[Federal Register Volume 73, Number 131 (Tuesday, July 8, 2008)]
[Rules and Regulations]
[Pages 38925-38928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15349]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R05-OAR-2008-0952; FRL-8688-1]


Direct Final Approval of Revised Municipal Waste Combustor State 
Plan for Designated Facilities and Pollutants: Indiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving revisions to Indiana's State Plan to control 
air pollutants from large Municipal Waste Combustors (MWC). The Indiana 
Department of Environmental Management (IDEM) submitted the State Plan 
on August 24, 2007. The revisions are consistent with Emission 
Guideline (EG) amendments promulgated by EPA on May 10, 2006. This 
approval means that EPA finds that the State Plan amendments meet 
applicable Clean Air Act (Act) requirements for large MWCs for which 
construction commenced on or before September 20, 1994. Once effective, 
this approval also makes the amended State Plan Federally enforceable.

DATES: This direct final rule will be effective September 8, 2008, 
unless EPA receives adverse comments by August 7, 2008. If adverse 
comments are received, EPA will publish a timely withdrawal of the 
direct final rule in the Federal Register informing the public that the 
rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2008-0952, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-mail: [email protected].
    3. Fax: (312) 886-6030.
    4. Mail: Carlton T. Nash, Chief, Integrated Air Toxics Section, Air 
Toxics and Assessment Branch (AT-18J), U.S. Environmental Protection 
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Carlton T. Nash, Chief, Integrated Air Toxics 
Section, Air Toxics and Assessment Branch (AT-18J), U.S. Environmental 
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. 
Such deliveries are only accepted during the Regional Office normal 
hours of operation, and special arrangements should be made for 
deliveries of boxed information. The Regional Office official hours of 
business are Monday through Friday,

[[Page 38926]]

8:30 a.m. to 4:30 p.m. excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2008-0952. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or e-mail. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov 
your e-mail address will be automatically captured and included as part 
of the comment that is placed in the public docket and made available 
on the Internet. If you submit an electronic comment, EPA recommends 
that you include your name and other contact information in the body of 
your comment and with any disk or CD-ROM you submit. 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. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Environmental Protection 
Agency, Region 5, Air and Radiation Division, 77 West Jackson 
Boulevard, Chicago, Illinois 60604. This Facility is open from 8:30 
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. We 
recommend that you telephone Margaret Sieffert, Environmental Engineer, 
at (312) 353-1151 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Margaret Sieffert, Environmental 
Engineer, Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard (AT-18J), Chicago, Illinois 60604, (312) 353-1151, 
[email protected] or Michele Palmer, Environmental Engineer, 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard 
(ML-10C), Chicago, Illinois 60604, (312) 353-3646, 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. What Did Indiana Submit to EPA?
II. What Are the Revised MWC State Plan Requirements?
III. What Is the Revised Indiana MWC Plan?
IV. Does the Revised MWC State Plan Meet Federal Requirements?
V. What Action Is EPA Taking?
VI. Statutory and Executive Order Reviews

I. What Did Indiana Submit to EPA?

    On August 24, 2007, Indiana submitted amendments to its State Plan 
to meet Federal rules applicable to large MWCs, which EPA implements 
under sections 111(d) and 129 of the Clean Air Act. Section 129(a)(5) 
of the Clean Air Act requires that EPA conduct a five-year review of 
the emissions guidelines and, if appropriate, revise them. These 
amendments are intended to revise the State plan approved by EPA on 
November 18, 1999 (64 FR 62928). If this approval becomes effective, it 
will make the amended Indiana MWC rule consistent with the amended 
Federal EG amendments promulgated on May 10, 2006.
    There is currently one large MWC plant in Indiana covered by the 
revised rule, Covanta Indianapolis, Inc. This facility has three 
subject units.

