[Federal Register Volume 63, Number 126 (Wednesday, July 1, 1998)]
[Rules and Regulations]
[Pages 35837-35839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17380]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IN84-1a; FRL-6114-8]


Approval and Promulgation of Implementation Plan; Indiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: On July 9, 1997, the State of Indiana submitted a State 
Implementation Plan (SIP) revision request to the United States 
Environmental Protection Agency for rule changes specific to the power 
plant at the University of Notre Dame located in Saint Joseph County, 
Indiana. The submittal provides for revised limits on particulate 
matter (PM) emissions from five of Notre Dame's boilers. The revised 
limits are less stringent, overall, than the limits in the current SIP. 
Air quality modeling has been conducted, however, which shows that the 
National Ambient Air Quality Standards (NAAQS) will still be protected 
under the new regulations.

DATES: The ``direct final'' rule is effective on August 31, 1998, 
without further notice unless EPA receives adverse or critical written 
comments by July 31, 1998. If adverse written comment is received, EPA 
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: Copies of the revision request are available for inspection 
at the following address: U.S. Environmental Protection Agency, Region 
5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, 
Illinois 60604. (It is recommended that you telephone David Pohlman at 
(312) 886-3299 before visiting the Region 5 Office.)
    Written comments should be sent to: J. Elmer Bortzer, Chief, 
Regulation Development Section, Air Programs Branch (AR-18J), U.S. 
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, 
Illinois 60604.

FOR FURTHER INFORMATION CONTACT:
David Pohlman, Environmental Scientist, at (312) 886-3299.

SUPPLEMENTARY INFORMATION:

I. Background

    Indiana's submittal of July 9, 1997, contains revisions to title 
326 Indiana Administrative Code (326 IAC) 6-1-18, Saint Joseph County 
particulate emissions limitations. The purpose of

[[Page 35838]]

these changes is to revise emission limits for the five boilers at the 
University of Notre Dame power plant.
    Public hearings were held on the rules on June 5 and November 6, 
1996, in Indianapolis, Indiana. The rules became effective at the State 
level on May 22, 1997, and were published in the Indiana Register on 
June 1, 1997.

II. Analysis of State Submittal

    The revisions to 326 IAC 6-118 affect particulate matter and/or 
heat input limits for five boilers at the University of Notre Dame. The 
particulate matter limit for Boiler 1 is increased from 0.01 pounds per 
million British Thermal Units (1b/MMBTU) to 0.087 1b/MMBTU; Boiler 4's 
particulate limit is increased from 0.01 1b/MMBTU to 0.17/MMBTU, and 
the heat input limit for Boiler 4 is decreased from 284 million British 
Thermal Units per hour (MMBTU/hr) to 234 MMBTU/hr; and for Boiler 5, 
the particulate limit is decreased from 0.17 1b/MMBTU to 0.02 1b/MMBTU, 
while the heat input limit is increased from 137 MMBTU/hr to 244.5 
MMBTU/hr. In addition, individual annual particulate limits for each of 
the five boilers are replaced by a collective annual limit for Boilers 
1, 2, 3, 4, and 5 of 118.7 tons/year.
    The general criteria used by the EPA to evaluate such emissions 
trades, or ``bubbles'', under the Clean Air Act and applicable 
regulations are set out in the EPA's Emissions Trading Policy statement 
(ETSP) (see 51 FR 43814). Emissions trades such as Notre Dame's, which 
result in an overall increase in allowable emissions, require a ``Level 
III'' modeling analysis under the ETPS to ensure that the NAAQS will be 
protected. A Level III analysis is a full-scale ambient dispersion 
analysis which must include emissions from the facility involved in the 
emissions trade as well as from any nearby facilities and background 
pollutant concentrations.
    The modeling analysis submitted by the Indiana Department of 
Environmental Management (IDEM) in support of the proposed Notre Dame 
SIP revision was consistent with a Level II analysis, which only 
includes sources directly involved with the trade. This is not 
acceptable as a demonstration that the NAAQS will not be violated as a 
result of the Notre Dame rule changes. However, a further analysis was 
conducted by the EPA to determine the approvability of the State's 
submittal for Notre Dame. This analysis included the Notre Dame sources 
involved in the SiP revision, as well as other nearby sources and 
background pollutant concentrations. The analysis showed that the SIP 
revision request will not cause or contribute to any exceedances of the 
PM NAAQS.

