[Federal Register Volume 68, Number 113 (Thursday, June 12, 2003)]
[Rules and Regulations]
[Pages 35181-35183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-14871]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[IN156-1a; FRL-7512-4]


Approval and Promulgation of State Plans for Facilities and 
Pollutants: Indiana; Plan for Controlling Emissions from Existing 
Commercial and Industrial Solid Waste Incinerators

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving the plan submitted by the Indiana Department 
of Environmental Management (IDEM) on December 20, 2002, under sections 
111(d) and 129 of the Clean Air Act (Act). This plan is designed to 
implement and enforce the federal Emission Guidelines (EG) applicable 
to existing Commercial and Industrial Solid Waste Incineration units 
(CISWI) for which construction commenced on or before November 30, 
1999.

DATES: This rule is effective on August 11, 2003 without further notice 
unless EPA receives significant adverse written comment by July 14, 
2003. If EPA receives such comments, we will publish a timely 
withdrawal of the direct final rule in the Federal Register and inform 
the public that the rule will not take effect.

ADDRESSES: Comments must be submitted to J. Elmer Bortzer, Chief, 
Regulation Development Section, Air and Radiation Division (AR-18J) 
Region 5, U.S. Environmental Protection Agency, 77 West Jackson 
Boulevard, Chicago, Illinois 60604. You may examine copies of materials 
relevant to this action during normal business hours, by appointment at 
the following locations: Environmental Protection Agency, Region 5, 
18th Floor Docket Room, 77 West Jackson Boulevard, Chicago, Illinois, 
60604.

FOR FURTHER INFORMATION CONTACT: John Paskevicz, Engineer, at (312) 
886-6084, or e-mail at [email protected], if you intend to visit 
the Region 5 office.

SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``you'' 
refer to the reader of this rule and/or to sources subject to the State 
rule, and the terms ``we'', ``us'', or ``our'' refers to EPA.

Table of Contents

I. Background
II. What does the State plan contain?
III. Does the State plan meet EPA requirements?
IV. What action is EPA taking today?
V. Statutory and Executive Order Reviews

I. Background

    On December 1, 2000, in accordance with sections 111 and 129 of the 
Act, the EPA promulgated CISWI EGs and compliance schedules for the 
control of emissions from CISWI units. See 65 FR 75362. EPA codified 
these regulations at 40 CFR part 60, subpart DDDD. Under section 
129(b)(2) of the Act and the regulations at subpart DDDD, states with 
subject sources must submit to EPA plans that implements the EGs. These 
plans must be at least as protective as the EGs, which are not 
federally enforceable until EPA approves a State plan (or adopts a 
federal plan for implementation and enforcement).
    On February 23, 2001, Region 5, EPA sent a letter to Indiana, as 
well as other States in the Region, informing the State of the need to 
develop a CISWI plan for its subject sources. We also identified the 
nine elements necessary for an approvable CISWI plan, as contained in 
40 CFR 60.2515.
    On December 20, 2002, IDEM submitted to EPA its CISWI plan. This 
submission followed public hearings on February 6, 2002 and public 
notice of the State plan on October 7, 2002. The State adopted the rule 
in final form on May 1, 2002; it became effective on September 6, 2002. 
The plan includes State rule 326 IAC 11-8, which establishes emission 
standards for existing CISWI consistent with 40 CFR part 60, subpart 
DDDD.

[[Page 35182]]

