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55664 Federal Register / Vol. 72, No.

189 / Monday, October 1, 2007 / Rules and Regulations

EPA-APPROVED ALABAMA REGULATIONS—Continued


State effective
State citation Title/subject EPA approval date Explanation
date

335–3–5–.12 ................................ CAIR SO2 Allowance Transfers .. 04/03/07 10/01/07 [Insert citation of
publication].
335–3–5–.13 ................................ Monitoring and Reporting ............ 04/03/07 10/01/07 [Insert citation of
publication].
335–3–5–.14 ................................ CAIR SO2 Opt-In Units ................ 04/03/07 10/01/07 [Insert citation of
publication].

* * * * * * *

Chapter 335–3–8—Control of Nitrogen Oxide Emissions

* * * * * * *
335–3–8–.05 ................................ NOX Budget Trading Program .... 04/03/07 10/01/07 [Insert citation of
publication].

* * * * * * *
335–3–8–.10 ................................ NOX Allowance Tracking System 04/03/07 10/01/07 [Insert citation of
publication].

* * * * * * *
335–3–8–.16 ................................ CAIR NOX Annual Budget Trad- 04/03/07 10/01/07 [Insert citation of
ing Program. publication].
335–3–8–.17 ................................ CAIR Designated Representative 04/03/07 10/01/07 [Insert citation of
for CAIR NOX Sources. publication].
335–3–8–.18 ................................ CAIR Permits ............................... 04/03/07 10/01/07 [Insert citation of
publication].
335–3–8–.20 ................................ CAIR NOX Allowance Allocations 04/03/07 10/01/07 [Insert citation of
publication].
335–3–8–.21 ................................ CAIR NOX Allowance Tracking 04/03/07 10/01/07 [Insert citation of
System. publication].
335–3–8–.23 ................................ CAIR Monitoring and Reporting .. 04/03/07 10/01/07 [Insert citation of
publication].
335–3–8–.24 ................................ CAIR NOX Opt-In Units ............... 04/03/07 10/01/07 [Insert citation of
publication].
335–3–8–.25 ................................ CAIR NOX Ozone Season Trad- 04/03/07 10/01/07 [Insert citation of
ing Program. publication].
335–3–8–.26 ................................ CAIR Designated Representative 04/03/07 10/01/07 [Insert citation of
for CAIR NOX Ozone Season publication].
Sources.
335–3–8–.27 ................................ CAIR NOX Ozone Season Per- 04/03/07 10/01/07 [Insert citation of
mits. publication].
335–3–8–.29 ................................ CAIR NOX Ozone Season Allow- 04/03/07 10/01/07 [Insert citation of
ance Allocations. publication].
335–3–8–.30 ................................ CAIR NOX Ozone Season Allow- 04/03/07 10/01/07 [Insert citation of
ance Tracking System. publication].
335–3–8–.32 ................................ CAIR NOX Ozone Season Moni- 04/03/07 10/01/07 [Insert citation of
toring and Reporting. publication].
335–3–8–.33 ................................ CAIR NOX Ozone Season Opt-In 04/03/07 10/01/07 [Insert citation of
Units. publication].

* * * * * * *

* * * * * ENVIRONMENTAL PROTECTION SUMMARY: The EPA is approving


[FR Doc. E7–19352 Filed 9–28–07; 8:45 am] AGENCY Indiana’s oxides of nitrogen (NOX) rules
BILLING CODE 6560–50–P which satisfy the requirements of EPA’s
40 CFR Part 52 NOX SIP Call Phase II Rule (the Phase
II Rule). EPA is approving these
[EPA–R05–OAR–2006–0540; FRL–8472–4] regulations based on Indiana’s
demonstration that they will result in
Approval and Promulgation of Air the achievement of the Phase II budget
Quality Implementation Plans; Indiana; through source compliance with rules
Oxides of Nitrogen Regulations, Phase affecting stationary internal combustion
II (IC) engines which are identified in the
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AGENCY: Environmental Protection NOX plan submittal. Limiting NOX


Agency (EPA). emissions from IC engines will enable
the State to meet the Phase II
ACTION: Final rule.
incremental difference of 4,244 tons

