[Federal Register: February 3, 2004 (Volume 69, Number 22)]
[Rules and Regulations]
[Page 5036-5038]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03fe04-21]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IN 144-4; FRL-7611-5]
Approval and Promulgation of Implementation Plans; Indiana
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: Indiana submitted a particulate matter State Implementation
Plan (SIP) revision request to EPA on December 19, 2001. EPA is
approving 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
approving 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 include minor rewording, the updating of
source and facility names, and the elimination of references to sources
that have shut down.
DATES: This rule is effective on March 4, 2004.
ADDRESSES: Copies of Indiana's submittal and other documents relevant
to this action are available for public inspection at: Criteria
Pollutant 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,
Criteria Pollutant 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:
rau.matthew@epa.gov.
Table of Contents
I. Background.
II. What Is the EPA Approving?
III. Public Hearing.
IV. What Is the EPA's Analysis of the Requested Revisions?
V. What Are the Environmental Effects of These Actions?
VI. Summary of EPA Action.
VII. Statutory and Executive Order Reviews.
I. Background
Indiana submitted a SIP revision request to EPA on December 19,
2001. This request sought approval of provisions for certain natural
gas combustion sources and cleanup provisions in 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 under 40 CFR Part 70. This deletion was
based on changes made to the Part 70 Program, as described in a March
20, 2002, State submission. For this SIP revision request, EPA has
evaluated only the 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.
EPA proposed approval of Indiana's requested SIP revisions in the
September 16, 2003, Federal Register (68 FR 34282-86). No comments were
received during the comment period which ended October 16, 2003.
II. What Is the EPA Approving?
EPA is approving 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 the names of other
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 sections 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 at the identified sources in these counties with the requirement
that the units burn only natural gas.
Revised 6-1-1(c) states that if the emission limits in sections 2
and sections 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.
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, making
minor wording changes, updating source and facility names, and
eliminating references to sources or facilities that have shut down.
III. Public Hearing
Indiana held a public hearing on October 4, 2000 in Indianapolis.
No comments were made during the hearing. Notice of this public hearing
was published in five newspapers between August 28 and September 5,
2000. Indiana offered three comment periods on this rule. The first was
from October 1, 1998, to December 1, 1998, the second was from November
1 through 30, 1999, and the final comment period ran from August 1
through 31, 2000.
IV. What Is the EPA's Analysis of the Requested Revisions?
The revision replaces PM limitations on select 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
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natural gas combustion is less than one micrometer ([mu]m) in diameter.
Therefore, the AP-42 emission factor for PM is also a valid estimate of
PM less than 10 [mu]m diameter (PM-10) emissions. Thus, the addition of
326 IAC 6-1-1(b) is not expected to harm air quality because natural
gas burns with low PM emissions which will not exceed the current
limits.
Additional revisions to other portions of 326 IAC 6-1 help clean up
the rule. The new definitions and rewording of the rule help increase
its clarity. The revisions which update source name changes and delete
sources which have shut down will help keep the SIP current.
V. What Are the Environmental Effects of These Actions?
Particulate matter can interfere 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 current emission limits because natural gas burns with
low PM emissions. Since this SIP revision does not allow for increased
emissions, it should 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.
VI. Summary of EPA Action
The specific Indiana regulations being approved by this action are
as follows: 326 IAC, Article 6: Particulate Rules, Rule 1: Non-
attainment Area Limitations, Section 1: Applicability, Subsections (a),
(b) and (c); Section 1.5: Definitions; Section 2: Particulate emission
limitations; fuel combustion steam generators, asphalt concrete plant,
grain elevators, foundries, mineral aggregate operations; modification
by commissioner; Section 3: Non-attainment area particulate
limitations; compliance determination; Section 4: Compliance schedules;
Section 5: Control strategies; Section 6: State Implementation Plan
revisions; Section 8.1: Dearborn County particulate matter emissions
limitations; Section 9: Dubois County; Section 10.1: Lake County
PM10 emission requirements, Subsections (a) through (k);
Section 11.1: Lake County fugitive particulate matter control
requirements; Section 12: Marion County; Section 13: Vigo County;
Section 14: Wayne County; Section 15: Howard County; Section 16:
Vanderburgh County; Section 17: Clark County; and Section 18: St.
