[Federal Register Volume 61, Number 115 (Thursday, June 13, 1996)]
[Rules and Regulations]
[Pages 29961-29963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14961]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IN59-1-7217a; FRL-5510-7]


Approval and Promulgation of Implementation Plans; Indiana

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: On August 29, 1995, the State of Indiana submitted a State 
Implementation Plan (SIP) revision request to the United States 
Environmental Protection Agency (EPA) for rule changes specific to 
Allison Engine Company (Allison) plants 5 and 8 located in Marion 
County, Indiana. The submittal provides for an annual particulate 
matter ``bubble'' limit (a single limit which applies to the combined 
emissions from more than one source) for several boilers, and the 
shutdown of two other boilers. Short term particulate matter emission 
limits for all remaining stacks remain unchanged. This submittal 
represents a reduction in allowable particulate emissions of 67.7 tons 
per year, and the State has submitted a modeling analysis which shows 
that the revised rules will not have an adverse effect on air quality.

DATES: The ``direct final'' is effective on August 12, 1996, unless EPA 
receives adverse or critical comments by July 15, 1996. If the 
effective date is delayed, timely notice will be published in the 
Federal Register.

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 at (312) 886-3299.

SUPPLEMENTARY INFORMATION:

I. Background

    Indiana's submittal of August 29, 1995, contains revisions to Title 
326 Indiana Administrative Code (326 IAC) 6-1-12. The purpose of these 
changes is to provide a combined annual emission limit for several 
boilers at Allison, and to set an emission limit of zero tons per year 
for 2 boilers which have shut down.
    The proposed rules were published in the Indiana Register on March 
1, 1995. Public hearings were held on the rules on January 11, 1995, 
and April 5, 1995, in Indianapolis, Indiana. The rules were adopted by 
the Indiana Air Pollution Control Board on April 5, 1995; were 
published in the Indiana Register on November 1, 1995, and, became 
effective on November 3, 1995.

II. Analysis of State Submittal

    The rule revisions in the August 29, 1995, submittal provide for 
new particulate matter (measured as total suspended particulate) limits 
for three stacks at Allison's plants 5 and 8. Previously, the stack 
serving boilers 1-4 (plant 5) had a limit of 173.0 tons per year (tpy), 
the stack serving boiler 2 (plant 8) had a limit of 3.2 tpy, the stack 
serving boilers 3-6 (plant 8) had a limit of 9.3 tpy, and the stack 
serving boilers 7-11 (plant 8) had a limit of 12.2 tpy. These stacks 
also had limits of 0.337, 0.15, 0.15, and 0.15 pounds per million 
British Thermal Units (lb/MMBTU), respectively. The revision provides 
limits of 0 tons per year for boilers 2 and 11, which have shut down. 
The hourly mass limits remain unchanged at 0.337 lbs/MMBTU for boilers 
1-4 of plant 5, 0.15 lbs/MMBTU for boilers 3-6 of plant 8, and 0.15 
lbs/MMBTU for boilers 7-10 of plant 8. The rule provides for a combined 
limit of 130.0 tons per year for the boilers mentioned above, as well 
as new limits on the types and amounts of fuel which may be burned at 
the boilers, and a recordkeeping requirement to document compliance.
    One problem which occurs several times in the rule is that, in the 
emissions limitations table, a list of several sources is followed by a 
single limit. For example, boilers 1-4 have a limit of .337 lbs/MMBTU. 
It is not clear from this whether the limit is meant to apply to 
individual boilers, or a single stack serving several boilers in 
common. The State has informed EPA that its intention in such cases is 
that the limit applies to each boiler. Also, the State has agreed to 
correct this problem, which occurs in a number of Indiana PM rules. The 
EPA believes that, since there is no more lenient interpretation

[[Page 29962]]

than the one intended by the State, the EPA believes this 
interpretation will not impede the enforceability of the Allison rules.
    This SIP revision will result in an overall reduction in allowed 
particulate matter emissions of 67.7 tpy. The State has submitted a 
modeling analysis which shows the maximum particulate impact off plant 
property to be 1.53 micrograms per cubic meter. The allowable impact 
for this type of bubble (see 51 FR 43814) is 5 micrograms per cubic 
meter. Therefore, the EPA concludes that the new regulations will 
protect air quality in Marion County, Indiana.

