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[Federal Register Volume 62, Number 73 (Wednesday, April 16, 1997)]
[Rules and Regulations]
[Pages 18521-18523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9794]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[IN73-1a; FRL-5807-9]

Approval and Promulgation of Implementation Plan; Indiana

AGENCY: United States Environmental Protection Agency (USEPA).

ACTION: Direct final rule.

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SUMMARY: In this action, USEPA is approving a State Implementation Plan 
Revision (SIP) request submitted by the Indiana Department of 
Environmental Management (IDEM) on October 2, 1996, to eliminate 
references to total suspended particulates (TSP) while maintaining the 
existing opacity requirements. This SIP revision will also enable the 
removal of the TSP designation table for Indiana counties from 40 CFR 
81.315.

DATES: This action is effective on June 16, 1997, unless USEPA receives 
adverse or critical comments by May 16, 1997. If the effective date is 
delayed, timely notification will be published in the Federal Register.

ADDRESSES: Written comments should be mailed to: J. Elmer Bortzer, 
Chief, Regulation Development Section, Air Programs Branch (AR-18J), 
U.S. Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604.
    Copies of the State submittal and USEPA's analysis of it are 
available for inspection at: Regulation Development Section, Air 
Programs Branch (AR-18J), U.S. Environmental Protection Agency, Region 
5, 77 West Jackson Boulevard, Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT: Ryan Bahr, Environmental Engineer, 
Regulation Development Section, Air Programs Branch (AR-18J), U.S. 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 353-4366.

SUPPLEMENTARY INFORMATION:

I. Background

    On April 30, 1971, the USEPA promulgated primary and secondary 
standards for particulate matter (PM) measured as total suspended 
particulates (TSP) (36 FR 8166). On July 1, 1987 (52 FR 24633), the 
National Ambient Air Quality Standard (NAAQS)

[[Page 18522]]

for PM was revised. With this revision, the USEPA replaced TSP as the 
indicator for PM with those particulates with aerometric diameters less 
than 10 micrometers (PM-10).
    However, USEPA continued to regulate TSP for two reasons. The first 
reason is that sections 110(l) and 193 of the Clean Air Act (Act) 
prohibit relaxation of the SIP. Therefore, opacity limits which 
reference TSP have remained as part of the SIP. The second reason is 
that, at that time, the Act's statutory prevention of significant 
deterioration (PSD) increments were still defined in terms of TSP (52 
FR 24683).
    Indiana requested on November 16, 1988, (and supplemented on 
September 10, 1992) to have eight areas which were designated 
nonattainment for TSP redesignated to attainment. More specifically, 
Indiana requested that portions of each of the following counties be 
redesignated attainment for TSP: Clark, Dearborn, DuBois, Lake, Marion, 
St. Joseph, Vanderburgh, and Vigo. The USEPA proposed to approve this 
request on February 9, 1993 (58 FR 7762), on the condition that Indiana 
supplement the submittal with rule modifications ensuring that no 
relaxations of the opacity limits were going to occur upon 
redesignation. This request was disapproved April 8, 1993 (58 FR 
18161), because Indiana did not submit these supplemental materials.
    The TSP designations have remained in the CFR and have been used to 
determine PSD increments and the applicability of certain sections of 
the opacity regulations. The PM increments, used for PSD purposes, were 
replaced with increments based on PM-10 on June 3, 1993 (58 FR 31621). 
On April 3, 1996, IDEM adopted a rule which retains the opacity 
requirements of the original rule and eliminates the references to TSP 
designations. This amendment became effective July 19, 1996, and was 
submitted to the USEPA as a SIP revision request on October 2, 1996. 
The USEPA found this submittal to be complete and issued a completeness 
letter to IDEM on February 27, 1997.

II. Analysis of State Submittal

    This SIP revision request originated so that the CFR could be 
simplified by removing the TSP designations. Toward this end, the SIP 
revision request submitted October 2, 1996, eliminates references to 
TSP from 326 Indiana Administrative Code 5-1 (326 IAC 5-1) and retains 
opacity limits which are identical to those in the current SIP. 
Indiana's October 2, 1996, submittal revises 326 IAC 5-1 to simply list 
each of the current TSP nonattainment areas instead of referencing the 
TSP designations in 40 CFR 81.315; identical limits apply to these 
areas. The opacity limit which applies to all areas in Indiana not on 
the ``nonattainment'' list and not having a site or area specific limit 
is also retained.
    The main concern in making this revision is that the areas 
currently designated attainment, unclassifiable, and nonattainment for 
TSP retain their respective opacity limitations as written in the 
current SIP. Section 193 of the Act specifically states that any 
regulations which were in effect before the 1990 Clean Air Act 
Amendments can not be modified ``in any manner unless the modification 
insures equivalent or greater emissions reductions of such air 
pollutants.'' Since identical opacity limits are retained for the 
respective areas, this requirement is satisfied. Modeling was not 
required for this submittal because the requirements are as strict as 
those in the current SIP.
    One other concern is that any existing baseline dates and areas for 
determining the consumption of PSD increment remain intact. Any PM 
increment consumed since the original baseline date established for TSP 
will continue to be accounted for. This rulemaking in no way changes 
the existing framework of the PSD regulations. For more information on 
these regulations, refer to the final rule for PM PSD published June 3, 
1993 (58 FR 31621).

