[Federal Register Volume 74, Number 247 (Monday, December 28, 2009)]
[Rules and Regulations]
[Pages 68541-68543]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30406]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2008-0515; FRL-8985-4]


Approval and Promulgation of Air Quality Implementation Plans; 
Indiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: Indiana has requested that EPA approve as revisions to its 
State Implementation Plan (SIP) both its continuous emission monitoring 
rule and alternative monitoring requirements for Alcoa Power 
Generating, Inc.--Warrick Power Plant. The alternative monitoring 
requirements allow the use of a particulate matter (PM) continuous 
emissions monitoring system (CEMS) in place of a continuous opacity 
monitor system (COMS).

DATES: This direct final rule will be effective February 26, 2010, 
unless EPA receives adverse comments by January 27, 2010. 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-2008-0515, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-mail: [email protected].
    3. Fax: (312) 692-2551.
    4. Mail: John M. Mooney, Chief, Criteria Pollutant Section, Air 
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West 
Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: John M. Mooney, Chief, Criteria Pollutant 
Section, Air Programs Branch (AR-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, 8:30 a.m. to 4:30 p.m. excluding Federal 
holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2008-0515. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://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 http://www.regulations.gov or e-mail. The http://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 http://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 and any form of encryption, and be free 
of any defects or viruses.
    Docket: All documents in the docket are listed in the http://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 http://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 Matt Rau, Environmental 
Engineer, at (312) 886-6524 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer, 
Criteria Pollutant Section, Air Programs Branch (AR-18J), Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, (312) 886-6524, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean

[[Page 68542]]

EPA. This supplementary information section is arranged as follows:

I. What is the background for this action?
II. What is EPA's analysis of the revision?
III. What are the environmental effects of this action?
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews

I. What is the background for this action?

    Indiana requested a revision to its SIP that would add both 326 
Indiana Administrative Code (IAC) 3-5-1, continuous emissions 
monitoring requirements, and an alternative monitoring plan contained 
in a Commissioner's Order for a Warrick County source. Indiana 
submitted its request on April 25, 2008.
    More specifically, Indiana has requested that EPA approve as a SIP 
revision the continuous emissions monitoring requirements in 326 IAC 3-
5-1. Section 1(b) of that regulation addresses the applicability of 
these requirements. The rule lists sources that must use continuous 
monitoring and what pollutants those sources must monitor. There is a 
provision in the rule, 326 IAC 3-5-1(c)(2)(A)(iii), which allows fossil 
fuel-fired steam generators that are required to monitor opacity 
emissions to monitor PM instead. The alternate monitoring requirement 
is allowed when condensed water vapor in the exhaust would not provide 
accurate determinations of emissions as a result of interference from 
condensed uncombined water vapor. The alternate monitoring plan is not 
effective until approved by EPA as a SIP revision. See 326 IAC 3-5-
1(c)(2)(A)(iv).
    Under this mechanism, Indiana has requested approval of an 
alternate monitoring plan for Alcoa Power Generating, Inc.-Alcoa 
Warrick Power Plant (Alcoa) in Warrick County. Indiana adopted the 
alternate monitoring plan on February 11, 2008, in Commissioner's Order 
2008-01. This facility has installed a scrubber control 
device. The scrubber will add moisture to its exhaust which condenses 
as the stream cools. The condensation may cause unreliable readings 
from a COMS. A COMS measures opacity optically, so it cannot 
distinguish between light impairment caused by particulate and that 
caused by moisture. As the scrubber removes particulate, placing the 
COMS prior to the exhaust entering the scrubber could also incorrectly 
measure Alcoa's emissions.
    Alcoa has requested that it be permitted to use alternative 
monitoring, as provided under 326 IAC 5-3-1(c)(2)(A)(iii). It will use 
a PM CEMS in place of the COMS. The PM CEMS is placed after the 
scrubber to measure the PM emissions emitted from the Alcoa facility. 
Proper calibration should allow the PM CEMS to provide accurate 
readings, even with moisture from the scrubber in the exhaust stream. 
The PM CEMS readings will be used to determine whether Alcoa is in 
compliance with its PM emission limits.

