[Federal Register Volume 59, Number 180 (Monday, September 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23107]


[[Page Unknown]]

[Federal Register: September 19, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[IN 12-3-5958a; FRL 5071-7]

 

Approval and Promulgation of Implementation Plans; Indiana

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The United States Environmental Protection Agency (USEPA) is 
approving an April 18, 1994 State request for a site-specific revision 
to the Indiana sulfur dioxide State Implementation Plan (SO2 SIP). 
This revision sets forth a schedule of SO2 emission limitations 
applicable to Public Service Indiana's Gibson Generating Station (PSI 
Gibson) if the facility installs SO2 emission controls. In the 
proposed rules section of this Federal Register, USEPA is proposing 
approval of and soliciting public comment on this requested SIP 
revision. If adverse comments are received on this direct final rule, 
USEPA will withdraw this final rule and address the comments received 
in response to this final rule in a final rule on the related proposed 
rule which is being published in the proposed rules section of this 
Federal Register.

DATES: This final rule will be effective November 18, 1994 unless an 
adverse comment is received by October 19, 1994. If the effective date 
is delayed, timely notice will be published in the Federal Register.

ADDRESSES: Written comments should be addressed to: J. Elmer Bortzer, 
Chief, Regulation Development Section, Regulation Development Branch 
(AR-18J), United States Environmental Protection Agency, Region 5, 77 
West Jackson Boulevard, Chicago, Illinois 60604.
    Copies of the State's submittal and other information are available 
for inspection during normal business hours at the following location: 
Air and Radiation Division, Regulation Development Section, Regulation 
Development Branch, United States Environmental Protection Agency, 
Region 5, 77 West Jackson Boulevard, Chicago, Illinois.
    A copy of the SIP revision is located at the following address: 
Office of Air and Radiation (OAR) Docket and Information Center (Air 
Docket 6102), Room M1500, U.S. Environmental Protection Agency, 401 M 
Street, SW., Washington, DC 20460, (202) 260-7548.

FOR FURTHER INFORMATION CONTACT: Mary Onischak, Regulation Development 
Branch, Regulation Development Section, (AR-18J), United States 
Environmental Protection Agency, Region 5, Chicago, Illinois 60604, 
(312) 353-5954.

SUPPLEMENTARY INFORMATION:

I. Introduction

    At the request of PSI Gibson, Indiana has revised the facility's 
SO2 emission limits, which are codified by the State at 326 
Indiana Administrative Code (326 IAC) 7-4-12.1 (Gibson County Sulfur 
Dioxide Emission Limitations), and submitted this rule to USEPA as a 
site-specific SO2 SIP revision. The revision provides the facility 
with two options for implementing SO2 emission reduction measures 
that will ensure protection of the SO2 National Ambient Air 
Quality Standards (NAAQS). The first emission reduction option in 326 
IAC 7-4-12.1 was approved as 326 IAC 7-1-19 by USEPA on January 19, 
1989 (54 FR 2112). This rulemaking action is based on USEPA's review of 
the emission limits in the second option.

II. Background

    Indiana's SO2 SIP for Gibson County, which is part of Title 
326 of the Indiana Administrative Code (326 IAC), specifically 326 IAC 
7-1-19, was approved by USEPA for incorporation into the SIP on January 
19, 1989 (54 FR 2112). It set forth a schedule of emission limitations 
for PSI Gibson whereby the facility's SO2 emissions would decrease 
to protect the primary SO2 NAAQS by December 31, 1991, and then 
over several years would decrease further to protect the secondary 
SO2 standard. The facility was to comply with these emission 
limits by burning low sulfur coal in Units 1-4. The rule allowed PSI 
Gibson to consider alternate compliance strategies and request a set of 
alternate emission limits, if necessary. PSI Gibson was required to 
submit a plan to Indiana by December 31, 1988, detailing the compliance 
path it intended to follow.
    In 1988, PSI Gibson submitted a compliance plan to Indiana which 
requested an alternate emission limitation schedule. In this approach, 
PSI Gibson would install and operate a flue gas desulfurization system 
on Unit 4 to control SO2 emissions. This alternate schedule would 
allow PSI Gibson to emit much less SO2 from Unit 4 but slightly 
more SO2 from Units 1-3 than is allowed under the existing SIP 
approved rule. On August 7, 1990, Indiana adopted a new SO2 rule 
for Gibson County to incorporate PSI Gibson's compliance plan. Since 
PSI Gibson needed additional time to consider the cost-effectiveness of 
both compliance paths, Indiana's revision to 326 IAC 7-4-12.1 included 
both the previously approved emission reduction schedule and the new 
plan's schedule, and provided that PSI Gibson must make a final choice 
of a compliance path by a specified date. PSI Gibson has chosen to 
comply with the emission limits in the second scenario.
    326 IAC 7-4-12.1 was originally submitted to USEPA as a site-
specific SIP revision on July 22, 1991. Upon the State's June 29, 1993 
request, USEPA deferred rulemaking on the July 22, 1991 submittal. On 
April 18, 1994, Indiana submitted to USEPA supplemental information 
pertaining to the modeled attainment demonstration and reactivated the 
SIP revision request.

