[Federal Register Volume 61, Number 69 (Tuesday, April 9, 1996)]
[Rules and Regulations]
[Pages 15704-15706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8438]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IN52-1-6978a; FRL-5452-4]


Approval and Promulgation of Implementation Plans; Indiana

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: On August 8, 1995, the State of Indiana submitted a State 
Implementation Plan (SIP) revision request to the United States 
Environmental Protection Agency (USEPA) for rule changes specific to 
Richmond Power and Light's (RPL's) Whitewater Generating Station 
located in Wayne County in Richmond, Indiana. The submittal provides 
for less stringent limits on particulate matter (PM) emissions than 
those currently in the SIP from both of the generating station's two 
primary boilers. The submittal also adds a combined PM limit for those 
times when both boilers are operating, establishes a site-specific 
opacity limit for the facility, and specifies a site-specific method 
for evaluating PM stack test results. The submittal includes air 
quality modeling which shows that the National Ambient Air Quality 
Standards (NAAQS) will still be protected under the new regulations.

DATES: The ``direct final'' rule is effective on June 10, 1996, unless 
USEPA receives adverse or critical comments by May 9, 1996. If the 
effective date is delayed, timely notice will be published in the 
Federal Register.

ADDRESSES: Copies of the revision request are available for inspection 
at

[[Page 15705]]
the following address: U.S. Environmental Protection Agency, Region 5, 
Air and Radiation Division, 77 West Jackson Boulevard, Chicago, 
Illinois 60604. (It is recommended that you telephone David Pohlman at 
(312) 886-3299 before visiting the Region 5 Office.)
    Written comments should be sent to: J. Elmer Bortzer, Chief, 
Regulation Development Section, Air Programs Branch (AR-18J), U.S. 
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, 
Illinois 60604.

FOR FURTHER INFORMATION CONTACT: David Pohlman at (312) 886-3299.

SUPPLEMENTARY INFORMATION:

I. Background

    Indiana's submittal of August 8, 1995, contains revisions to three 
rules. These rules are: Title 326 Indiana Administrative Code (326 IAC) 
3-2.1-5, 326 IAC 5-1-2, and 326 IAC 6-1-14. The purpose of these 
changes is to revise emission limits and testing procedures for 
Richmond Power and Light's Whitewater Generating Station.
    The proposed rules were published in the Indiana Register on July 
1, 1994. Public hearings were held on the rules on January 5, 1994, and 
August 3, 1995, in Indianapolis, Indiana. The rules were adopted by the 
Indiana Air Pollution Control Board on August 3, 1994, became effective 
on July 15, 1995, and were published in the Indiana Register on August 
1, 1995.

II. Analysis of State Submittal

    326 IAC 3-2.1-5 contains specific testing procedures for 
particulate matter, sulfur dioxide, nitrogen oxides, and volatile 
organic compounds. This rule was previously submitted to the USEPA on 
January 11, 1991. On February 8, 1994 (59 FR 5742), the USEPA proposed 
to disapprove this rule because it contained unacceptable 
``Commissioner's discretion'' language. This language allowed the 
Commissioner of the Indiana Department of Environmental Management 
(IDEM) to authorize alternate emission test methods, changes in test 
procedures, and alternate operating load levels. At this time, IDEM has 
begun rulemaking to address the ``Commissioner discretion'' issue. In 
addition, in the cover letter to its August 8, 1995 submission, IDEM 
stated that, until that rulemaking can be completed and approved by 
USEPA, no alternate emission test method, changes in test procedures, 
or alternate operating load levels during testing will be granted to 
RPL. Based on this representation, the submitted revisions to 326 IAC 
3-2.1-5 are approvable as they apply to RPL.
    The revisions to 326 IAC 3-2.1-5 also add the option for RPL to use 
a time-weighted averaging period when evaluating stack tests that 
require sootblowing. The time-weighted averaging provision contains an 
equation to be used when averaging stack test results to determine 
compliance. The equation is from a March 6, 1979 USEPA memorandum 
titled ``NSPS Determination--Subpart D.'' This same guidance was 
restated in a May 7, 1982, Memorandum from the Assistant Administrator 
for Air, Noise and Radiation to the Directors of the Regional Air 
Divisions. The time-weighted averaging provision is, therefore, 
consistent with USEPA policy and is approvable.
    326 IAC 5-1-2 has been amended to establish a site-specific opacity 
limit of 30 percent for Richmond Power and Light. The opacity limit is 
reduced to 25 percent in May, 1999. Since this revision represents a 
tightening of the SIP opacity limit from its previous level of 40 
percent, this provision is approvable by the USEPA.
    326 IAC 6-1-14 has been amended to provide PM limits of 0.19 pounds 
per million British Thermal Units (lb/MMBTU) and 0.22 lb/MMBTU for coal 
boilers numbers 1 and 2, respectively, at RPL's Whitewater Generating 
Station. This is an increase from the former limits of 0.040 and 0.070 
for boilers 1 and 2, respectively. The rule also provides for a 
combined limit of 0.22 lb/MMBTU when boilers 1 and 2 are operating 
together. Further changes to this rule were made to update the source 
names in the table of Wayne County emission limits. The State 
conducted, and submitted, a dispersion modeling analysis to demonstrate 
that the relaxation of these limits would not cause a violation of the 
NAAQS for PM. The analysis showed that highest, sixth-highest 24-hour 
concentrations of PM would be 87.4 micrograms per cubic meter, and that 
the maximum annual concentration would be 42.5 micrograms per cubic 
meter. The NAAQS for PM are 150 and 50 micrograms per cubic meter for 
24-hour and annual averages, respectively. Thus, the requested SIP 
revision will protect the PM NAAQS in Wayne County, Indiana.

