[Federal Register Volume 66, Number 105 (Thursday, May 31, 2001)]
[Rules and Regulations]
[Pages 29493-29495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13502]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IN126-1a; FRL-6986-2]


Approval and Promulgation of Implementation Plans; Indiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is approving revisions to particulate matter (PM) 
emissions regulations for Johns Manville Corporation (Johns Manville). 
This facility is located in Wayne County, Indiana. The Indiana 
Department of Environmental Management (IDEM) submitted the revised 
regulations on December 30, 1999 as an amendment to Indiana's State 
Implementation Plan (SIP). The revisions consist of increasing seven 
long-term limits, decreasing one short-term limit, removing an 
emissions source, and changing the company's name. The Johns Manville 
facility can operate up to 8760 hours annually with these revisions.

DATES: This rule is effective on July 30, 2001, unless the EPA receives 
relevant adverse written comments by July 2, 2001. If adverse comment 
is received, the EPA will publish a timely withdrawal of the rule in 
the Federal Register and inform the public that the rule will not take 
effect.

ADDRESSES: You should mail written comments to: J. Elmer Bortzer, 
Chief, Regulation Development Section, Air Programs Branch (AR-18J), 
U.S. Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604.
    You may inspect copies of Indiana's submittal at: Regulation 
Development Section, Air Programs Branch (AR-18J), U.S. Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604.

FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer, 
Regulation Development Section, Air Programs Branch (AR-18J), U.S. 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, Telephone: (312) 886-6524, E-Mail: 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' are used we mean the EPA.

Table of Contents

I. What is the EPA approving?
II. What are the limit changes from the current rules?
III. What is the EPA's analysis of supporting materials provided by 
Indiana?
IV. What are the environmental effects of these actions?
V. EPA rulemaking actions.
VI. Administrative requirements.

[[Page 29494]]

I. What Is the EPA Approving?

    The EPA is approving revisions to the particulate matter emissions 
regulations for Johns Manville, which operates a fiberglass insulation 
manufacturing facility in Wayne County, Indiana. IDEM submitted the 
revisions on December 30, 1999 as an amendment to Indiana's SIP.
    The revisions consist of the relaxation of seven long-term 
emissions limits, the tightening of one short-term limit, the removal 
of one emissions source, and the changing of the company's name from 
Schuller International, Inc. IDEM predicts that these revisions will 
result in a potential increase in ambient concentrations of particulate 
matter. Analysis shows, however, that there are no anticipated 
exceedances of the PM National Ambient Air Quality Standards (NAAQS) or 
violations of the applicable Prevention of Significant Deterioration 
(PSD) increment.

II. What Are the Limit Changes From the Current Rules?

    Indiana has removed the emissions limits for one source which is no 
longer at the facility, and relaxed the long-term emissions limits for 
seven other sources. In addition, Indiana has tightened one short-term 
limit.
    Indiana eliminated both the long and short-term emissions limits 
for the Unit 112 Curing Oven (IDEM source ID 18P) because the equipment 
was removed from the Johns Manville facility.
    Indiana relaxed seven long-term limits in order to allow the 
facility to operate 8760 hours per year. The relaxed long-term limits 
are:

------------------------------------------------------------------------
                                                Previous       Revised
                  Source ID                       limit         limit
------------------------------------------------------------------------
15P.........................................     1.0 TPY       1.5 TPY
17P.........................................     0.1           3.9
19P.........................................    19.5          27.4
20P.........................................     4.0           6.2
21P.........................................    31.2          58.3
22P.........................................    58.5         123.6
23P.........................................    15.6          45.4
------------------------------------------------------------------------

    The sources are a Natural Gas Boiler (15P), the Line 6 Electric 
Melt Furnace (17P), the curing ovens for Line 3 (19P) and Line 6 (20P), 
and the three forming line processes for Line 2 (21P), Line 3 (22P), 
and Line 6 (23P). The long-term emissions limit for the Lines 2 and 3 
Natural Gas Melt Furnaces (16P) remains unchanged. The total long-term 
emissions limit is 274.1 TPY. This is an increase of 116.9 TPY over the 
former total long-term emissions limit of 157.2 TPY.
    Indiana tightened the boiler's (15P) short-term emissions limit 
from 0.150 to 0.0137 pounds per million British thermal units (lb/
MMBtu). The reduction is a result of switching the fuel from oil to 
natural gas. The total short-term limits are 0.0137 lb/MMBtu for the 
boiler and 0.13 grains per dry standard cubic foot (gr/dscf) for all 
other sources. A reduction of 0.025 gr/dscf to the total emissions 
limit is a result of the removal of the Unit 112 Curing Oven (source 
18P).

