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[Federal Register: April 13, 2010 (Volume 75, Number 70)]
[Rules and Regulations]               
[Page 18757-18760]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13ap10-4]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2009-0118; FRL-9124-9]

 
Approval and Promulgation of Air Quality Implementation Plans; 
Indiana; Alternate Monitoring Requirements for Indianapolis Power and 
Light--Harding Street Station

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: Indiana requested on December 31, 2008, that EPA approve as

[[Page 18758]]

a revision to its State Implementation Plan (SIP) alternative 
monitoring requirements for the Indianapolis Power and Light Company 
(IPL) at its Harding Street Generating Station. The alternative 
monitoring requirements allow the use of a particulate matter (PM) 
continuous emissions monitoring system (CEMS) in place of a continuous 
opacity monitor system (COMS).

DATES: This direct final rule will be effective June 14, 2010, unless 
EPA receives adverse comments by May 13, 2010. 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-2009-0118, by one of the following methods:
    http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: damico.genevieve@epa.gov.
     Fax: (312) 385-5501.
     Mail: Genevieve Damico, Acting Chief, Criteria Pollutant 
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection 
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
     Hand Delivery: Genevieve Damico, Acting Chief, Criteria 
Pollutant Section, Air Programs Branch (AR-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, 8:30 a.m. to 4:30 p.m., excluding 
Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2009-0118. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://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 http://www.regulations.gov or e-mail. The http://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 http://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 http://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 http://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 Federal 
holidays. We recommend that you telephone Matt Rau, Environmental 
Engineer, at (312) 886-6524 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer, 
Criteria Pollutant Section, Air Programs Branch (AR-18J), Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, (312) 886-6524, rau.matthew@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 Is the Background for This Action?
II. What Is EPA's Analysis of the Revision?
III. What Are the Environmental Effects of This Action?
IV. What Action Is EPA Taking?
V. Statutory and Executive Order Reviews

I. What Is the Background for This Action?

    Indiana has requested a revision to its SIP that would authorize an 
alternative monitoring plan contained in a State Commissioner's Order 
for Unit 7 at IPL's Harding Street Station, located in Indianapolis 
(Marion County), Indiana. Indiana submitted its request to EPA on 
December 31, 2008. The alternative monitoring plan allows IPL to use a 
particulate matter CEMS in place of a COMS to demonstrate compliance 
with applicable PM limits.
    IPL has installed a wet scrubber control device to control sulfur 
dioxide at its Harding Street Station Unit 7. The scrubber adds 
moisture to the exhaust gas, which condenses as the gas stream cools. 
According to Indiana Department of Environmental Management (IDEM), the 
condensation causes unreliable readings from the COMS on Unit 7. COMS 
measures opacity optically, so it cannot distinguish between light 
impairment caused by particulate and light impairment caused by 
moisture. The scrubber also removes some PM, so that placing the COMS 
prior to the exhaust entering the scrubber would also incorrectly 
measure those emissions from Unit 7.
    IDEM has requested EPA approval of the alternative monitoring 
requirements under 326 IAC 3-5-1(c)(2)(A)(iii) of the SIP, which EPA 
approved on December 28, 2009 (74 FR 68541). This provision authorizes 
IDEM to approve an alternative monitoring requirement for fossil fuel-
fired steam generators when IDEM determines that ``installation of an 
opacity monitoring system would not provide accurate determinations of 
emissions as a result of interference from condensed uncombined 
water.'' The PM CEMS will be placed after the scrubber. A PM CEMS with 
proper calibration should provide accurate PM emission readings, even 
with moisture from the scrubber in the exhaust stream. Indiana 
certified the Harding Street Station's PM CEMS on June 22, 2009.
    The alternative monitoring plan for the Harding Street Station was 
adopted by Indiana on October 31, 2008, in Commissioner's Order 
2008-02. It is not effective, however, until EPA approves the 
plan as a SIP revision. See 326 IAC 3-5-1(c)(2)(A)(iv).
    Indiana notified the public of an opportunity to request a public 
hearing on this action on November 12, 2008. It did not receive any 
comments or requests for a public hearing.

