Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Rules and Regulations 45161 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2008–0501; FRL–8698–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving a request 

submitted by the Indiana Department of 

Environmental Management (IDEM) on 

May 22, 2008, to revise the Indiana State 

Implementation Plan (SIP). The 

submission revises the Indiana 

Administrative Code (IAC) by amending 

and updating the definition of 

‘‘References to the Code of Federal 

Regulations,’’ to refer to the 2007 

edition. 

DATES: This rule is effective on October 

3, 2008, unless EPA receives adverse 

written comments by September 3, 

2008. If EPA receives adverse 

comments, EPA 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 your comments, 

identified by Docket ID No. EPA–R05–

OAR–2008–0501 by one of the following 

methods: 

• http://www.regulations.gov: Follow 

the online instructions for submitting 

comments. 

• E-mail: aburano.douglas@epa.gov. 

• Fax: (312) 886–5824. 

• Mail: John Mooney, Chief, Criteria 

Pollutant Section, Air Programs Branch 

(AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

• Hand Delivery: John Mooney, Chief, 

Criteria Pollutant 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–2008–

0501. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

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 http:// 

www.regulations.gov or e-mail. The 

http://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 e-mail comment directly 

to EPA without going through http:// 

www.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. 

Docket: All documents in the docket 

are listed in the http:// 

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 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 legal 

holidays. We recommend that you 

telephone Charles Hatten, 

Environmental Engineer, at (312) 886–

6031 before visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Charles Hatten, Environmental 

Engineer, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–6031, 

hatten.charles@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? 

A. When did the State submit the 

requested SIP revision to EPA? 

B. Did Indiana hold public hearings for this 

SIP revision? 

II. What revision did the State request be 

incorporated into the SIP? 

III. What action is EPA taking today? 

IV. Statutory and Executive Order Reviews 

I. What is the background for this 

action? 

A. When did the State submit the 

requested SIP revision to EPA? 

IDEM submitted the requested SIP 

revision on May 22, 2008. 

B. Did Indiana hold public hearings on 

this SIP revision? 

IDEM held public hearings on October 

3, 2007. IDEM did not receive any 

public comments concerning the SIP 

revision. 

II. What revision did the State request 

be incorporated into the SIP? 

The State has requested that EPA 

approve revisions to 326 IAC 1–1–3 to 

update references to the Code of Federal 

Regulations (CFR) at 326 IAC 1–1–3. 

Rule 326 IAC 1–1–3, definition of 

‘‘References to Code of Federal 

Regulations.’’ IDEM updated the 

reference to the CFR in 326 IAC 1–1–3 

from the 2006 edition to the 2007 

edition. This is solely an administrative 

change that allows Indiana to reference 

a more current version of the CFR. 

III. What action is EPA taking today? 

We are approving a revision to the 

Indiana SIP to update the definition at 

326 IAC 1–1–3, ‘‘References to the 

CFR’’, to refer to the 2007 edition. 

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 October 3, 2008 without 

further notice unless we receive relevant 

adverse written comments by September 

3, 2008. 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. The EPA 

will not institute a second comment 

period. Any parties interested in 

commenting on this action should do so 

at this time. If we do not receive any 


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45162 Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Rules and Regulations 

comments, this action will be effective 

October 3, 2008. 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act 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 Clean Air Act. 

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 Clean Air Act; 

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 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 October 3, 2008. 

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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: July 21, 2008. 

Walter W. Kovalick, Jr., 

Acting Regional Administrator, Region 5. 

■ 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] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart P—Indiana 

■ 2. Section 52.770 is amended by 

adding paragraph (c)(188) to read as 

follows: 

§ 52.770 Identification of plan. 

* * * * * 

(c) * * * 

(188) The Indiana Department of 

Environmental Management submitted a 

revision to Indiana’s State 

Implementation plan on May 22, 2008, 

to amend 326 IAC 1–1–3, ‘‘References to 

the Code of Federal Regulations’’. The 

revision to 326 IAC 1–1–3 updates the 

references to CFR from the 2006 edition 

to the 2007 edition. 

(i) Incorporation by reference. Title 

326 of the Indiana Administrative Code 

(IAC), section 1–1–3, ‘‘References to the 

Code of Federal Regulations’’ is 

incorporated by reference. The rule was 

filed with the Publisher of the Indiana 

Register on April 1, 2008, and became 

effective on May 1, 2008. Published in 

the Indiana Register, on April 30, 2008 

(DIN: 20080430–IR–32607037FRA). 

[FR Doc. E8–17703 Filed 8–1–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R06–OAR–2006–0386; FRL–8699–9] 

Approval and Promulgation of 

Implementation Plans; Texas; El Paso 

County Carbon Monoxide 

Redesignation to Attainment, and 

Approval of Maintenance Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: On February 13, 2008, the 

Texas Commission on Environmental 

Quality (TCEQ) submitted a State 

Implementation Plan (SIP) revision to 

request redesignation of the El Paso 

carbon monoxide (CO) nonattainment 

area to attainment for the CO National 

Ambient Air Quality Standard 

(NAAQS). This submittal also included 

a CO maintenance plan for the El Paso 

area and associated Motor Vehicle 

Emission Budgets (MVEBs). The 

maintenance plan was developed to 

ensure continued attainment of the CO 

NAAQS for a period of at least 10 years 

from the effective date of EPA approval 

of redesignation to attainment. In this 

action, EPA is approving the El Paso CO 

redesignation request and the 

maintenance plan with its associated 

MVEBs as satisfying the requirements of 

the Federal Clean Air Act (CAA) as 

amended in 1990. 

DATES: This rule is effective October 3, 

2008 without further notice, unless EPA 

receives relevant adverse comment by 


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