[Federal Register Volume 68, Number 47 (Tuesday, March 11, 2003)]
[Rules and Regulations]
[Pages 11472-11474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5741]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[IN147-1a; FRL-7464-6]


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 the removal of the State rule controlling 
fluoride emission limitations from existing primary aluminum plants as 
a revision to the plan for control of fluoride emissions from existing 
primary aluminum plants (plan), as requested by the State of Indiana on

[[Page 11473]]

October 17, 2002, and January 22, 2003. Indiana has replaced this rule 
with another regulation which incorporates by reference current Federal 
requirements into the Indiana Administrative Code. The rule being 
removed applies to a single source, Aluminum Company of America 
(ALCOA), located in Warrick County. Because ALCOA remains subject to 
more stringent Federal requirements, EPA approval should not result in 
an adverse impact on air quality.

DATES: This direct final rule is effective on May 12, 2003, without 
further notice unless EPA receives adverse written comments by April 
10, 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 plan 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. Statutory and Executive Order Reviews.

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 plan. Indiana's request was clarified in a 
January 22, 2003, letter to EPA. This amendment consisted of revisions 
to title 326 of the Indiana Administrative Code (326 IAC) in which the 
Indiana Air Pollution Control Board repealed 326 IAC 11-5, regulating 
fluoride emissions from existing aluminum plants. Indiana repealed this 
rule on June 5, 2002, and filed that action with the Secretary of State 
on August 28,2002. It became effective on September 27, 2002, and was 
published in the Indiana Register on October 1, 2002 (26 IR 10).
    The State originally adopted the rule regulating fluoride emissions 
from aluminum plants in 1981 as a standard of performance for existing 
sources under section 111(d) of the Clean Air Act (Act). Indiana 
submitted the rule to EPA for approval on January 21, 1981. EPA 
approved the State submittal as satisfying section 111(d) requirements 
and incorporated it into the Plan on November 27, 1981 (46 FR 57893).
    On October 7, 1997, EPA adopted a more stringent rule controlling 
emissions from primary aluminum plants, under its National Emission 
Standards for Hazardous Air Pollutants (NESHAP) program. See 40 CFR 
part 63, subpart LL. (62 FR 52384) The State adopted these newer, more 
stringent NESHAP requirements using Incorporation by Reference 
procedures on May 21, 2002. See 326 IAC 20-24. Because some of the 
control and monitoring requirements in 326 IAC 11-5 are different from 
those in the Federal NESHAP rules, the State repealed 326 IAC 11-5 on 
June 5, 2002. In a January 22, 2003, letter, the State clarified that 
it intended to replace 326 IAC 11-5 the control strategy in the 
original plan with the NESHAP requirements it incorporated by reference 
in the IAC as 326 IAC 20-24.

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

    Rule 326 IAC 11-5 is being removed from the Indiana plan. As a 
result, ALCOA, the only source which had been subject to this State 
rule, will continue to be subject to 326 IAC 20-24, which incorporates 
the Federal NESHAP into the Indiana Administrative Code. On January 22, 
2003, the State clarified its intent to replace rule 326 IAC 11-5 as 
the control strategy in its 111(d) plan for controlling fluoride 
emissions from existing aluminum plants with the NESHAP for controlling 
fluoride emissions from primary aluminum plants which was promulgated 
by EPA on October 7, 1987 (62 FR 52384).

III. What Is EPA's Rulemaking Action?

    EPA is approving the removal of 326 IAC 11-5 from the Indiana plan 
and the replacement of this Rule as the emissions control strategy with 
the Federal NESHAP promulgated October 7, 1997 (62 FR 52384) . Because 
the only subject source remains obligated to comply with more stringent 
NESHAPS requirements, EPA approval of this change 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 Plan revision 
request should adverse written comments be filed. This action will be 
effective without further notice unless EPA receives relevant adverse 
written comment by April 10, 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 May 12, 2003.

IV. Statutory and Executive Order Reviews

Executive Order 12866; Regulatory Planning and Review

    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.

Executive Order 13211: Actions That Significantly Affect Energy Supply, 
Distribution, or Use

    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).

Regulatory Flexibility Act

    This action merely approves state regulations as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by state regulations. 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.).

Unfunded Mandates Reform Act

    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).

[[Page 11474]]

Executive Order 13175 Consultation and Coordination with Indian Tribal 
Governments

    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).

Executive Order 13132 Federalism

    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.

Executive Order 13045 Protection of Children from Environmental Health 
and Safety Risks

    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.

National Technology Transfer Advancement Act

    In reviewing plan 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 plan submission for failure to use VCS. It would thus 
be inconsistent with applicable law for EPA, when it reviews a plan 
submission, to use VCS in place of a plan 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.

Paperwork Reduction Act

    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.).

Congressional Review Act

    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 May 12, 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 62

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Aluminum, Fluoride, Intergovernmental relations, 
Reporting and recordkeeping requirements.

    Dated: February 27, 2003.
Bharat Mathur,
Acting Regional Administrator, Region 5.

    For the reasons stated in the preamble, part 62, chapter I, title 
40 of the Code of Federal Regulations is amended as follows:

PART 62--[AMENDED]

    1. The authority citation for part 62 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart P--Indiana

    2. Section 62.3625 is amended by adding paragraph (d) to read as 
follows:


Sec.  62.3625  Identification of Plan.

* * * * *
    (d) On October 17, 2002, and January 22, 2003, the State notified 
EPA that it is revising the control strategy for this plan. Rule 326 
IAC 11-5 is removed as the control strategy for this plan and the 
Federal NESHAP for controlling fluoride emissions from primary aluminum 
reduction plants promulgated on October 7, 1997 (62 FR 52384), and 
codified at 40 CFR part 63, subpart LL is the revised control strategy 
for this plan.
[FR Doc. 03-5741 Filed 3-10-03; 8:45 am]
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