[Federal Register Volume 66, Number 113 (Tuesday, June 12, 2001)]
[Rules and Regulations]
[Pages 31550-31552]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14610]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IN133-1a; FRL-6990-1]


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 the particulate matter (PM) 
regulations for Rolls-Royce Allison (Rolls-Royce), formerly Allison 
Engine Company. This facility is located in Marion County, Indiana. The 
Indiana Department of Environmental Management (IDEM) submitted the 
revised regulation on August 31, 2000 as a requested amendment to its 
State Implementation Plan (SIP). The revisions consist of a name change 
for the company and the addition of an alternate fuel. These requested 
SIP revisions do not change Rolls-Royce's emissions limits.

DATES: This rule is effective on August 13, 2001, unless the EPA 
receives relevant adverse written comments by July 12, 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 Number: (312) 886-6524, E-Mail 
Address: [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 changes from the current rules?
III. What supporting materials did Indiana provide?
IV. What are the environmental effects of these actions?
V. EPA rulemaking actions
VI. Administrative requirements

I. What Is the EPA Approving?

    The EPA is approving revisions to Indiana's SIP for particulate 
matter regulations for Rolls-Royce Allison in Marion County, Indiana. 
IDEM submitted the revised regulation on August 31, 2000 as an 
amendment to rule 326 IAC 6-1-12.
    The revisions consist of a name change for the company and the 
addition of landfill gas as an alternate fuel. Rolls-Royce Allison was 
formerly the Allison Engine Company. There is no change to the PM 
emissions limits.

[[Page 31551]]

II. What Are the Changes From the Current Rules?

    The company has changed its name from Allison Engine Company to 
Rolls-Royce Allison.
    Indiana has approved the addition of landfill gas as an alternate 
fuel. Landfill gas can fuel boilers 1 through 4 of plant 5 in place of 
coal, #2 fuel oil, #4 fuel oil, or natural gas. For boilers 3, 4, and 7 
through 10 of plant 8, landfill gas can substitute for #6 fuel oil, #4 
fuel oil, #2 fuel oil, and natural gas. Each cubic foot of landfill gas 
burned reduces the allowed amount of #4 fuel oil (37,142,800 gallons) 
by 0.00116 gallons.

III. What Supporting Materials Did Indiana Provide?

    Indiana provided public hearing testimony from a Rolls-Royce 
official. According to this testimony, the landfill gas project will 
reduce nitrogen oxides emissions by 12.6 tons per year (TPY) from the 
Rolls-Royce facility and 17 TPY from the nearby Southside Landfill. The 
landfill gas is being flared on-site. The particulate matter emissions 
will not increase. Landfill gas use will reduce the burning of fossil 
fuels.
    Rolls-Royce Allison found the heating value of the landfill gas is 
approximately 512 British Thermal Units per cubic foot (BTU/ft\3\). 
Using an emissions factor of 0.014 pounds per million British Thermal 
Units (lb/MMBTU), the maximum particulate emissions from burning 
landfill gas, measured as total suspended particulate (TSP), is about 
115 TPY. This is below the current particulate matter emissions limit 
of 130 TPY of TSP.

IV. What Are the Environmental Effects of These Actions?

    This SIP revision will result in no increase of particulate matter 
emissions from Rolls-Royce Allison. The use of landfill gas may even 
decrease PM emissions. Burning landfill gas instead of fossil fuels 
also creates a reduction in emissions of nitrogen oxides. Nitrogen 
oxides are precursor pollutants to ground-level ozone and fine 
particulate formation. Also, the use of landfill gas in place of coal 
or fuel oil should reduce sulfur oxide emissions. Sulfur oxides 
emissions lead to acid rain and fine particulate matter. Emissions of 
methane, a known greenhouse gas, to the atmosphere from the landfill 
will be reduced by approving these actions.

V. EPA Rulemaking Actions

    The EPA is approving, through direct final rulemaking, revisions to 
the particulate matter emissions regulations for Rolls-Royce Allison in 
Marion County, Indiana. These revisions change the name of the Allison 
Engine Company to Rolls-Royce Allison. These revisions also include the 
addition of landfill gas as alternate fuel. Landfill gas can fuel 
boilers 1 through 4 of plant 5 in place of coal, #2 fuel oil, #4 fuel 
oil, or natural gas. For boilers 3, 4, and 7 through 10 of plant 8, 
landfill gas can substitute for #6 fuel oil, #4 fuel oil, #2 fuel oil, 
and natural gas. Each cubic foot of landfill gas burned reduces the 
allowed amount of #4 fuel oil (37,142,800 gallons) by 0.00116 gallons. 
Boilers 5 and 6 of plant 8 may not operate.
    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 August 13, 2001 without further notice 
unless we receive relevant adverse written comment by July 12, 2001. If 
the EPA receives adverse 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 (Public Law 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 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. section 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.

[[Page 31552]]

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. section 804(2). This rule will be effective August 13, 2001 
unless EPA receives adverse written comments by July 12, 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 August 13, 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.

    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)(140) to read 
as follows:


Sec. 52.770  Identification of plan.

* * * * *
    (c) * * *
    (140) On August 31, 2000, Indiana submitted revised particulate 
matter emissions regulations for Rolls-Royce Allison in Marion County, 
Indiana. The submittal amends 326 IAC 6-1-12(a). It includes a name 
change for the company from the Allison Engine Company to Rolls-Royce 
Allison and the addition of an alternate fuel, landfill gas. Landfill 
gas can be used in boilers 1 through 4 of plant 5 and boilers 3, 4, and 
7 through 10 of plant 8. These state implementation plan revisions do 
not change the particulate matter emissions limits.
    (i) Incorporated by reference. Amendments to Indiana Administrative 
Code Title 326: Air Pollution Control Board, Article 6: Particulate 
Rules, Rule 1: Non-attainment Area Limitations, Section 12: Marion 
County, subsection (a). Filed with the Secretary of State on May 26, 
2000 and effective on June 25, 2000. Published in 23 Indiana Register 
2419 on July 1, 2000.

[FR Doc. 01-14610 Filed 6-11-01; 8:45 am]
BILLING CODE 6560-50-P