[Federal Register Volume 70, Number 185 (Monday, September 26, 2005)]
[Rules and Regulations]
[Pages 56129-56132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19065]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[R05-OAR-2005-IN-0004; FRL-7972-6]


Approval and Promulgation of Implementation Plans and Designation 
of Areas for Air Quality Planning Purposes; Indiana; Lake County Sulfur 
Dioxide Regulations, Redesignation and Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
for the control of sulfur dioxide (SO<INF>2</INF>) emissions in Lake 
County, Indiana. The SIP revision submitted by the Indiana Department 
of Environmental Management (IDEM) amends 326 Indiana Administrative 
Code (IAC) Article 7. Indiana's revised SO<INF>2</INF> rule consists of 
changes to 326 IAC 7-4 which sets forth facility-specific 
SO<INF>2</INF> emission limitations and recordkeeping requirements for 
Lake County. The rule revision also reflects updates to company names, 
updates to emission limits currently in permits, deletion of facilities 
that are already covered by natural gas limits, and other corrections 
and updates. Due to changes in section numbers, references to citations 
in other parts of the rule have also been updated. EPA is also 
approving a request to redesignate the Lake County nonattainment area 
to attainment of the SO<INF>2</INF> National Ambient Air Quality 
Standards (NAAQS). In conjunction with these actions, EPA is also 
approving the maintenance plan for the Lake County nonattainment area 
to ensure that attainment of the NAAQS will be maintained. The SIP 
revision, redesignation request and maintenance plan are approvable 
because they satisfy the requirements of the Clean Air Act (Act).

DATES: This final rule is effective on October 26, 2005.

ADDRESSES: EPA has established a docket for this action under Regional 
Material in EDocket (RME) Docket ID No. R05-OAR-2005-IN-0004. All 
documents in the docket are listed in the RME index at http://docket.epa.gov/rmepub/, once in the system, select ``quick search,'' 
then key in the appropriate RME Docket identification number. 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.

[[Page 56130]]

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 
in RME or in hard copy at the Environmental Protection Agency, Region 
5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, 
Illinois 60604. We recommend that you telephone Christos Panos, 
Environmental Engineer, at (312) 353-8328 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: Christos Panos, Environmental 
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J), 
U.S. Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 353-8328. 
<a href="/cdn-cgi/l/email-protection#f9899897968ad79a918b908a8d968ab99c8998d79e968f"><span class="__cf_email__" data-cfemail="87f7e6e9e8f4a9e4eff5eef4f3e8f4c7e2f7e6a9e0e8f1">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplemental information 
section is arranged as follows:

I. What Is the Background for This Action?
II. What Comments Did We Receive on the Proposed Action?
III. What Action Is EPA Taking Today?
IV. Statutory and Executive Order Reviews

I. What Is the Background for This Action?

    On July 29, 2005 (70 FR 43820) EPA proposed to approve into the 
Indiana SIP SO<INF>2</INF> emission limitations applicable in Lake 
County, Indiana. Specifically, EPA proposed to approve amendments to 
rules 326 IAC 7-1.1-1, 326 IAC 7-1.1-2, 326 IAC 7-2-1, and newly 
created 326 IAC 7-4.1. The revised rules were adopted by the Indiana 
Air Pollution Control Board on March 2, 2005, and were submitted by 
IDEM to EPA on April 8, 2005. IDEM submitted a supplement to its 
submission on July 6, 2005, indicating that the revised rules became 
effective June 24, 2005, and were published in the Indiana Register on 
July 1, 2005. EPA proposed to approve the SO<INF>2</INF> redesignation 
request submitted by the State of Indiana on June 21, 2005 to 
redesignate the Lake County SO<INF>2</INF> nonattainment area to 
attainment of the SO<INF>2</INF> NAAQS. IDEM submitted a supplement to 
its submission on August 11, 2005, indicating that the State's public 
comment period concluded on July 29, 2005, and that no comments were 
received. Finally, EPA proposed to approve the maintenance plan 
submitted for this area.
    EPA proposed this action because the State's submittal for the Lake 
County SO<INF>2</INF> nonattainment area met the requirements of the 
Act. The revised rules amend SO<INF>2</INF> requirements for many 
sources in the nonattainment area, and reflect a reduction of over 
30,000 tons of SO<INF>2</INF> per year of allowable emissions compared 
to the emission limits in the previously approved 1989 SIP. The SIP 
revision provides for attainment and maintenance of the SO<INF>2</INF> 
NAAQS and satisfies the requirements of part D of the Act applicable to 
SO<INF>2</INF> nonattainment areas. Further, EPA proposed to approve 
the maintenance plan and redesignation of the Lake County 
SO<INF>2</INF> nonattainment area to attainment because the State has 
met the redesignation and maintenance plan requirements of the Act. A 
more detailed explanation of how the State's submittal meets these 
requirements is contained in our July 29, 2005 proposal.

