Approval and Promulgation of Implementation Plan; Indiana

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)

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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

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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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