Federal Register / Vol. 76, No. 188 / Wednesday, September 28, 2011 / Rules and Regulations 59899 

1 ‘‘Endangerment and Cause or Contribute 

Findings for Greenhouse Gases Under Section 

202(a) of the Clean Air Act.’’ 74 FR 66496 

(December 15, 2009). 

2 ‘‘Interpretation of Regulations that Determine 

Pollutants Covered by Clean Air Act Permitting 

Programs.’’ 75 FR 17004 (April 2, 2010). 

3 ‘‘Light-Duty Vehicle Greenhouse Gas Emission 

Standards and Corporate Average Fuel Economy 

Standards; Final Rule.’’ 75 FR 25324 (May 7, 2010). 

4 ‘‘Prevention of Significant Deterioration and 

Title V Greenhouse Gas Tailoring Rule; Final Rule.’’ 

75 FR 31514 (June 3, 2010). 

5 ‘‘Limitation of Approval of Prevention of 

Significant Deterioration Provisions Concerning 

Greenhouse Gas Emitting-Sources in State 

Implementation Plans.’’ 75 FR 82536 (December 30, 

2010). 

prohibited from entering the designated 

race areas unless authorized by the 

designated on-scene Patrol Commander. 

Spectator craft may remain in 

designated spectator areas but must 

follow the directions of the designated 

on-scene Patrol Commander. The event 

sponsor may also function as the 

designated on-scene Patrol Commander. 

Spectator craft entering, exiting or 

moving within the spectator area must 

operate at speeds which will create a 

minimum wake. 

Emergency Signaling: A succession of 

sharp, short signals by whistle or horn 

from vessels patrolling the areas under 

the discretion of the designated onscene Patrol Commander shall serve as 

a signal to stop. Vessels signaled shall 

stop and shall comply with the orders 

of the patrol vessel. Failure to do so may 

result in expulsion from the area, 

citation for failure to comply, or both. 

This notice is issued under authority 

of 33 CFR 100.1308 and 5 U.S.C. 552(a). 

In addition to this notice in the Federal 

Register, the Coast Guard will provide 

the maritime community with advance 

notification of this enforcement period 

via the Local Notice to Mariners. If the 

Captain of the Port determines that the 

regulated area need not be enforced for 

the full duration stated in this notice, he 

may use a Broadcast Notice to Mariners 

to grant general permission to enter the 

regulated area. 

Dated: 9/12/11. 

S.J. Ferguson, 

Captain, U.S. Coast Guard, Captain of the 

Port, Puget Sound. 

[FR Doc. 2011–24728 Filed 9–27–11; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2010–1024; FRL–9471–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana; 

Prevention of Significant Deterioration 

Greenhouse Gas Tailoring Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving revisions to 

the Indiana State Implementation Plan 

(SIP), submitted by the Indiana 

Department of Environmental 

Management (IDEM) to EPA on July 7, 

2011. The SIP revision modifies 

Indiana’s Prevention of Significant 

Deterioration (PSD) program to establish 

appropriate emission thresholds for 

determining which new stationary 

sources and modification projects 

become subject to Indiana’s PSD 

permitting requirements for their 

greenhouse gas (GHG) emissions. EPA 

proposed approval of these regulatory 

revisions on June 17, 2011, and received 

no comments. This action affects major 

stationary sources in Indiana that have 

GHG emissions above the thresholds 

established in the PSD regulations. 

DATES: This final rule is effective on 

October 28, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2010–1024. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. 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. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

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 Sam Portanova, 

Environmental Engineer, at (312) 886– 

3189 before visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: Sam 

Portanova, Environmental Engineer, Air 

Permits Section, Air Programs Branch 

(AR–18J), Environmental Protection 

Agency, Region 5, 77 West Jackson 

Boulevard, Chicago, Illinois 60604, 

(312) 886–3189, 

portanova.sam@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. What is the background for this action? 

II. What comments did EPA receive? 

III. What is the effect of this action? 

IV. What action is EPA taking? 

V. Statutory and Executive Order Reviews 

I. What is the background for this 

action? 