II. What Comments Did We Receive on the Proposed Action?

    EPA provided a 30-day review and comment period on the proposal 
published in the Federal Register on July 29, 2005 (70 FR 43820). We 
received no comments on our proposed rulemaking.

III. What Action Is EPA Taking Today?

    EPA is approving the SIP revision for the control of SO<INF>2</INF> 
emissions in Lake County, Indiana, as requested by the State on April 
8, 2005, and supplemented on July 6, 2005. The revision consists of the 
amended rule at 326 Indiana Administrative Code (IAC) Article 7. In 
this rule, the requirements in the Table in 326 IAC 7-4-1.1 have been 
divided into separate sections for each facility for clarity and ease 
of future rule actions. The new rule, 326 IAC 7-4.1, replaces 326 IAC 
7-4-1.1, which will be repealed. Because the State has complied with 
the requirements of section 107(d)(3)(E) of the Act, EPA is also 
approving the redesignation of the Lake County nonattainment area to 
attainment of the SO<INF>2</INF> NAAQS, as requested by the State on 
June 21, 2005. In conjunction with these actions, EPA is also approving 
Indiana's maintenance plan for the Lake County SO<INF>2</INF> 
nonattainment area as a SIP revision because it meets the requirements 
of section 175A of the Act.

IV. 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 Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    Because it is not a ``significant regulatory action'' under 
Executive Order 12866 or a ``significant energy action,'' 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.

[[Page 56131]]

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 SIP 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 SIP 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. EPA will submit a report containing this rule 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 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 November 25, 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

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements, Sulfur oxides.

40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.

    Dated: September 13, 2005.
Bharat Mathur,
Acting Regional Administrator, Region 5.

0
For the reasons stated in the preamble, part 52, chapter I, of 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)(172) to read as 
follows:


Sec.  52.770  Identification of plan.

* * * * *
    (c) * * *
    (172) On April 8, 2005, and as supplemented on July 6, 2005, 
Indiana submitted a State Implementation Plan (SIP) revision for the 
control of sulfur dioxide (SO<INF>2</INF>) emissions in Lake County, 
Indiana. The SIP revision submitted by the Indiana Department of 
Environmental Management (IDEM) amends 326 Indiana Administrative Code 
(IAC) Article 7. Indiana's revised SO<INF>2</INF> rule consists of 
changes to 326 IAC 7-4 which sets forth facility-specific 
SO<INF>2</INF> emission limitations and recordkeeping requirements for 
Lake County. The rule revision also reflects updates to company names, 
updates to emission limits currently in permits, deletion of facilities 
that are already covered by natural gas limits, and other corrections 
and updates. Due to changes in section numbers, references to citations 
in other parts of the rule have also been updated.
    (i) Incorporation by reference.
    (A) Amendments to Indiana Administrative Code Title 326: Air 
Pollution Control Board, Article 7 SULFUR DIOXIDE RULES, Rule 1.1 
Sulfur Dioxide Emission Limitations, sections 326 IAC 7-1.1-1, 
``Applicability'', 326 IAC 7-1.1-2 ``Sulfur Dioxide Emission 
Limitations'', and 326 IAC 7-2-1 ``Reporting Requirements: Methods to 
Determine Compliance''; newly created 326 IAC 7-4.1, ``Lake County 
Sulfur Dioxide Emission Limitations'', adopted by the Indiana Air 
Pollution Control Board on March 2, 2005. Filed with the Secretary of 
State May 25, 2005, effective June 24, 2005.

0
3. Section 52.795 is amended by adding a new paragraph (h) to read as 
follows:


Sec.  52.795  Control strategy: sulfur dioxide.

* * * * *
    (h) Approval--On June 21, 2005, and as supplemented on August 11, 
2005, the State of Indiana submitted a request to redesignate the Lake 
County sulfur dioxide (SO<INF>2</INF>) nonattainment area to attainment 
of the NAAQS. In its submittal, the State also requested that EPA 
approve the maintenance plan for the area into the Indiana 
SO<INF>2</INF> SIP. The redesignation request and maintenance plan 
satisfy all applicable requirements of the Clean Air Act.

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
1. The authority citation for part 81 continues to read as follows:

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

0
2. Section 81.315 is amended by revising the entry for Lake County in 
the table entitled ``Indiana--SO<INF>2</INF>'' to read as follows:


Sec.  81.315  Indiana.

* * * * *

[[Page 56132]]



                                                  Indiana--SO2
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                                                  Does not meet   Does not meet                    Better than
                Designated area                      primary        secondary       Cannot be        national
                                                    standards       standards      classified       standards
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                                                 * * * * * * * *
Lake County....................................  ..............  ..............  ..............               X
 
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[FR Doc. 05-19065 Filed 9-23-05; 8:45 am]
BILLING CODE 6560-50-P


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