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29588 Federal Register / Vol. 71, No.

99 / Tuesday, May 23, 2006 / Rules and Regulations

or go to: http://www.archives.gov/federal- • Hand Delivery: John M. Mooney, www.regulations.gov or in hard copy at


register/cfr/ibr-locations.html. Chief, Criteria Pollutant Section, Air the Environmental Protection Agency,
Issued in Burlington, Massachusetts, on Programs Branch, (AR–18J), U.S. Region 5, Air and Radiation Division, 77
May 15, 2006. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago,
Rober J. Ganley, West Jackson Boulevard, Chicago, Illinois 60604. This Facility is open
Acting Manager, Engine and Propeller Illinois 60604. Such deliveries are only from 8:30 a.m. to 4:30 p.m., Monday
Directorate, Aircraft Certification Service. accepted during the Regional Office’s through Friday, excluding legal
[FR Doc. 06–4713 Filed 5–22–06; 8:45 am] normal hours of operation, and special holidays. We recommend that you
BILLING CODE 4910–13–P
arrangements should be made for telephone Matt Rau, Environmental
deliveries of boxed information. The Engineer, at (312) 886–6524 before
Regional Office’s official hours of visiting the Region 5 office.
business are Monday through Friday, SUPPLEMENTARY INFORMATION:
ENVIRONMENTAL PROTECTION
8:30 a.m. to 4:30 p.m. excluding Federal Throughout this document whenever
AGENCY
holidays. ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
40 CFR Part 52 Instructions: Direct your comments to EPA. This supplementary information
Docket ID No. EPA–R05–OAR–2006–
[EPA–R05–OAR–2006–0002; FRL–8166–9]
section is arranged as follows:
0002. EPA’s policy is that all comments
received will be included in the public I. What Should I Consider as I Prepare My
Approval and Promulgation of Air docket without change and may be Comments for EPA?
Quality Implementation Plans; Indiana II. What Is EPA Approving?
made available online at http://
III. What Is EPA’s Analysis of the Supporting
AGENCY: Environmental Protection www.regulations.gov, including any Materials?
Agency (EPA). personal information provided, unless IV. What are the Environmental Effects of
the comment includes information These Actions?
ACTION: Direct final rule.
claimed to be Confidential Business V. What Action is EPA Taking Today?
SUMMARY: EPA is approving revisions to Information (CBI) or other information VI. Statutory and Executive Order Reviews.
the Indiana particulate matter (PM10) whose disclosure is restricted by statute.
State Implementation Plan (SIP). These Do not submit information that you I. What Should I Consider as I Prepare
revisions are for sources at the ASF consider to be CBI or otherwise My Comments for EPA?
Keystone, Inc. (Keystone) coil spring protected through http:// A. Submitting CBI. Do not submit this
manufacturing facility in Lake County, www.regulations.gov or e-mail. The information to EPA through http://
Indiana. On December 15, 2005, Indiana www.regulations.gov Web site is an www.regulations.gov or e-mail. Clearly
requested revisions that will increase ‘‘anonymous access’’ system, which mark the part or all of the information
the PM10 emission limit for one unit and means EPA will not know your identity
that you claim to be CBI. For CBI
reduce the limits for two units. The or contact information unless you
information in a disk or CD ROM that
changes result in a net decrease of 1.77 provide it in the body of your comment.
you mail to EPA, mark the outside of the
pounds PM10 per hour (lb/hr) in the If you send an e-mail comment directly
disk or CD ROM as CBI and then
allowable emissions. The emission to EPA without going through http://
identify electronically within the disk or
limits for a fourth unit that has shut www.regulations.gov your e-mail
CD ROM the specific information that is
down were also removed. Indiana also address will be automatically captured
claimed as CBI. In addition to one
requested removing the process weight and included as part of the comment
complete version of the comment that
rate limits and using lb/hr as the short- that is placed in the public docket and
includes information claimed as CBI, a
term emission limit. The maximum made available on the Internet. If you
copy of the comment that does not
permissible PM10 emissions will not submit an electronic comment, EPA
recommends that you include your contain the information claimed as CBI
increase after removing the process must be submitted for inclusion in the
weight rate limits because of the net name and other contact information in
the body of your comment and with any public docket. Information so marked
decrease in short-term emission limits. will not be disclosed except in
disk or CD–ROM you submit. If EPA
DATES: This direct final rule will be
cannot read your comment due to accordance with procedures set forth in
effective July 24, 2006, unless EPA technical difficulties and cannot contact 40 CFR part 2.
receives adverse comments by June 22, you for clarification, EPA may not be B. Tips for Preparing Your Comments.
2006. If adverse comments are received, able to consider your comment. When submitting comments, remember
EPA will publish a timely withdrawal of Electronic files should avoid the use of to:
the direct final rule in the Federal special characters, any form of • Identify the rulemaking by docket
Register informing the public that the encryption, and be free of any defects or number and other identifying
rule will not take effect. viruses. For additional instructions on information (subject heading, Federal
ADDRESSES: Submit your comments, submitting comments, go to Section I of Register date and page number).
identified by Docket ID No. EPA–R05– the SUPPLEMENTARY INFORMATION section • Explain why you agree or disagree;
OAR–2006–0002, by one of the of this document. suggest alternatives and substitute
following methods: Docket: All documents in the docket language for your requested changes.
• http://www.regulations.gov: Follow are listed in the www.regulations.gov • Describe any assumptions and
the on-line instructions for submitting index. Although listed in the index, provide any technical information and/
comments. some information is not publicly or data that you used.
• E-mail: mooney.john@epa.gov. available, e.g., CBI or other information • If you estimate potential costs or
• Fax: (312)886–5824.
dsatterwhite on PROD1PC76 with RULES