EPA has recently undertaken a series 

of actions pertaining to the regulation of 

GHGs that, although for the most part 

distinct from one another, establish the 

overall framework for today’s final 

action on the Indiana SIP. Four of these 

actions include, as they are commonly 

called, the ‘‘Endangerment Finding’’ 

and ‘‘Cause or Contribute Finding,’’ 

which EPA issued in a single final 

action,1 the ‘‘Johnson Memo 

Reconsideration,’’ 2 the ‘‘Light-Duty 

Vehicle Rule,’’ 3 and the ‘‘Tailoring 

Rule.’’ 4 Taken together and in 

conjunction with the Clean Air Act 

(CAA), these actions established 

regulatory requirements for GHGs 

emitted from new motor vehicles and 

new motor vehicle engines; determined 

that such regulations, when they took 

effect on January 2, 2011, subjected 

GHGs emitted from stationary sources to 

PSD requirements; and limited the 

applicability of PSD requirements to 

GHG sources on a phased-in basis. 

Recognizing that some states had 

approved SIP PSD programs that do 

apply PSD to GHGs, but that do so for 

sources that emit as little as 100 or 250 

tons per year of GHG, and that do not 

limit PSD applicability to GHGs to the 

higher thresholds in the Tailoring Rule, 

EPA published a final rule on December 

30, 2010, narrowing its previous 

approval of PSD programs as applicable 

to GHG-emitting sources in SIPs for 24 

states, including Indiana (PSD 

Narrowing Rule).5 In the PSD Narrowing 

Rule, EPA withdrew its approval of 

Indiana’s SIP, among other SIPs, to the 

extent that SIP applies PSD permitting 

requirements to GHG emissions from 

sources emitting at levels below those 

set in the Tailoring Rule. Subsequently, 

Indiana’s approved SIP provided the 

state with authority to regulate GHGs, 

but only at and above the Tailoring Rule 

thresholds; and Federally required new 

and modified sources to receive a PSD 

permit based on GHG emissions only if 

they emitted at or above the Tailoring 

Rule thresholds. 

On December 3, 2010, in response to 

the Tailoring Rule and earlier GHGrelated EPA rules, IDEM submitted a 

draft revision to EPA for parallel 

processing approval into the Indiana SIP 

to establish appropriate emission 

thresholds for determining which new 


emcdonald on DSK5VPTVN1PROD with RULES
59900 Federal Register / Vol. 76, No. 188 / Wednesday, September 28, 2011 / Rules and Regulations 

6 40 CFR 52.773(k) codifies EPA’s limiting its 

approval of Indiana’s PSD SIP to not cover the 

applicability of PSD to GHG-emitting sources below 

the Tailoring Rule thresholds. 

or modified stationary sources become 

subject to PSD permitting requirements 

for GHG emissions. Subsequently, on 

June 17, 2011, EPA published a 

proposed approval of this parallel 

processing SIP submittal. See 76 FR 

35380. Specifically, EPA proposed to 

approve revisions to 326 IAC 2–2–1 and 

326 IAC 2–2–4 of Indiana’s PSD rules to 

add GHG permitting requirements. 

Detailed background information and 

EPA’s rationale for the proposed 

approval are provided in EPA’s June 17, 

2011, Federal Register action. 

EPA’s June 17, 2011, proposed 

approval was contingent upon Indiana 

providing a final SIP revision that was 

substantively the same as the December 

3, 2010, submittal for parallel 

processing. Indiana provided its final 

SIP submittal on July 7, 2011, which 

included rules adopted final by IDEM 

on March 16, 2011. There were no 

differences between the December 3, 

2010, draft SIP revision, and the July 7, 

2011, final SIP revision. 

II. What comments did EPA receive? 

The public comment period on the 

proposed approval of Indiana’s SIP 

revision ended on July 18, 2011. EPA 

did not receive any comments on the 

proposed approval of this SIP revision. 

III. What is the effect of this action? 

Final approval of Indiana’s July 7, 

2011, SIP revision incorporates changes 

to 326 IAC 2–2–1 and 326 IAC 2–2–4 of 

the state’s rules to establish the GHG 

emission thresholds for PSD 

applicability set forth in EPA’s Tailoring 

Rule, confirming that smaller GHG 

sources emitting less than these 

thresholds will not be subject to PSD 

permitting requirements under the 

approved Indiana SIP. EPA has 

determined that the SIP revision 

approved by today’s action is consistent 

with EPA’s regulations, including the 

Tailoring Rule. Furthermore, EPA has 

determined that this SIP revision is 

consistent with section 110 of the CAA. 