II. What Does the State Plan Contain?

    The State submittal is based on the CISWI model rule (40 CFR 
60.2575 to 60.2875) and incorporates by reference significant portions 
of that rule. As indicated in Table 1, the State plan contains the nine 
required elements.
    The State plan contained or addressed all of the elements listed in 
Section 60.2515 of the December 1, 2000, model rule. The plan 
contained:
    1. An inventory of affected CISWI units.
    2. An inventory of the emissions from each of the CISWI units.
    3. A State rule (326 IAC 11-8-2) specifying the requirement for a 
final control plan and specifying when the units must be in final 
compliance.
    4. Incorporation by reference (IBR) of EPA emission limitations, 
operator training and qualification requirements, a waste management 
plan, and operating limits for affected CISWI units.
    5. IBR for performance testing, recordkeeping, and reporting 
requirements.
    6. Certification that a hearing on the State plan was held, and a 
brief written summary of comments.
    7. A statement that the State will submit data and information 
using the EPA Aerometric Emissions Information Retrieval System.
    8. A discussion that the State chose as an enforcement mechanism, a 
State rule (326 IAC 11-8) which contains IBR of the EPA's CISWI EG.
    9. A detailed list which demonstrates the State has legal authority 
to carry out sections 111(d) and 129 of the Clean Air Act, in the State 
plan.
    The Indiana rule details the increments of progress for the 
affected CISWI. It also calls for final compliance by September 1, 
2005, and, in this regard, is somewhat more restrictive than the EPA 
requirement.

III. Does the State Plan Meet the EPA Requirements?

    EPA evaluated the CISWI State plan submitted by Indiana for 
consistency with the Act, EPA regulations and policy. EPA has 
determined that the plan meets all applicable requirements and, 
therefore, is approving it. This approval is based on our findings that 
in addition to the technical elements provided by IDEM, that:
    (a) Provided adequate public notice of public hearings for the 
proposed rulemaking that allows Indiana to carry out and enforce 
provisions that are at least as protective as the EGs for CISWIs; and,
    (b) Demonstrated legal authority to: incorporate by reference 
emission standards and compliance schedules applicable to the 
designated facilities; enforce applicable laws, regulations, standards 
and compliance schedules; seek injunctive relief; obtain information 
necessary to determine compliance; require record keeping; conduct 
inspections and tests; require the use of monitors; require emission 
reports of owners and operators; and, make emission data publicly 
available.
    Additional details concerning EPA's evaluation of the Indiana plan 
are included in the technical support file available for inspection 
from the EPA contact listed above.

IV. What Action Is EPA Taking Today?

    EPA is approving the plan which Indiana submitted on December 20, 
2002, for the control of emissions from existing CISWI sources in the 
State. EPA is publishing this approval notice without prior proposal 
because the Agency views this as a noncontroversial action and 
anticipates no adverse comments. However, in the proposed rule section 
of today's Federal Register, EPA is publishing a separate document that 
will serve as the proposal to approve the State plan in the event 
adverse comments are filed. If we do not receive any adverse comments 
by July 14, 2003 this action will be effective on August 11, 2003.

V. 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 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.).

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 (Pub. L. 104-4).

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 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 plan submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the

[[Page 35183]]

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; (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 August 11, 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 Sec.  307(b)(2).)

List of Subjects in 40 CFR Part 62

    Environmental protection, Air pollution control, Metals, Sulfur 
oxides, Particulate matter, Carbon monoxide, Acid gases, Waste 
treatment and disposal, Reporting and recordkeeping requirements.

    Dated: May 29, 2003.
Bharat Mathur,
Acting Regional Administrator, Region 5.

0
Part 62 of chapter 1, title 40, of the Code of Federal Regulations is 
amended as follows:

PART 62--[AMENDED]

0
1. The authority citation for part 62 continues to read as follows:

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

Subpart P--Indiana

0
2. A new undesignated center heading and Sec.  62.3660 are added to 
Subpart P to read as follows:

CONTROL OF AIR EMISSIONS FROM EXISTING COMMERCIAL AND INDUSTRIAL SOLID 
WASTE INCINERATOR UNITS


Sec.  62.3660  Identification of plan.

    On December 20, 2002, Indiana submitted a plan to control emissions 
from Commercial and Industrial Solid Waste Incinerators (CISWI). The 
Indiana plan incorporates by reference substantial portions of 40 CFR 
part 60, subpart DDDD, Emission Guidelines and Compliance Times for 
CISWI units built on or before November 30, 1999.

[FR Doc. 03-14871 Filed 6-11-03; 8:45 am]
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