administrative rules. A rule that was adopted under provision of IC 
13 and was in effect on December 31, 1995, expires not later than 
January 1, 2002. All rules adopted after that date under IC 13-14-9, 
with some exception, expire on January 1 of the seventh year after 
the year in which each rule takes effect. Rules that incorporate a 
Federal regulation by reference are not subject to the readoption 
process.
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    In addition, the Indiana amended rule incorporates by reference 
applicable federal New Source Performance Standards at 40 CFR part 60; 
applicable State plans for designated facilities and pollutants at 40 
CFR part 62; and applicable National Emission Standards for Hazardous 
Air Pollutants at 40 CFR parts 61 and 63. A more detailed list of these 
provisions is provided below.
    Indiana has also eliminated references to language which is 
outdated and unclear. For instance, 326 IAC 4-2 no longer refers to 
``hazardous materials, pathogenic bacteria, dangerous chemicals or 
gases, and noxious odors.''

Why Did Indiana Change These Rules?

    The rulemaking action is required by Indiana Code (IC) 13, which 
regulates the expiration and re-adoption of administrative rules. For 
example, a rule that was adopted under provision of IC 13 and was in 
force on December 31, 1995, expired on January 1, 2002. The two rules 
addressed in this action are being revised and re-adopted in order to 
retain coverage of sources which would otherwise not be covered by any 
rule if the amended rules were to expire.

What Changes Did Indiana Make?

    Indiana requested approval of two amendments to the State rules 326 
IAC 4-2 and 326 IAC 9-1. The amendments in 326 IAC 4-2 change the 
language in the rules to require that incinerators operate and burn 
waste in accordance with the manufacturer's specifications or with an 
operation and maintenance plan, as directed in the rule. PM limits 
remain the same as in the original rule, but are relocated within the 
rule to accommodate the new and added provisions. Indiana exempted from 
the rule incinerators that were subject to more stringent PM limits 
provided in listed Federal and federally-approved State rules. The 
revised rule outlines elements of an operation and maintenance plan and 
the responsibilities of the owner or operator with regard to 
communication with the Indiana Department of Environmental Management 
(IDEM) on matters of compliance with the rule. This rule revision does 
not change the provision which exempts residential units consisting of 
four or fewer families.
    The changes in 326 IAC 9-1 eliminate specific references, in the 
boiler or direct flame afterburner, to flame temperature and retention 
time in controlling emissions of CO. The rule change directs a source 
not to operate an incineration unit unless the waste gas stream is 
burned in a boiler, direct-flame afterburner, recuperative incinerator, 
or secondary chamber. This rule applies to grey iron cupolas, blast 
furnaces, basic oxygen steel furnaces, or other ferrous metal smelting 
equipment

[[Page 69534]]

having a capacity of ten tons per hour or more process weight. The rule 
also applies to sources of CO in petroleum refining operations where 
catalyst regeneration and petroleum fluid coking units (known as 
cokers) must be controlled by a device noted above.

What Other Changes Did the Indiana Plan Revision Include?

    Indiana incorporated by reference a number of Federal and 
federally-approved State rules into the State plan. Sources covered by 
the identified Federal rules are not subject to the revised State rules 
(326 IAC 4-2 and 326 IAC 9-1).
    The regulations listed below have been incorporated by reference in 
326 IAC 4-2-1(b)(2). Sources covered by these rules are exempted by the 
Indiana amended PM rule:
    1. 40 CFR part 60, subpart Eb, Large Municipal Waste Combustors for 
which Construction Commenced after September 20, 1994.
    2. 40 CFR part 60, subpart Ec, Hospital/Medical/ Infectious Waste 
Incinerators for which Construction Commenced after June 20, 1996.
    3. 40 CFR part 60, subpart CCCC, Commercial and Industrial Solid 
Waste Incineration Units for Construction Commenced after November 30, 
1999.
    4. The State Plan approved under 40 CFR 62.3640 through 40 CFR 
62.3642, Hospital/Medical/Infectious Waste Incinerators.
    5. The State Plan approved under 40 CFR 62.3650 through 40 CFR 
62.3652, Large Municipal Waste Combustors.
    6. 40 CFR part 63, subpart EEE, Hazardous Waste Combustors.
    The regulations listed below have been incorporated by reference in 
326 IAC 9-1(b). Sources covered by these rules are exempted by the 
Indiana amended CO rule:
    1. 40 CFR part 60, Standards of Performance for New Stationary 
Sources.
    2. The State Plan approved under 40 CFR part 62, subpart P, 
Approval and Promulgation of State Plans for Specific Sources and 
Facilities in Indiana.
    3. 40 CFR part 62, subpart FFF, Federal Plan Requirements for Large 
Municipal Waste Combustors Constructed on or before September 20, 1994.
    4. 40 CFR part 62, subpart HHH, Federal Plan Requirements for 
Hospital/Medical/Infectious Waste Incinerators Constructed on or before 
June 20, 1996.
    5. 40 CFR part 63, National Emission Standards for Hazardous Air 
Pollutants for Source Categories.