III. Final Rulemaking Action

    Indiana's submittal includes revisions to 326 IAC 6-1-12. The EPA 
has completed an analysis of this SIP revision request based on a 
review of the materials presented by Indiana and has determined that it 
is approvable because it will result in a decrease in allowable 
particulate matter emissions and will protect the air quality in the 
Marion County area.
    The EPA is publishing this action without prior proposal because 
EPA views this action as a noncontroversial revision and anticipates no 
adverse comments. However, EPA is publishing a separate document in 
this Federal Register publication, which constitutes a ``proposed 
approval'' of the requested SIP revision and clarifies that the 
rulemaking will not be deemed final if timely adverse or critical 
comments are filed. The ``direct final'' approval shall be effective on 
August 12, 1996, unless EPA receives adverse or critical comments by 
July 15, 1996. If EPA receives comments adverse to or critical of the 
approval discussed above, EPA will withdraw this approval before its 
effective date by publishing a subsequent Federal Register document 
which withdraws this final action. All public comments received will 
then be addressed in subsequent rulemaking. Please be aware that EPA 
will institute another comment period on this action only if warranted 
by significant revisions to the rulemaking based on any comments 
received in response to today's action. Any parties interested in 
commenting on this action should do so at this time. If no such 
comments are received, EPA hereby advises the public that this action 
will be effective on August 12, 1996.
    This action has been classified as a Table 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
July 9, 1995, memorandum from Mary D. Nichols, Assistant Administrator 
for Air and Radiation. The Office of Management and Budget has exempted 
this regulatory action from Executive Order 12866 review.
    Nothing in this action should be construed as permitting, allowing 
or establishing a precedent for any future request for revision to any 
SIP. EPA shall consider each request for revision to the SIP in light 
of specific technical, economic, and environmental factors and in 
relation to relevant statutory and regulatory requirements.
    Section 202 of the Unfunded Mandates Reform Act of 1995 (``Unfunded 
Mandates Act'') (signed into law on March 22, 1995) requires that the 
EPA prepare a budgetary impact statement before promulgating a rule 
that includes a Federal mandate that may result in expenditure by 
State, local, and tribal governments, in aggregate, or by the private 
sector, of $100 million or more in any one year. Section 203 requires 
the EPA to establish a plan for obtaining input from and informing, 
educating, and advising any small governments that may be significantly 
or uniquely affected by the rule.
    Under section 205 of the Unfunded Mandates Act, the EPA must 
identify and consider a reasonable number of regulatory alternatives 
before promulgating a rule for which a budgetary impact statement must 
be prepared. The EPA must select from those alternatives the least 
costly, most cost-effective, or least burdensome alternative that 
achieves the objectives of the rule, unless the EPA explains why this 
alternative is not selected or the selection of this alternative is 
inconsistent with law.
    Because this final rule is estimated to result in the expenditure 
by State, local, and tribal governments or the private sector of less 
then $100 million in any one year, the EPA has not prepared a budgetary 
impact statement or specifically addressed the selection of the least 
costly, most cost-effective, or least burdensome alternative. Because 
small governments will not be significantly or uniquely affected by 
this rule, the EPA is not required to develop a plan with regard to 
small governments. This rule only approves the incorporation of 
existing State rules into the SIP. It imposes no additional 
requirements.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. (5 U.S.C. 603 and 604.) 
Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    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 it does not have a significant impact on any small entities 
affected. Moreover, due to the nature of the Federal-State relationship 
under the Act, preparation of a regulatory flexibility analysis would 
constitute Federal inquiry into the economic reasonableness of the 
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 (S.Ct. 1976); 42 U.S.C. 7410(a)(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 August 12, 1996. 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, Incorporation by 
reference, Particulate matter.

    Dated: May 15, 1996.
Valdas V. Adamkus,
Regional Administrator.

    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. 7401-7671q.

Subpart P--Indiana

    2. Section 52.770 is amended by adding paragraph (c)(108) to read 
as follows:

[[Page 29963]]

Sec. 52.770   Identification of plan.

* * * * *
    (c) * * *
    (108) On August 29, 1995, Indiana submitted a site specific SIP 
revision request for Allison Engine Company in Marion County, Indiana. 
The revision provides limits of 0 tons per year for boilers 2 and 11, 
which have shut down. The hourly mass limits remain unchanged at 0.337 
pounds per million British Thermal Units (lbs/MMBTU) for boilers 1-4 of 
plant 5, 0.15 lbs/MMBTU for boilers 3-6 of plant 8, and 0.15 lbs/MMBTU 
for boilers 7-10 of plant 8. The rule provides for a combined limit of 
130.0 tons per year for the boilers mentioned above, as well as new 
limits on the types and amounts of fuel which may be burned at the 
boilers, and a recordkeeping requirement to document compliance.
    (i) Incorporation by reference. Indiana Administrative Code Title 
326: Air Pollution Control Board, Article 6: Particulate Rules, Rule 1: 
Nonattainment Area Limitations, Section 12: Marion County. Added at 19 
In. Reg. 186. Effective November 3, 1995.

[FR Doc. 96-14961 Filed 6-12-96; 8:45 am]
BILLING CODE 6560-50-P