[Federal Register Volume 62, Number 106 (Tuesday, June 3, 1997)]
[Rules and Regulations]
[Pages 30253-30257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14437]



[[Page 30253]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IN67-1a; FRL-5827-5]


Approval and Promulgation of Implementation Plans; Indiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On August 26, 1996, the State of Indiana submitted rule 326 
IAC 10-1 as a requested revision to the State Implementation Plan (SIP) 
for ozone. This rule requires oxides of nitrogen (NOX) 
Reasonably Available Control Technology (RACT) for portland cement 
kilns, electric utility boilers, and industrial, commercial, or 
institutional (ICI) boilers in Clark and Floyd Counties. In addition, 
on April 30, 1997, Indiana submitted a negative declaration certifying 
that, to the best of the State's knowledge, there are no remaining 
major sources of NOX in Clark and Floyd Counties which need 
RACT rules. NOX emissions are a precursor of ground-level 
ozone, an air pollutant which can cause inflammation of lung tissue and 
decrease lung function. NOX emissions also contribute to 
acid rain, eutrophication of estuaries, and the formation of secondary 
nitrate particulate matter. Indiana expects this NOX RACT 
SIP revision will reduce NOX emissions by 44 percent (%), or 
6352 tons per year, in Clark and Floyd Counties. In this action, EPA is 
approving the NOX RACT rule and negative declaration as 
revisions to the SIP through a ``direct final'' rulemaking; the 
rationale for this approval is set forth below.

DATES: This action is effective August 4, 1997 unless adverse comments 
are received by July 3, 1997. If the effective date is delayed, timely 
notice will be published in the Federal Register.

ADDRESSES: Written comments can be mailed to: J. Elmer Bortzer, Chief, 
Regulation Development Section, Air Programs Branch (AR-18J), Air and 
Radiation Division, U.S. Environmental Protection Agency, 77 West 
Jackson Boulevard, Chicago, Illinois, 60604.
    Copies of the SIP revision request and EPA's analysis (Technical 
Support Document) are available for inspection at the following 
address: (It is recommended that you telephone Mark J. Palermo at (312) 
886-6082, before visiting the Region 5 office.) U.S. Environmental 
Protection Agency, Region 5, Air and Radiation Division, 77 West 
Jackson Boulevard, Chicago, Illinois, 60604.

FOR FURTHER INFORMATION CONTACT: Mark J. Palermo, Environmental 
Protection Specialist, at (312) 886-6082.

SUPPLEMENTARY INFORMATION:

I. Background

    On November 15, 1990, the Clean Air Act Amendments of 1990 (Act) 
were enacted. Pub. L. 101-549, 104 Stat. 2399, codified at 42 U.S.C. 
7401-7671q. Section 182(f) of the Act requires States to apply the same 
requirements to major stationary sources of NOX as are 
applied to major stationary sources of volatile organic compounds 
(VOC), unless the EPA determines that, for a given ozone nonattainment 
area, reductions in NOX would not contribute to the area's 
attainment of the National Ambient Air Quality Standards (NAAQS) for 
ozone. Under section 182(b)(2), major stationary sources of VOC in 
areas designated moderate ozone nonattainment and above are required to 
adopt and implement Reasonably Available Control Technology (RACT) 
regulations. Therefore, areas subject to section 182(f) requirements 
must adopt RACT regulations for major sources of NOX, unless 
a waiver pursuant to section 182(f) has been approved.
    In Indiana, two areas are classified as moderate ozone 
nonattainment and above: the Lake and Porter Counties portion of the 
Chicago severe ozone nonattainment area, and the Clark and Floyd 
Counties portion of the Louisville moderate ozone nonattainment area. 
On January 26, 1996, EPA exempted Lake and Porter Counties from section 
182(f) RACT requirements because the State adequately demonstrated that 
the area meets the Act's NOX exemption criteria (61 FR 
2428). No waiver was requested for Clark and Floyd Counties, and, 
therefore, these counties are subject to the section 182(f) RACT 
requirement.
    On February 7, 1996, the Indiana Air Pollution Control Board 
(IAPCB) adopted rule 326 IAC 10-1 for Clark and Floyd Counties in 
accordance with the section 182(f) RACT requirement. Public hearings on 
the rule were held on November 1, 1995, and February 7, 1996, in 
Indianapolis, Indiana. The rule was filed with the Secretary of State 
on May 13, 1996, and became effective on June 12, 1996; it was 
published in the Indiana State Register on July 1, 1996. The Indiana 
Department of Environmental Management (IDEM) formally submitted the 
rule to EPA on August 26, 1996, as a revision to the Indiana ozone SIP. 
EPA made a finding of completeness of this submittal in a letter dated 
December 20, 1996. On April 30, 1997, Indiana submitted a negative 
declaration certifying that, to the best of the State's knowledge, 
there are no remaining major sources of NOX in Clark and 
Floyd Counties which need RACT rules.