What Public Review Opportunities Did Indiana Provide?

    Indiana published notices of these proposed rule revisions on March 
1, 2000, and May 1, 2000, giving first notice to the public of the 
intent to re-adopt rules 326 IAC 4-2 and 326 IAC 9-1. Indiana announced 
a second notice of the comment period on October 1, 2000, and January 
1, 2001. Indiana held public hearings on March 7, 2001, and August 7, 
2002, following publication of notices in newspapers around the State. 
Indiana provided to EPA copies of the public record of these hearings 
as part of the submittal of the rule changes. EPA is satisfied that 
Indiana provided adequate opportunity for public review and comment on 
this rule revision.

IV. EPA Review and Action

Why Is the Indiana Plan Revision Approveable?

    EPA has reviewed the rule changes and found them to be approveable 
because they continue to provide for attainment and maintenance of the 
CO and PM air quality standards. This is consistent with section 110 of 
the Clean Air Act (CAA), which requires State plans to contain control 
measures to meet requirements of the CAA.

What Action Is EPA Taking?

    In this direct final rule, EPA is approving the amended rules 326 
IAC 4-2, concerning PM, and 326 IAC 9-1, concerning CO, as submitted by 
Indiana on January 10, 2003. EPA is publishing this action without 
prior proposal because we view this as a noncontroversial revision to 
the State plan and we anticipate no adverse comment. However, in a 
separate document in this Federal Register publication, EPA is 
proposing to approve the State's revised plan in the event that adverse 
comments are filed. The action will be effective without further notice 
unless EPA receives relevant adverse written comment by December 30, 
2004. Should EPA receive such comments, we will publish a final rule 
informing the public that this action will not take effect. Any 
citizens and/or the affected community interested in commenting on this 
action are asked to submit comments to the individual listed at the 
front of this action. If no comments are received, the public is 
advised that this action will be effective on January 31, 2005.

V. How Can I Get Copies of This Document and Other Related Information?

    1. The Regional Office has established an electronic public 
rulemaking file available for inspection on RME and a hard copy file 
which is available for inspection at the Regional Office. EPA has 
established an official public rulemaking file for this action under 
RME ID No. R05-OAR-2004-IN-0005. The official public file consists of 
the documents specifically referenced in this action, any public 
comments received, and other information related to this action. 
Although a part of the official docket, the public rulemaking file does 
not include Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. The official 
public rulemaking file is the collection of materials that is available 
for public viewing at the Air Programs Branch, Air and Radiation 
Division, EPA Region 5, 77 West Jackson Boulevard, Chicago, Illinois 
60604. EPA requests that if at all possible, you contact John Paskevicz 
in the FOR FURTHER INFORMATION CONTACT section, to schedule your 
inspection of this file. The Regional Office's official hours of 
business are Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding 
Federal holidays.
    2. Electronic Access. You may access this Federal Register document 
electronically through the regulations.gov Web site located at http://www.regulations.gov where you can find, review, and submit comments on 
Federal rules that have been published in the Federal Register, the 
Government's legal newspaper, and are open for comment.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing at the EPA Regional Office, 
as EPA receives them and without change, unless the comment contains 
copyrighted material, CBI, or other information whose disclosure is 
restricted by statute. When EPA identifies a comment containing 
copyrighted material, EPA will provide a reference to that material in 
the version of the comment that is placed in the official public 
rulemaking file. The entire printed comment, including the copyrighted 
material, will be available at the Regional Office for public 
inspection.

