[Federal Register Volume 73, Number 191 (Wednesday, October 1, 2008)]
[Rules and Regulations]
[Pages 56981-56983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22952]



[[Page 56981]]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R05-OAR-2007-0952; FRL-8722-8]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is approving revisions to Indiana's State plan to control 
air pollutants from large Municipal Waste Combustors (MWCs). 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 (CAA) 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. 
On July 8, 2008, EPA also published a proposed rule (73 FR 38954) and a 
direct final rule (73 FR 38925) on this revision. The direct final rule 
stated that if EPA received an adverse comment, it would withdraw the 
direct final rule and address all public comments received in a 
subsequent final rule based on the proposed rule. EPA received an 
adverse comment and removed the direct final rule on August 21, 2008 
(73 FR 49349). This rule responds to the comments received and 
announces EPA's final action.

DATES: This final rule is effective on October 31, 2008.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2007-0952. All documents in the docket are listed on 
the www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, i.e., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the Internet and will be publicly available only in hard 
copy form. Publicly-available docket materials are available either 
electronically through 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 
Federal 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].

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 Public Comments Were Received on the Proposed Approval and 
What is EPA's Response?
II. What Action is EPA Taking?
III. Statutory and Executive Order Reviews

I. What Public Comments Were Received on the Proposed Approval and What 
is EPA's Response?

    EPA received two comments on its July 8, 2008, proposal from the 
Indiana Department of Environmental Management (IDEM), as follows:
    Comment 1. IDEM stated that in the table for particulate matter 
published in the Federal Register on July 8, 2008 (73 FR 38927), there 
is a typographical error in identifying the appropriate footnotes for 
the emission limitation. The first entry in the second column of the 
table reads ``25 milligrams per dry standard cubic meter (mg/dscm) 
\1,4\ ''when the appropriate footnote designation should be ``25 
milligrams per dry standard cubic meter (mg/dscm). \1\ ''The final rule 
for amending 326 IAC 11-7-3 (LSA 06-434(F)) included in the 
State plan submitted on August 24, 2007 shows a strikeout over the 
number 4.
    Comment 2. IDEM submitted an agency correction to their August 24, 
2007, submittal to amend 326 IAC 11-7-3 to correct footnotes for 
mercury and sulfur dioxide in the emissions limitations table. The 
agency correction was published on July 23, 2008 in the Indiana 
Register and is effective September 6, 2008. IDEM is requesting that 
these corrections be a part of the final Federal approval.
    EPA response 1 and 2. EPA is correcting the table to address both 
comments from IDEM as follows:

------------------------------------------------------------------------
             Pollutant                         Emission limits
------------------------------------------------------------------------
Particulate matter................  25 milligrams per dry standard cubic
                                     meter (mg/dscm) \1\
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 \1,3\
Sulfur dioxide....................  29 parts per million by volume
                                     (ppmv); or 20% of the potential
                                     sulfur dioxide emission
                                     concentration \3,4\
Hydrogen chloride.................  29 ppmv; or 5% of the potential
                                     hydrogen chloride emissions
                                     concentration \2,3\
Organic emission (expressed as      30 nanograms per dry standard cubic
 total mass dioxins/furans).         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.

II. What Action Is EPA Taking?

    We are approving Indiana's revised State plan for large MWCs, 
submitted to EPA on August 24, 2007, with corrections submitted on July 
29, 2008. This plan revision approval excludes certain authorities 
retained by EPA, as stated in 40 CFR 60.30b(b) and 60.50b(n).

[[Page 56982]]

III. 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 (CAA).

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 approves a state rule implementing a 
Federal Standard.

National Technology Transfer Advancement Act

    In reviewing state submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA. 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 state submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a state 
submission, to use VCS in place of a state submission that otherwise 
satisfies the provisions of the CAA. 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by December 1, 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: September 19, 2008.
Robert A. Kaplan,
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:


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 Register on March 1, 1999 (22 IR 1967).
    (b) On August 24, 2007 (with corrections submitted on July 29, 
2008), 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

[[Page 56983]]

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 MWCs 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.


Sec.  62.3652  Effective Date.

    The effective date of Phase I of the approval of the Indiana State 
plan for MWCs with the capacity to combust greater than 250 tons per 
day of municipal solid waste was January 18, 2000.
    Phase II of the State plan revision is effective December 1, 2008.

[FR Doc. E8-22952 Filed 9-30-08; 8:45 am]
BILLING CODE 6560-50-P