II. What Are the Revised MWC State Plan Requirements?

    On May 10, 2006 (71 FR 27324), EPA published a final rule amending 
the emissions guidelines at 40 CFR part 60, Subpart Cb, to reflect the 
actual performance levels being achieved by existing MWC units. This 
rulemaking included revised limits for dioxin/furan (only for units 
equipped with electrostatic precipitators), mercury, cadmium, lead, 
particulate matter, and nitrogen oxides (for some types of units). It 
also contained revisions to the compliance testing provisions to 
require increased data availability from continuous emissions 
monitoring systems (CEMS). CEMS are required to generate at least 
ninety-five percent (95%) data availability on a calendar year basis 
and at least ninety percent (90%) data availability on a calendar 
quarter basis. The compliance testing provisions have also been revised 
to allow the optional use of CEMS to monitor particulate matter and 
mercury. Other revisions include:
     Operator stand-in provisions to clarify how long a shift 
supervisor is allowed to be off site when a provisionally certified 
control room operator is standing in;
     An eight-hour block average for measuring activated carbon 
injection rate;
     A provision for waiver of operating parameter limits 
during the mercury performance test and for two weeks preceding the 
test, as is already allowed for dioxin testing;
     A revision to relative accuracy criterion for sulfur 
dioxide and carbon monoxide CEMS;
     Flexibility to the annual compliance testing schedule so 
that a facility tests once per calendar year, but no less than nine 
months and no more than 15 months since the previous test;
     Allowing use of parametric monitoring limits from an 
exceptionally well-operated MWC unit to be applied to all identical 
units at the same plant site without retesting for dioxin;
     The option of monitoring the activated carbon injection 
pressure or equivalent parameter; and
     Clarifying the exclusion of monitoring data from 
compliance calculations.

III. What Is the Revised Indiana MWC Plan?

    Indiana adopted the revised State Plan to implement the EG 
revisions published by the EPA on May 10, 2006, in accordance with 
procedures established in 40 CFR part 60, subpart Cb. The submission 
only addresses those portions of the State Plan that have been updated 
since EPA's November 18, 1999, approval of Indiana's previous MWC 
rules. It is comprised of revisions to 326 IAC 11-7, which establishes 
emission standards for existing MWC units consistent with the Federal 
rules. These became effective in Indiana on August 9, 2007.
    The remainder of the changes are accomplished by Indiana having 
incorporated by reference the May 10, 2006 Federal requirements. This 
became Federally effective when EPA approved the State's most recent 
updates to the Code of Federal Regulations under 326 IAC 1-1-3 (the 
definition of ``References to Code of Federal Regulations''). See 73 FR 
14389 (March 18, 2008). In addition, Indiana made the emission limits 
in 326 IAC 11-7 apply upon the effective date of the rule, August 9, 
2007, which is two years earlier than required by the EPA's MWC 
revisions.

[[Page 38927]]

    The Revised Plan adopts the same emission limits that are in the 
Federal emission guidelines. Accordingly, the emission limits for 
particulate matter (PM), cadmium, lead, and mercury are as follows:

------------------------------------------------------------------------
               Pollutant                         Emission limits
------------------------------------------------------------------------
Particulate matter.....................  25 milligrams per dry standard
                                          cubic meter (mg/dscm).1, 4
Opacity................................  10% based on a 6-minute
                                          average.
Cadmium................................  0.035 mg/dscm.\1\
Lead...................................  0.400 mg/dscm.\1\
Mercury................................  0.050 mg/dscm; or 15% of the
                                          potential mercury emissions
                                          concentration.3, 4
Sulfur dioxide.........................  29 parts per million by volume
                                          (ppmv); or 20% of the
                                          potential sulfur dioxide
                                          emission concentration.3, 5
Hydrogen chloride......................  29 ppmv; or 5% of the potential
                                          hydrogen chloride emissions
                                          concentration.2, 3
Organic emission (expressed as total     30 nanograms per dry standard
 mass dioxins/furans).                    cubic meter (ng/dscm) total
                                          mass.\1\
Nitrogen oxides........................  205 ppmv.\2\
Carbon monoxide\5\.....................  100 ppmv\5\ (based on a 4-hour
                                          block averaging time).
------------------------------------------------------------------------
\1\ Corrected to seven percent (7%) oxygen.
\2\ Corrected to seven percent (7%) oxygen, dry basis.
\3\ Whichever concentration is less stringent.
\4\ Corrected to seven percent (7%) oxygen, dry basis, calculated as a
  24-hour daily geometric mean.
\5\ Measured at the combustor outlet in conjunction with a measurement
  of oxygen concentration, corrected to seven percent (7%) oxygen, dry
  basis, calculated as an arithmetic mean.