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Federal Register / Vol. 72, No. 189 / Monday, October 1, 2007 / Rules and Regulations 55665

during the ozone season, thereby 21604). The State has shown, through Executive Order 13211: Actions
improving air quality and protecting the its budget demonstration, that it can Concerning Regulations That
health of Indiana citizens. EPA is also achieve the Phase II budget increment Significantly Affect Energy Supply,
approving other changes to Indiana’s through source compliance with the Distribution, or Use
NOX rules. These are minor clerical State’s rules affecting IC engines and the
corrections and changes in definitions State’s permitting program. Meeting the Because it is not a ‘‘significant
made by Indiana to conform to the Phase II budget increment and the Phase regulatory action’’ under Executive
revisions made by EPA in the Phase II I increment means the State will meet Order 12866 or a ‘‘significant regulatory
Rule. its total overall ozone season NOX action,’’ this action is also not subject to
budget and bring about reductions in Executive Order 13211, Actions
DATES: This final rule is effective on
ozone concentrations in the State and Concerning Regulations That
October 31, 2007.
downwind from Indiana. Significantly ‘‘Affect Energy Supply,
ADDRESSES: EPA has established a Distribution, or Use’’ (66 FR 28355, May
docket for this action under Docket ID EPA is also approving other changes
to Indiana’s NOX SIP. These other 22, 2001).
No. EPA–R05–OAR–2006–0540. All
documents in the docket are listed on changes are minor clerical corrections Regulatory Flexibility Act
the www.regulations.gov Web site. and changes in definitions to conform to
the changes made by EPA in the NOX This action merely approves state law
Although listed in the index, some
Phase II Rule. as meeting federal requirements and
information is not publicly available,
imposes no additional requirements
i.e., Confidential Business Information II. Is my IC engine subject to these beyond those imposed by state law.
(CBI) or other information whose regulations? Accordingly, the Administrator certifies
disclosure is restricted by statute.
New rule 326 IAC 10–5 applies to any that this rule will not have a significant
Certain other material, such as
person who owns or operates a large economic impact on a substantial
copyrighted material, is not placed on
stationary reciprocating IC engine or number of small entities under the
the Internet and will be publicly
other smaller stationary IC engines that Regulatory Flexibility Act (5 U.S.C. 601
available only in hard copy form.
are included in a compliance plan. A et seq.).
Publicly available docket materials are
available either electronically through large IC engine is defined as an engine Unfunded Mandates Reform Act
www.regulations.gov or in hard copy at that emits more than one ton of NOX per
the Environmental Protection Agency, ozone season day, based on operation Because this rule approves pre-
Region 5, Air and Radiation Division, 77 during the 1995 ozone season. Pipeline existing requirements under state law
West Jackson Boulevard, Chicago, energy companies are the major users of and does not impose any additional
Illinois 60604. This facility is open from large IC engines and the State developed enforceable duty beyond that required
8:30 a.m. to 4:30 p.m., Monday through its budget demonstration based on by state law, it does not contain any
Friday, excluding Federal holidays. We control of engines used in this energy unfunded mandate or significantly or
recommend that you telephone John transport industry. uniquely affect small governments, as
Paskevicz, Engineer, at (312) 886–6084 described in the Unfunded Mandates
III. Why is the Indiana IC engine
before visiting the Region 5 office. Reform Act of 1995 (Pub. L. 104–4).
program approvable?
FOR FURTHER INFORMATION CONTACT: John The Indiana IC engine program is Executive Order 13175: Consultation
Paskevicz, Engineer, Criteria Pollutant approvable because implementation of and Coordination With Indian Tribal
Section, Air Programs Branch (AR–18J), the program will result in reduction of Governments
Environmental Protection Agency, NOX and meet the cap in emissions for
Region 5, 77 West Jackson Boulevard, This rule also does not have tribal
units in this source category. The implications because it will not have a
Chicago, Illinois 60604, (312) 886–6084, Indiana program meets the Phase II
paskevicz.john@epa.gov. substantial direct effect on one or more
incremental difference of 4,244 tons per Indian tribes, on the relationship
SUPPLEMENTARY INFORMATION: ozone season, as specified in the April between the Federal Government and
Throughout this document whenever 21, 2004 Federal Register (69 FR Indian tribes, or on the distribution of
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 21604). power and responsibilities between the
EPA. This supplementary information The minor amendments to 326 IAC Federal Government and Indian tribes,
section is arranged as follows: 10–3 and 326 IAC 10–4 are also as specified by Executive Order 13175
I. What action is being taken by EPA? approvable as they clarify regulatory (65 FR 67249, November 9, 2000).
II. Is my IC engine subject to these language and correct various clerical
regulations? errors. They also incorporate changes Executive Order 13132: Federalism
III. Why is the Indiana IC engine program applicable to EGUs and non-EGUs,
approvable? This action also does not have
made in accordance with EPA’s Phase II Federalism implications because it does
IV. Statutory and Executive Order Reviews Rule, including the definitions of not have substantial direct effects on the
I. What action is being taken by EPA? ‘‘EGU’’ and ‘‘non-EGU’’ as applied to co- states, on the relationship between the
generation units. national government and the states, or
We are approving the Phase II Rule,
submitted by Indiana on March 8, 2006 IV. Statutory and Executive Order on the distribution of power and
and supplemented on June 22, 2006, to Reviews responsibilities among the various
control NOX emissions from IC engines levels of government, as specified in
Executive Order 12866: Regulatory Executive Order 13132 (64 FR 43255,
in Indiana. EPA proposed to approve
Planning and Review August 10, 1999). This action merely
the Phase II Rule on May 30, 2007 (72
FR 29897), and received no comments. Under Executive Order 12866 (58 FR approves a state rule implementing a
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Indiana’s Phase II Rule is consistent 51735, October 4, 1993), this action is federal standard, and does not alter the
with the NOX SIP Call Technical not a ‘‘significant regulatory action’’ and relationship or the distribution of power
Amendments published in the Federal therefore is not subject to review by the and responsibilities established in the
Register dated April 21, 2004, (69 FR Office of Management and Budget. Clean Air Act (CAA).