II. EPA Requirements

    Under section 182(f), major stationary sources of NOX in 
Clark and Floyd Counties are subject to the same requirements of 
section 182(b)(2) as are major stationary sources of VOC. Section 
182(b)(2) requires that moderate and above ozone nonattainment areas 
adopt RACT regulations for VOC source categories covered by a Control 
Techniques Guidelines (CTG) document, or for major sources of VOC not 
covered by a CTG.1 The EPA has defined RACT as the lowest 
emission limitation that a particular source is capable of meeting by 
the application of control technology that is reasonably available, 
considering technological and economic feasibility (44 FR 53762; 
September 17, 1979). CTGs are documents which provide EPA's 
recommendation of presumptive RACT for various source categories. EPA, 
however, has not issued CTGs which address NOX sources.
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    \1\ For moderate ozone nonattainment areas, major sources are 
defined as sources having the potential to emit 100 or more tons per 
year of a given air pollutant (See  section 302(j) of the Act).
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    On November 25, 1992, EPA published the ``NOX Supplement 
to the General Preamble for Implementation of Title I of the Act'' 
(NOX Supplement) which provides guidance to the States for 
meeting NOX requirements under section 182(f) of the Act (57 
FR 55620). Under this document, EPA has established RACT emission 
limits for electric utility boilers, and has specified that 
NOX RACT for other source categories should be set at levels 
that are comparable to the RACT guidelines set for electric utility 
boilers.2
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    \2\ The NOX Supplement also indicates that while 
EPA's RACT guidance has been largely directed at application within 
the VOC program, much of this guidance is also applicable to RACT 
for NOX sources.
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    In addition to the NOX Supplement, EPA has issued a 
number of Alternative Control Techniques (ACT) documents for various 
source categories, which, like CTGs, contain information on control 
technologies that can be used by the States in developing RACT 
regulations, but do not establish a presumptive norm for what EPA 
considers NOX RACT.

III. Summary of SIP Revision

    The August 26, 1996, NOX RACT SIP submittal contains the 
following rules:

[[Page 30254]]

326 Indiana Administrative Code 10: Nitrogen Oxides Rules

    Rule 1: Nitrogen Oxides Control in Clark and Floyd Counties.

(1) Applicability
(2) Definitions
(3) Requirements
(4) Emission limits
(5) Compliance procedures
(6) Emissions monitoring
(7) Record keeping, notification, and reporting requirements.

    A summary of the rule follows. For the complete requirements of 
this SIP revision, interested parties should refer to 326 IAC 10-1.

Applicability

    Section 1 contains the rule's criteria for applicability. The rule 
is applicable to any stationary source located in Clark or Floyd 
Counties that existed on or before the effective date of the rule (June 
12, 1996) and has the potential to emit at least 100 tons per year of 
NOX.3 An affected source must apply RACT, as 
specified under the rule, to any facility at the source that exists on 
or before June 12, 1996, and has the potential to emit greater than or 
equal to 40 tons per year of NOX.4 
NOX-emitting facilities that existed on or before June 12, 
1996, and are subject to NOX control under a New Source 
Performance Standard (NSPS) are not subject to this rule. 
NOX-emitting facilities which require a permit under 326 IAC 
2, are constructed, modified, or reconstructed after June 12, 1996, and 
are not subject to any NSPS NOX control requirements shall 
meet RACT as required by the rule or Best Available Control Technology 
(BACT), whichever is more stringent. It should be noted that Indiana's 
NOX RACT requirements do not exempt facilities from Lowest 
Available Emission Rate (LAER) and other requirements under the State's 
New Source Review rule (326 IAC 3-1).
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    \3\ NOX is defined under 326 IAC 10-1-2(15) as all 
oxides of nitrogen excluding nitrous oxide.
    \4\ ``Facility'' is defined under 326 IAC 1-2-27 as any one 
structure, piece of equipment, installation, or operation which 
emits or has the potential to emit any air contaminant. Single 
pieces of equipment or installations with multiple emission points 
are considered a single facility for the purpose of the Indiana 
rules.
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Control Requirements

