[Federal Register Volume 68, Number 179 (Tuesday, September 16, 2003)]
[Proposed Rules]
[Pages 54182-54186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23592]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IN144-3; FRL-7559-1]


Approval and Promulgation of Implementation Plans; Indiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve revisions to particulate matter 
(PM) control requirements for certain Indiana natural gas combustion 
sources subject to 326 Indiana Administrative Code (IAC) 6-1, Indiana's 
PM regulations. EPA is also proposing to approve various cleanup 
revisions to this rule.
    The revision primarily concerns PM limits for combustion sources 
that burn natural gas and are located in certain Indiana counties. 
Other revisions to the rule are minor rewording changes, the updating 
of source and facility names, and the elimination of references to 
sources that have shut down. EPA is proposing to approve the requested 
revisions.

DATES: The EPA must receive written comments by October 16, 2003.

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.
    Comments may also be submitted electronically, or through hand 
delivery/courier, please follow the detailed instructions described in 
Part(I)(B) of the SUPPLEMENTARY INFORMATION section.
    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: (312) 886-6524, e-mail: 
[email protected].

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

Table of Contents

I. General Information
II. Background
III. What is the EPA proposing to approve?
    A. Provisions for natural gas combustion sources
    B. Cleanup revisions
IV. What is the EPA's analysis of the requested revisions?
V. What are the environmental effects of these actions?
VI. Public comments
VII. Summary of EPA action
VIII. Statutory and Executive Order Reviews

I. General Information

A. How Can I Get Copies of This Document and Other Related Information?

    1. The Regional Office has established an official public 
rulemaking file available for inspection at the Regional Office. EPA 
has established an official public rulemaking file for this action 
under ``Region 5 Air Docket IN144.''

[[Page 54183]]

The official public file consists of the documents specifically 
referenced in this action, any public comments received, and other 
information related to this action. Although a part of the official 
docket, the public rulemaking file does not include Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. The official public rulemaking file is the 
collection of materials that is available for public viewing at the Air 
Programs Branch, Air and Radiation Division, EPA Region 5, 77 West 
Jackson Boulevard, Chicago, Illinois 60604. EPA requests that if at all 
possible, you contact the contact listed in the FOR FURTHER INFORMATION 
CONTACT section to schedule your inspection. The Regional Office's 
official hours of business are Monday through Friday, 8:30 to 4:30 
excluding Federal holidays.
    2. Electronic Access. You may access this Federal Register document 
electronically through the regulations.gov Web site located at http://www.regulations.gov where you can find, review, and learn how to submit 
comments on Federal rules that have been published in the Federal 
Register, the Government's legal newspaper, and that are open for 
comment.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing at the EPA Regional Office, 
as EPA receives them and without change, unless the comment contains 
copyrighted material, CBI, or other information whose disclosure is 
restricted by statute. When EPA identifies a comment containing 
copyrighted material, EPA will provide a reference to that material in 
the version of the comment that is placed in the official public 
rulemaking file. The entire printed comment, including the copyrighted 
material, will be available at the Regional Office for public 
inspection.

B. How and to Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate rulemaking identification number by including the text 
``Public comment on proposed rulemaking Region 5 Air Docket IN144'' in 
the subject line on the first page of your comment. Please ensure that 
your comments are submitted within the specified comment period. 
Comments received after the close of the comment period will be marked 
``late.'' EPA is not required to consider these late comments.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. Also include this contact information on the outside 
of any disk or CD ROM you submit, and in any cover letter accompanying 
the disk or CD ROM. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information 
provided in the body of a comment will be included as part of the 
comment that is placed in the official public docket. If EPA cannot 
read your comment due to technical difficulties and cannot contact you 
for clarification, EPA may not be able to consider your comment.
    i. E-mail. Comments may be sent by electronic mail (e-mail) to 
[email protected]. Please include the text ``Public comment on 
proposed rulemaking Region 5 Air Docket IN144'' in the subject line. 
EPA's e-mail system is not an ``anonymous access'' system. If you send 
an e-mail comment directly without going through regulations.gov, EPA's 
e-mail system automatically captures your e-mail address. E-mail 
addresses that are automatically captured by EPA's e-mail system are 
included as part of the comment that is placed in the official public 
docket.
    ii. Regulations.gov. Your use of regulations.gov is an alternative 
method of submitting electronic comments to EPA. Go directly to 
regulations.gov at http://www.regulations.gov, then click on the button 
``TO SEARCH FOR REGULATIONS CLICK HERE'', and select Environmental 
Protection Agency as the Agency name to search on. The list of current 
EPA actions available for comment will be listed. Please follow the 
online instructions for submitting comments. The system is an 
``anonymous access'' system, which means EPA will not know your 
identity, e-mail address, or other contact information unless you 
provide it in the body of your comment.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in Section 2, directly 
below. These electronic submissions will be accepted in WordPerfect, 
Word or ASCII file format. Avoid the use of special characters and any 
form of encryption.
    2.  By Mail. Send your 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. Please include the text ``Public comment on 
proposed rulemaking Regional Air Docket IN144'' in the subject line on 
the first page of your comment.
    3. By Hand Delivery or Courier. Deliver your 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, 18th floor, Chicago, Illinois 60604. Such deliveries 
are only accepted during the Regional Office's normal hours of 
operation. The Regional Office's official hours of business are Monday 
through Friday, 8:30 to 4:30 excluding Federal holidays.

C. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI 
electronically to EPA. You may claim information that you submit to EPA 
as CBI by marking any part or all of that information as CBI (if you 
submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is CBI). Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the official public regional rulemaking file. If you submit the copy 
that does not contain CBI on disk or CD ROM, mark the outside of the 
disk or CD ROM clearly that it does not contain CBI. Information not 
marked as CBI will be included in the public file and available for 
public inspection without prior notice. If you have any questions about 
CBI or the procedures for claiming CBI, please consult the person 
identified in the FOR FURTHER INFORMATION CONTACT section.

D. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.

[[Page 54184]]

    2. Describe any assumptions that you used.
    3. Provide any technical information and/or data you used that 
support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at your estimate.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternatives.
    7. Make sure to submit your comments by the comment period deadline 
identified.
    8. To ensure proper receipt by EPA, identify the appropriate 
regional file/rulemaking identification number in the subject line on 
the first page of your response. It would also be helpful if you 
provided the name, date, and Federal Register citation related to your 
comments.

II. Background

    Indiana submitted a State Implementation Plan (SIP) request to EPA 
on December 19, 2001. This request sought approval of provisions for 
certain natural gas combustion sources, cleanup provisions, and other 
changes to 326 IAC 6-1. EPA published a proposed and a direct final 
rule to approve the requested revisions in the Federal Register on 
October 11, 2002 (67 FR 63268-70, 63353). EPA received an adverse 
comment on the rule from Ispat Inland, Inc. concerning the inclusion of 
326 IAC 6-1-10.1(l) through (v), Continuous Compliance Plan 
requirements for Lake County, Indiana. As a result of this adverse 
comment, EPA published a withdrawal of the direct final rule in the 
November 27, 2002 Federal Register (67 FR 70850).
    On January 19, 2002, Indiana revised 326 IAC 6-1, to delete 
subsection 1(b), which concerned the relationship between the 
limitations in that rule and emission limitations established in 
certain State operating permits. This action also included 
realphabetizing sections 1(c) and 1(d) to 1(b) and 1(c) respectively. 
Subsection 1(b) was deleted for consistency purposes based on changes 
made to the part 70 program, as described in the Indiana Part 70 
Submittal dated March 20, 2002. The revision made to the rule by 
deleting the original 326 IAC 6-1-1(b) will not be evaluated in this 
rulemaking action. For this SIP revision request, EPA will only be 
evaluating the new rule 6-1-1 subsections (a), (b), and (c) (formerly 
(a), (c), and (d)). In addition, by letter of March 17, 2003 to EPA, 
Indiana requested that EPA take no further action on the continuous 
compliance plan provisions in 326 IAC 6-1-10.1(l) through (v) and the 
Lake County contingency particulate matter contingency measures in 326 
IAC 6-1-11.2.

III. What Is the EPA Proposing To Approve?

    EPA is proposing to approve changes to 326 IAC 6-1 as revisions to 
the Indiana SIP. These revisions include exempting certain natural gas 
combustion sources from PM emissions limits and replacing the limits 
with a requirement that such sources may only burn natural gas. The 
other changes consist of certain cleanup provisions, such as removing 
limits for sources that have shut down and updating names of sources.

