[Federal Register Volume 60, Number 115 (Thursday, June 15, 1995)]
[Rules and Regulations]
[Pages 31412-31414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14627]



-----------------------------------------------------------------------


ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[IN32-2-7011; FRL-5208-4]


Approval and Promulgation of Implementation Plans; Indiana

AGENCY: United States Environmental Protection Agency (USEPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: On March 31, 1995, the USEPA proposed approval of a State 
Implementation Plan (SIP) request for Lake County, Indiana. The request 
was submitted by the State of Indiana for the purpose of bringing about 
the attainment of the National Ambient Air Quality Standards (NAAQS) 
for particulate matter with an aerodynamic diameter less than or equal 
to a nominal 10 micrometers (PM). Public comments were solicited on the 
proposed SIP revision, and on USEPA's proposed rulemaking action. The 
public comment period ended on May 1, 1995, and no public comments were 
received. This rulemaking action approves, in final, the PM SIP 
revision request for Lake County, Indiana as requested by Indiana.

EFFECTIVE DATE: This final rule is effective on July 17, 1995.

ADDRESSES: Copies of the State's submittal, and other materials 
relating to this rulemaking are available at the following address for 
review: United States Environmental Protection Agency, Region 5, Air 
and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 
60604.
    The docket may be inspected between the hours of 8:30 a.m. and 12 
noon and from 1:30 p.m. until 3:30 p.m. Monday through Friday. A 
reasonable fee may be charged by the USEPA for copying docket material.
    A copy of this SIP revision is available for inspection at: Office 
of Air and Radiation (OAR), Docket and Information Center (Air Docket 
6102), Room 1500, U.S. Environmental Protection Agency, 401 M Street, 
S.W., Washington, D.C. 20460.

FOR FURTHER INFORMATION CONTACT: David Pohlman, Regulation Development 
Branch, Regulation Development Section (AR-18J), U.S. Environmental 
Protection Agency, Region 5, Chicago, Illinois 60604, (312) 886-3299. 
Anyone wishing to visit the Region 5 offices should first contact David 
Pohlman.

SUPPLEMENTARY INFORMATION:

Background

    Under section 107(d)(4)(B) of the Clean Air Act (Act), as amended 
on November 15, 1990 (amended Act), certain areas (``initial areas'') 
were designated nonattainment for PM. Under section 188 of the amended 
Act these initial areas were classified as ``moderate''. The initial 
areas include the Lake County, Indiana, nonattainment area. (See 40 CFR 
81.314 for a complete description of these areas.) Section 189 of the 
amended Act required State submission of a PM SIP for the initial areas 
by November 15, 1991.
    Section 110(k) of the Act sets out provisions governing USEPA's 
review of SIP submittals (see 57 FR 13565-13566). In this final rule, 
USEPA is approving the SIP revision request submitted to USEPA on June 
16, 1993, and supplemented on December 9, 1993, September 8, 1994, and 
November 17, 1994, for the Lake County nonattainment area. The 
submittal repeals rules 326 Indiana Administrative Code (IAC) 5-1-6, 6-
1-10, and 6-1-11. The submittal contains the following new or revised 
rules:

                                                                        
[[Page 31413]]
                           ``Gooseneck cap'' definition.                
326 IAC 1-2-32.1*........                                               
326 IAC 1-2-34.1*........  ``Jumper pipe'' definition.                  
326 IAC 1-2-62.1*........  ``Quench car'' definition.                   
326 IAC 1-2-63.1*........  ``Quench reservoir'' definition.             
326 IAC 1-2-63.2*........  ``Quench tower'' definition.                 
326 IAC 5-1-1*...........  Applicability of rule.                       
326 IAC 5-1-2*...........  Visible emission limitations.                
326 IAC 5-1-3*...........  Temporary exemptions.                        
326 IAC 5-1-4*...........  Compliance determination.                    
326 IAC 5-1-5*...........  Violations.                                  
326 IAC 5-1-7*...........  State implementation plan revisions.         
326 IAC 6-1-10.1 (a-k)...  Lake County PM10 emissions requirements.     
326 IAC 6-1-10.2.........  Lake County PM10 coke battery emissions      
                            requirements.                               
326 IAC 6-1-11.1.........  Lake County fugitive particulate matter      
                            control requirements.                       
326 IAC 11-3-2 (a-f and    Emission limitations.                        
 i) *.                                                                  
326 IAC 11-3-4 *.........  Compliance determination.                    
                                                                        