    Section 4 establishes specific control requirements for the 
following types of facilities at applicable sources:
    (1) electric utility boilers 5 with heat input capacity 
greater than or equal to 250 million British thermal units (Btu) per 
hour;
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    \5\ 326 IAC 10-1-2(30) defines ``electric steam generating 
unit'' as any facility that is constructed for the purpose of 
supplying more than one-third of its potential electric output 
capacity and more than 25 megawatts of electric output to any 
utility power distribution system for sale. Any steam supplied to a 
steam distribution system for the purpose of providing steam to a 
steam-electric generator that would produce electric energy for sale 
is also considered in determining the electric energy output 
capacity of the affected facility.
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    (2) ICI boilers 6 with heat input capacity greater than 
or equal to 100 million Btu per hour;
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    \6\ 326 IAC 10-1-2(13) defines ``industrial, commercial, 
institutional steam generating unit'' as a device that combusts one 
or more of a combination of coal, oil, and gas and produces steam or 
hot water primarily to supply power, heat, or hot water to any 
industrial, commercial, or institutional operation, including 
boilers used by electric utilities that are not utility boilers.
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    (3) portland cement long dry kilns with production capacity greater 
than or equal to 20 tons of clinker per hour;
    (4) portland dry preheat process kilns with production capacity 
greater than or equal to 20 tons of clinker per hour; and
    (5) any other type of facility that emits or has the potential to 
emit NOX greater than or equal to 40 tons per year.
    Under section 4, compliance with the rule may be met through (1) 
specified emission limits, (2) alternative RACT requirements approved 
by IDEM and EPA, (3) fuel switching provisions (applicable only to 
boilers), (4) emissions averaging, or (5) a combination of the above.

Specified Emission Limits (Section 4(b))

    Facilities complying by means of section 4(b) shall not exceed the 
following limits under the rule:
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    \7\ 30 day rolling average is defined under 326 IAC 10-2(29) as 
an emission rate calculated each operating day by averaging all the 
preceding 30 successive operating days average emission rates.

 Portland Cement Plants With a Clinker Production Capacity Greater Than 
             or Equal to 20 Tons per Hour (Section 4(b)(1))             
------------------------------------------------------------------------
  Portland cement kiln type               Emission limitation           
------------------------------------------------------------------------
Long dry kiln................  10.8 pounds (lbs) NOX per ton of clinker 
                                produced on an operating day basis, and 
                                6.0 lbs NOX per ton of clinker produced 
                                on a 30 day rolling average basis. 7    
Dry preheater process kiln...  5.9 lbs NOX per ton of clinker produced  
                                on an operating day basis, and 4.4 lbs  
                                NOX per ton of clinker produced on a 30 
                                day rolling average basis.              
------------------------------------------------------------------------


   Electric Utility Steam Generating Units With a Heat Input Capacity   
   Greater Than or Equal to 250 Million Btu per Hour (Section 4(b)(2))  
------------------------------------------------------------------------
                                                               Emission 
                                                              limitation
            Boiler type                    Fuel type         lbs NOX per
                                                             million Btu
                                                                input   
------------------------------------------------------------------------
Wall-fired dry bottom.............  Pulverized coal........          0.5
Wall-fired dry bottom.............  Distillate oil.........          0.2
Wall-fired dry bottom.............  Residual oil...........          0.3
Wall-fired dry bottom.............  Gas....................          0.2
------------------------------------------------------------------------

    Limits shall be complied with on a 30 day rolling average basis.