A. Provisions for Natural Gas Combustion Sources

    Revised 326 IAC 6-1-1(b) 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. The 
provisions of 326 IAC 6-1-1(b) apply to sources in Clark, Dearborn, 
Dubois, Howard, Marion, St. Joseph, Vanderburgh, Vigo, and Wayne 
counties.
    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. Revised 6-1-1(c) states that if the emission 
limits in sections 2 and 8.1 through 18 conflict with or are 
inconsistent with new source performance standards established in 326 
IAC 12, then the more stringent limitations apply.
    In addition, since this revised rule does not allow increased 
emissions over the current limits, this change is not expected to have 
an adverse effect on air quality. Therefore, EPA is proposing to 
approve this requested SIP revision.

B. Cleanup Revisions

    These revisions affect several sections of 326 IAC 6-1. They are 
sections 1(a), 1.5, 2 through 6, 8.1, 9, 10.1(a) through (k), 11.1, and 
12 through 18. They generally consist of adding definitions, minor 
wording changes, updating of source and facility names, and elimination 
of reference to sources or facilities that have shut down. While these 
changes will not result in a decrease in actual PM emissions, removal 
of sources and facilities that have shut down will result in a decrease 
in the emissions allowed under the rules. EPA is also proposing to 
approve the cleanup revisions into the SIP.

IV. What Is the EPA's Analysis of the Requested Revisions?

    The primary revision replaces PM limitations on gas-fired 
combustion units with the requirement that they only burn natural gas. 
PM emissions from sources burning natural gas are typically very low. 
The AP-42 emission factor from natural gas combustion for filterable PM 
is 1.9 pounds per million standard cubic feet of natural gas. This is 
equivalent to 0.00186 pounds per million British Thermal Units. EPA 
assumes that all PM resulting from natural gas combustion is less than 
one micrometer ([mu]m) in diameter. Therefore, the AP-42 PM emission 
factor is also a valid estimate of PM less than 10 [mu]m diameter(PM-
10) emissions. The addition of 326 IAC 6-1-1(b) is not expected to harm 
air quality because natural gas burns with low PM emissions. Therefore, 
the emissions will not exceed the current limits.
    Additional revisions to other portions of 326 IAC 6-1 help clean up 
the rule. These revisions consist of adding definitions, minor 
rewording, updating of source and facility names, and elimination of 
reference to sources that have shut down. The rewording of the rule 
helps increase its clarity. Some facilities and sources have changed 
their names since the last update of the rule. These revisions update 
the name of those facilities and sources. Indiana has requested that 
EPA delete from the rule sources that have shut down. The updates and 
deletions will keep the SIP current.

V. What Are the Environmental Effects of These Actions?

    Particulate matter interferes with lung function when inhaled. 
Exposure to PM can cause heart and lung disease. PM also aggravates 
asthma and bronchitis. Airborne particulate is the main source of haze 
that causes a reduction in visibility. It also is deposited on the 
ground and in the water. This harms the environment by changing the 
nutrient and chemical balance.
    The addition of 326 IAC 6-1-1(b) will not cause sources to emit PM 
in excess of the emission limits because natural gas burns with low PM 
emissions. Since this SIP revision does not relax any emissions limits 
it will not have an adverse effect on air quality. Also, the 
elimination of limits on sources that have shut down will result in 
lower overall allowed PM emission limits.

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VI. Public Comments

    Any public comments submitted on the October 11, 2002 proposed rule 
must be resubmitted to be considered in this proposed rulemaking 
action. As stated above, comments must be received by October 16, 2003.

VII. Summary of EPA Action

    EPA is proposing to approve revisions to 326 IAC 6-1, Indiana's PM 
emission limits. The revisions include the addition of a provision 
allowing sources in certain counties that are burning only natural gas 
to be exempt from PM emission limits and providing that if there are 
conflicting limits, the more stringent limitation will apply. Other 
revisions consist of adding a section of definitions, minor rewording, 
updating of source and facility names, and elimination of reference to 
sources that have shut down.

VIII. Statutory and Executive Order Reviews

Executive Order 12866, Regulatory Planning and Review

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from Executive Order 12866, entitled ``Regulatory 
Planning and Review.''