II. What Is EPA's Analysis of the Revision?

    Under the alternative monitoring plan approved by Indiana in 
Commissioner's Order 2008-02, IPL will continuously monitor PM 
emissions in place of opacity. The visible emissions exiting the stack 
are primarily composed of PM. Visible emissions observations under 40 
CFR Part 60, Appendix A, Method 9 may be taken in the atmosphere after

[[Page 18759]]

any moisture has condensed and left the plume. A COMS, like the one at 
the Harding Street Station, reads the opacity in the stack. The 
addition of a wet scrubber will remove pollutants from the exhaust, but 
will add moisture. This moisture condenses as the exhaust cools in the 
stack causing a higher opacity reading from the COMS. Installing the 
COMS to read the opacity before the scrubber would also not give an 
accurate measurement of the facility's emissions because the COMS would 
not reflect any emission reductions from the scrubber.
    The PM CEMS will be calibrated to provide accurate measurements 
even with moisture in the stack. The PM CEMS provides the particulate 
emissions from the facility. Knowing the emissions from the facility, 
IPL will be able to make adjustments or control device repairs should 
the emissions rise too high. This facility will average the PM CEMS 
data at time intervals specified in its Title V permit. IPL is also 
required to monitor other pollutants and their operating parameters. 
The alternate monitoring requirement removes the need to operate the 
COMS, but does not remove the opacity limits at the facility under SIP 
rules 326 IAC 5-1. Visible emissions observations in accordance with 
Method 9 can still be made to determine whether the opacity limits are 
being met.\1\
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    \1\ The Commissioner's Order also contains a section granting a 
variance to IPL for the period of time between the completion of the 
CEMS certification and EPA's approval of the alternative opacity 
monitoring plan. As noted in the variance provision: ``This is a 
variance from State law only and does not change Federally approved 
SIP requirements.'' Order at 4.
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III. What Are the Environmental Effects of This Action?

    PM interferes with lung function when inhaled. Exposure to PM can 
cause heart and lung disease. It also aggravates asthma. Airborne 
particulate is also a source of haze, which reduces visibility. PM 
deposited on the ground and in the water harms the environment by 
changing the nutrient and chemical balance.
    This action only changes the PM monitoring requirements for Unit 7 
at the Harding Street Station. All other applicable air pollution 
control requirements remain in place. No changes in any emissions from 
the Harding Street Station are expected as a result of this action.

IV. What Action Is EPA Taking?

    EPA is approving the alternative monitoring plan in Commissioner's 
Order 2008-02 into the Indiana SIP. The alternative monitoring 
plan for IPL's Harding Street Station is to use a PM CEMS on Unit 7 in 
place of a COMS. This action is consistent with Indiana SIP rule 326 
IAC 3-5-1(c)(2)(A)(iii) because moisture in the facility's exhaust 
stream could cause inaccurate opacity readings from a COMS.
    We are publishing this action without prior proposal because we 
view this as a noncontroversial 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 June 14, 2010 
without further notice unless we receive relevant adverse written 
comments by May 13, 2010. 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 June 14, 2010.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve State 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves State law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by State law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have Tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the State, and EPA notes that it will not impose substantial direct 
costs on Tribal governments or preempt Tribal law.
    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 action 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 14, 2010. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a

[[Page 18760]]

petition for judicial review may be filed, and shall not postpone the 
effectiveness of such rule or action. Parties with objections to this 
direct final rule are encouraged to file a comment in response to the 
parallel notice of proposed rulemaking for this action published in the 
proposed rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that EPA can withdraw this direct final rule and address the comment in 
the proposed rulemaking. 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: February 25, 2010.
Walter W. Kovalick Jr.,
Acting Regional Administrator, Region 5.

0
40 CFR part 52 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

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2. Section 52.770 is amended by adding paragraph (c)(194) to read as 
follows:


Sec.  52.770  Identification of plan.

* * * * *
    (c) * * *
    (194) On December 31, 2008, Indiana submitted a Commissioner's 
Order that provided an alternative monitoring plan for Indianapolis 
Power and Light--Harding Street Generating Station in Marion County 
that is being incorporated into its SIP. The alternative monitoring 
requirements allow the use of a particulate matter continuous emissions 
monitoring system in place of a continuous opacity monitor.
    (i) Incorporation by reference. Commissioner's Order 2008-
02 for Indianapolis Power and Light as issued by the Indiana Department 
of Environmental Management on October 31, 2008.

[FR Doc. 2010-8295 Filed 4-12-10; 8:45 am]
BILLING CODE 6560-50-P
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