[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]
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