III. Final Rulemaking Action

    USEPA is approving the SIP revision request submitted by the State 
of Indiana on October 2, 1996. This action revises the SIP opacity 
regulation codified at 326 IAC 5-1: Opacity Limitations, Section 1: 
Applicability of Rule and Section 2: Visible emission limitations. This 
action also amends 40 CFR 81.315 by removing the table entitled 
``Indiana-TSP''. The USEPA has completed an analysis of this SIP 
revision request based on a review of the materials presented, and has 
determined it to be approvable.
    The USEPA is publishing this action without prior proposal because 
USEPA views this as a noncontroversial revision and anticipates no 
adverse comments. However, in a separate document in this Federal 
Register publication, the USEPA is proposing to approve the SIP 
revision should adverse or critical comments be filed. This action will 
be effective on June 16, 1997 unless, by May 16, 1997, adverse or 
critical comments are received.
    If the USEPA receives such comments, this action will be withdrawn 
before the effective date by publishing a subsequent rulemaking that 
will withdraw the final action. All public comments received will be 
addressed in a subsequent final rule based on this action serving as a 
proposed rule. The USEPA will not institute a second comment period on 
this action. Any parties interested in commenting on this action should 
do so at this time. If no such comments are received, the public is 
advised that this action will be effective on June 16, 1997.
    Nothing in this action should be construed as permitting, allowing 
or establishing a precedent for any future request for revision to any 
SIP. Each request for revision to the SIP shall be considered 
separately in light of specific technical, economic, and environmental 
factors and in relation to relevant statutory and regulatory 
requirements.

IV. Administrative Requirements

A. Executive Order 12866

    This action has been classified as a Table 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
July 10, 1995, memorandum from Mary D. Nichols, Assistant Administrator 
for Air and Radiation. The Office of Management and Budget has exempted 
this regulatory action from Executive Order 12866 review.

B. Regulatory Flexibility

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., USEPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, USEPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    SIP approvals under section 110 and subchapter I, part D of the 
Clean Air Act (Act) do not create any new requirements, but simply 
approve requirements that the State is already imposing. Therefore, 
because the Federal SIP approval does not impose any new requirements, 
the Administrator certifies that it does not have a significant impact 
on any small entities affected. Moreover, due to the nature of the 
Federal-State relationship under the Act, preparation of a flexibility 
analysis would constitute Federal inquiry into the economic 
reasonableness of the State action. The Act forbids USEPA to base its 
actions

[[Page 18523]]

concerning SIPs on such grounds. Union Electric Co. v. EPA., 427 U.S. 
246, 256-66 (1976); 42 U.S.C. 7410(a)(2).

C. Unfunded Mandates

    Under Section 202 of the Unfunded Mandates Reform Act of 1995, 
signed into law on March 22, 1995, USEPA must undertake various actions 
in association with any proposed or final rule that includes a Federal 
mandate that may result in estimated costs to state, local, or tribal 
governments in the aggregate; or to the private sector, of $100 million 
or more. This Federal action approves pre-existing requirements under 
state or local law, and imposes no new requirements. Accordingly, no 
additional costs to state, local, or tribal governments, or the private 
sector, result from this action.

D. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report 
containing this rule and other required information to the U.S. Senate, 
the House of Representatives and the Comptroller General of the General 
Accounting Office prior to publication of the rule in today's Federal 
Register. This rule is not a major rule as defined by 5 U.S.C. 804(2).

E. Petitions for Judicial Review

    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 16, 1997. 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, National parks, Particulate 
matter, Reporting and recordkeeping requirements, Wilderness areas.

    Dated: March 28, 1997.
Valdas V. Adamkus,
Regional Administrator.

    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]

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

    Authority: 42 U.S.C. 7401-7671q.

Subpart P--Indiana

    2. Section 52.770 is amended by adding paragraph (c)(119) to read 
as follows:

Sec. 52.770  Identification of plan.

* * * * *
    (c) * * *
    (119) Approval--On October 2, 1996, the State of Indiana submitted 
a State Implementation Plan revision request to eliminate references to 
total suspended particulates (TSP) while maintaining the existing 
opacity requirements. The SIP revision became effective July 19, 1996. 
The SIP revision request satisfies all applicable requirements of the 
Clean Air Act.
    (i) Incorporation by reference. 326 Indiana Administrative Code 5-
1: Opacity Limitations, Section 1: Applicability of Rule, Section 2: 
Visible emission limitations. Adopted by the Indiana Air Pollution 
Control Board April 3, 1996. Filed with the Secretary of State June 19, 
1996. Published at the Indiana Register, Volume 19, Number 11, August 
1, 1996 (19 IR 3049). Effective July 19, 1996.

PART 81--[AMENDED]

    1. The authority citation for part 81 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

Subpart C--[Amended]

    2. Section 81.315 is amended by removing the table entitled 
``Indiana-TSP''.

[FR Doc. 97-9794 Filed 4-15-97; 8:45 am]
BILLING CODE 6560-50-P
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