[[Page 30255]]



  ICI Steam Generating Units With a Heat Input Capacity Greater Than or 
           Equal to 100 Million Btu per Hour (Section 4(b)(3))          
------------------------------------------------------------------------
                                                               Emission 
                                                              limitation
            Boiler type                    Fuel type         lbs NOX per
                                                             million Btu
                                                                input   
------------------------------------------------------------------------
Wall-fired dry bottom.............  Pulverized coal........          0.5
Tangentially fired................  Pulverized coal........          0.4
Spreader stoker...................  Pulverized coal........          0.5
Overfeed stoker...................  Pulverized coal........          0.4
Oil fired.........................  Distillate oil.........          0.2
Oil fired.........................  Residual oil...........          0.3
Gas fired.........................  Gas....................          0.2
------------------------------------------------------------------------

    Limits shall be complied with on a 3 hour average basis or, if the 
source has a Continuous Emissions Monitor (CEM), on a 30 day rolling 
average basis.
    For those electric utility or ICI boilers that simultaneously 
combust a mixture of coal, oil, or gas, the applicable emission limit 
shall be determined by the following equation:

E = [(A)(E1) + (B)(E2) + (C)(E3)]/(A + B + C)
E = The NOX limit expressed as lbs NOX per 
million Btu.
A = Heat input in million Btu from combustion of coal.
B = Heat input in million Btu from combustion of oil.
C = Heat input in million Btu from combustion of gas.
E1 = Applicable emission limit under this rule for combustion of coal 
in pounds NOX per million Btu.
E2 = Applicable emission limit under this rule for combustion of oil in 
pounds NOX per million Btu.
E3 = Applicable emission limit under this rule for combustion of gas in 
pounds NOX per million Btu.

    All other facilities which have the potential to emit at least 40 
tons per year of NOX shall reduce actual NOX 
emissions by at least 40% (section 4(b)(5)). The 40% limit shall be 
complied with on a three hour basis in accordance with section 5, or, 
if a CEM is installed, limits shall be complied with on a 30 day 
rolling average basis.

Alternative RACT Requirements (Section 4(c)(1))

    Under the rule, affected sources may petition for alternative 
control requirements based upon a demonstration that compliance with 
the rule's requirements are technically or economically infeasible. 
Alternative RACT petitions are subject to IDEM and EPA approval and 
must have been submitted to IDEM by December 1, 1996. It should be 
noted that alternative RACT requirements will only become effective 
upon EPA approving the requirements as a site-specific SIP revision.

Fuel Switching (Section 4(c)(2))

    Electric utility and ICI boilers may comply with the rule by 
switching to a lower NOX-emitting fuel between May 1 and 
September 30. Coal-fired boilers can switch to oil, gas, or a 
combination of oil and gas. Oil-fired boilers can switch to a lower 
NOX-emitting oil, gas, or a combination of lower 
NOX-emitting oil and gas.
    The facility complying by means of fuel switching shall meet both 
an annual limit and a limit to be met during the fuel-switching period. 
The fuel-switching period limit is the boiler's applicable emission 
limit under section 4(b)(2) or 4(b)(3).8 The annual limit is 
met by demonstrating that the boiler's actual annual fuel Btu weighted 
average emissions rate shall not exceed the boiler's applicable 
emission limit.
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    \8\ The applicable emission limit is based on the boiler's 
combustion type and fuel use during the ``baseline year.'' Baseline 
year is defined under section 2(4) of the rule as the most recent 
year prior to the rule's effective date, June 12, 1996, for which 
available data is complete, accurate, and representative of normal 
operations.
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    Owners or operators complying through fuel switching shall submit 
to IDEM a fuel switching plan that specifies the following information: 
boiler type, applicable rule limit, emission rate of and amount of heat 
derived from each fuel used, period of time during the year in which 
each fuel shall be used, and monitoring and recordkeeping procedures to 
be used. Compliance with the annual limit shall be demonstrated using 
the following equation.

EL = [(E1)(H1) + (E2)(H2) + ...]/(H1 + H2 + ...)
EL = Applicable emission limit, expressed in pounds NOX per 
million Btu.
E1, E2,... = Emission rate of alternative fuels 1, 2, etc., expressed 
in pounds NOX per million Btu.
H1, H2,... = Amount of heat derived from alternative fuels 1, 2, etc., 
expressed in million Btu per year.

Emission Averaging (Section 4(c)(3))

    Another compliance option under section 4 is through emission 
averaging between facilities controlled by the same owner and having 
the same designated representative. The facilities engaging in this 
compliance option must demonstrate an equivalent or greater 
NOX reduction than would be achieved if each facility 
complied with the applicable emission limit. This demonstration is to 
be submitted to IDEM in an emission averaging plan, using emission 
averaging equations and provisions under Title IV federal acid rain 
rules (40 CFR 76.11) as a guideline. Participating facilities shall use 
the same compliance averaging time as would be used to comply with the 
rule's specific emission limits. Boilers which simultaneously combust a 
mixture of coal, oil, or gas cannot use emissions averaging as a means 
of compliance. The emission averaging plan must be approved.
    Section 4(d) provides that verification of the emission rates used 
for compliance with either the fuel switching or emissions averaging 
provisions may be required using the rule's compliance demonstration 
and testing procedures.