whose disclosure is restricted by statute. burdens, explain how you arrived at


• Mail: John M. Mooney, Chief, Certain other material, such as your estimate in sufficient detail to
Criteria Pollutant Section, Air Programs copyrighted material, will be publicly allow for it to be reproduced.
Branch, (AR–18J), U.S. Environmental available only in hard copy. Publicly • Provide specific examples to
Protection Agency, 77 West Jackson available docket materials are available illustrate your concerns, and suggest
Boulevard, Chicago, Illinois 60604. either electronically in http:// alternatives.

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Federal Register / Vol. 71, No. 99 / Tuesday, May 23, 2006 / Rules and Regulations 29589

• Explain your views as clearly as Indiana held public hearings on June period. Any parties interested in
possible, avoiding the use of profanity 1, 2005 and on August 3, 2005. No commenting on this action should do so
or personal threats. public comments were received during at this time. If we do not receive any
• Make sure to submit your the comment periods including at the comments, this action will be effective
comments by the comment period public hearings. July 24, 2006.
deadline identified.
IV. What Are the Environmental Effects VI. Statutory and Executive Order
II. What Is EPA Approving? of These Actions? Reviews
EPA is approving PM10 emission limit Scientists have correlated exposure to Executive Order 12866; Regulatory
revisions for four units at the Keystone PM10 with increased hospitalizations for Planning and Review
facility. The limit on the small coil asthma attacks, worsening of lung
manufacturing unit increases from 0.02 Under Executive Order 12866 (58 FR
disease, chronic bronchitis, and heart
to 1.05 lb/hr. The limits on the medium 51735, October 4, 1993), this action is
damage. Particulate exposure can
and large coil lines are cut in half. The not a ‘‘significant regulatory action’’ and
increase respiratory symptoms such as
medium coil unit limit drops from 2.10 therefore is not subject to review by the
irritation of the airways, coughing, and
to 1.05 lb/hr. The limit on the large coil Office of Management and Budget.
difficulty breathing. In addition to these
unit is reduced from 3.50 to 1.75 lb/hr. human health effects, particulate matter Executive Order 13211: Actions That
A net PM10 limit decrease of 1.77 lb/hr is the main cause of haze which Significantly Affect Energy Supply,
results from these revisions. The limit decreases visibility. Particulate Distribution, or Use
on the miscellaneous coil eventually settles on land or water Because it is not a ‘‘significant
manufacturing unit, 1.05 lb/hr, is also which can acidify lakes, deplete the regulatory action’’ under Executive
removed because the unit no longer nutrients in soil, and damage sensitive Order 12866 or a ‘‘significant energy
operates. The revised PM10 emission forests and agricultural crops. No action,’’ this action is also not subject to
limits better reflect the actual emissions adverse impact from PM10 emissions are Executive Order 13211, ‘‘Actions
from these units. EPA is also removing anticipated from the Keystone revisions Concerning Regulations That
the process weight rate emission limits because of a net decrease in PM10 Significantly Affect Energy Supply,
for the four units. The small coil unit emission limits. Distribution, or Use’’ (66 FR 28355, May
limit of 0.014 lb/T and the limits of
V. What Action Is EPA Taking Today? 22, 2001).
0.700 lb/T for the other three units are
being deleted. EPA is approving revisions to the Regulatory Flexibility Act
PM10 limits for sources at a Lake This action merely approves state law
III. What Is EPA’s Analysis of the County, Indiana steel coil manufacturer.
Supporting Materials? as meeting Federal requirements and
The revisions result in a net reduction
imposes no additional requirements
The emission limit revisions to the in the PM10 emission limits. The limit
