[Federal Register Volume 61, Number 115 (Thursday, June 13, 1996)]
[Rules and Regulations]
[Pages 29961-29963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14961]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IN59-1-7217a; FRL-5510-7]
Approval and Promulgation of Implementation Plans; Indiana
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
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SUMMARY: On August 29, 1995, the State of Indiana submitted a State
Implementation Plan (SIP) revision request to the United States
Environmental Protection Agency (EPA) for rule changes specific to
Allison Engine Company (Allison) plants 5 and 8 located in Marion
County, Indiana. The submittal provides for an annual particulate
matter ``bubble'' limit (a single limit which applies to the combined
emissions from more than one source) for several boilers, and the
shutdown of two other boilers. Short term particulate matter emission
limits for all remaining stacks remain unchanged. This submittal
represents a reduction in allowable particulate emissions of 67.7 tons
per year, and the State has submitted a modeling analysis which shows
that the revised rules will not have an adverse effect on air quality.
DATES: The ``direct final'' is effective on August 12, 1996, unless EPA
receives adverse or critical comments by July 15, 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 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 29, 1995, contains revisions to Title
326 Indiana Administrative Code (326 IAC) 6-1-12. The purpose of these
changes is to provide a combined annual emission limit for several
boilers at Allison, and to set an emission limit of zero tons per year
for 2 boilers which have shut down.
The proposed rules were published in the Indiana Register on March
1, 1995. Public hearings were held on the rules on January 11, 1995,
and April 5, 1995, in Indianapolis, Indiana. The rules were adopted by
the Indiana Air Pollution Control Board on April 5, 1995; were
published in the Indiana Register on November 1, 1995, and, became
effective on November 3, 1995.
II. Analysis of State Submittal
The rule revisions in the August 29, 1995, submittal provide for
new particulate matter (measured as total suspended particulate) limits
for three stacks at Allison's plants 5 and 8. Previously, the stack
serving boilers 1-4 (plant 5) had a limit of 173.0 tons per year (tpy),
the stack serving boiler 2 (plant 8) had a limit of 3.2 tpy, the stack
serving boilers 3-6 (plant 8) had a limit of 9.3 tpy, and the stack
serving boilers 7-11 (plant 8) had a limit of 12.2 tpy. These stacks
also had limits of 0.337, 0.15, 0.15, and 0.15 pounds per million
British Thermal Units (lb/MMBTU), respectively. The revision provides
limits of 0 tons per year for boilers 2 and 11, which have shut down.
The hourly mass limits remain unchanged at 0.337 lbs/MMBTU for boilers
1-4 of plant 5, 0.15 lbs/MMBTU for boilers 3-6 of plant 8, and 0.15
lbs/MMBTU for boilers 7-10 of plant 8. The rule provides for a combined
limit of 130.0 tons per year for the boilers mentioned above, as well
as new limits on the types and amounts of fuel which may be burned at
the boilers, and a recordkeeping requirement to document compliance.
One problem which occurs several times in the rule is that, in the
emissions limitations table, a list of several sources is followed by a
single limit. For example, boilers 1-4 have a limit of .337 lbs/MMBTU.
It is not clear from this whether the limit is meant to apply to
individual boilers, or a single stack serving several boilers in
common. The State has informed EPA that its intention in such cases is
that the limit applies to each boiler. Also, the State has agreed to
correct this problem, which occurs in a number of Indiana PM rules. The
EPA believes that, since there is no more lenient interpretation
[[Page 29962]]
than the one intended by the State, the EPA believes this
interpretation will not impede the enforceability of the Allison rules.
This SIP revision will result in an overall reduction in allowed
particulate matter emissions of 67.7 tpy. The State has submitted a
modeling analysis which shows the maximum particulate impact off plant
property to be 1.53 micrograms per cubic meter. The allowable impact
for this type of bubble (see 51 FR 43814) is 5 micrograms per cubic
meter. Therefore, the EPA concludes that the new regulations will
protect air quality in Marion County, Indiana.
III. Final Rulemaking Action
Indiana's submittal includes revisions to 326 IAC 6-1-12. The EPA
has completed an analysis of this SIP revision request based on a
review of the materials presented by Indiana and has determined that it
is approvable because it will result in a decrease in allowable
particulate matter emissions and will protect the air quality in the
Marion County area.
The EPA is publishing this action without prior proposal because
EPA views this action as a noncontroversial revision and anticipates no
adverse comments. However, EPA 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
August 12, 1996, unless EPA receives adverse or critical comments by
July 15, 1996. If EPA receives comments adverse to or critical of the
approval discussed above, EPA 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 EPA
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, EPA hereby advises the public that this action
will be effective on August 12, 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. EPA 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
EPA 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 $100 million or more in any one year. Section 203 requires
the EPA 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 EPA must
identify and consider a reasonable number of regulatory alternatives
before promulgating a rule for which a budgetary impact statement must
be prepared. The EPA must select from those alternatives the least
costly, most cost-effective, or least burdensome alternative that
achieves the objectives of the rule, unless the EPA 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 EPA 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 EPA 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., EPA
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, EPA 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 EPA to base its actions
concerning SIPs on such grounds. Union Electric Co. v. EPA., 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 August 12, 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, Particulate matter.
Dated: May 15, 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)(108) to read
as follows:
[[Page 29963]]
Sec. 52.770 Identification of plan.
* * * * *
(c) * * *
(108) On August 29, 1995, Indiana submitted a site specific SIP
revision request for Allison Engine Company in Marion County, Indiana.
The revision provides limits of 0 tons per year for boilers 2 and 11,
which have shut down. The hourly mass limits remain unchanged at 0.337
pounds per million British Thermal Units (lbs/MMBTU) for boilers 1-4 of
plant 5, 0.15 lbs/MMBTU for boilers 3-6 of plant 8, and 0.15 lbs/MMBTU
for boilers 7-10 of plant 8. The rule provides for a combined limit of
130.0 tons per year for the boilers mentioned above, as well as new
limits on the types and amounts of fuel which may be burned at the
boilers, and a recordkeeping requirement to document compliance.
(i) Incorporation by reference. Indiana Administrative Code Title
326: Air Pollution Control Board, Article 6: Particulate Rules, Rule 1:
Nonattainment Area Limitations, Section 12: Marion County. Added at 19
In. Reg. 186. Effective November 3, 1995.
[FR Doc. 96-14961 Filed 6-12-96; 8:45 am]
BILLING CODE 6560-50-P