IV. Does the Revised MWC State Plan Meet Federal Requirements?

    IDEM held public hearings for the preliminary adoption of the State 
rule on December 6, 2006, and for final adoption on February 7, 2007. 
The State did not receive any comments during the public comment period 
or at the first and second public hearings.
    For the reasons discussed above, EPA has determined that the 
revised Plan meets all applicable Federal requirements.

V. What Action Is EPA Taking?

    We are approving, through direct final rulemaking action, Indiana's 
revised State Plan for large MWCs, submitted to EPA on August 24, 2007. 
This plan revision approval excludes certain authorities retained by 
EPA, as stated in 40 CFR 60.30b(b) and 60.50b(n).
    We are publishing this action without prior proposal because we 
view this as a non-controversial amendment and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the state plan if relevant adverse 
written comments are filed. This rule will be effective September 8, 
2008 without further notice unless we receive relevant adverse written 
comments by August 7, 2008. If we receive such comments, we will 
withdraw this action before the effective date by publishing a 
subsequent document that will withdraw the final action. All public 
comments received will then be addressed in a subsequent final rule 
based on the proposed action. The EPA will not institute a second 
comment period. Any parties interested in commenting on this action 
should do so at this time. If we do not receive any comments, this 
action will be effective September 8, 2008.

VI. 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

    Because it is not a ``significant regulatory action'' under 
Executive Order 12866 or a ``significant energy action,'' 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 (59 
FR 22951, 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,

[[Page 38928]]

April 23, 1997), because it approves a state rule implementing a 
Federal Standard.

National Technology Transfer Advancement Act

    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.

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. 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. 
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 September 8, 2008. 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, Air pollution control, Administrative 
practice and procedure, Intergovernmental relations, Municipal waste 
combustors, Reporting and recordkeeping requirements.

    Dated: June 24, 2008.
Richard C. Karl,
Acting Regional Administrator, Region 5.

0
40 CFR part 62 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. Sections 62.3650, 62.3651, and 62.3652 to subpart P are revised to 
read as follows:
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Sec.  62.3650  Identification of plan.

    (a) On September 30, 1999, Indiana submitted the State Plan for 
implementing the Federal Large Municipal Waste Combustor (MWC) Emission 
Guidelines to control emissions from existing MWCs with the capacity to 
combust greater than 250 tons per day of municipal solid waste. The 
enforceable mechanism for this plan is a State rule codified in 326 
Indiana Administrative Code (IAC) 11-7. The rule was adopted on 
September 2, 1998, filed with the Secretary of State on January 18, 
1999, and became effective on February 17, 1999. The rule was published 
in the Indiana State Register on March 1, 1999 (22 IR 1967).
    (b) On August 24, 2007, Indiana submitted a revised State plan as 
required by sections 129(a)(5) and 129 (b)(2) of the Act. The revised 
(Phase II) State plan implements amendments to 40 CFR part 60, subpart 
Cb published in the Federal Register on May 10, 2006. The Phase II 
State plan includes an amendment to State Rule 326 IAC 11-7, that was 
adopted by Indiana on February 7, 2007.


Sec.  62.3651  Identification of sources.

    The plan applies to all existing municipal waste combustors with 
the capacity to combust greater than 250 tons per day of municipal 
solid waste, and for which construction, reconstruction, or 
modification was commenced on or before September 20, 1994, as 
consistent with 40 CFR part 60, subpart Cb. Subject facilities include 
the Indianapolis Resource Recovery Facility in Indianapolis, Indiana.


Sec.  62.3652  Effective date.

    The effective date of Phase I of the approval of the Indiana State 
Plan for municipal waste combustors with the capacity to combust 
greater than 250 tons per day of municipal solid waste was January 18, 
2000.
    Phase II of the plan revision is effective September 8, 2008.
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[FR Doc. E8-15349 Filed 7-7-08; 8:45 am]
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