[Federal Register: April 9, 2003 (Volume 68, Number 68)]
[Proposed Rules]
[Page 17331-17332]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09ap03-25]
[[Page 17331]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IN153-1;FRL-7478-2]
Approval and Promulgation of Implementation Plans; Indiana
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The EPA is proposing to approve revisions to particulate
matter (PM) regulations for Richmond Power and Light Company (RPL) of
Wayne County, Indiana. On January 31, 2003, Indiana requested that EPA
``parallel process'' this State Implementation Plan (SIP) revision
request, as an amendment to 326 Indiana Administrative Code (IAC) 6-1-
14. RPL operates a power plant with two coal-fired boilers. EPA
approved revisions to the short-term PM limits for these boilers on
April 9, 1996 (61 FR 15704). Indiana is now seeking to revise the long-
term (annual) PM limits for RPL to make them consistent with the short-
term limits. The new PM limits are 320 tons per year (TPY) for boiler
no. 1 and 700 TPY for boiler no. 2. Modeling analyses show that air
quality is expected to be maintained.
DATES: The EPA must receive written comments by May 9, 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.
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.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' are used we mean the EPA.
Table of Contents
I. What is the EPA proposing to approve?
II. What are the proposed changes from the current rule?
III. What is the EPA's analysis of the supporting materials?
IV. What are the environmental effects of these actions?
V. Summary of EPA action.
VI. Statutory and Executive Order Reviews.
I. What Is the EPA Proposing to Approve?
The EPA is proposing, through ``parallel processing,'' to approve
revisions to the annual (long-term) PM limits for two boilers at the
Richmond Power and Light facility. These revisions to the limits in 326
IAC 6-1-14 make these long-term limits consistent with the short-term
limits previously approved by EPA as SIP revisions. The requested new
PM limits are 320 TPY for boiler no. 1 and 700 TPY for boiler no. 2.
Parallel processing enables EPA to propose action on a state rule
before it becomes final under state law. If the final, adopted state
rule is substantially unchanged from the submission on which the
proposed rule is based, then EPA may take final action based on its
proposal. Significant changes in the rule between the version reviewed
and the final, adopted version, may result in a new EPA proposed rule
on the adopted rule. Without such significant changes, EPA will proceed
with final rulemaking.
II. What Are the Proposed Changes From the Current Rule?
Indiana submitted, as a parallel processing request, revisions to
326 IAC 6-1-14 on January 31, 2003. Indiana revised the long-term PM
limits for the two RPL boilers to make them consistent with their
short-term limits. For boiler no. 1, the new limit is 320 TPY; for
boiler no. 2, the new limit is 700 TPY. The previous limits were 71.6
TPY and 233.3 TPY, respectively. RPL's short-term limits remain at 0.19
pounds per million British Thermal Units (lb/MMBTU) and 0.22 lb/MMBTU,
respectively. The combined short-term emissions limit for both boilers
stays at 0.22 lb/MMBTU.
III. What Is the EPA's Analysis of the Supporting Materials?
Indiana submitted a PM modeling analysis for RPL on August 8, 1995
as part of the SIP revision request approved by EPA in April 1996. This
modeling analysis applies to both the short-term limits approved in
1996 and to the new long-term limits. The maximum modeled annual PM
concentration was 42.5 micrograms per meter cubed ([mu]g/
m3). This is 1.7 [mu]g/m3 above the measured
background concentration of 40.8 [mu]g/m3. The annual
National Ambient Air Quality Standard (NAAQS) for PM is 50 [mu]g/
m3. As the modeled concentration is below the NAAQS, the air
quality of Wayne County, Indiana should be protected.
IV. 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.
Each boiler is equipped with a control device. A common 325-foot
tall stack replaced two 150-foot tall stacks in 1989. Both of these
features help reduce PM concentration. Although the proposed new long-
term emission limits are an increase over current limits, they are
consistent with the short-term limits. The short-term limits should
protect against brief, high concentration episodes. The modeling
analysis found that with the new limits, the annual PM NAAQS should be
maintained. Therefore, the new limits being proposed should protect the
air quality of Wayne County, Indiana.
V. Summary of EPA Action
EPA is proposing, through parallel processing, to approve revisions
to 326 IAC 6-1-14, the PM emission limits for Wayne County, Indiana.
These revisions change the long-term (annual) PM emission limits for
both boilers at the RPL facility to make them consistent with short-
term limits for these sources. EPA approved revisions to the short-term
limits for RPL on April 9, 1996. The PM modeling analysis show
concentrations below the NAAQS level, demonstrating that the air
quality of Wayne County, Indiana should be protected.
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 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).
[[Page 17332]]
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. 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 June 9, 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 section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Particulate matter, Reporting and recordkeeping
requirements.
Dated: April 1, 2003.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. 03-8538 Filed 4-8-03; 8:45 am]
BILLING CODE 6560-50-P