Professional Documents
Culture Documents
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56130 Federal Register / Vol. 70, No. 185 / Monday, September 26, 2005 / Rules and Regulations
Certain other material, such as SO2 nonattainment area met the Executive Order 13211: Actions
copyrighted material, is not placed on requirements of the Act. The revised Concerning Regulations That
the Internet and will be publicly rules amend SO2 requirements for many Significantly Affect Energy Supply,
available only in hard copy form. sources in the nonattainment area, and Distribution, or Use
Publicly available docket materials are reflect a reduction of over 30,000 tons
available either electronically in RME or of SO2 per year of allowable emissions Because it is not a ‘‘significant
in hard copy at the Environmental compared to the emission limits in the regulatory action’’ under Executive
Protection Agency, Region 5, Air and previously approved 1989 SIP. The SIP Order 12866 or a ‘‘significant energy
Radiation Division, 77 West Jackson revision provides for attainment and action,’’ this action is also not subject to
Boulevard, Chicago, Illinois 60604. We maintenance of the SO2 NAAQS and Executive Order 13211, ‘‘Actions
recommend that you telephone Christos satisfies the requirements of part D of Concerning Regulations That
Panos, Environmental Engineer, at (312) the Act applicable to SO2 nonattainment Significantly Affect Energy Supply,
353–8328 before visiting the Region 5 areas. Further, EPA proposed to approve Distribution, or Use’’ (66 FR 28355, May
office. This Facility is open from 8:30 the maintenance plan and redesignation 22, 2001).
a.m. to 4:30 p.m., Monday through of the Lake County SO2 nonattainment Regulatory Flexibility Act
Friday, excluding legal holidays. area to attainment because the State has
FOR FURTHER INFORMATION CONTACT: met the redesignation and maintenance This action merely approves state law
Christos Panos, Environmental plan requirements of the Act. A more as meeting federal requirements and
Engineer, Criteria Pollutant Section, Air detailed explanation of how the State’s imposes no additional requirements
Programs Branch (AR–18J), U.S. submittal meets these requirements is beyond those imposed by state law.
Environmental Protection Agency, contained in our July 29, 2005 proposal. Accordingly, the Administrator certifies
Region 5, 77 West Jackson Boulevard, that this rule will not have a significant
Chicago, Illinois 60604, (312) 353–8328. II. What Comments Did We Receive on economic impact on a substantial
panos.christos@epa.gov. the Proposed Action? number of small entities under the
SUPPLEMENTARY INFORMATION: EPA provided a 30-day review and Regulatory Flexibility Act (5 U.S.C. 601
Throughout this document whenever comment period on the proposal et seq.).
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean published in the Federal Register on Unfunded Mandates Reform Act
EPA. This supplemental information July 29, 2005 (70 FR 43820). We
section is arranged as follows: received no comments on our proposed Because this rule approves pre-
I. What Is the Background for This Action? rulemaking. existing requirements under state law
II. What Comments Did We Receive on the and does not impose any additional
III. What Action Is EPA Taking Today?
Proposed Action? enforceable duty beyond that required
III. What Action Is EPA Taking Today? EPA is approving the SIP revision for by state law, it does not contain any
IV. Statutory and Executive Order Reviews the control of SO2 emissions in Lake unfunded mandate or significantly or
County, Indiana, as requested by the uniquely affect small governments, as
I. What Is the Background for This
State on April 8, 2005, and described in the Unfunded Mandates
Action?
supplemented on July 6, 2005. The Reform Act of 1995 (Pub. L. 104–4).