III. Emission Limitations

    The emission reduction schedules for PSI Gibson Units 1-5, which 
are set forth in 326 IAC 7-4-12.1(b), are summarized below. All 
emission limits are in units of pounds SO2 per million British 
Thermal Units (lb/MMBTU). The emission reduction schedule in 326 IAC 7-
4-12.1(b)(1), shown in the first column below, contains the same limits 
and deadlines as those set forth in 326 IAC 7-1-19 and approved by 
USEPA on January 19, 1989 (54 FR 2112). PSI Gibson would use low sulfur 
coal in Units 1-4 to comply with the limits in this scenario. The 
second column below presents the new emission limits in the April 18, 
1994 site-specific SIP submission. These limits are codified in 
Indiana's rules as 326 IAC 7-4-12.1(b)(2). PSI Gibson must install a 
flue gas desulfurization (FGD) system on Unit 4 and use low sulfur coal 
in Units 1-3 to comply under this scenario.
    The limits in the first column have already been approved by USEPA. 
The emission limitation schedule in the second column does not 
automatically replace the existing schedule; rather, the two scenarios 
currently reside in Indiana's rules as a choice of compliance 
procedures for PSI Gibson. Note that the two emission reduction 
schedules are identical except for the emission limits PSI Gibson's 
Units 1-4 must meet by December 31, 1995.

Emission Limitations (lb/MMBTU) Under 326 IAC 7-4-12.1 (b)(1) and (b)(2)
------------------------------------------------------------------------
                                                       (1)Low           
                                                       sulfur    (2)FGD 
                                                        coal     on unit
                                                        only        4   
------------------------------------------------------------------------
Units 1, 2, and 3:                                                      
  Beginning January 1, 1992.........................      3.57      3.57
  No later than December 31, 1993...................      3.13      3.13
  No later than December 31, 1995...................      2.7       3.19
Unit 4:                                                                 
  Beginning January 1, 1992.........................      3.57      3.57
  No later than December 31, 1993...................      3.13      3.13
  No later than December 31, 1995...................      2.7       0.60
Unit 5:                                                                 
  Beginning January 1, 1992.........................      1.2       1.2 
  24-hour average (New Source Performance Standard).      1.10      1.10
  No later than December 31, 1995...................      1.10      1.10
------------------------------------------------------------------------

    USEPA also notes that the rule is a SIP-strengthening measure, 
since the new emission limits in the April 18, 1994 submittal represent 
a decrease in total SO2 emissions from what is required under the 
current SIP.