III. Final Rulemaking Action

    Indiana's submittal includes revisions to 326 IAC 6-1-18. The EPA 
has undertaken an analysis of this SIP revision request based on a 
review of the materials presented by IDEM, and the modeling analysis 
conducted by the EPA, and has determined that the SIP revision request 
is approvable because it is consistent with applicable Clean Air Act 
provisions, including protection of the NAAQS for PM in the Saint 
Joseph County area. It should be noted that the University of Notre 
Dame remains subject to all other applicable provisions of 326 IAC 6-1.
    The EPA is publishing this action without prior proposal because 
EPA views this as a noncontroversial revision and anticipates no 
adverse comments. However, in a separate document in this Federal 
Register publication, the EPA is proposing to approve the SIP revision 
should specified written adverse or critical comments be filed. This 
action will become effective without further notice unless the Agency 
receives relevant adverse written comments on the parallel proposed 
rule (published in the proposed rules section of this Federal Register) 
by July 31, 1998. Should the Agency receive such comments, it will 
publish a final rule informing the public that this action did not take 
effect. Any parties interested in commenting on this action should do 
so at this time. If no such comments are received, the public is 
advised that this action will be effective on August 31, 1998.
    Nothing in this action should be construed as permitting, allowing 
or establishing a precedent for any future request for revision to any 
SIP. Each request for revision to the SIP shall be considered 
separately in light of specific technical, economic, and environmental 
factors and in relation to relevant statutory and regulatory 
requirements.

IV. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget has exempted this regulatory 
action from Executive Order 12866 review.

B. Executive Order 13045

    This final rule is not subject to Executive Order 13045, entitled 
``Protection of Children from Environmental Health Risks and Safety 
Risks,'' because it is not an ``economically significant'' action under 
Executive Order 12866.

C. 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 final 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 
impose 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 a 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. EPA, 427 U.S. 246, 256-66 (1976); 42 
U.S.C. 7410(a)(20).

D. Unfunded Mandates

    Under Section 202 of the Unfunded Mandates Reform Act of 1995, 
signed into law on March 22, 1995, EPA must undertake various actions 
in association with 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. This Federal action approves pre-existing requirements under 
state or local law, and imposes no new requirements. Accordingly, no 
additional costs to state, local, or tribal governments, or the private 
sector, result from this action.

E. Submission to Congress and the Comptroller General

    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, however, exempts from section 801 the 
following types of rules: rules of

[[Page 35839]]

particular applicability; rules relating to agency management of 
personnel; and 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 today's action under section 801 because this is a 
rule of particular applicability.

F. Petitions for Judicial Review

    Under section 307(b)(1) of the Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by August 31, 1998. 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, Particulate 
matter, Incorporation by reference, Intergovernmental relations.

    Dated: June 11, 1998.
David A. Ullrich,
Acting Regional Administrator, Region V.

    For the reasons stated in the preamble, part 52, chapter I, title 
40 of the Code of Federal Regulations is amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 35 et seq.

Subpart P--Indiana

    2. Section 52.770 is amended by adding paragraph (c)(123) to read 
as follows:


Sec. 52.720  Identification of plan.

* * * * *
    (c) * * *
    (123) On July 9, 1997, Indiana submitted a site specific SIP 
revision request for the University of Notre Dame in Saint Joseph 
County, Indiana. The submitted revision amends 326 IAC 6-1-18, and 
provides for revised particulate matter and heat input limitations on 
the five boilers at Notre Dame's power plant.
    (i) Incorporation by reference. Indiana Administrative Code Title 
326: Air Pollution Control Board, Article 6: Particulate Rules, Rule 1: 
Nonattainment Area Limitations, Section 18: St. Joseph County. Added at 
20 In. Reg. 2299. Effective May 22, 1997.

[FR Doc. 98-17380 Filed 6-30-98; 8:45 am]
BILLING CODE 6560-50-M