Compliance Demonstration

    Under section 6, CEMs are required to be installed at electric 
utility boilers, ICI boilers (as described in 326 IAC 3), and portland 
cement kilns regulated under the rule. All other affected facilities 
are required to install CEMs unless the source demonstrates that CEMs 
are technically infeasible for one or more facilities, considering the 
physical configuration and mode of operation of the facility, the 
magnitude of and variability in NOX emissions, and the type 
of control measures employed to achieve compliance.

[[Page 30256]]

    These CEMs are required under section 6 to meet certification, 
operating and maintenance procedures, and data recording and reporting 
procedures contained in 326 IAC 3, Indiana's air monitoring rule, and 
40 CFR part 75, EPA's CEM rules, except that the excess emissions which 
must be reported are those emissions that exceed the applicable 
emission limits of this rule.
    Section 5 provides the requirements for initial and subsequent 
compliance tests. Initial compliance shall be demonstrated either by 
using an EPA or IDEM certified CEM, or the test methods and procedures 
contained in 40 CFR part 60 and 326 IAC 3. After initial compliance is 
demonstrated, those sources which have installed CEMs shall thereafter 
demonstrate continuous compliance using the CEMs. In addition, sources 
with CEMs shall, upon the request of IDEM or EPA, conduct compliance 
tests using test methods and procedures in 326 IAC 3 and 40 CFR part 
60. Affected sources which have not installed CEMs shall conduct 
compliance testing using test methods and procedures in 326 IAC 3 and 
40 CFR part 60, upon request of IDEM or EPA.

Recordkeeping and Reporting

    Under section 7 of the rule, affected sources must submit to IDEM 
certification of compliance from the owner or operator, emission 
compliance test reports, and CEM system performance evaluation reports. 
In addition, a source subject to the rule must notify IDEM at least 30 
days prior to the addition or modification of a facility that may 
result in a potential increase in NOX emissions. Any records 
required under this rule must be maintained for three years, and shall 
be submitted to IDEM or EPA within thirty days of a written request.

IV. EPA Analysis of Submittal

    EPA reviewed the August 26, 1996, NOX RACT SIP revision 
submittal for consistency with the Act, EPA regulations, and EPA 
policy. EPA finds that the rule adequately requires NOX RACT 
for electric utility boilers, ICI boilers, and portland cement plants. 
Under EPA policy, NOX RACT submittals can be approved where 
all known major NOX sources are covered under either source-
specific or source-category-specific rules, and the State submits a 
negative declaration that to its best knowledge, there are no remaining 
unregulated sources (see the November 7, 1996, EPA memorandum, 
``Approval Options for Generic RACT Rules Submitted to Meet the non-CTG 
VOC RACT Requirement and Certain NOX RACT Requirements''). 
Since there are only two known major sources of NOX in Clark 
and Floyd Counties, an electric utility plant and a portland cement 
plant, Indiana's rule contains sufficient RACT requirements. In 
addition, an April 30, 1997, negative declaration has been submitted by 
Indiana certifying that, to the best of the State's knowledge, there 
are no remaining major sources of NOX existing in Clark and 
Floyd Counties which need RACT rules. The EPA, therefore, finds the 
submittal satisfies the NOX RACT requirements of section 
182(f) of the Act for Clark and Floyd Counties. EPA is also approving 
the April 30, 1997, negative declaration as a revision to the SIP. A 
more detailed discussion of EPA's review and analysis of the submittal 
is contained in EPA's Technical Support Document (TSD) for this 
rulemaking, available from the EPA Region 5 office.

