[Federal Register Volume 67, Number 198 (Friday, October 11, 2002)]
[Rules and Regulations]
[Pages 63268-63270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-25854]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IN144-1a; FRL-7390-3]


Approval and Promulgation of Implementation Plans; Indiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving revisions to Particulate Matter (PM) control 
requirements for certain natural gas combustion sources in Indiana. EPA 
is also approving various cleanup revisions to Indiana's PM rules and 
contingency measures for the Lake County, Indiana PM nonattainment 
area. The Indiana Department of Environmental Management (IDEM) 
submitted these revisions to Title 326 of the Indiana Administrative 
Code, Section 6-1 (326 IAC 6-1) as a requested revision to the Indiana 
State Implementation Plan (SIP) on December 19, 2001. The requested SIP 
revision eliminates PM emissions limits on certain natural gas 
combustion sources in specified counties, and replaces the limits with 
a requirement that such sources may only burn natural gas. The 
requested SIP revision also contains many cleanup provisions such as 
eliminating limits for sources which have shut down and updating names 
of sources. Third, the requested SIP revision adds PM contingency 
measures for the Lake County, Indiana PM nonattainment area.

DATES: This rule is effective on December 10, 2002, unless EPA receives 
relevant adverse written comments by November 12, 2002. If adverse 
comment is received, 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 send 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 the State submittal and EPA's analysis of 
it 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: Matthew 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, (312) 886-6524.

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

Table of Contents

I. What is the EPA approving?
    a. Provisions for natural gas combustion sources.
    b. Cleanup revisions.
    c. Continuous Compliance Plan requirements.
    d. Contingency measures.
II. Analysis of the requested SIP revision.
III. What are the environmental effects of this action?
IV. EPA rulemaking action.
V. Administrative requirements.

I. What Is the EPA Approving?

    EPA is approving changes to 326 IAC 6-1 as a revision to the 
Indiana SIP. These changes eliminate PM emissions limits on certain 
natural gas combustion sources, and replace the limits with a 
requirement that such sources may only burn natural gas. The changes 
also contain many cleanup provisions such as eliminating limits for 
sources which have shut down and updating names of sources. Third, the 
changes add PM contingency measures for the Lake County, Indiana PM 
nonattainment area.

a. Provisions for Natural Gas Combustion Sources

    Revised 326 IAC 6-1-1(c) states that PM limitations shall not be 
established for combustion units that burn only natural gas at sources 
or facilities identified in sections 8.1, 9, and 12 through 18 of the 
rule, as long as the units continue to burn only natural gas.
    This revision replaces PM limitations on gas fired combustion units 
with the requirement that they only burn natural gas. Since natural gas 
combustion sources generally have very low PM emissions, enforcement of 
the ``natural gas only'' requirement will ensure that these units do 
not emit PM in excess of what would have been required under the 
previously approved rules.
    Since this revised rule does not allow increased emissions over the 
current version, this change is not expected to have an adverse effect 
on air quality. Therefore, we are approving this requested SIP 
revision.

b. Cleanup Revisions

    These revisions affect 326 IAC 6-1-1 through 6-1-6, and 6-1-8.1 
through 6-1-18. They generally consist of minor wording changes, 
updating of source and facility names, and elimination of reference to 
sources or facilities which have ceased operations. While these changes 
will not result in a decrease in actual PM emissions, removal of 
sources and facilities which have shut down will result in a decrease 
in the emissions allowed under the rules.

c. Continuous Compliance Plan Requirements

    In addition, IDEM has submitted ``Continuous Compliance Plan'' 
provisions in 326 IAC 6-1-10.1(l-v). These provisions have been a part 
of the State rules since 1993, but have not previously been submitted 
for EPA approval. These provisions required certain large sources in 
Lake County to submit ``Continuous Compliance Plans'' to the Indiana 
Department of Environmental Management by December 10, 1993. The plans 
were to contain documentation on operation and maintenance practices, a 
compliance schedule, and various recordkeeping requirements. The 
Continuous Compliance Plan provisions also contain 20% 3-minute average 
opacity limits on disposal and reclamation on iron and steel; 
maintenance of process vessels; and steel scrap burning or cutting and 
oxygen lancing operations. Approval of these regulations will 
strengthen the existing SIP.
    These revisions improve the rule and have no impact on previously 
approved emissions limitations. Therefore, we are approving these 
requested SIP revisions.

d. Contingency Measures

    Indiana has established certain PM contingency measures in 326 IAC 
6-1-11.2. The contingency measures require emissions reductions from 
Lake County sources which are ``culpable'' for an