Pursuant to section 110 of the CAA, 

EPA approves this revision into 

Indiana’s SIP. 

As result of today’s action approving 

Indiana’s incorporation of the 

appropriate GHG permitting thresholds 

into its SIP, paragraph (k) in 40 CFR 

52.773, as included in EPA’s PSD 

Narrowing Rule, is no longer necessary.6

Thus, today’s action also amends 40 

CFR 52.773 to remove this unnecessary 

regulatory language. 

IV. What action is EPA taking? 

EPA is approving the revisions to 326 

IAC 2–2–1 and 326 IAC 2–2–4 of 

Indiana’s PSD regulations which were 

submitted by IDEM on July 7, 2011. 

These revisions establish appropriate 

emissions thresholds for determining 

PSD applicability with respect to new or 

modified GHG-emitting stationary 

sources in accordance with EPA’s June 

3, 2010, Tailoring Rule. 

With this approval, EPA also amends 

40 CFR 52.773 to remove paragraph (k). 

V. 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 CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, 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 November 28, 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. 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, 

and Reporting and recordkeeping 

requirements. 

Dated: September 15, 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. 


emcdonald on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 76, No. 188 / Wednesday, September 28, 2011 / Rules and Regulations 59901 

Subpart P—Indiana 

■ 2. In § 52.770 the table in paragraph 

(c) is amended by revising the entries 

for ‘‘2–2–1’’ and ‘‘2–2–4’’ to read as 

follows: 

§ 52.770 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED INDIANA REGULATIONS

Indiana citation Subject Indiana effective date EPA approval date Notes 

*******

2–2–1 ........................................... Definitions .................................... 03/16/2011 9/28/2011, [Insert page 

number where the document begins].

* * * * * * * 

2–2–4 ........................................... Air quality analysis; requirements 03/16/2011 9/28/2011, [Insert page 

number where the document begins].

* * * * * * * 

* * * * * 

■ 3. In § 52.773, paragraph (k) is 

removed. 

[FR Doc. 2011–24790 Filed 9–27–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2010–0087; FRL–8889–8] 

Isaria fumosorosea Apopka Strain 97; 

Exemption From the Requirement of a 

Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of Isaria 

fumosorosea (formerly known as 

Paecilomyces fumosoroseus) Apopka 

strain 97 in or on all food commodities 

when applied as an insecticide or 

miticide and used in accordance with 

good agricultural practices. Certis USA, 

LLC, submitted a petition to EPA under 

the Federal Food, Drug, and Cosmetic 

Act (FFDCA) requesting an exemption 

from the requirement of a tolerance. 

This regulation eliminates the need to 

establish a maximum permissible level 

for residues of Isaria fumosorosea 

Apopka strain 97 under the FFDCA. 

DATES: This regulation is effective 

September 28, 2011. Objections and 

requests for hearings must be received 

on or before November 28, 2011, and 

must be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2010–0087. All documents in the 

docket are listed in the docket index 

available at http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the Office of 

Pesticide Programs (OPP) Regulatory 

Public Docket in Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. The Docket 

Facility is open from 8:30 a.m. to 4 p.m., 

Monday through Friday, excluding legal 

holidays. The Docket Facility telephone 

number is (703) 305–5805. 

FOR FURTHER INFORMATION CONTACT: 

Shanaz Bacchus, Biopesticides and 

Pollution Prevention Division (7511P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–8097; e-mail address: 

bacchus.shanaz@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of 40 CFR part 180 

through the Government Printing 

Office’s e-CFR site at http:// 

ecfr.gpoaccess.gov/cgi/t/text/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/ 

40tab_02.tpl. To access the harmonized 

test guidelines referenced in this 

document electronically, please go to 

http://www.epa.gov/ocspp and select 

‘‘Test Methods and Guidelines.’’ 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a(g), any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 


emcdonald on DSK5VPTVN1PROD with RULES