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55666 Federal Register / Vol. 72, No. 189 / Monday, October 1, 2007 / Rules and Regulations

Executive Order 13045: Protection of shall not postpone the effectiveness of 27, 2006, effective February 26, 2006.
Children From Environmental Health such rule or action. This action may not Published in the Indiana Register on
and Safety Risks be challenged later in proceedings to March 1, 2006 (29 IR 1877).
This rule also is not subject to enforce its requirements. (See Section (C) Title 326: Air Pollution Control
Executive Order 13045 ‘‘Protection of 307(b)(2).) Board, Article 10: Nitrogen Oxides
Children from Environmental Health Rules, Rule 5: Nitrogen Oxide Reduction
List of Subjects in 40 CFR Part 52
Risks and Safety Risks’’ (62 FR 19885, Program for Internal Combustion
April 23, 1997), because it is not Environmental protection, Air Engines (ICE). Filed with the Secretary
economically significant. pollution control, Incorporation by of State on January 27, 2006, effective
reference, Intergovernmental relations, February 26, 2006. Published in the
National Technology Transfer Nitrogen dioxide, Ozone, Particulate Indiana Register on March 1, 2006 (29
Advancement Act matter, Reporting and recordkeeping IR 1899).
In reviewing SIP submissions, EPA’s requirements.
[FR Doc. E7–19217 Filed 9–28–07; 8:45 am]
role is to approve state choices, Dated: September 17, 2007. BILLING CODE 6560–50–P
provided that they meet the criteria of Walter W. Kovalick, Jr.,
the CAA. In this context, in the absence Acting Regional Administrator, Region 5.
of a prior existing requirement for the ENVIRONMENTAL PROTECTION
state to use voluntary consensus ■ For the reasons stated in the preamble,
part 52, chapter I, of title 40 of the Code AGENCY
standards (VCS), EPA has no authority
to disapprove a SIP submission for of Federal Regulations is amended as
40 CFR Parts 52 and 97
failure to use VCS. It would thus be follows:
[EPA–R02–OAR–2007–0233; FRL–8472–5]
inconsistent with applicable law for PART 52—[AMENDED]
EPA, when it reviews a SIP submission, Approval and Promulgation of
to use VCS in place of a SIP submission ■ 1. The authority citation for part 52 Implementation Plans; New Jersey:
that otherwise satisfies the provisions of continues to read as follows: Clean Air Interstate Rule
the CAA. Thus, the requirements of Authority: 42 U.S.C. 7401 et seq.
Section 12(d) of the National AGENCY: Environmental Protection
Technology Transfer and Advancement Subpart P—Indiana Agency (EPA).
Act of 1995 (15 U.S.C. 272 note) do not ACTION: Final rule.
apply. ■ 2. Section 52.770 is amended by
adding paragraph (c)(184) to read as SUMMARY: EPA is taking final action to
Paperwork Reduction Act follows: approve a revision to New Jersey’s State
This rule does not impose an Implementation Plan (SIP) submitted on
§ 52.770 Identification of plan.
information collection burden under the February 6, 2007, and subsequently
provisions of the Paperwork Reduction * * * * * revised on July 9, 2007. This revision
Act of 1995 (44 U.S.C. 3501 et seq.). (c) * * * incorporates provisions related to the
(184) Indiana Department of implementation of EPA’s Clean Air
Congressional Review Act Environmental Management submitted Interstate Rule (CAIR), and the CAIR
The Congressional Review Act, 5 amendments to the State Federal Implementation Plan (CAIR FIP)