Joseph County.
VII. 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 Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
For this reason, 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 (Public Law 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 (65
FR 67249, 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, April 23, 1997), because it is not economically significant.
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. section 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
[[Page 5038]]
is published in the Federal Register. This action is not a ``major
rule'' as defined by 5 U.S.C. section 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 April 5, 2004. 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 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
Dated: November 26, 2003.
Bharat Mathur,
Acting Regional Administrator, Region 5.
0
For the reasons stated in the preamble, part 52, chapter I, 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)(152) to read as
follows:
Sec. 52.770 Identification of plan.
* * * * *
(c) * * *
(152) On December 19, 2001, Indiana submitted revised Particulate
Matter (PM) control requirements. A March 17, 2003 letter from Indiana
clarified what portions of the original submission the State was
seeking revisions for. EPA is approving revisions for certain natural
gas combustion sources in Indiana and various cleanup revisions to
Indiana's PM rules. One revision eliminates PM emissions limits on
specified natural gas combustion sources and replaces the limits with a
requirement that such sources may only burn natural gas. The submission
also contains many cleanup provisions such as eliminating limits for
sources which have shut down and updating names of sources.
(i) Incorporation by reference.
(A) Indiana Administrative Code (IAC) Title 326: Air Pollution
Control Board, Article 6: Particulate Rules, Rule 1: Nonattainment Area
Limitations, IAC 6-1-1.5: Definitions; IAC 6-1-2: Particulate emission
limitations; fuel combustion steam generators, asphalt concrete plant,
grain elevators, foundries, mineral aggregate operations; modification
by commissioner; IAC 6-1-3: Non-attainment area particulate
limitations; compliance determination; IAC 6-1-4: Compliance schedules;
IAC 6-1-5: Control strategies; IAC 6-1-6: State Implementation Plan
revisions; IAC 6-1-8.1: Dearborn County particulate matter emissions
limitations; IAC 6-1-9: Dubois County; IAC 6-1-10.1: Lake County
PM10 emission requirements, Subsections (a) through (k); IAC
6-1-11.1: Lake County fugitive particulate matter control requirements;
IAC 6-1-12: Marion County; IAC 6-1-13: Vigo County; IAC 6-1-14: Wayne
County; IAC 6-1-15: Howard County; IAC 6-1-16: Vanderburgh County; IAC
6-1-17: Clark County; and, IAC 6-1-18: St. Joseph County. Adopted by
the Indiana Air Pollution Control Board August 1, 2001. Filed with the
Secretary of State November 8, 2001. Published in the Indiana Register,
Volume 25, Number 3, December 1, 2001 at 709. State effective December
8, 2001.
(B) Indiana Administrative Code (IAC) Title 326: Air Pollution
Control Board, Article 6: Particulate Rules, Rule 1: Non-attainment
Area Limitations, 6-1-1: Applicability. Adopted by the Indiana Air
Pollution Control Board August 1, 2001. Filed with the Secretary of
State November 8, 2001. Published in the Indiana Register, Volume 25,
Number 3, December 1, 2001 at 709. State effective, December 8, 2001.
Amended by Errata filed with the Secretary of State January 10, 2002.
Published in the Indiana Register, Volume 25, Number 5, February 1,
2002 at 1644. State effective, February 24, 2002. And amended by Errata
filed with the Secretary of State October 2, 2002. Published in the
Indiana Register, Volume 26, Number 2, November 1, 2002 at 383. State
effective, November 16, 2002.
[FR Doc. 04-1820 Filed 2-2-04; 8:45 am]
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