beyond those imposed by state law.
coil manufacturing units can be for the small coil manufacturing unit is
Accordingly, the Administrator certifies
modeled as volume sources. Each unit increased while the limits for the
that this rule will not have a significant
is controlled by an electrostatic medium and large coil units are
economic impact on a substantial
precipitator that exhausts inside the decreased. The emission limits for the
number of small entities under the
plant. Rooftop vents release the air from miscellaneous coil manufacturing are
Regulatory Flexibility Act (5 U.S.C. 601
inside the plant to the outside. Indiana removed because the unit was
et seq.).
stated that no modeling is needed. EPA eliminated. EPA also removed the
agrees with Indiana because the PM10 process weight rate emission limits for Unfunded Mandates Reform Act
emissions from all units combine in all four units. The PM10 emissions from Because this rule approves pre-
Keystone’s building prior to being the units are vented inside the Keystone existing requirements under state law
released into the ambient air. The net plant. No adverse impact on ambient air and does not impose any additional
limit reduction means the maximum is expected because the revisions cause enforceable duty beyond that required
impact will not increase. a net reduction in PM10 emission limits. by state law, it does not contain any
Indiana also provided the maximum We are publishing this action without unfunded mandate or significantly or
production rates for the coil prior proposal because we view this as uniquely affect small governments, as
manufacturing units. The peak rate for a noncontroversial amendment and described in the Unfunded Mandates
the small coil line is 1.5 tons per hour anticipate no adverse comments. Reform Act of 1995 (Pub. L. 104–4).
(T/hr). The maximum production rate is However, in the proposed rules section
3 T/hr for the medium coil line and 5 of this Federal Register publication, we Executive Order 13175 Consultation
T/hr for the large coil line. The short- are publishing a separate document that and Coordination With Indian Tribal
term emission limits being replaced will serve as the proposal to approve the Governments
equal the process weight rate limit at state plan if relevant adverse written This rule also does not have tribal
these maximum production rates. Thus, comments are filed. This rule will be implications because it will not have a
Keystone would not be able to emit up effective July 24, 2006 without further substantial direct effect on one or more
to the new limit of 1.05 lb/hr on the notice unless we receive relevant Indian tribes, on the relationship
small coil manufacturing unit because adverse written comments by June 22, between the Federal Government and
the process weight rate limit would 2006. If we receive such comments, we Indian tribes, or on the distribution of
restrict emissions to only 0.02 lb/hr. The will withdraw this action before the power and responsibilities between the
lower short-term limits on medium and effective date by publishing a Federal Government and Indian tribes,
dsatterwhite on PROD1PC76 with RULES

large coil manufacturing units are more subsequent document that will as specified by Executive Order 13175
restrictive than the process weight rate withdraw the final action. All public (59 FR 22951, November 9, 2000).
limits for these two units. The net comments received will then be
decrease in short-term PM10 emission addressed in a subsequent final rule Executive Order 13132 Federalism
limits will reduce the overall maximum based on the proposed action. The EPA This action also does not have
emissions from this facility. will not institute a second comment Federalism implications because it does

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29590 Federal Register / Vol. 71, No. 99 / Tuesday, May 23, 2006 / Rules and Regulations