How and To Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate rulemaking identification number by including the text 
``Public comment on proposed rulemaking Region 5 in RME

[[Page 69535]]

``R05-OAR-2004-IN-0005'' in the subject line on the first page of your 
comment. Please ensure that your comments are submitted within the 
specified comment period. Comments received after the close of the 
comment period will be marked ``late.'' EPA is not required to consider 
these late comments.
    For detailed instructions on submitting public comments and on what 
to consider as you prepare your comments see the ADDRESSES section and 
the section I General Information of the SUPPLEMENTARY INFORMATION 
section of the related proposed rule which is published in the Proposed 
Rules section of this Federal Register.

VI. Statutory and Executive Order Reviews

Executive Order 12866; Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget.

Executive Order 13211 Actions That Significantly Affect Energy Supply, 
Distribution, or Use

    For this reason, this action is also not subject to Executive Order 
13211, ``Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001).

Regulatory Flexibility Act

    This action merely approves State law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by State law. Accordingly, the Administrator certifies that 
this rule will not have a significant economic impact on a substantial 
number of small entities under the Regulatory Flexibility Act (5 U.S.C. 
601 et seq.).

Unfunded Mandates Reform Act

    Because this rule approves pre-existing requirements under State 
law and does not impose any additional enforceable duty beyond that 
required by State law, it 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).

Executive Order 13175 Consultation and Coordination With Indian Tribal 
Governments

    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000).

Executive Order 13132 Federalism

    This action also does not have federalism implications because it 
does not have substantial direct effects on the States, on the 
relationship between the National Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132 (64 FR 43255, August 
10, 1999). This action merely approves a State rule implementing a 
Federal standard, and does not alter the relationship or the 
distribution of power and responsibilities established in the Clean Air 
Act.

Executive Order 13045 Protection of Children From Environmental Health 
and Safety Risks

    This rule also is not subject to Executive Order 13045 ``Protection 
of Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997), because it is not economically significant.

National Technology Transfer Advancement Act

    In reviewing plan submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a plan submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply.

Paperwork Reduction Act

    This rule does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

Congressional Review Act

    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. Section 804 exempts from section 801 the following types 
of rules: (1) Rules of particular applicability; (2) rules relating to 
agency management or personnel; (3) rules of agency organization, 
procedure, or practice that do not substantially affect the rights or 
obligations of non-agency parties. 5 U.S.C. 804(3). EPA is not required 
to submit a rule report regarding this action under section 801 because 
this is a rule of particular applicability.
    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 January 31, 2005. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule 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. 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, Particulate matter, Carbon 
monoxide, Reporting and recordkeeping requirements.

    Dated: November 3, 2004.
Norman Niedergang,
Acting Regional Administrator, Region 5.

0
For the reasons stated in the preamble, part 52, chapter I, title 40 of 
the Code of Federal Regulations is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart P--Indiana

0
2. Section 52.770 is amended by adding paragraph (c)(161) to read as 
follows:

Sec.  52.770  Identification of plan.

* * * * *
    (c) * * *
    (161) On October 30, 2002 and January 10, 2003, the Indiana 
Department of Environmental Management submitted revisions to Chapter 
326 IAC 4-2 and 9-1 of the Indiana Administrative Code (IAC), an 
incineration plan for selected sources in

[[Page 69536]]

Indiana, with a request that the Indiana State Implementation Plan be 
revised to include these amended carbon monoxide and particulate matter 
rules.
    (i) Incorporation by reference.
    (A) Indiana rule: 326 IAC 4-2-1 and 326 IAC 4-2-2 (particulate 
matter), published at Indiana Register, January 1, 2003, 26 IR 1070, 
with an effective date of December 15, 2002.
    (B) Indiana rule: 326 IAC 9-1-1 and 326 IAC 9-1-2 (carbon 
monoxide), published at Indiana Register, January 1, 2003, 26 IR 1072, 
with an effective date of December 15, 2002.
[FR Doc. 04-26401 Filed 11-29-04; 8:45 am]
BILLING CODE 6560-50-P
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