IV. Modeling Issues

    The State is required to submit a modeled attainment demonstration 
to show that the emission limits set forth in 326 IAC 7-4-12.1(b)(2) 
will provide for attainment and maintenance of the NAAQS. The 
dispersion modeling information within the original July 22, 1991 
submittal contained issues of some initial concern to USEPA in that the 
modeler for the PSI Gibson SIP revision may not have used the most 
current version of the Industrial Source Complex (ISC) model to 
demonstrate that the new Gibson County limits would protect the NAAQS. 
USEPA evaluated supplementary information submitted on April 18, 1994, 
and determined that PSI Gibson's modeling results indicated that an 
appropriate refined dispersion model was used. Because PSI Gibson's 
modeling was performed according to USEPA guidance which has since been 
revised, USEPA is accepting the modeled attainment demonstration for 
the April 18, 1994 submittal under its grandfathering policy.\1\
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    \1\USEPA's grandfathering guidance is described in a June 27, 
1988, memorandum from the Director of the Office of Air Quality 
Planning and Standards to the Regional Air Division Directors.
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    Grandfathering is neither mandatory nor automatic, and USEPA wishes 
to make clear that its acceptance of the modeling analysis in the April 
18, 1994 submittal will not apply to any other analysis of Gibson 
County to support any future regulatory action. Future SIP revision 
requests submitted to USEPA must demonstrate attainment of the NAAQS 
through modeling performed in accordance with current USEPA modeling 
guidance.
    This SIP revision currently complies with USEPA's 1985 stack height 
regulations. It should be noted, however, that on January 22, 1988, the 
U.S. Court of Appeals for the D.C. Circuit remanded to USEPA the 
exemptions for boilers originally designed to vent from common stacks. 
If USEPA's response on the remand modifies the applicable provision, 
then USEPA will notify the State of the need to reexamine the Gibson 
County SO2 emission limits for consistency with the modified 
provision.

V. Rulemaking Action and Solicitation of Public Comment

    For the reasons discussed above, USEPA is approving 326 IAC 7-4-
12.1 (Gibson County Sulfur Dioxide Emission Limitations). This rule 
affects only the PSI Gibson facility. It sets forth two emission 
reduction schedules to limit the facility's SO2 emissions. PSI 
Gibson has chosen to comply with the second emission schedule, which 
requires the use of an additional flue gas desulfurization system and 
will result in lower total SO2 emissions than would the first 
reduction schedule. The emission limits in 326 IAC 7-4-12.1 have been 
shown to protect the SO2 NAAQS.
    The USEPA is publishing this action without prior proposal because 
USEPA views this as a noncontroversial amendment and anticipates no 
adverse comments. However, in a separate document in this Federal 
Register publication, the USEPA is proposing to approve the requested 
SIP revision should adverse or critical comments be filed. This action 
will be effective on November 18, 1994 unless adverse or critical 
comments are received by October 19, 1994.
    If the USEPA receives such comments, this action will be withdrawn 
before the effective date by the publication of a subsequent rule that 
withdraws this final action. All public comments received will then 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 November 18, 1994.
    This action has been classified as a Table 2 action by the Regional 
Administrator under the procedures published in the Federal Register on 
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993 
memorandum from Michael H. Shapiro, Acting Assistant Administrator for 
Air and Radiation. The OMB has exempted this regulatory action from 
Executive Order 12866 review.
    Nothing in this action should be construed as permitting or 
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.
    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.
    The SIP approvals under section 110 and subchapter I, part D of the 
Clean Air 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, I certify 
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 Clean Air Act, preparation of a regulatory flexibility 
analysis would constitute federal inquiry into the economic 
reasonableness of State action. The Clean Air Act forbids USEPA to base 
its actions concerning SIPs on such grounds. Union Electric Co. v. 
USEPA, 427 U.S. 246, 256-66 (1976).
    Under Section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by November 18, 1994. 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

    Air pollution control, Incorporation by reference, Sulfur oxides.

    Note: Incorporation by reference of the State Implementation 
Plan for the State of Indiana was approved by the Director of the 
Federal Register on July 1, 1982.

    Authority: 42 U.S.C. 7401-7671q.

    Dated: September 2, 1994.
David A. Ullrich,
Acting Regional Administrator.
    Part 52, chapter I, subpart P, 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)(89) to read as 
follows:


Sec. 52.770  Identification of plan.

* * * * *
    (c) * * *
    (89) On July 22, 1991, as supplemented on April 18, 1994, the State 
submitted regulations adopted by the Indiana Air Pollution Control 
Board as part of Title 326 of the Indiana Administrative Code for 
incorporation into the Indiana sulfur dioxide State Implementation 
Plan.
    (i) Incorporation by reference.
    (A) 326 Indiana Administrative Code 7-4-12.1: Gibson County sulfur 
dioxide emission limitations; effective December 5, 1990. Published in 
the Indiana Register, Volume 14, Number 3, December 1, 1990.
[FR Doc. 94-23107 Filed 9-16-94; 8:45 am]
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