not have substantial direct effects on the is published in the Federal Register. Requirements, Section 4: ASF Keystone,
states, on the relationship between the This action is not a ‘‘major rule’’ as Inc.-Hammond. Filed with the Secretary
national government and the states, or defined by 5 U.S.C. 804(2). of State on October 20, 2005 and
on the distribution of power and Under section 307(b)(1) of the Clean effective November 19, 2005. Published
responsibilities among the various Air Act, petitions for judicial review of in 29 Indiana Register 794 on December
levels of government, as specified in this action must be filed in the United 1, 2005.
Executive Order 13132 (64 FR 43255, States Court of Appeals for the
[FR Doc. 06–4765 Filed 5–22–06; 8:45 am]
August 10, 1999). This action merely appropriate circuit by July 24, 2006.
BILLING CODE 6560–50–P
approves a state rule implementing a Filing a petition for reconsideration by
federal standard, and does not alter the the Administrator of this final rule does
relationship or the distribution of power not affect the finality of this rule for the
and responsibilities established in the purposes of judicial review nor does it DEPARTMENT OF HEALTH AND
Clean Air Act. extend the time within which a petition HUMAN SERVICES
for judicial review may be filed, and
Executive Order 13045 Protection of Administration for Children and
shall not postpone the effectiveness of
Children From Environmental Health Families
such rule or action. This action may not
and Safety Risks be challenged later in proceedings to
This rule also is not subject to 45 CFR Part 303
enforce its requirements. (See section
Executive Order 13045 ‘‘Protection of 307(b)(2).) RIN 0970–AC19
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885, List of Subjects in 40 CFR Part 52 Child Support Enforcement Program;
April 23, 1997), because it is not Environmental protection, Air Reasonable Quantitative Standard for
economically significant. pollution control, Incorporation by Review and Adjustment of Child
reference, Intergovernmental relations, Support Orders
National Technology Transfer
Particulate matter. AGENCY: Office of Child Support
Advancement Act
Dated: April 20, 2006. Enforcement (OCSE), Health and
In reviewing SIP submissions, EPA’s
role is to approve state choices, Norman Niedergang, Human Services (HHS).
provided that they meet the criteria of Acting Regional Administrator, Region 5. ACTION: Final rule.
the Clean Air Act. In this context, in the ■ For the reasons stated in the preamble,
SUMMARY: This rule finalizes without
absence of a prior existing requirement part 52, chapter I, of title 40 of the Code
change the provisions of the Interim
for the state to use voluntary consensus of Federal Regulations is amended as
Final Rule published on December 28,
standards (VCS), EPA has no authority follows:
2004 and responds to public comments
to disapprove a SIP submission for received as a result of the interim final
failure to use VCS. It would thus be PART 52—[AMENDED]
rule. The rule permits States to use a
inconsistent with applicable law for ■ 1. The authority citation for part 52 reasonable quantitative standard to
EPA, when it reviews a SIP submission, continues to read as follows: determine whether or not to proceed
to use VCS in place of a SIP submission with an adjustment of an existing child
Authority: 42 U.S.C. 7401 et seq.
that otherwise satisfies the provisions of support award amount after conducting
the Clean Air Act. Thus, the Subpart P—Indiana a review of the order, regardless of the
requirements of section 12(d) of the method of review used.
National Technology Transfer and ■ 2. Section 52.770 is amended by DATES: These regulations are effective
Advancement Act of 1995 (15 U.S.C. adding paragraph (c)(175) to read as May 23, 2006.
272 note) do not apply. follows:
FOR FURTHER INFORMATION CONTACT:
Paperwork Reduction Act § 52.770 Identification of plan. Paige Biava, Division of Policy, OCSE,
This rule does not impose an * * * * * 202–401–5635, e-mail:
information collection burden under the (c) * * * phbiava@acf.hhs.gov. Deaf and hearing-
provisions of the Paperwork Reduction (175) On December 15, 2005, Indiana impaired individuals may call the
Act of 1995 (44 U.S.C. 3501 et seq.). submitted revised particulate matter Federal Dual Party Relay Service at 1–
(PM10) regulations for ASF Keystone, 800–877–8339 between 8 a.m. and 7
Congressional Review Act Inc. in Lake County. The emission limit p.m. eastern time.
The Congressional Review Act, 5 for the small coil manufacturing unit is SUPPLEMENTARY INFORMATION:
U.S.C. 801 et seq., as added by the Small increased while the limits for the
Business Regulatory Enforcement Statutory Authority
medium and large coil manufacturing
Fairness Act of 1996, generally provides units are decreased. The result of these The provisions of this regulation
that before a rule may take effect, the revisions is a net decrease in PM10 pertaining to review and adjustment of
agency promulgating the rule must emission limits. The emission limits for child support orders are published
submit a rule report, which includes a miscellaneous coil manufacturing are under the authority granted to the
copy of the rule, to each House of the removed because the unit no longer Secretary by section 466(a) of the Social
Congress and to the Comptroller General operates. EPA also removed the process Security Act (the Act), 42 U.S.C. 666(a).
of the United States. EPA will submit a weight rate emission limits for the four Section 466(a) requires each State to
report containing this rule and other units. have in effect laws requiring the use of
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required information to the U.S. Senate, (i) Incorporation by reference. specified procedures, consistent with
the U.S. House of Representatives, and (A) Indiana Administrative Code Title this section of the Act and regulations
the Comptroller General of the United 326: Air Pollution Control Board, of the Secretary, to increase the
States prior to publication of the rule in Article 6.8: Particulate Matter effectiveness of the Child Support
the Federal Register. A major rule Limitations for Lake County, Rule 2: Enforcement program. Review and
cannot take effect until 60 days after it Lake County: PM10 Emission adjustment of support orders at section

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