II. What is EPA's analysis of the revision?

    The addition of 326 IAC 3-5-1 enhances Indiana's SIP because these 
continuous emission monitoring requirements are now applicable to a 
number of sources. This includes several source types meeting a size 
requirement (e.g., fossil fuel-fired steam generators of greater than 
one hundred million British thermal units per hour heat input 
capacity). They also apply to facilities in Clark and Floyd Counties 
with the potential to emit at least 40 tons of nitrogen oxides 
(NOX) per year that are located at sources with the 
potential to emit 100 tons per year or more of NOX. 
Continuous monitoring is required on fossil-fired power plants, 
sulfuric acid plants, petroleum refineries, Portland cement plants, 
sewage sludge combustion facilities, and sources producing coke that 
meet the conditions in the rule. Section 1(c) of the rule specifies 
which pollutants each source type is to monitor. The continuous 
monitoring rules include the requirements for alternative monitoring 
provisions. EPA approval of the alternative monitoring plan is required 
by 326 IAC 5-3-1(c)(2)(A)(iv).
    In the alternative monitoring plan approved by Indiana in 
Commissioner's Order 2008-01, Alcoa will monitor PM emissions 
in place of opacity. The visible emissions exiting the stack are 
primarily composed of PM. Visible emissions observations under 40 CFR 
part 60, appendix A, Method 9 are taken in the atmosphere after any 
moisture has condensed and left the plume. The COM at Alcoa, however, 
reads the opacity in the stack. The addition of a scrubber will remove 
pollutants from the exhaust, but will add moisture. This moisture 
condenses as the exhaust cools in the stack. This creates a higher 
opacity reading from the COM. Installing the COM to read the opacity 
before the scrubber would not give an accurate measurement of the 
facility's emissions because the COM would not reflect any emission 
reductions from the scrubber.
    PM in the plume causes opacity, so PM and opacity readings can be 
used as reasonable substitutes for each other. The PM CEMS will be 
calibrated to provide accurate measurements even with moisture in the 
stack. The PM CEMS provides the particulate emissions from the 
facility. Knowing the emissions from the facility, Alcoa will be able 
to make adjustments or control device repairs should the emissions rise 
too high. This facility will average the PM CEMS data at time intervals 
specified in its permits. Alcoa is also required to monitor other 
pollutants and their operating parameters. Opacity should remain at 
acceptable levels if PM and the other pollutants remain in compliance 
of their standards. The alternate monitoring requirement removes the 
need to operate the COMS, but does not remove the opacity limits at the 
facility. Visible emissions observations in accordance with method 9 
can still be made to confirm that the applicable opacity limits are 
being met.

III. What are the environmental effects of this action?

    PM interferes with lung function when inhaled. Exposure to PM can 
cause heart and lung disease. Particulate matter also aggravates 
asthma. 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.
    This action only changes the monitoring requirements for Alcoa. All 
of the SIP emission limits remain in place.

IV. What action is EPA taking?

    EPA is approving the addition of 326 IAC 3-5-1, continuous 
emissions monitoring requirements, and an alternative monitoring 
request in Indiana Commissioner's Order 2008-01 for a Warrick 
County source, Alcoa Power Generating, Inc. The rule adds continuous 
monitoring requirements to specified source types. Alcoa will operate a 
PM CEMS instead of a COMS. This is acceptable because moisture in the 
facility's exhaust stream could cause inaccurate opacity readings from 
a COMS. The continuous monitoring of particulate emissions is a 
reasonable substitute for continuous opacity monitoring in this case.
    We are publishing this action without prior proposal because we 
view this as a noncontroversial 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 February 26, 
2010 without further notice unless we receive relevant

[[Page 68543]]

adverse written comments by January 27, 2010. 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 February 26, 2010.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Clean Air Act 
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    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 action 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 February 26, 2010. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action 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 52

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

    Dated: November 13, 2009.
Walter W. Kovalick Jr.,
Acting Regional Administrator, Region 5.

0
For the reasons stated in the preamble, part 52, chapter I, of title 40 
of the Code of Federal Regulations is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart P--Indiana

0
2. Section 52.770 is amended by adding paragraph (c)(192) to read as 
follows:


Sec.  52.770  Identification of plan.

* * * * *
    (c) * * *
    (192) On April 25, 2008, Indiana submitted regulations that 
incorporate its continuous emission monitoring requirements into its 
SIP. Indiana also submitted Commissioner's Orders that provide an 
alternative monitoring plan for a Warrick County source. The 
alternative monitoring requirements allow the use of a particulate 
matter continuous emissions monitoring system in place of a continuous 
opacity monitor.
    (i) Incorporation by reference. (A) Indiana Administrative Code 
Title 326: Air Pollution Control Board, Article 3: Monitoring 
Requirements, Rule 5: Continuous Monitoring of Emissions, Section 1: 
Applicability; monitoring requirements for applicable pollutants. Filed 
with the Secretary of State on January 30, 1998, and effective on March 
1, 1998. Published in 21 Indiana Register 2062-2079 on March 1, 1998. 
(B) Commissioner's Order 2008-01 as issued by the Indiana 
Department of Environmental Management on February 11, 2008.

[FR Doc. E9-30406 Filed 12-24-09; 8:45 am]
BILLING CODE 6560-50-P