U.S.C. 801 et seq., as added by the Small Implementation Plan to control nitrogen concerning SO2, NOX annual, NOX
Business Regulatory Enforcement oxide emissions from internal ozone season emissions for the State of
Fairness Act of 1996, generally provides combustion engines in 326 Indiana New Jersey. The SIP revision that EPA
that before a rule may take effect, the Administrative Code (IAC) 10–5 and is fully approving is an ‘‘abbreviated’’
agency promulgating the rule must corrections to 326 IAC 10–3–3 and 326 SIP revision that addresses the
submit a rule report, which includes a IAC 10–4 on March 8, 2006. methodology to be used to allocate
copy of the rule, to each House of the (i) Incorporation by reference. The annual and ozone season NOX
Congress and to the Comptroller General following sections of the Indiana allowances under the CAIR FIPs. The
of the United States. EPA will submit a Administrative Code (IAC) are SIP revision that EPA is approving will
report containing this rule and other incorporated by reference. also satisfy New Jersey’s 110(a)(2)(D)(i)
required information to the U.S. Senate, (A) Title 326: Air Pollution Control
obligations to submit a SIP revision that
the U.S. House of Representatives, and Board, Article 10: Nitrogen Oxides
contains adequate provisions to prohibit
the Comptroller General of the United Rules, Rule 3: Nitrogen Oxide Reduction
air emissions from adversely affecting
States prior to publication of the rule in Program for Specific Source Categories,
another state’s air quality through
the Federal Register. A major rule Section 3: Emissions limits. Filed with
interstate transport. EPA is not making
cannot take effect until 60 days after it the Secretary of State on January 27,
any changes to the CAIR FIP, but is
is published in the Federal Register. 2006, effective February 26, 2006.
amending the appropriate appendices in
This action is not a ‘‘major rule’’ as Published in the Indiana Register on
the CAIR FIP trading rules simply to
defined by 5 U.S.C. 804(2). March 1, 2006 (29 IR 1876).
note approval of New Jersey’s SIP
Under Section 307(b)(1) of the CAA, (B) Title 326: Air Pollution Control
revision.
petitions for judicial review of this Board, Article 10: Nitrogen Oxides
action must be filed in the United States Rules, Rule 4: Nitrogen Oxides Budget DATES: This rule is effective on October
Court of Appeals for the appropriate Trading Program, Section 1: 31, 2007.
circuit by November 30, 2007. Filing a Applicability, Section 2: Definitions, ADDRESSES: EPA has established a
petition for reconsideration by the Section 3: Retired unit exemption, docket for this action under Docket ID
Administrator of this final rule does not Section 9: NOX allowance allocations, No. EPA–R02–OAR–2007–0233. All
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affect the finality of this rule for the Section 13: Individual opt-ins, Section documents in the docket are available
purposes of judicial review nor does it 14: NOX allowance banking, and Section online at http://www.regulations.gov.
extend the time within which a petition 15: Compliance supplement pool. Filed Although listed in the index, some
for judicial review may be filed, and with the Secretary of State on January information is not publicly available,

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