[Federal Register: September 16, 2003 (Volume 68, Number 179)]
[Proposed Rules]
[Page 54182-54186]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16se03-12]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IN144-3; FRL-7559-1]
Approval and Promulgation of Implementation Plans; Indiana
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve 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 proposing to approve 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 are minor rewording changes, the updating
of source and facility names, and the elimination of references to
sources that have shut down. EPA is proposing to approve the requested
revisions.
DATES: The EPA must receive written comments by October 16, 2003.
ADDRESSES: You should mail written comments to: J. Elmer Bortzer,
Chief, Regulation Development Section, Air Programs Branch (AR-18J),
U.S. Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
Comments may also be submitted electronically, or through hand
delivery/courier, please follow the detailed instructions described in
Part(I)(B) of the SUPPLEMENTARY INFORMATION section.
You may inspect copies of Indiana's submittal at: Regulation
Development 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,
Regulation Development 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.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' are used we mean the EPA.
Table of Contents
I. General Information
II. Background
III. What is the EPA proposing to approve?
A. Provisions for natural gas combustion sources
B. Cleanup revisions
IV. What is the EPA's analysis of the requested revisions?
V. What are the environmental effects of these actions?
VI. Public comments
VII. Summary of EPA action
VIII. Statutory and Executive Order Reviews
I. General Information
A. How Can I Get Copies of This Document and Other Related Information?
1. The Regional Office has established an official public
rulemaking file available for inspection at the Regional Office. EPA
has established an official public rulemaking file for this action
under ``Region 5 Air Docket IN144.''
[[Page 54183]]
The official public file consists of the documents specifically
referenced in this action, any public comments received, and other
information related to this action. Although a part of the official
docket, the public rulemaking file does not include Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. The official public rulemaking file is the
collection of materials that is available for public viewing at the Air
Programs Branch, Air and Radiation Division, EPA Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604. EPA requests that if at all
possible, you contact the contact listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your inspection. The Regional Office's
official hours of business are Monday through Friday, 8:30 to 4:30
excluding Federal holidays.
2. Electronic Access. You may access this Federal Register document
electronically through the regulations.gov Web site located at http://www.regulations.gov
where you can find, review, and learn how to submit
comments on Federal rules that have been published in the Federal
Register, the Government's legal newspaper, and that are open for
comment.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing at the EPA Regional Office,
as EPA receives them and without change, unless the comment contains
copyrighted material, CBI, or other information whose disclosure is
restricted by statute. When EPA identifies a comment containing
copyrighted material, EPA will provide a reference to that material in
the version of the comment that is placed in the official public
rulemaking file. The entire printed comment, including the copyrighted
material, will be available at the Regional Office for public
inspection.
B. How and to Whom Do I Submit Comments?
You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate rulemaking identification number by including the text
``Public comment on proposed rulemaking Region 5 Air Docket IN144'' in
the subject line on the first page of your comment. Please ensure that
your comments are submitted within the specified comment period.
Comments received after the close of the comment period will be marked
``late.'' EPA is not required to consider these late comments.
1. Electronically. If you submit an electronic comment as
prescribed below, EPA recommends that you include your name, mailing
address, and an e-mail address or other contact information in the body
of your comment. Also include this contact information on the outside
of any disk or CD ROM you submit, and in any cover letter accompanying
the disk or CD ROM. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. EPA's policy is that EPA
will not edit your comment, and any identifying or contact information
provided in the body of a comment will be included as part of the
comment that is placed in the official public docket. 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.
i. E-mail. Comments may be sent by electronic mail (e-mail) to
bortzer.jay@epa.gov. Please include the text ``Public comment on
proposed rulemaking Region 5 Air Docket IN144'' in the subject line.
EPA's e-mail system is not an ``anonymous access'' system. If you send
an e-mail comment directly without going through regulations.gov, EPA's
e-mail system automatically captures your e-mail address. E-mail
addresses that are automatically captured by EPA's e-mail system are
included as part of the comment that is placed in the official public
docket.
ii. Regulations.gov. Your use of regulations.gov is an alternative
method of submitting electronic comments to EPA. Go directly to
regulations.gov at http://www.regulations.gov, then click on the button
``TO SEARCH FOR REGULATIONS CLICK HERE'', and select Environmental
Protection Agency as the Agency name to search on. The list of current
EPA actions available for comment will be listed. Please follow the
online instructions for submitting comments. The system is an
``anonymous access'' system, which means EPA will not know your
identity, e-mail address, or other contact information unless you
provide it in the body of your comment.
iii. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in Section 2, directly
below. These electronic submissions will be accepted in WordPerfect,
Word or ASCII file format. Avoid the use of special characters and any
form of encryption.