III. What Is the EPA's Analysis of Supporting Materials Provided by 
Indiana?

    Indiana submitted the results of an air quality analysis. Only the 
portions regarding particulate matter were considered for this 
rulemaking. Although the SIP particulate matter limits are stated as 
Total Suspended Particulate (TSP), the ambient standards are expressed 
as particulate matter less than 10 m diameter (PM-10). As all 
particulate matter emitted from the Johns Manville facility is PM-10, 
PM-10 emissions were used in the analysis. The maximum ambient 
concentrations of PM-10 were modeled to be 127.2 g/
m3 for the 24-hour average and 36.4 g/m3 
for the annual average. The NAAQS for PM-10 are 150 g/
m3 (24-hour) and 50 g/m3 (annual). Wayne 
County, Indiana is in attainment of the particulate matter NAAQS.
    The air quality analysis also indicated that this SIP revision is 
not expected to exceed the applicable PSD increment. The PSD increments 
for Wayne County are 30 g/m3 (24-hour) and 17 
g/m3 (annual). The modeled concentrations are 23.5 
g/m3 (24-hour) and 0 g/m3 
(annual). Five years of meteorological data (1986-1990) were used to 
model the NAAQS and PSD averages. The analysis found no modeled NAAQS 
violations and no exceedances of the applicable PSD increment. The EPA 
has analyzed Indiana's submittal and has determined that it is 
acceptable.

IV. What Are the Environmental Effects of These Actions?

    Particulate matter interferes with lung function when inhaled. 
Exposure to it can cause heart and lung disease. Particulate matter 
also aggravates asthma. Airborne particulate reduces visibility. The 
Johns Manville facility does increase its PM emissions with these SIP 
revisions. The revisions meet the PSD conditions, meaning that the 
increases are not expected to harm ambient air quality in the Wayne 
County area. The air quality modeled analysis indicates that the 
approved PM emissions increase will not create a violation of the 
NAAQS.

V. EPA Rulemaking Actions

    The EPA is approving, through direct final rulemaking, revisions to 
the particulate atter emissions regulations for Johns Manville in Wayne 
County, Indiana. These revisions change the name of Schuller 
International, Incorporated to the Johns Manville Corporation. Other 
revisions consist of raising seven long-term limits, lowering one 
short-term limit, and removing an emissions source. These SIP revisions 
allow Johns Manville to operate its facility full time.
    We are publishing this action without a prior proposal because we 
view these as noncontroversial revisions and anticipate no adverse 
comments. However, in the ``Proposed Rules'' section of today's Federal 
Register, we are publishing a separate document that will serve as the 
proposal to approve the SIP revision if adverse comments are filed. 
This rule will be effective on July 30, 2001 without further notice 
unless we receive relevant adverse written comment by July 2, 2001. If 
the EPA receives adverse written comment, we will publish a final rule 
informing the public that this rule will not take effect. We will 
address all public comments in a subsequent final rule based on the 
proposed rule. The EPA does not intend to institute a second comment 
period on this action. Any parties interested in commenting on these 
actions must do so at this time.

VI. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. This action 
merely approves state law as meeting federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4). This rule also does not 
have a substantial direct effect on one or more Indian tribes, on the 
relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the

[[Page 29495]]

Federal Government and Indian tribes, as specified by Executive Order 
13175 (65 FR 67249, November 9, 2000), nor will it have substantial 
direct effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it 
merely approves a state rule implementing a federal standard, and does 
not alter the relationship or the distribution of power and 
responsibilities established in the Clean Air Act. This rule also is 
not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), 
because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing 
this rule, EPA has taken the necessary steps to eliminate drafting 
errors and ambiguity, minimize potential litigation, and provide a 
clear legal standard for affected conduct. EPA has complied with 
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the 
takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the executive order. 
This rule does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit 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 United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2). This rule will be effective July 30, 2001 unless EPA receives 
adverse written comments by July 2, 2001.
    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 July 30, 2001. 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, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: May 9, 2001.
Norman Neidergang,
Acting Regional Administrator, Region 5.

    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 et seq.

Subpart P--Indiana

    2. Section 52.770 is amended by adding paragraph (c)(139) to read 
as follows:


Sec. 52.770  Identification of plan.

* * * * *
    (c) * * *
    (139) On December 30, 1999, Indiana submitted revised total 
suspended particulate emissions regulations for Johns Manville 
Corporation in Wayne County. The submittal appends 326 IAC 6-1-14. It 
includes raising seven long-term emissions limits, lowering one short-
term limit, removing one emissions source, and a name change for the 
company. The long-term limits are being raised to allow to facility to 
operate 8760 hours annually. Switching fuel for a boiler allows its 
short-term limit to be decreased. One emissions source was removed from 
this facility. The Johns Manville, Wayne County, facility was formerly 
known as Schuller International, Incorporated.
(i) Incorporation by reference.
    Emissions limits for Johns Manville Corporation in Wayne County 
contained in Indiana Administrative Code Title 326: Air Pollution 
Control Board, Article 6: Particulate Rules, Rule 1: Non-attainment 
Area Limitations, Section 14: Wayne County. Filed with the Secretary of 
State on September 24, 1999, and effective on October 24, 1999. 
Published in 23 Indiana Register 301 on November 1, 1999.

[FR Doc. 01-13502 Filed 5-30-01; 8:45 am]
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