[Federal Register: July 8, 2008 (Volume 73, Number 131)]
[Rules and Regulations]
[Page 38925-38928]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08jy08-18]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R05-OAR-2008-0952; FRL-8688-1]
Direct Final Approval of Revised Municipal Waste Combustor State
Plan for Designated Facilities and Pollutants: Indiana
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving revisions to Indiana's State Plan to control
air pollutants from large Municipal Waste Combustors (MWC). 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 (Act) 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.
DATES: This direct final rule will be effective September 8, 2008,
unless EPA receives adverse comments by August 7, 2008. 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-2008-0952, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: nash.carlton@epa.gov.
3. Fax: (312) 886-6030.
4. Mail: Carlton T. Nash, Chief, Integrated Air Toxics Section, Air
Toxics and Assessment Branch (AT-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Carlton T. Nash, Chief, Integrated Air Toxics
Section, Air Toxics and Assessment Branch (AT-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,
[[Page 38926]]
8:30 a.m. to 4:30 p.m. excluding Federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2008-0952. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
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 www.regulations.gov or e-mail.
The 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 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
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 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 legal 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,
sieffert.margaret@epa.gov or Michele Palmer, Environmental Engineer,
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard
(ML-10C), Chicago, Illinois 60604, (312) 353-3646,
palmer.michele@epa.gov.
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 Did Indiana Submit to EPA?
II. What Are the Revised MWC State Plan Requirements?
III. What Is the Revised Indiana MWC Plan?
IV. Does the Revised MWC State Plan Meet Federal Requirements?
V. What Action Is EPA Taking?
VI. Statutory and Executive Order Reviews
I. What Did Indiana Submit to EPA?
On August 24, 2007, Indiana submitted amendments to its State Plan
to meet Federal rules applicable to large MWCs, which EPA implements
under sections 111(d) and 129 of the Clean Air Act. Section 129(a)(5)
of the Clean Air Act requires that EPA conduct a five-year review of
the emissions guidelines and, if appropriate, revise them. These
amendments are intended to revise the State plan approved by EPA on
November 18, 1999 (64 FR 62928). If this approval becomes effective, it
will make the amended Indiana MWC rule consistent with the amended
Federal EG amendments promulgated on May 10, 2006.
There is currently one large MWC plant in Indiana covered by the
revised rule, Covanta Indianapolis, Inc. This facility has three
subject units.
II. What Are the Revised MWC State Plan Requirements?
On May 10, 2006 (71 FR 27324), EPA published a final rule amending
the emissions guidelines at 40 CFR part 60, Subpart Cb, to reflect the
actual performance levels being achieved by existing MWC units. This
rulemaking included revised limits for dioxin/furan (only for units
equipped with electrostatic precipitators), mercury, cadmium, lead,
particulate matter, and nitrogen oxides (for some types of units). It
also contained revisions to the compliance testing provisions to
require increased data availability from continuous emissions
monitoring systems (CEMS). CEMS are required to generate at least
ninety-five percent (95%) data availability on a calendar year basis
and at least ninety percent (90%) data availability on a calendar
quarter basis. The compliance testing provisions have also been revised
to allow the optional use of CEMS to monitor particulate matter and
mercury. Other revisions include:
Operator stand-in provisions to clarify how long a shift
supervisor is allowed to be off site when a provisionally certified
control room operator is standing in;
An eight-hour block average for measuring activated carbon
injection rate;
A provision for waiver of operating parameter limits
during the mercury performance test and for two weeks preceding the
test, as is already allowed for dioxin testing;
A revision to relative accuracy criterion for sulfur
dioxide and carbon monoxide CEMS;
Flexibility to the annual compliance testing schedule so
that a facility tests once per calendar year, but no less than nine
months and no more than 15 months since the previous test;
Allowing use of parametric monitoring limits from an
exceptionally well-operated MWC unit to be applied to all identical
units at the same plant site without retesting for dioxin;
The option of monitoring the activated carbon injection
pressure or equivalent parameter; and
Clarifying the exclusion of monitoring data from
compliance calculations.
III. What Is the Revised Indiana MWC Plan?
Indiana adopted the revised State Plan to implement the EG
revisions published by the EPA on May 10, 2006, in accordance with
procedures established in 40 CFR part 60, subpart Cb. The submission
only addresses those portions of the State Plan that have been updated
since EPA's November 18, 1999, approval of Indiana's previous MWC
rules. It is comprised of revisions to 326 IAC 11-7, which establishes
emission standards for existing MWC units consistent with the Federal
rules. These became effective in Indiana on August 9, 2007.
The remainder of the changes are accomplished by Indiana having
incorporated by reference the May 10, 2006 Federal requirements. This
became Federally effective when EPA approved the State's most recent
updates to the Code of Federal Regulations under 326 IAC 1-1-3 (the
definition of ``References to Code of Federal Regulations''). See 73 FR
14389 (March 18, 2008). In addition, Indiana made the emission limits
in 326 IAC 11-7 apply upon the effective date of the rule, August 9,
2007, which is two years earlier than required by the EPA's MWC
revisions.
[[Page 38927]]
The Revised Plan adopts the same emission limits that are in the
Federal emission guidelines. Accordingly, the emission limits for
particulate matter (PM), cadmium, lead, and mercury are as follows:
------------------------------------------------------------------------
Pollutant Emission limits
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Particulate matter..................... 25 milligrams per dry standard
cubic meter (mg/dscm).1, 4
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.3, 4
Sulfur dioxide......................... 29 parts per million by volume
(ppmv); or 20% of the
potential sulfur dioxide
emission concentration.3, 5
Hydrogen chloride...................... 29 ppmv; or 5% of the potential
hydrogen chloride emissions
concentration.2, 3
Organic emission (expressed as total 30 nanograms per dry standard
mass dioxins/furans). cubic 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).
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\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.
IV. Does the Revised MWC State Plan Meet Federal Requirements?
IDEM held public hearings for the preliminary adoption of the State
rule on December 6, 2006, and for final adoption on February 7, 2007.
The State did not receive any comments during the public comment period
or at the first and second public hearings.
For the reasons discussed above, EPA has determined that the
revised Plan meets all applicable Federal requirements.
V. What Action Is EPA Taking?
We are approving, through direct final rulemaking action, Indiana's
revised State Plan for large MWCs, submitted to EPA on August 24, 2007.
This plan revision approval excludes certain authorities retained by
EPA, as stated in 40 CFR 60.30b(b) and 60.50b(n).
We are publishing this action without prior proposal because we
view this as a non-controversial 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 September 8,
2008 without further notice unless we receive relevant adverse written
comments by August 7, 2008. 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 September 8, 2008.
VI. 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.
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,
[[Page 38928]]
April 23, 1997), because it approves a state rule implementing a
Federal Standard.
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. 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 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 September 8, 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: June 24, 2008.
Richard C. Karl,
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 State Register on March 1, 1999 (22 IR 1967).
(b) On August 24, 2007, 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 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 municipal waste combustors 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. Subject facilities include
the Indianapolis Resource Recovery Facility in Indianapolis, Indiana.
Sec. 62.3652 Effective date.
The effective date of Phase I of the approval of the Indiana State
Plan for municipal waste combustors with the capacity to combust
greater than 250 tons per day of municipal solid waste was January 18,
2000.
Phase II of the plan revision is effective September 8, 2008.
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[FR Doc. E8-15349 Filed 7-7-08; 8:45 am]
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