2. By Mail. Send your comments to: J. Elmer Bortzer, Chief,
Regulation Development Section, Air Programs Branch, (AR-18J), U.S.
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604. Please include the text ``Public comment on
proposed rulemaking Regional Air Docket IN144'' in the subject line on
the first page of your comment.
3. By Hand Delivery or Courier. Deliver your comments to: J. Elmer
Bortzer, Chief, Regulation Development Section, Air Programs Branch,
(AR-18J), U.S. Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, 18th floor, Chicago, Illinois 60604. Such deliveries
are only accepted during the Regional Office's normal hours of
operation. The Regional Office's official hours of business are Monday
through Friday, 8:30 to 4:30 excluding Federal holidays.
C. How Should I Submit CBI to the Agency?
Do not submit information that you consider to be CBI
electronically to EPA. You may claim information that you submit to EPA
as CBI by marking any part or all of that information as CBI (if you
submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is CBI). Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR part
2.
In addition to one complete version of the comment that includes
any information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI must be submitted for inclusion
in the official public regional rulemaking file. If you submit the copy
that does not contain CBI on disk or CD ROM, mark the outside of the
disk or CD ROM clearly that it does not contain CBI. Information not
marked as CBI will be included in the public file and available for
public inspection without prior notice. If you have any questions about
CBI or the procedures for claiming CBI, please consult the person
identified in the FOR FURTHER INFORMATION CONTACT section.
D. What Should I Consider as I Prepare My Comments for EPA?
You may find the following suggestions helpful for preparing your
comments:
1. Explain your views as clearly as possible.
[[Page 54184]]
2. Describe any assumptions that you used.
3. Provide any technical information and/or data you used that
support your views.
4. If you estimate potential burden or costs, explain how you
arrived at your estimate.
5. Provide specific examples to illustrate your concerns.
6. Offer alternatives.
7. Make sure to submit your comments by the comment period deadline
identified.
8. To ensure proper receipt by EPA, identify the appropriate
regional file/rulemaking identification number in the subject line on
the first page of your response. It would also be helpful if you
provided the name, date, and Federal Register citation related to your
comments.
II. Background
Indiana submitted a State Implementation Plan (SIP) request to EPA
on December 19, 2001. This request sought approval of provisions for
certain natural gas combustion sources, cleanup provisions, and other
changes to 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. This action also included
realphabetizing sections 1(c) and 1(d) to 1(b) and 1(c) respectively.
Subsection 1(b) was deleted for consistency purposes based on changes
made to the part 70 program, as described in the Indiana Part 70
Submittal dated March 20, 2002. The revision made to the rule by
deleting the original 326 IAC 6-1-1(b) will not be evaluated in this
rulemaking action. For this SIP revision request, EPA will only be
evaluating the new rule 6-1-1 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.
III. What Is the EPA Proposing To Approve?
EPA is proposing to approve 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 names of 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 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
with the requirement that they only burn natural gas. Since natural gas
combustion sources generally have very low PM emissions, enforcement of
the ``natural gas only'' requirement will ensure that these units do
not emit PM in excess of what would have been required under the
previously approved rules. Revised 6-1-1(c) states that if the emission
limits in sections 2 and 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.
In addition, since this revised rule does not allow increased
emissions over the current limits, this change is not expected to have
an adverse effect on air quality. Therefore, EPA is proposing to
approve this requested SIP revision.
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, minor
wording changes, updating of source and facility names, and elimination
of reference to sources or facilities that have shut down. While these
changes will not result in a decrease in actual PM emissions, removal
of sources and facilities that have shut down will result in a decrease
in the emissions allowed under the rules. EPA is also proposing to
approve the cleanup revisions into the SIP.
IV. What Is the EPA's Analysis of the Requested Revisions?
The primary revision replaces PM limitations on 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 natural gas combustion is less than
one micrometer ([mu]m) in diameter. Therefore, the AP-42 PM emission
factor is also a valid estimate of PM less than 10 [mu]m diameter(PM-
10) emissions. The addition of 326 IAC 6-1-1(b) is not expected to harm
air quality because natural gas burns with low PM emissions. Therefore,
the emissions will not exceed the current limits.
Additional revisions to other portions of 326 IAC 6-1 help clean up
the rule. These revisions consist of adding definitions, minor
rewording, updating of source and facility names, and elimination of
reference to sources that have shut down. The rewording of the rule
helps increase its clarity. Some facilities and sources have changed
their names since the last update of the rule. These revisions update
the name of those facilities and sources. Indiana has requested that
EPA delete from the rule sources that have shut down. The updates and
deletions will keep the SIP current.
V. What Are the Environmental Effects of These Actions?
Particulate matter interferes 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 emission limits because natural gas burns with low PM
emissions. Since this SIP revision does not relax any emissions limits
it will 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.