III. Final Rulemaking Action

    Indiana's submittal includes revisions to 326 IAC 3-2.1-5, 5-1-2, 
and 6-1-14. The USEPA has undertaken an analysis of this SIP revision 
request based on a review of the materials presented by IDEM and has 
determined that it is approvable because it is consistent with 
applicable Clean Air Act provisions, including protection of the NAAQS 
for PM in the Wayne County area.
    The USEPA is publishing this action without prior proposal because 
USEPA views this action as a noncontroversial revision and anticipates 
no adverse comments. However, USEPA is publishing a separate document 
in this Federal Register publication, which constitutes a ``proposed 
approval'' of the requested SIP revision and clarifies that the 
rulemaking will not be deemed final if timely adverse or critical 
comments are filed. The ``direct final'' approval shall be effective on 
June 10, 1996, unless USEPA receives adverse or critical comments by 
May 9, 1996. If USEPA receives comments adverse to or critical of the 
approval discussed above, USEPA will withdraw this approval before its 
effective date by publishing a subsequent Federal Register document 
which withdraws this final action. All public comments received will 
then be addressed in subsequent rulemaking. Please be aware that USEPA 
will institute another comment period on this action only if warranted 
by significant revisions to the rulemaking based on any comments 
received in response to today's action. Any parties interested in 
commenting on this action should do so at this time. If no such 
comments are received, USEPA hereby advises the public that this action 
will be effective on June 10, 1996.
    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 9, 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.
    Nothing in this action should be construed as permitting, allowing 
or establishing a precedent for any future request for revision to any 
SIP. USEPA shall consider each request for revision to the SIP in light 
of specific technical, economic, and environmental factors and in 
relation to relevant statutory and regulatory requirements.
    Section 202 of the Unfunded Mandates Reform Act of 1995 (``Unfunded 
Mandates Act'') (signed into law on March 22, 1995) requires that the 
USEPA prepare a budgetary impact statement before promulgating a rule 
that includes a Federal mandate that may result in expenditure by 
State, local, and tribal governments, in aggregate, or by the private 
sector, of

[[Page 15706]]
$100 million or more in any one year. Section 203 requires the USEPA to 
establish a plan for obtaining input from and informing, educating, and 
advising any small governments that may be significantly or uniquely 
affected by the rule.
    Under section 205 of the Unfunded Mandates Act, the USEPA must 
identify and consider a reasonable number of regulatory alternatives 
before promulgating a rule for which a budgetary impact statement must 
be prepared. The USEPA must select from those alternatives the least 
costly, most cost-effective, or least burdensome alternative that 
achieves the objectives of the rule, unless the USEPA explains why this 
alternative is not selected or the selection of this alternative is 
inconsistent with law.
    Because this final rule is estimated to result in the expenditure 
by State, local, and tribal governments or the private sector of less 
then $100 million in any one year, the USEPA has not prepared a 
budgetary impact statement or specifically addressed the selection of 
the least costly, most cost-effective, or least burdensome alternative. 
Because small governments will not be significantly or uniquely 
affected by this rule, the USEPA is not required to develop a plan with 
regard to small governments. This rule only approves the incorporation 
of existing state rules into the SIP. It imposes no additional 
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.
    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 Act, preparation of a regulatory flexibility analysis would 
constitute Federal inquiry into the economic reasonableness of the 
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 (S.Ct. 1976); 42 U.S.C. 7410(a)(2).
    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 June 10, 1996. 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.

    Dated: March 22, 1996.
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)(107) to read 
as follows:


Sec. 52.770  Identification of plan.

* * * * *
    (c) * * *
    (107) On August 8, 1995, Indiana submitted a site specific SIP 
revision request for Richmond Power and Light in Wayne County Indiana. 
The submitted revisions provide for revised particulate matter and 
opacity limitations on the number 1 and number 2 coal fired boilers at 
Richmond Power and Light's Whitewater Generating Station. The revisions 
also allow for time weighted averaging of stack test results at 
Richmond Power and Light to account for soot blowing. Indiana is making 
revisions to 326 IAC 3-2-1, which currently allows Indiana to authorize 
alternative emission test methods for Richmond Power and Light. Until 
the rule is revised to remove this authority, and approved by the 
United States Environmental Protection Agency, no alternate emission 
test method, changes in test procedures or alternate operating load 
levels during testing is to be granted to Richmond Power and Light.
    (i) Incorporation by reference. Indiana Administrative Code Title 
326: Air Pollution Control Board, Article 3: Monitoring Requirements, 
Rule 2.1: Source Sampling Procedures, Section 5: Specific Testing 
Procedures; Particulate Matter; Sulfur Dioxide; Nitrogen Oxides; 
Volatile Organic Compounds; Article 5: Opacity Regulations, Rule 1: 
Opacity Limitations, Section 2: Visible Emission Limitations; and 
Article 6: Particulate Rules, Rule 1: Nonattainment Area Limitations, 
Section 14: Wayne County. Added at 18 In. Reg. 2725. Effective July 15, 
1995.
    (ii) Additional Information. (A) August 8, 1995 letter from the 
Indiana Department of Environmental Management to USEPA Region 5 
regarding submittal of a state implementation plan revision for 
Richmond Power and Light.

[FR Doc. 96-8438 Filed 4-8-96; 8:45 am]
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