[Federal Register Volume 77, Number 41 (Thursday, March 1, 2012)]
[Rules and Regulations]
[Pages 12482-12484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4970]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2010-0100; FRL-9641-8]
Approval and Promulgation of Air Quality Implementation Plans;
Indiana; Lead Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving a request submitted by the Indiana Department
of Environmental Management (IDEM) on November 24, 2010, to revise the
Indiana State Implementation Plan (SIP) for lead (Pb) under the Clean
Air Act (CAA). This submittal incorporates the National Ambient Air
Quality Standards (NAAQS) for Pb promulgated by EPA in 2008.
DATES: This direct final rule will be effective April 30, 2012, unless
EPA receives adverse comments by April 2, 2012. If adverse comments are
received, EPA will publish a timely withdrawal of the direct final rule
in the Federal Register informing the public that the rule will not
take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2010-0100 by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: [email protected].
3. Fax: (312)408-2279.
4. Mail: Douglas Aburano, Chief, Attainment Planning and
Maintenance Section, (AR-18J), U.S. Environmental Protection Agency, 77
West Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Douglas Aburano, Chief, Attainment Planning and
Maintenance Section (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-
2010-0100. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
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 www.regulations.gov or email. The
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 email comment
directly to EPA without going through www.regulations.gov your email
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
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 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 Federal holidays.
We recommend that you telephone Andy Chang, Environmental Engineer, at
(312) 886-0258 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Andy Chang, Environmental Engineer,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-0258, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. Background
A. When and why did the State make this submittal?
B. Did the State hold public hearings for this submittal?
II. What is EPA's analysis of IDEM's submittal?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. Background
A. When and why did the State make this submittal?
The November 24, 2010 submittal incorporates the current primary
and secondary NAAQS for Pb, which were published in the Federal
Register on November 12, 2008 (73 FR 66964) and codified at 40 CFR
50.16, ``National primary and secondary ambient air quality standards
for lead.'' At the State level, these provisions became effective on
October 24, 2010.
IDEM submitted the revisions to EPA for incorporation into the
Indiana SIP to ensure consistency between the State and Federal
definitions of the Pb NAAQS, as well as in the determination of
attainment of those NAAQS.
B. Did the State hold public hearings for these submittals?
A public hearing for the Pb NAAQS revision was held on June 2,
2010. No comments were received at this hearing.
II. What is EPA's analysis of IDEM's submittal?
On November 12, 2008, revisions to the Pb NAAQS were published in
the Federal Register (73 FR 66964) and codified at 40 CFR 50.16. The
primary (health-based) Pb NAAQS was strengthened to 0.15 micrograms per
cubic meter ([mu]g/m\3\), measured as a rolling 3-month average and
evaluated over a 3-year period. The secondary (welfare-based) Pb NAAQS
was revised to be identical to the primary Pb NAAQS.
Under 40 CFR 50.16(a), ambient Pb concentrations are to be measured
by either: (1) A reference method based on appendix G to 40 CFR part 50
(``Reference Method for the Determination of Lead in Suspended
[[Page 12483]]
Particulate Matter Collected From Ambient Air'') and designated in
accordance with 40 CFR part 53 (``Ambient Air Monitoring Reference and
Equivalent Methods''); or (2) an equivalent method designated in
accordance with 40 CFR part 53. In addition, under 40 CFR 50.16(b),
determinations as to whether the Pb standards have been met are to be
made in accordance with the data handling conventions and computations
in 40 CFR part 50, appendix R, ``Interpretation of the National Ambient
Air Quality Standards for Lead.''
In IDEM's November 24, 2010 submittal, the State requested that 326
Indiana Administrative Code (IAC) 1-3-4 (b)(6) be revised to reflect
EPA's revised primary and secondary Pb NAAQS. IDEM's requested
revisions are nearly identical to the provisions contained in 40 CFR
50.16. Specifically, the definition of the NAAQS, the calculations for
determining attainment of the NAAQS, and the mechanism to measure
ambient concentrations of Pb are consistent with 40 CFR 50.16.
IDEM's rule contains the primary and secondary NAAQS of 0.15 [mu]g/
m\3\, which are achieved when the maximum arithmetic 3-month mean
concentration for a 3-year period is equal to, or less than, 0.15
[mu]g/m\3\, as determined by appendix R to 40 CFR part 50. Indiana has
incorporated appendix R by reference into the SIP.
IDEM's submittal also incorporates by reference appendix G to 40
CFR part 50, which contains the data handling conventions and
computations for determining with the Pb NAAQS have been met. It should
be noted, however, that a determination of what constitutes a ``Federal
Equivalent Method'' under 40 CFR 50.16(a)(2) can only be made by the
Administrator of EPA.
Aligning State and Federal ambient air quality standards,
calculations for compliance, and ambient concentration collection
methods ensures consistency between EPA's and IDEM's Pb NAAQS;
therefore, EPA concludes that IDEM's requested revision is approvable.
III. What action is EPA taking?
EPA is approving a submittal from IDEM that incorporates the
Federally promulgated NAAQS for Pb codified at 40 CFR 50.16. Aligning
State and Federal ambient air quality standards ensures consistency
between EPA's and IDEM's Pb NAAQS.
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 April 30, 2012
without further notice unless we receive relevant adverse written
comments by April 2, 2012. 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. EPA will not institute a second comment
period; therefore, any parties interested in commenting on this action
should do so at this time. If we do not receive any comments, this
action will be effective April 30, 2012.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA 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 CAA. 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by April 30, 2012. 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the Proposed Rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
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enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Lead, Reporting and recordkeeping requirements.
Dated: February 21, 2012.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 52 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. In Sec. 52.770 the table in paragraph (c) is amended by revising
the entry for ``1-3-4'' to read as follows:
Sec. 52.770 Identification of plan.
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(c) * * *
EPA-Approved Indiana Regulations
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Indiana
Indiana citation Subject effective date EPA approval date Notes
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* * * * * * *
1-3-4.............. Ambient air quality 10/24/2010 3/1/2012, [Insert page ..................
standards. number where the document
begins].
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[FR Doc. 2012-4970 Filed 2-29-12; 8:45 am]
BILLING CODE 6560-50-P