16412 Federal Register / Vol. 78, No. 51 / Friday, March 15, 2013 / Rules and Regulations 

SUPPLEMENTARY INFORMATION: The U.S. 

Army Rock Island Arsenal requested a 

temporary deviation for the Rock Island 

Railroad and Highway Drawbridge, 

across the Upper Mississippi River, mile 

482.9, at Rock Island, Illinois to remain 

in the closed-to-navigation position for 

a two hour period from 9 a.m. until 11 

a.m. on May 18, 2013, while a run/walk 

is held between the cities of Davenport, 

IA and Rock Island, IL. The Rock Island 

Railroad and Highway Drawbridge 

currently operates in accordance with 

33 CFR 117.5, which states the general 

requirement that drawbridges shall open 

promptly and fully for the passage of 

vessels when a request to open is given 

in accordance with the subpart. 

There are no alternate routes for 

vessels transiting this section of the 

Upper Mississippi River. 

The Rock Island Railroad and 

Highway Drawbridge, in the closed-tonavigation position, provides a vertical 

clearance of 23.8 feet above normal 

pool. Navigation on the waterway 

consists primarily of commercial tows 

and recreational watercraft. This 

temporary deviation has been 

coordinated with waterway users. No 

objections were received. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the effective period of this 

temporary deviation. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 

Dated: March 1, 2013. 

Eric A. Washburn, 

Bridge Administrator, Western Rivers. 

[FR Doc. 2013–06028 Filed 3–14–13; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2012–0650; FRL–9789–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana; 

Consent Decree Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving a portion of 

Indiana’s construction permit rule for 

sources subject to the state operating 

permit program regulations at 40 CFR 

part 70. These provisions authorize the 

state to incorporate terms from Federal 

consent decrees or Federal district court 

orders into these construction permits. 

EPA is also approving public notice 

requirements for these permit actions. 

These rules will help streamline the 

process for making Federal consent 

decree and Federal district court order 

requirements permanent and Federally 

enforceable. 

DATES: This direct final rule will be 

effective May 14, 2013, unless EPA 

receives adverse comments by April 15, 

2013. 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–2012–0650, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: damico.genevieve@epa.gov. 

3. Fax: (312) 385–5501. 

4. Mail: Genevieve Damico, Chief, Air 

Permits Section, Air Programs Branch 

(AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: Genevieve Damico, 

Chief, Air Permits 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–2012– 

0650. 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 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 being addressed in this document? 

II. What are the changes that EPA is 

approving? 

III. What action is EPA taking? 

IV. Statutory and Executive Order Reviews. 

I. What is being addressed in this 

document? 

EPA is approving 326 IAC 2–7–10.5(b) 

as a revision to Indiana’s State 

Implementation Plan (SIP). This 

provision authorizes Indiana to issue 

construction permits to sources subject 

to the state operating permit program 

regulations at 40 CFR part 70 (part 70 

sources) that include requirements from 

Federal district court orders of 

adjudication and Federal consent 

decrees. Permits incorporating these 

requirements are issued to sources that 


srobinson on DSK4SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 51 / Friday, March 15, 2013 / Rules and Regulations 16413 

are subject to Title V of the Clean Air 

Act (CAA). EPA is also approving 326 

IAC 2–7–10.5(k), which requires public 

notice procedures for these permit 

revisions. 

II. What are the changes that EPA is 

approving? 

On August 9, 2012, the Indiana 

Department of Environmental 

Management (IDEM) submitted a SIP 

revision request to EPA for revisions to 

the State’s part 70 source construction 

permit rules. If approved, the first 

revision would allow provisions from 

Federal district court orders of 

adjudication and Federal consent 

decrees to be incorporated into 

construction permits issued to sources 

that are subject to title V of the CAA. 

The SIP submittal also included a 

second rule revision to include public 

notice requirements for these permitting 

actions. Indiana filed these rule 

revisions on February 6, 2012, and they 

became effective on March 8, 2012. 

The rule revision in 326 IAC 2–7– 

10.5(b) provides for the incorporation of 

control requirements and emission 

limits set forth in a Federal district court 

order that adjudicates violations or a 

Federal consent decree that is entered 

into for the purpose of resolving alleged 

violations of the following: (1) 

Prevention of significant deterioration 

provisions, (2) nonattainment new 

source review requirements, (3) Section 

112(g) and 112(j) of the CAA, or (4) 326 

IAC 20 (state rules for National 

Emission Standards for Hazardous Air 

Pollutants). 

The rule revision in 326 IAC 2–7– 

10.5(k) requires that construction 

modification approval proceedings 

under 326 IAC 2–7–10.5 provide for 

adequate opportunity for public notice 

established in 326 IAC 2–1.1.6 and 326 

IAC 2–7–17. 326 IAC 2–1.1–6 is a SIPapproved rule that contains public 

notice requirements for sources subject 

to 326 IAC Article 2. 326 IAC 2–7–17 is 

the portion of Indiana’s Federally 

approved title V program that contains 

public notice requirements for title V 

sources. 