[[Page 63269]]

exceedance of the National Ambient Air Quality Standards (NAAQS) for 
particulate matter with an aerodynamic diameter less than or equal to a 
nominal 10 micrometers (PM10). Culpability is defined as a 
contribution of 25 [mu]g/m3 for a source (entire plant) or 5 
[mu]g/m3 for a facility (individual emissions unit). If 
there is a violation of either the 24-hour average (150 [mu]g/
m3) or annual average (50 [mu]g/m3) 
PM10 NAAQS, culpable sources and facilities will be required 
to submit reduction measures to reduce actual PM10 emissions 
by 25%. Contributions are to be determined by the Indiana Department of 
Environmental Management.
    Please note that we are making no determination at this time as to 
whether these contingency measures meet applicable Clean Air Act 
requirements, but we are approving the submitted contingency measures 
for the strengthening effect they will have on the SIP.

II. Analysis of the Requested SIP Revision

    This SIP revision will not result in an increase in PM emissions, 
and several components of the revision will have a strengthening effect 
on the SIP, as discussed above. Therefore, we are approving the 
requested SIP revision.

III. What Are the Environmental Effects of This Action?

    Since this SIP revision does not relax any emissions limits it will 
not have an adverse effect on PM air quality. The elimination of limits 
on sources which have shut down will result in lower overall allowed 
emissions of PM. Also, approval of the Continuous Compliance Plan 
provisions and the Lake County Contingency Measures will strengthen the 
SIP.

IV. EPA Rulemaking Action

    We are approving, through direct final rulemaking, revisions to PM 
control requirements for natural gas combustion sources in Indiana, as 
well as various cleanup revisions to Indiana's PM rules and contingency 
measures for the Lake County, Indiana PM10 nonattainment 
area. We are publishing this action without prior proposal because we 
view this as a noncontroversial revision and anticipate no adverse 
comments. However, in a separate document in this Federal Register 
publication, we are proposing to approve the SIP revision should 
adverse written comments be filed. This action will be effective 
without further notice unless we receive relevant adverse written 
comment by November 12, 2002. Should we receive such comments, we will 
publish a final rule informing the public that this action will not 
take effect. Any parties interested in commenting on this action should 
do so at this time. If no such comments are received, this action will 
be effective on December 10, 2002.

V. 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. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). 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 tribal implications because it will 
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). This action also does not have Federalism 
implications because it does not 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). This action 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 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (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. 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. 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).
    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 December 10, 2002. 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

    Air pollution control, Environmental protection, Incorporation by 
reference, Intergovernmental relations, Particulate matter.


[[Page 63270]]


    Dated: September 19, 2002.
William E. Muno,
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)(152) to read 
as follows:


Sec.  52.770  Identification of plan.

* * * * *
    (c) * * *
    (152) On December 19, 2001, Indiana submitted revised Particulate 
Matter (PM) control requirements for certain natural gas combustion 
sources in Indiana, as well as various cleanup revisions to Indiana's 
PM rules and contingency measures for the Lake County, Indiana 
PM10 nonattainment area. The submittal eliminates PM 
emissions limits on natural gas combustion sources and replaces the 
limits with a requirement that such sources may only burn natural gas. 
The submittal also contains many cleanup provisions such as eliminating 
limits for sources which have shut down and updating names of sources. 
Third, the requested State Implementation Plan revision adds PM 
contingency measures for the Lake County, Indiana PM nonattainment 
area. (i) Incorporation by reference. Indiana Administrative Code Title 
326: Air Pollution Control Board, Article 6: Particulate Rules, Rule 1: 
Nonattainment Area Limitations, Section 1: Applicability, Section 1.5: 
Definitions, Section 2: Particulate emission limitations; fuel 
combustion steam generators, asphalt concrete plant, grain elevators, 
foundries, mineral aggregate operations; modification by commissioner, 
Section 3: Nonattainment area particulate limitations; compliance 
determination, Section 4: Compliance schedules, Section 5: Control 
strategies, Section 6: State Implementation Plan revisions, Section 
8.1: Dearborn County particulate matter emissions limitations, Section 
9: Dubois County, Section 10.1: Lake County PM10 emission 
requirements, Section 11.1: Lake County fugitive particulate matter 
control requirements, Section 11.2: Lake County particulate matter 
contingency measures, Section 12: Marion County, Section 13: Vigo 
County, Section 14: Wayne County, Section 15: Howard County, Section 
16: Vanderburgh County, Section 17: Clark County, and Section 18: St. 
Joseph County. Added at 25 In. Reg. 709. Effective December 8, 2001.

[FR Doc. 02-25854 Filed 10-10-02; 8:45 am]
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