On July 29, 2005 (70 FR 43820) EPA revision consists of the amended rule at
proposed to approve into the Indiana 326 Indiana Administrative Code (IAC) Executive Order 13175: Consultation
SIP SO2 emission limitations applicable Article 7. In this rule, the requirements and Coordination With Indian Tribal
in Lake County, Indiana. Specifically, in the Table in 326 IAC 7–4–1.1 have Governments
EPA proposed to approve amendments been divided into separate sections for This rule also does not have tribal
to rules 326 IAC 7–1.1–1, 326 IAC 7– each facility for clarity and ease of implications because it will not have a
1.1–2, 326 IAC 7–2–1, and newly future rule actions. The new rule, 326
created 326 IAC 7–4.1. The revised rules substantial direct effect on one or more
IAC 7–4.1, replaces 326 IAC 7–4–1.1, Indian tribes, on the relationship
were adopted by the Indiana Air which will be repealed. Because the
Pollution Control Board on March 2, between the Federal Government and
State has complied with the Indian tribes, or on the distribution of
2005, and were submitted by IDEM to requirements of section 107(d)(3)(E) of
EPA on April 8, 2005. IDEM submitted power and responsibilities between the
the Act, EPA is also approving the Federal Government and Indian tribes,
a supplement to its submission on July redesignation of the Lake County
6, 2005, indicating that the revised rules as specified by Executive Order 13175
nonattainment area to attainment of the (65 FR 67249, November 9, 2000).
became effective June 24, 2005, and SO2 NAAQS, as requested by the State
were published in the Indiana Register on June 21, 2005. In conjunction with Executive Order 13132: Federalism
on July 1, 2005. EPA proposed to these actions, EPA is also approving
approve the SO2 redesignation request This action also does not have
Indiana’s maintenance plan for the Lake Federalism implications because it does
submitted by the State of Indiana on County SO2 nonattainment area as a SIP
June 21, 2005 to redesignate the Lake not have substantial direct effects on the
revision because it meets the states, on the relationship between the
County SO2 nonattainment area to requirements of section 175A of the Act.
attainment of the SO2 NAAQS. IDEM national government and the states, or
submitted a supplement to its IV. Statutory and Executive Order on the distribution of power and
submission on August 11, 2005, Reviews responsibilities among the various
indicating that the State’s public levels of government, as specified in
Executive Order 12866: Regulatory Executive Order 13132 (64 FR 43255,
comment period concluded on July 29,
Planning and Review August 10, 1999). This action merely
2005, and that no comments were
received. Finally, EPA proposed to Under Executive Order 12866 (58 FR approves a state rule implementing a
approve the maintenance plan 51735, October 4, 1993), this action is federal standard, and does not alter the
submitted for this area. not a ‘‘significant regulatory action’’ and relationship or the distribution of power
EPA proposed this action because the therefore is not subject to review by the and responsibilities established in the
State’s submittal for the Lake County Office of Management and Budget. Clean Air Act.
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Federal Register / Vol. 70, No. 185 / Monday, September 26, 2005 / Rules and Regulations 56131
Executive Order 13045: Protection of appropriate circuit by November 25, County. The rule revision also reflects
Children From Environmental Health 2005. Filing a petition for updates to company names, updates to
and Safety Risks reconsideration by the Administrator of emission limits currently in permits,
This rule also is not subject to this final rule does not affect the finality deletion of facilities that are already
Executive Order 13045 ‘‘Protection of of this rule for the purposes of judicial covered by natural gas limits, and other
Children from Environmental Health review nor does it extend the time corrections and updates. Due to changes
Risks and Safety Risks’’ (62 FR 19885, within which a petition for judicial in section numbers, references to
April 23, 1997), because it is not review may be filed, and shall not citations in other parts of the rule have
economically significant. postpone the effectiveness of such rule also been updated.
or action. This action may not be (i) Incorporation by reference.
National Technology Transfer challenged later in proceedings to
Advancement Act (A) Amendments to Indiana
enforce its requirements. (See Section
Administrative Code Title 326: Air
In reviewing SIP submissions, EPA’s 307(b)(2).)
Pollution Control Board, Article 7
role is to approve state choices, List of Subjects SULFUR DIOXIDE RULES, Rule 1.1
provided that they meet the criteria of
40 CFR Part 52 Sulfur Dioxide Emission Limitations,
the Clean Air Act. In this context, in the
sections 326 IAC 7–1.1–1,
absence of a prior existing requirement Environmental protection, Air ‘‘Applicability’’, 326 IAC 7–1.1–2
for the state to use voluntary consensus pollution control, Incorporation by ‘‘Sulfur Dioxide Emission Limitations’’,
standards (VCS), EPA has no authority reference, Intergovernmental relations, and 326 IAC 7–2–1 ‘‘Reporting
to disapprove a SIP submission for Reporting and recordkeeping Requirements: Methods to Determine
failure to use VCS. It would thus be requirements, Sulfur oxides. Compliance’’; newly created 326 IAC 7–
inconsistent with applicable law for
EPA, when it reviews a SIP submission, 40 CFR Part 81 4.1, ‘‘Lake County Sulfur Dioxide
to use VCS in place of a SIP submission Emission Limitations’’, adopted by the
Air pollution control, National parks, Indiana Air Pollution Control Board on
that otherwise satisfies the provisions of Wilderness areas.