  While some of these rules apply strictly to Lake County, others 
(marked above with an asterisk) are intended to have state-wide 
applicability. The USEPA is approving the rules marked above with an 
asterisk for the entire state of Indiana. The other rules are being 
approved for sources in Lake County only.
    The limitations on point sources in Lake County include source-
specific emissions limits in terms of pounds per ton (lb/ton), pounds 
per hour (lbs/hr), pounds per Million British Thermal Units (lb/MMBTU), 
and grains per dry standard cubic foot (gr/dscf). There are also 
source-specific opacity limits ranging from 5-20 percent on certain 
sources in the nonattainment area. Other limitations on point sources 
include emission limits on coke ovens located in Lake County and a 
general 20 percent opacity limit for all sources in the nonattainment 
area. Limitations on sources of fugitive emissions in Lake County 
include a 10 percent opacity limit for paved roads and parking lots, 
unpaved roads and parking lots, and wind erosion from storage piles.
    Indiana also submitted air quality modeling which shows that the 
Lake County PM nonattainment area will attain the 24-hour PM standard. 
The highest sixth high predicted 24-hour concentration is 149.9 
g/m3 (the 24-hour PM standard is 150 g/m3). 
The final modeling also predicts attainment of the annual PM standard. 
The highest 5-year average predicted PM concentration is 47.7 
g/m3 (the standard is 50 g/m3). In 
addition, a preliminary review of the available monitored air quality 
data for the Lake County area shows that this area is attaining the 
NAAQS.
    The USEPA proposed approval of and solicited public comments on 
this SIP revision request on March 31, 1995. The public comment period 
ended on May 1, 1995, and no comments were received.

Final Rulemaking Action

    The USEPA is approving the plan revision submitted to USEPA by the 
State of Indiana on June 16, 1993, and supplemented on December 9, 
1993, September 8, 1994, and November 17, 1994, for the Lake County PM 
nonattainment area. Among other things, the State of Indiana has 
demonstrated through modeling that the Lake County moderate PM 
nonattainment area will attain the PM NAAQS. In addition, a preliminary 
review of the monitored air quality data for the Lake County area shows 
that this area is attaining the NAAQS.
    This action has been classified as a Table 3 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 any SIP shall be 
considered separately in light of specific technical, economic, and 
environmental factors and in relation to relevant statutory and 
regulatory requirements.
    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 August 14, 1995. 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) of the Act.)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: May 8, 1995.
David A. Ullrich,
Acting Regional Administrator.

    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)(99) to read as 
follows:


Sec. 52.770  Identification of plan.

* * * * *
    (c)* * *
    (99) On June 16, 1993, December 9, 1993, September 8, 1994, and 
November 17, 1994, Indiana submitted a part D particulate matter (PM) 
nonattainment area plan for the Lake County moderate nonattainment 
area.
    (i) Incorporation by reference.
    (A) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 1: General Provisions, Rule 2: Definitions, Section 
32.1: ``Gooseneck cap'' definition, Section 34.1: ``Jumper pipe'' 
definition, Section 62.1: ``Quench car'' definition, Section 63.1: 
``Quench reservoir'' definition, and Section 63.2: ``Quench tower'' 
definition. Added at 16 Indiana Register 2363, effective June 11, 1993.
    (B) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 5: Opacity Regulations, Rule 1: Opacity Limitations, 
Section 1: Applicability of rule, Section 2: Visible emissions 
limitations, Section 3: [[Page 31414]] Temporary exemptions, Section 4: 
Compliance determination, Section 5: Violations, and Section 7: State 
implementation plan revisions. Amended at 16 Indiana Register 2363, 
effective June 11, 1993.
    (C) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 6: Particulate Rules, Rule 1: Nonattainment Area 
Limitations, Opacity Limitations, Section 10.1: Lake County PM10 
emissions requirements (subsections a through k), Section 10.2: Lake 
County PM10 coke battery emissions requirements, and Section 11.1: Lake 
County fugitive particulate matter control requirements. Added at 16 
Indiana Register 2363, effective June 11, 1993.
    (D) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 11: Emissions Limitations for Specific Types of 
Operations, Rule 3: Coke Oven Batteries, Section 2: Emissions 
limitations (subsections a through f, and i), and Section 4: Compliance 
determination. Amended at 16 Indiana Register 2363, effective June 11, 
1993.

[FR Doc. 95-14627 Filed 6-14-95; 8:45 am]
BILLING CODE 6560-50-P