[Federal Register Volume 67, Number 236 (Monday, December 9, 2002)]
[Rules and Regulations]
[Pages 72844-72846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30937]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IN146-1a; FRL-7411-7]


Approval and Promulgation of State Implementation Plans; Indiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is approving as a revision to the Indiana particulate 
matter (PM) State Implementation Plan (SIP) emission control 
regulations that pertain to Knauf Fiber Glass (Knauf) which is located 
in Shelbyville, Indiana, as requested by the State of Indiana on 
October 17, 2002. This submission makes changes to federally 
enforceable Indiana air pollution control rules. The rule revisions 
modify the PM emissions limits adopted by the State in the 1980s which 
are part of the current Indiana SIP. The revised rules delete 
references to equipment no longer in use by Knauf and update names of 
remaining

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equipment. Because the revised rules reduce both allowable emissions 
and the allowable emissions rate and reflect current operations atthe 
Knauf facility, EPA approval of these revisions should not result in an 
adverse impact on air quality.

DATES: This direct final rule is effective on February 7, 2003 without 
further notice unless EPA receives adverse written comments by January 
8, 2003. If adverse comment is received, EPA will publish a timely 
withdrawal of this direct final rule in the Federal Register and inform 
the public that the rule will not take effect.

ADDRESSES: 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.
    A copy of the SIP revision request is available for inspection at 
the Environmental Protection Agency, Region 5, Air and Radiation 
Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. (Please 
telephone Randolph Cano at (312) 886-6036 before visiting the Region 5 
Office.)

FOR FURTHER INFORMATION CONTACT: Randolph Cano, Environmental 
Protection Specialist, Regulation Development Section, Air Programs 
Branch (AR-18J), EPA, Region 5, Chicago, Illinois 60604, (312) 886-
6036.

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

Table of Contents

I. What Is the Background for This Action?
II. What Changes Are Being Made to the State Rule?
III. What Is EPA's Rulemaking Action?
IV. Administrative Requirements.

I. What Is the Background for This Action?

    On October 17, 2002, Lori F. Kaplan, Commissioner of the Indiana 
Department of Environmental Management, submitted to EPA a requested 
amendment to the Indiana SIP. This amendment consisted of revisions to 
Title 326, Air Pollution of the Indiana Administrative Code (326 IAC). 
These changes to 326 IAC 11-4-5 were adopted final by the Indiana Air 
Pollution Control Board on May 1, 2002, filed with the Secretary of 
State on August 28, 2002 and became effective on September 27, 2002. 
They were published in the Indiana Register on October 1, 2002 (26 IR 
10). The amendments update references to equipment to reflect current 
operations and delete references to equipment that no longer exists, 
along with their associated emissions limits, at the Knauf facility 
located in Shelbyville, Indiana.

II. What Changes Are Being Made to the State Rule?

    The revised rule removes references to emission points which are no 
longer operational at Knauf and renames several other emission points. 
Specifically, Indiana deleted from the rule references to 203 oven, 304 
oven, 1101 oven, 1102 oven, 1103 oven, 1104 oven, 1110 oven, 1111 oven 
203 furnace, and 203 forming. Indiana renamed the 204 oven as the 605 
oven, with no change in its maximum hourly PM emission rate of eight 
pounds per hour. Indiana renamed the 204 furnace as the 605 furnace, 
with no change in its maximum hourly PM emission rate of 10 pounds per 
hour. Indiana has renamed the 204 forming operation as 605 forming with 
no change in its maximum hourly PM emission rate of 15 pounds per hour.
    Three emission points continue to be listed in the revised rule 
with the same emission limits they had in the previous rule: 601 
forming plus oven, with a maximum hourly PM emission limit of 28.28 
pounds per hour, 603 forming plus oven, with a maximum hourly PM 
emission limit of 16.49 pounds per hour, and 602 forming plus oven with 
a maximum hourly PM emission limit of 33.27 pounds per hour.
    These revised rules reduce both allowable emissions and the 
allowable emissions rate. The revisions also reflect current operations 
at the Knauf facility. Consequently, EPA approval of these changes 
should not result in an adverse impact on air quality. In fact, EPA 
estimates a PM emission reduction of 155 tons per year.

III. What Is EPA's Rulemaking Action?

    EPA is approving the incorporation of 326 IAC 11-4-5 Shelby County, 
as revised, into the Indiana SIP. The rule revisions modify the 
emissions limits adopted by the State in the 1980s which are part of 
the current Indiana SIP. The revised rules delete references to 
equipment no longer in use by Knauf and update names of equipment which 
remains in use. Because the revised rules reduce both allowable 
emissions and the allowable emissions rate and reflect current 
operations at the Knauf facility, EPA approval of these revisions 
should not result in an adverse impact on air quality.
    EPA is publishing this action without prior proposal because we 
view this as a noncontroversial revision and we anticipate no adverse 
comments. However, in a separate document in this Federal Register 
publication, EPA is proposing to approve the State's SIP revision 
request should adverse written comments be filed. This action will be 
effective without further notice unless EPA receives relevant adverse 
written comment by January 8, 2003. Should EPA 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 comments are received, the public is 
advised that this action will be effective on February 7, 2003.

IV. 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 (Public Law 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

[[Page 72846]]

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. 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. Section 804 exempts from section 801 the following types 
of rules: (1) Rules of particular applicability; (2) rules relating to 
agency management or personnel; and (3) rules of agency organization, 
procedure, or practice that do not substantially affect the rights or 
obligations of non-agency parties. 5 U.S.C. 804(3). EPA is not required 
to submit a rule report regarding this action under section 801 because 
this is a rule of particular applicability.
    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 February 7, 2003. 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, Administrative practice and procedure, 
Air pollution control, Incorporation by reference, Intergovernmental 
relations, Particulate matter, Reporting and recordkeeping 
requirements.

    Dated: November 7, 2002.
Bharat Mathur,
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)(155) to read 
as follows:


Sec.  52.770  Identification of plan.

    (c) * * *
    (155) On October 17, 2002, the State submitted revised particulate 
matter emission limits for the Knauf Fiber Glass in Shelby County for 
incorporation into the Indiana SIP.
    (i) Incoropration by reference.
    (A) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 11 Emission Limitations for Specific Types of 
Operations, Rule 4 Fiberglass Insulation Manufacturing, Paragraph 5 
Shelby County (326 IAC 11-4-5). Adopted by the Indiana Air Pollution 
Control Board on May 1, 2002. Filed with the Secretary of State on 
August 28, 2002. Published in the Indiana Register, Volume 26, Number 
1, October 1, 2002, effective September 27, 2002.

[FR Doc. 02-30937 Filed 12-6-02; 8:45 am]
BILLING CODE 6560-50-P