V. Final Action

    The EPA is approving Indiana's NOX RACT rule for Clark 
and Floyd Counties, 326 IAC 10-1, as submitted on August 26, 1996, as a 
revision to the ozone SIP. EPA is also approving the April 30, 1997, 
negative declaration.
    The EPA is publishing this action without prior proposal because 
EPA views this as a noncontroversial revision and anticipates no 
adverse comments. However, in a separate document in this Federal 
Register publication, the EPA is proposing to approve the SIP revision 
should adverse or critical comments be filed. This action will be 
effective on August 4, 1997 unless, by July 3, 1997, adverse or 
critical comments are received.
    If the EPA receives such comments, this action will be withdrawn 
before the effective date by publishing a subsequent rulemaking that 
will withdraw the final action. All public comments received will be 
addressed in a subsequent final rule based on this action serving as a 
proposed rule. The EPA 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 on August 4, 1997.
    Nothing in this action should be construed as permitting, 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.

VI. Administrative Requirements

A. Executive Order 12866

    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 10, 1995, memorandum from Mary D. Nichols, Assistant Administrator 
for Air and Radiation. The Office of Management and Budget (OMB) has 
exempted this regulatory action from Executive Order 12866 review.

B. Regulatory Flexibility

    Under the Regulatory Flexibility Act, 5 U.S.C. Sec. 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. Secs. 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 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, the Administrator 
certifies 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 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 (1976); 42 U.S.C. Sec. 7410(a)(2).

C. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995, 
signed into law on March 22, 1995, EPA must undertake various actions 
in association with any proposed or final rule that includes a Federal 
mandate that may result in estimated costs to state, local, or tribal 
governments in the aggregate; or to the private sector, of $100 million 
or more. This Federal action approves pre-existing requirements under 
state or local law, and imposes no new requirements. Accordingly, no 
additional costs to state, local, or tribal governments, or the private 
sector, result from this action.

[[Page 30257]]

D. Submission to Congress and the General Accounting Office

    Under section 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives and the Comptroller General of the 
General Accounting Office prior to publication of the rule in today's 
Federal Register. This rule is not a major rule as defined by section 
804(2).

E. Petitions for Judicial Review

    Under section 307(b)(1) of the Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by August 4, 1997. 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, Hydrocarbons, 
Incorporation by reference, Intergovernmental relations, Ozone, 
Reporting and recordkeeping requirements.

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

    Dated: May 7, 1997.
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.

    2. Section 52.770 is amended by adding paragraph (c)(120) to read 
as follows:


Sec. 52.770  Identification of Plan.

* * * * *
    (c) * * *
    (120) On August 26, 1996, Indiana submitted a rule requiring an 
oxides of nitrogen (NOX) reasonably available control 
technology (RACT) rule for the Clark and Floyd Counties moderate ozone 
nonattainment area as a revision to the State Implementation Plan.
    (i) Incorporation by reference. 326 Indiana Administrative Code 10: 
Nitrogen Oxides Rules. Rule 1: Nitrogen Oxides Control in Clark and 
Floyd Counties. Section 1: Applicability, Section 2: Definitions, 
Section 3: Requirements, Section 4: Emission limits, Section 5: 
Compliance procedures, Section 6: Emissions monitoring, and Section 7: 
Certification, record keeping, and reports. Adopted by the Indiana Air 
Pollution Control Board February 7, 1996. Filed with the Secretary of 
State May 13, 1996. Published at Indiana Register, Volume 19, Number 
10, July 1, 1996. Effective June 12, 1996.
    3. Section 52.777 is amended by adding paragraph (p) to read as 
follows:


Sec. 52.777  Control strategy: Photochemical oxidants (hydrocarbon).

    * * *
    (p) On August 26, 1996, Indiana submitted a rule for the purpose of 
meeting oxides of nitrogen (NOX) reasonably available 
control technology (RACT) requirements under section 182(f) of the 
Clean Air Act (Act) for the Clark and Floyd Counties moderate ozone 
nonattainment area. The rule's NOX control requirements 
meets RACT for major sources of portland cement kilns, electric utility 
boilers, and industrial, commercial, or institutional boilers. In 
addition, on April 30, 1997, Indiana certified to the satisfaction of 
the United States Environmental Protection Agency that, to the best of 
the State's knowledge, there are no remaining major sources of 
NOX in Clark and Floyd Counties which need RACT rules. 
Indiana, therefore, has satisfied the NOX RACT requirements 
under section 182(f) of the Act for the Clark and Floyd Counties ozone 
nonattainment area.

[FR Doc. 97-14437 Filed 6-2-97; 8:45 am]
BILLING CODE 6560-50-P