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VI. Public Comments
Any public comments submitted on the October 11, 2002 proposed rule
must be resubmitted to be considered in this proposed rulemaking
action. As stated above, comments must be received by October 16, 2003.
VII. Summary of EPA Action
EPA is proposing to approve revisions to 326 IAC 6-1, Indiana's PM
emission limits. The revisions include the addition of a provision
allowing sources in certain counties that are burning only natural gas
to be exempt from PM emission limits and providing that if there are
conflicting limits, the more stringent limitation will apply. Other
revisions consist of adding a section of definitions, minor rewording,
updating of source and facility names, and elimination of reference to
sources that have shut down.
VIII. Statutory and Executive Order Reviews
Executive Order 12866, Regulatory Planning and Review
The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order 12866, entitled ``Regulatory
Planning and Review.''
Paperwork Reduction Act
Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., OMB must
approve all ``collections of information'' by EPA. The Act defines
``collection of information'' as a requirement for ``answers to * * *
identical reporting or recordkeeping requirements imposed on ten or
more persons * * *'' 44 U.S.C. 3502(3)(A). Because the proposed FIP
only applies to one company, the Paperwork Reduction Act does not
apply.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions.
This rule will not have a significant impact on a substantial
number of small entities because SIP approvals under section 110 and
subchapter I, part D of the Clean Air Act do not create any new
requirements but simply approve requirements that the State is already
imposing. Therefore, because the Federal SIP approval does not create
any new requirements, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
Moreover, due to the nature of the Federal-State relationship under
the Clean Air Act, preparation of flexibility analysis would constitute
Federal inquiry into the economic reasonableness of state action. The
Clean Air Act forbids EPA to base its actions concerning SIPs on such
grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976);
42 U.S.C. 7410(a)(2).
Unfunded Mandates Reform Act
Under sections 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
the private sector, of $100 million or more. Under section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the approval action proposed does not
include a Federal mandate that may result in estimated costs of $100
million or more to either State, local, or tribal governments in the
aggregate, or to the private sector. This Federal action proposes to
approve pre-existing requirements under State or local law, and imposes
no new requirements. Accordingly, no additional costs to State, local,
or tribal governments, or to the private sector, result from this
action.
Executive Order 13132, Federalism
Federalism (64 FR 43255, August 10, 1999) revokes and replaces
Executive Orders 12612 (Federalism) and 12875 (Enhancing the
Intergovernmental Partnership). Executive Order 13132 requires EPA to
develop an accountable process to ensure ``meaningful and timely input
by State and local officials in the development of regulatory policies
that have federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive Order to include regulations
that 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.'' Under Executive Order 13132, EPA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or EPA
consults with State and local officials early in the process of
developing the proposed regulation. EPA also may not issue a regulation
that has federalism implications and that preempts State law unless the
Agency consults with State and local officials early in the process of
developing the proposed regulation.
This rule will 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, because it
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. Thus, the
requirements of section 6 of the Executive Order do not apply to this
rule.
Executive Order 13175, Coordination With Indian Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This proposed rule does not
have tribal implications, as specified in Executive Order 13175. Thus,
Executive Order 13175 does not apply to this rule.
Executive Order 13045, Protection of Children From Environmental Health
Risks and Safety Risks
Protection of Children from Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) Is
determined to be ``economically significant'' as defined under
Executive Order 12866, and (2) concerns an environmental health or
safety risk that EPA has reason to believe may have a disproportionate
effect on children. If the regulatory action meets both criteria,
[[Page 54186]]
the Agency must evaluate the environmental health or safety effects of
the planned rule on children, and explain why the planned regulation is
preferable to other potentially effective and reasonably feasible
alternatives considered by the Agency.
This rule is not subject to Executive Order 13045 because it does
not involve decisions intended to mitigate environmental health or
safety risks.
Executive Order 13211, Actions That Significantly Affect Energy Supply,
Distribution, or Use
This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a
significant regulatory action under Executive Order 12866.
National Technology Transfer and Advancement Act
Section 12 of the National Technology Transfer and Advancement Act
(NTTAA) of 1995 requires Federal agencies to evaluate existing
technical standards when developing a new regulation. To comply with
NTTAA, EPA must consider and use ``voluntary consensus standards''
(VCS) if available and applicable when developing programs and policies
unless doing so would be inconsistent with applicable law or otherwise
impractical.
The EPA believes that VCS are inapplicable to this action which
does not require the public to perform activities conducive to the use
of VCS.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Particulate matter, Reporting and recordkeeping
requirements.
Dated: September 3, 2003.
Jerri-Anne Garl,
Acting Regional Administrator, Region 5.
[FR Doc. 03-23592 Filed 9-15-03; 8:45 am]
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