EPA has not previously undertaken 

rulemaking on 326 IAC 2–7–10.5, but 

has determined that the provisions of 

326 IAC 2–7–10.5(b) and (k) are 

severable from other sections of that 

rule. Therefore, this approval does not 

affect the SIP approval status of the 

other portions of this rule. 

The provision in 326 IAC 2–7–10.5(b) 

allows IDEM to establish the provisions 

of Federal consent decree and Federal 

court orders as Federally enforceable 

conditions in state-issued part 70 source 

construction permits, which are permits 

issued pursuant to programs approved 

under title I of the CAA. Upon their 

inclusion in the construction permits, 

the consent decree and consent order 

provisions become ‘‘applicable 

requirements’’ under 40 CFR 70.2, and 

will become part of a source’s title V 

permit through a title V permit 

modification. Once incorporated into a 

construction permit under 326 IAC 2–7– 

10.5(b), the Federal consent decree and 

consent order provisions will become 

permanently enforceable by both IDEM 

and EPA. It should be noted, however, 

that this rule does not cause these 

requirements to be incorporated directly 

into the SIP. 

III. What action is EPA taking? 

EPA is approving Indiana’s part 70 

source construction permit rule 

provisions at 326 IAC 2–7–10.5(b) and 

326 IAC 2–7–10.5(k). 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 May 14, 2013 without further 

notice unless we receive relevant 

adverse written comments by April 15, 

2013. If we receive such comments, we 

will withdraw this action before the 

effective date by publishing a 

subsequent document that will 

withdraw the final action. All public 

comments received will then be 

addressed in a subsequent final rule 

based on the proposed action. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

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 

May 14, 2013. 

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 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 


srobinson on DSK4SPTVN1PROD with RULES
16414 Federal Register / Vol. 78, No. 51 / Friday, March 15, 2013 / Rules and Regulations 

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 May 14, 2013. 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: March 4, 2013. 

Susan Hedman, 

Regional Administrator, Region 5. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

■ 2. In § 52.770 the table in paragraph 

(c) is amended by adding a new entry 

in ‘‘Article 2. Permit Review Rules’’ for 

‘‘Rule 7. Part 70 Permit Program’’ in 

numerical order to read as follows: 

§ 52.770 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED INDIANA REGULATIONS

Indiana citation Subject 

Indiana 

effective 

date 

EPA approval date Notes 

* * * * * * * 

Article 2. Permit Review Rules 

* * * * * * * 

Rule 7. Part 70 

Permit Program: 

2–7–10.5 .......... Part 70 permits; source modifications ...... 03/7/2012 3/15/2013, [INSERT PAGE 

NUMBER WHERE THE 

DOCUMENT BEGINS] 

(b) and (k) only. 

* * * * * * * 

[FR Doc. 2013–05955 Filed 3–14–13; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA–2009–0041, Notice No. 3] 

49 CFR Part 234 

RIN 2130–AC38 

Systems for Telephonic Notification of 

Unsafe Conditions at Highway-Rail and 

Pathway Grade Crossings 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Final rule; response to petition 

for reconsideration. 

SUMMARY: This document responds to a 

petition for reconsideration of FRA’s 

final rule published on June 12, 2012, 

mandating that certain railroads 

establish and maintain systems that 

allow members of the public to call the 

railroads, using a toll-free telephone 

number, and report an emergency or 

other unsafe condition at highway-rail 

and pathway grade crossings. This 

document amends and clarifies the final 

rule. 

DATES: This final rule is effective May 

14, 2013. 

FOR FURTHER INFORMATION CONTACT: Beth 

Crawford, Transportation Specialist, 

Grade Crossing Safety and Trespass 

Prevention, Office of Safety Analysis, 

FRA, 1200 New Jersey Avenue SE., Mail 

Stop 25, Washington, DC 20590 

(telephone: 202–493–6288), 

beth.crawford@dot.gov; or Sara 

Mahmoud-Davis, Trial Attorney, Office 

of Chief Counsel, FRA, 1200 New Jersey 

Avenue SE., Mail Stop 10, Washington, 

DC 20590 (telephone: 202–366–1118), 

sara.mahmoud-davis@dot.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

This rule implements Section 205 

(Sec. 205) of the Rail Safety 

Improvement Act of 2008 (RSIA), Public 

Law 110–432, Division A, which was 

signed into law on October 16, 2008. 

Sec. 205 of the RSIA mandates that the 

Secretary of Transportation require 

certain railroad carriers (railroads) to 

take a series of specified actions related 

to setting up and using systems by 

which the public is able to notify the 

railroad by toll-free telephone number 

of safety problems at its highway-rail 

and pathway grade crossings. Such 

systems are commonly known as 

Emergency Notification Systems (ENS) 

or ENS programs. On March 4, 2011, 

FRA issued a notice of proposed 

rulemaking (NPRM) (76 FR 11992) that 

would require railroads to implement an 

ENS, through which they receive reports 

of unsafe conditions at crossings. See 76 

FR 11992. A public hearing on the 

proposal was held on September 29, 


srobinson on DSK4SPTVN1PROD with RULES