[Federal Register: June 12, 2003 (Volume 68, Number 113)]
[Rules and Regulations]
[Page 35181-35183]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12jn03-12]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[IN156-1a; FRL-7512-4]
Approval and Promulgation of State Plans for Facilities and
Pollutants: Indiana; Plan for Controlling Emissions from Existing
Commercial and Industrial Solid Waste Incinerators
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving the plan submitted by the Indiana Department
of Environmental Management (IDEM) on December 20, 2002, under sections
111(d) and 129 of the Clean Air Act (Act). This plan is designed to
implement and enforce the federal Emission Guidelines (EG) applicable
to existing Commercial and Industrial Solid Waste Incineration units
(CISWI) for which construction commenced on or before November 30,
1999.
DATES: This rule is effective on August 11, 2003 without further notice
unless EPA receives significant adverse written comment by July 14,
2003. If EPA receives such comments, we will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.
ADDRESSES: Comments must be submitted to J. Elmer Bortzer, Chief,
Regulation Development Section, Air and Radiation Division (AR-18J)
Region 5, U.S. Environmental Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604. You may examine copies of materials
relevant to this action during normal business hours, by appointment at
the following locations: Environmental Protection Agency, Region 5,
18th Floor Docket Room, 77 West Jackson Boulevard, Chicago, Illinois,
60604.
FOR FURTHER INFORMATION CONTACT: John Paskevicz, Engineer, at (312)
886-6084, or e-mail at paskevicz.john@epa.gov, if you intend to visit
the Region 5 office.
SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``you''
refer to the reader of this rule and/or to sources subject to the State
rule, and the terms ``we'', ``us'', or ``our'' refers to EPA.
Table of Contents
I. Background
II. What does the State plan contain?
III. Does the State plan meet EPA requirements?
IV. What action is EPA taking today?
V. Statutory and Executive Order Reviews
I. Background
On December 1, 2000, in accordance with sections 111 and 129 of the
Act, the EPA promulgated CISWI EGs and compliance schedules for the
control of emissions from CISWI units. See 65 FR 75362. EPA codified
these regulations at 40 CFR part 60, subpart DDDD. Under section
129(b)(2) of the Act and the regulations at subpart DDDD, states with
subject sources must submit to EPA plans that implements the EGs. These
plans must be at least as protective as the EGs, which are not
federally enforceable until EPA approves a State plan (or adopts a
federal plan for implementation and enforcement).
On February 23, 2001, Region 5, EPA sent a letter to Indiana, as
well as other States in the Region, informing the State of the need to
develop a CISWI plan for its subject sources. We also identified the
nine elements necessary for an approvable CISWI plan, as contained in
40 CFR 60.2515.
On December 20, 2002, IDEM submitted to EPA its CISWI plan. This
submission followed public hearings on February 6, 2002 and public
notice of the State plan on October 7, 2002. The State adopted the rule
in final form on May 1, 2002; it became effective on September 6, 2002.
The plan includes State rule 326 IAC 11-8, which establishes emission
standards for existing CISWI consistent with 40 CFR part 60, subpart
DDDD.
[[Page 35182]]
II. What Does the State Plan Contain?
The State submittal is based on the CISWI model rule (40 CFR
60.2575 to 60.2875) and incorporates by reference significant portions
of that rule. As indicated in Table 1, the State plan contains the nine
required elements.
The State plan contained or addressed all of the elements listed in
Section 60.2515 of the December 1, 2000, model rule. The plan
contained:
1. An inventory of affected CISWI units.
2. An inventory of the emissions from each of the CISWI units.
3. A State rule (326 IAC 11-8-2) specifying the requirement for a
final control plan and specifying when the units must be in final
compliance.
4. Incorporation by reference (IBR) of EPA emission limitations,
operator training and qualification requirements, a waste management
plan, and operating limits for affected CISWI units.
5. IBR for performance testing, recordkeeping, and reporting
requirements.
6. Certification that a hearing on the State plan was held, and a
brief written summary of comments.
7. A statement that the State will submit data and information
using the EPA Aerometric Emissions Information Retrieval System.
8. A discussion that the State chose as an enforcement mechanism, a
State rule (326 IAC 11-8) which contains IBR of the EPA's CISWI EG.
9. A detailed list which demonstrates the State has legal authority
to carry out sections 111(d) and 129 of the Clean Air Act, in the State
plan.
The Indiana rule details the increments of progress for the
affected CISWI. It also calls for final compliance by September 1,
2005, and, in this regard, is somewhat more restrictive than the EPA
requirement.
III. Does the State Plan Meet the EPA Requirements?
EPA evaluated the CISWI State plan submitted by Indiana for
consistency with the Act, EPA regulations and policy. EPA has
determined that the plan meets all applicable requirements and,
therefore, is approving it. This approval is based on our findings that
in addition to the technical elements provided by IDEM, that:
(a) Provided adequate public notice of public hearings for the
proposed rulemaking that allows Indiana to carry out and enforce
provisions that are at least as protective as the EGs for CISWIs; and,
(b) Demonstrated legal authority to: incorporate by reference
emission standards and compliance schedules applicable to the
designated facilities; enforce applicable laws, regulations, standards
and compliance schedules; seek injunctive relief; obtain information
necessary to determine compliance; require record keeping; conduct
inspections and tests; require the use of monitors; require emission
reports of owners and operators; and, make emission data publicly
available.
Additional details concerning EPA's evaluation of the Indiana plan
are included in the technical support file available for inspection
from the EPA contact listed above.
IV. What Action Is EPA Taking Today?
EPA is approving the plan which Indiana submitted on December 20,
2002, for the control of emissions from existing CISWI sources in the
State. EPA is publishing this approval notice without prior proposal
because the Agency views this as a noncontroversial action and
anticipates no adverse comments. However, in the proposed rule section
of today's Federal Register, EPA is publishing a separate document that
will serve as the proposal to approve the State plan in the event
adverse comments are filed. If we do not receive any adverse comments
by July 14, 2003 this action will be effective on August 11, 2003.
V. 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
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 (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 (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 plan 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 plan submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the
[[Page 35183]]
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. Section 804 exempts from section 801 the following types
of rules: (1) Rules of particular applicability; (2) rules relating to
agency management or personnel; (3) rules of agency organization,
procedure, or practice that do not substantially affect the rights or
obligations of non-agency parties. 5 U.S.C. 804(3). EPA is not required
to submit a rule report regarding this action under section 801 because
this is a rule of particular applicability.
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 August 11, 2003. 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 Sec. 307(b)(2).)
List of Subjects in 40 CFR Part 62
Environmental protection, Air pollution control, Metals, Sulfur
oxides, Particulate matter, Carbon monoxide, Acid gases, Waste
treatment and disposal, Reporting and recordkeeping requirements.
Dated: May 29, 2003.
Bharat Mathur,
Acting Regional Administrator, Region 5.
0
Part 62 of chapter 1, title 40, of the Code of Federal Regulations 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. A new undesignated center heading and Sec. 62.3660 are added to
Subpart P to read as follows:
CONTROL OF AIR EMISSIONS FROM EXISTING COMMERCIAL AND INDUSTRIAL SOLID
WASTE INCINERATOR UNITS
Sec. 62.3660 Identification of plan.
On December 20, 2002, Indiana submitted a plan to control emissions
from Commercial and Industrial Solid Waste Incinerators (CISWI). The
Indiana plan incorporates by reference substantial portions of 40 CFR
part 60, subpart DDDD, Emission Guidelines and Compliance Times for
CISWI units built on or before November 30, 1999.
[FR Doc. 03-14871 Filed 6-11-03; 8:45 am]
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