Paperwork Reduction Act

    Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., OMB must 
approve all ``collections of information'' by EPA. The Act defines 
``collection of information'' as a requirement for ``answers to * * * 
identical reporting or recordkeeping requirements imposed on ten or 
more persons * * *'' 44 U.S.C. 3502(3)(A). Because the proposed FIP 
only applies to one company, the Paperwork Reduction Act does not 
apply.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions.
    This rule will not have a significant impact on a substantial 
number of small entities because SIP approvals under section 110 and 
subchapter I, part D of the Clean Air Act do not create any new 
requirements but simply approve requirements that the State is already 
imposing. Therefore, because the Federal SIP approval does not create 
any new requirements, I certify that this action will not have a 
significant economic impact on a substantial number of small entities.
    Moreover, due to the nature of the Federal-State relationship under 
the Clean Air Act, preparation of flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of state action. The 
Clean Air Act forbids EPA to base its actions concerning SIPs on such 
grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 
42 U.S.C. 7410(a)(2).

Unfunded Mandates Reform Act

    Under sections 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
costs to State, local, or tribal governments in the aggregate; or to 
the private sector, of $100 million or more. Under section 205, EPA 
must select the most cost-effective and least burdensome alternative 
that achieves the objectives of the rule and is consistent with 
statutory requirements. Section 203 requires EPA to establish a plan 
for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    EPA has determined that the approval action proposed does not 
include a Federal mandate that may result in estimated costs of $100 
million or more to either State, local, or tribal governments in the 
aggregate, or to the private sector. This Federal action proposes to 
approve pre-existing requirements under State or local law, and imposes 
no new requirements. Accordingly, no additional costs to State, local, 
or tribal governments, or to the private sector, result from this 
action.

Executive Order 13132, Federalism

    Federalism (64 FR 43255, August 10, 1999) revokes and replaces 
Executive Orders 12612 (Federalism) and 12875 (Enhancing the 
Intergovernmental Partnership). Executive Order 13132 requires EPA to 
develop an accountable process to ensure ``meaningful and timely input 
by State and local officials in the development of regulatory policies 
that have federalism implications.'' ``Policies that have federalism 
implications'' is defined in the Executive Order to include regulations 
that 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.'' Under Executive Order 13132, EPA may not issue a 
regulation that has federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by State and local governments, or EPA 
consults with State and local officials early in the process of 
developing the proposed regulation. EPA also may not issue a regulation 
that has federalism implications and that preempts State law unless the 
Agency consults with State and local officials early in the process of 
developing the proposed regulation.
    This rule will 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, 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. Thus, the 
requirements of section 6 of the Executive Order do not apply to this 
rule.

Executive Order 13175, Coordination With Indian Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' This proposed rule does not 
have tribal implications, as specified in Executive Order 13175. Thus, 
Executive Order 13175 does not apply to this rule.

Executive Order 13045, Protection of Children From Environmental Health 
Risks and Safety Risks

    Protection of Children from Environmental Health Risks and Safety 
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) Is 
determined to be ``economically significant'' as defined under 
Executive Order 12866, and (2) concerns an environmental health or 
safety risk that EPA has reason to believe may have a disproportionate 
effect on children. If the regulatory action meets both criteria,

[[Page 54186]]

the Agency must evaluate the environmental health or safety effects of 
the planned rule on children, and explain why the planned regulation is 
preferable to other potentially effective and reasonably feasible 
alternatives considered by the Agency.
    This rule is not subject to Executive Order 13045 because it does 
not involve decisions intended to mitigate environmental health or 
safety risks.

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

    This rule is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a 
significant regulatory action under Executive Order 12866.

National Technology Transfer and Advancement Act

    Section 12 of the National Technology Transfer and Advancement Act 
(NTTAA) of 1995 requires Federal agencies to evaluate existing 
technical standards when developing a new regulation. To comply with 
NTTAA, EPA must consider and use ``voluntary consensus standards'' 
(VCS) if available and applicable when developing programs and policies 
unless doing so would be inconsistent with applicable law or otherwise 
impractical.
    The EPA believes that VCS are inapplicable to this action which 
does not require the public to perform activities conducive to the use 
of VCS.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Particulate matter, Reporting and recordkeeping 
requirements.

    Dated: September 3, 2003.
Jerri-Anne Garl,
Acting Regional Administrator, Region 5.
[FR Doc. 03-23592 Filed 9-15-03; 8:45 am]
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