the Clean Air Act. Thus, the March 2, 2005. Filed with the Secretary
Dated: September 13, 2005. of State May 25, 2005, effective June 24,
requirements of section 12(d) of the
Bharat Mathur, 2005.
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. Acting Regional Administrator, Region 5.
■ 3. Section 52.795 is amended by
272 note) do not apply. ■ For the reasons stated in the preamble, adding a new paragraph (h) to read as
part 52, chapter I, of title 40 of the Code follows:
Paperwork Reduction Act of Federal Regulations is amended as
This rule does not impose an follows: § 52.795 Control strategy: sulfur dioxide.
information collection burden under the * * * * *
provisions of the Paperwork Reduction PART 52—[AMENDED]
(h) Approval—On June 21, 2005, and
Act of 1995 (44 U.S.C. 3501 et seq.). ■ 1. The authority citation for part 52 as supplemented on August 11, 2005,
Congressional Review Act continues to read as follows: the State of Indiana submitted a request
Authority: 42 U.S.C. 7401 et seq. to redesignate the Lake County sulfur
The Congressional Review Act, 5
dioxide (SO2) nonattainment area to
U.S.C. 801 et seq., as added by the Small
Subpart P—Indiana attainment of the NAAQS. In its
Business Regulatory Enforcement
submittal, the State also requested that
Fairness Act of 1996, generally provides ■ 2. Section 52.770 is amended by EPA approve the maintenance plan for
that before a rule may take effect, the adding paragraph (c)(172) to read as the area into the Indiana SO2 SIP. The
agency promulgating the rule must follows: redesignation request and maintenance
submit a rule report, which includes a
§ 52.770 Identification of plan. plan satisfy all applicable requirements
copy of the rule, to each House of the
of the Clean Air Act.
Congress and to the Comptroller General * * * * *
of the United States. EPA will submit a (c) * * * PART 81—DESIGNATION OF AREAS
report containing this rule and other (172) On April 8, 2005, and as FOR AIR QUALITY PLANNING
required information to the U.S. Senate, supplemented on July 6, 2005, Indiana PURPOSES
the U.S. House of Representatives, and submitted a State Implementation Plan
the Comptroller General of the United (SIP) revision for the control of sulfur
■ 1. The authority citation for part 81
States prior to publication of the rule in dioxide (SO2) emissions in Lake County,
continues to read as follows:
the Federal Register. A major rule Indiana. The SIP revision submitted by
cannot take effect until 60 days after it the Indiana Department of Authority: 42 U.S.C. 7401 et seq.
is published in the Federal Register. Environmental Management (IDEM) ■ 2. Section 81.315 is amended by
This action is not a ‘‘major rule’’ as amends 326 Indiana Administrative revising the entry for Lake County in the
defined by 5 U.S.C. 804(2). Code (IAC) Article 7. Indiana’s revised table entitled ‘‘Indiana—SO2’’ to read as
Under Section 307(b)(1) of the Clean SO2 rule consists of changes to 326 IAC follows:
Air Act, petitions for judicial review of 7–4 which sets forth facility-specific
this action must be filed in the United SO2 emission limitations and § 81.315 Indiana.
States Court of Appeals for the recordkeeping requirements for Lake * * * * *
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56132 Federal Register / Vol. 70, No. 185 / Monday, September 26, 2005 / Rules and Regulations
INDIANA—SO2
Does not meet Does not meet Better than
Cannot be
Designated area primary secondary national
classified
standards standards standards
* * * * * * * *
Lake County ..................................................................................................... ........................ ........................ ........................ X
* * * * * * * *
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