[Federal Register Volume 75, Number 70 (Tuesday, April 13, 2010)]
[Rules and Regulations]
[Pages 18757-18760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8295]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2009-0118; FRL-9124-9]
Approval and Promulgation of Air Quality Implementation Plans;
Indiana; Alternate Monitoring Requirements for Indianapolis Power and
Light--Harding Street Station
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: Indiana requested on December 31, 2008, that EPA approve as
[[Page 18758]]
a revision to its State Implementation Plan (SIP) alternative
monitoring requirements for the Indianapolis Power and Light Company
(IPL) at its Harding Street Generating Station. 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 June 14, 2010, unless
EPA receives adverse comments by May 13, 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-2009-0118, by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: [email protected].
Fax: (312) 385-5501.
Mail: Genevieve Damico, Acting Chief, Criteria Pollutant
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
Hand Delivery: Genevieve Damico, Acting 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-
2009-0118. 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, 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 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 has requested a revision to its SIP that would authorize an
alternative monitoring plan contained in a State Commissioner's Order
for Unit 7 at IPL's Harding Street Station, located in Indianapolis
(Marion County), Indiana. Indiana submitted its request to EPA on
December 31, 2008. The alternative monitoring plan allows IPL to use a
particulate matter CEMS in place of a COMS to demonstrate compliance
with applicable PM limits.
IPL has installed a wet scrubber control device to control sulfur
dioxide at its Harding Street Station Unit 7. The scrubber adds
moisture to the exhaust gas, which condenses as the gas stream cools.
According to Indiana Department of Environmental Management (IDEM), the
condensation causes unreliable readings from the COMS on Unit 7. COMS
measures opacity optically, so it cannot distinguish between light
impairment caused by particulate and light impairment caused by
moisture. The scrubber also removes some PM, so that placing the COMS
prior to the exhaust entering the scrubber would also incorrectly
measure those emissions from Unit 7.
IDEM has requested EPA approval of the alternative monitoring
requirements under 326 IAC 3-5-1(c)(2)(A)(iii) of the SIP, which EPA
approved on December 28, 2009 (74 FR 68541). This provision authorizes
IDEM to approve an alternative monitoring requirement for fossil fuel-
fired steam generators when IDEM determines that ``installation of an
opacity monitoring system would not provide accurate determinations of
emissions as a result of interference from condensed uncombined
water.'' The PM CEMS will be placed after the scrubber. A PM CEMS with
proper calibration should provide accurate PM emission readings, even
with moisture from the scrubber in the exhaust stream. Indiana
certified the Harding Street Station's PM CEMS on June 22, 2009.
The alternative monitoring plan for the Harding Street Station was
adopted by Indiana on October 31, 2008, in Commissioner's Order
2008-02. It is not effective, however, until EPA approves the
plan as a SIP revision. See 326 IAC 3-5-1(c)(2)(A)(iv).
Indiana notified the public of an opportunity to request a public
hearing on this action on November 12, 2008. It did not receive any
comments or requests for a public hearing.
II. What Is EPA's Analysis of the Revision?
Under the alternative monitoring plan approved by Indiana in
Commissioner's Order 2008-02, IPL will continuously 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 may be taken in the atmosphere after
[[Page 18759]]
any moisture has condensed and left the plume. A COMS, like the one at
the Harding Street Station, reads the opacity in the stack. The
addition of a wet scrubber will remove pollutants from the exhaust, but
will add moisture. This moisture condenses as the exhaust cools in the
stack causing a higher opacity reading from the COMS. Installing the
COMS to read the opacity before the scrubber would also not give an
accurate measurement of the facility's emissions because the COMS would
not reflect any emission reductions from the scrubber.
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,
IPL 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 Title V permit. IPL is also
required to monitor other pollutants and their operating parameters.
The alternate monitoring requirement removes the need to operate the
COMS, but does not remove the opacity limits at the facility under SIP
rules 326 IAC 5-1. Visible emissions observations in accordance with
Method 9 can still be made to determine whether the opacity limits are
being met.\1\
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\1\ The Commissioner's Order also contains a section granting a
variance to IPL for the period of time between the completion of the
CEMS certification and EPA's approval of the alternative opacity
monitoring plan. As noted in the variance provision: ``This is a
variance from State law only and does not change Federally approved
SIP requirements.'' Order at 4.
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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. It also aggravates asthma. Airborne
particulate is also a source of haze, which reduces visibility. PM
deposited on the ground and in the water harms the environment by
changing the nutrient and chemical balance.
This action only changes the PM monitoring requirements for Unit 7
at the Harding Street Station. All other applicable air pollution
control requirements remain in place. No changes in any emissions from
the Harding Street Station are expected as a result of this action.
IV. What Action Is EPA Taking?
EPA is approving the alternative monitoring plan in Commissioner's
Order 2008-02 into the Indiana SIP. The alternative monitoring
plan for IPL's Harding Street Station is to use a PM CEMS on Unit 7 in
place of a COMS. This action is consistent with Indiana SIP rule 326
IAC 3-5-1(c)(2)(A)(iii) because moisture in the facility's exhaust
stream could cause inaccurate opacity readings from a COMS.
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 June 14, 2010
without further notice unless we receive relevant adverse written
comments by May 13, 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 June 14, 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 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 June 14, 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
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petition for judicial review may be filed, and shall not postpone the
effectiveness of such rule or action. Parties with objections to this
direct final rule are encouraged to file a comment in response to the
parallel notice of proposed rulemaking for this action published in the
proposed rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. 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: February 25, 2010.
Walter W. Kovalick Jr.,
Acting Regional Administrator, Region 5.
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40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart P--Indiana
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2. Section 52.770 is amended by adding paragraph (c)(194) to read as
follows:
Sec. 52.770 Identification of plan.
* * * * *
(c) * * *
(194) On December 31, 2008, Indiana submitted a Commissioner's
Order that provided an alternative monitoring plan for Indianapolis
Power and Light--Harding Street Generating Station in Marion County
that is being incorporated into its SIP. 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. Commissioner's Order 2008-
02 for Indianapolis Power and Light as issued by the Indiana Department
of Environmental Management on October 31, 2008.
[FR Doc. 2010-8295 Filed 4-12-10; 8:45 am]
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