Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Rules and Regulations 56981 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R05–OAR–2007–0952; FRL–8722–8] 

Approval of Revised Municipal Waste 

Combustor State Plan for Designated 

Facilities and Pollutants: Indiana 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving revisions to 

Indiana’s State plan to control air 

pollutants from large Municipal Waste 

Combustors (MWCs). The Indiana 

Department of Environmental 

Management (IDEM) submitted the State 

plan on August 24, 2007. The revisions 

are consistent with Emission Guideline 

(EG) amendments promulgated by EPA 

on May 10, 2006. This approval means 

that EPA finds that the State plan 

amendments meet applicable Clean Air 

Act (CAA) requirements for large MWCs 

for which construction commenced on 

or before September 20, 1994. Once 

effective, this approval also makes the 

amended State plan Federallyenforceable. On July 8, 2008, EPA also 

published a proposed rule (73 FR 

38954) and a direct final rule (73 FR 

38925) on this revision. The direct final 

rule stated that if EPA received an 

adverse comment, it would withdraw 

the direct final rule and address all 

public comments received in a 

subsequent final rule based on the 

proposed rule. EPA received an adverse 

comment and removed the direct final 

rule on August 21, 2008 (73 FR 49349). 

This rule responds to the comments 

received and announces EPA’s final 

action. 

DATES: This final rule is effective on 

October 31, 2008. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2007–0952. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

i.e., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly-available docket materials are 

available either electronically through 

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 Margaret 

Sieffert, Environmental Engineer, at 

(312) 353–1151 before visiting the 

Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Margaret Sieffert, Environmental 

Engineer, Environmental Protection 

Agency, Region 5, 77 West Jackson 

Boulevard (AT–18J), Chicago, Illinois 

60604, (312) 353–1151, 

sieffert.margaret@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 Public Comments Were Received on 

the Proposed Approval and What is 

EPA’s Response? 

II. What Action is EPA Taking? 

III. Statutory and Executive Order Reviews 

I. What Public Comments Were 

Received on the Proposed Approval 

and What is EPA’s Response? 

EPA received two comments on its 

July 8, 2008, proposal from the Indiana 

Department of Environmental 

Management (IDEM), as follows: 

Comment 1. IDEM stated that in the 

table for particulate matter published in 

the Federal Register on July 8, 2008 (73 

FR 38927), there is a typographical error 

in identifying the appropriate footnotes 

for the emission limitation. The first 

entry in the second column of the table 

reads ‘‘25 milligrams per dry standard 

cubic meter (mg/dscm) 1,4 ’’when the 

appropriate footnote designation should 

be ‘‘25 milligrams per dry standard 

cubic meter (mg/dscm). 1 ’’The final rule 

for amending 326 IAC 11–7–3 (LSA 

#06–434(F)) included in the State plan 

submitted on August 24, 2007 shows a 

strikeout over the number 4. 

Comment 2. IDEM submitted an 

agency correction to their August 24, 

2007, submittal to amend 326 IAC 11– 

7–3 to correct footnotes for mercury and 

sulfur dioxide in the emissions 

limitations table. The agency correction 

was published on July 23, 2008 in the 

Indiana Register and is effective 

September 6, 2008. IDEM is requesting 

that these corrections be a part of the 

final Federal approval. 

EPA response 1 and 2. EPA is 

correcting the table to address both 

comments from IDEM as follows: 

Pollutant Emission limits 

Particulate matter ............................ 25 milligrams per dry standard cubic meter (mg/dscm) 1

Opacity ............................................ 10% based on a 6-minute average 

Cadmium ......................................... 0.035 mg/dscm 1

Lead ................................................ 0.400 mg/dscm 1

Mercury ........................................... 0.050 mg/dscm; or 15% of the potential mercury emissions concentration 1,3

Sulfur dioxide .................................. 29 parts per million by volume (ppmv); or 20% of the potential sulfur dioxide emission concentration 3,4

Hydrogen chloride ........................... 29 ppmv; or 5% of the potential hydrogen chloride emissions concentration 2,3

Organic emission (expressed as 

total mass dioxins/furans).

30 nanograms per dry standard cubic meter (ng/dscm) total mass 1

Nitrogen oxides ............................... 205 ppmv 2

Carbon monoxide 5 .......................... 100 ppmv 5 (based on a 4-hour block averaging time) 

1 Corrected to seven percent (7%) oxygen. 

2 Corrected to seven percent (7%) oxygen, dry basis. 

3Whichever concentration is less stringent. 

4 Corrected to seven percent (7%) oxygen, dry basis, calculated as a 24 hour daily geometric mean. 

5 Measured at the combustor outlet in conjunction with a measurement of oxygen concentration, corrected to seven percent (7%) oxygen, dry 

basis, calculated as an arithmetic mean. 

II. What Action Is EPA Taking? 

We are approving Indiana’s revised 

State plan for large MWCs, submitted to 

EPA on August 24, 2007, with 

corrections submitted on July 29, 2008. 

This plan revision approval excludes 

certain authorities retained by EPA, as 

stated in 40 CFR 60.30b(b) and 

60.50b(n). 


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56982 Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Rules and Regulations 

III. 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 That 

Significantly Affect Energy Supply, 

Distribution, or Use 

Because it is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866 or a ‘‘significant energy 

action,’’ 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). 

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 preexisting 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 (Pub. L. 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 

(59 FR 22951, 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 (CAA). 

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 approves a 

state rule implementing a Federal 

Standard. 

National Technology Transfer 

Advancement Act 

In reviewing state submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the CAA. 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 state submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a state 

submission, to use VCS in place of a 

state submission that otherwise satisfies 

the provisions of the CAA. 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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by December 1, 2008. 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 62 

Environmental protection, Air 

pollution control, Administrative 

practice and procedure, 

Intergovernmental relations, Municipal 

waste combustors, Reporting and 

recordkeeping requirements. 

Dated: September 19, 2008. 

Robert A. Kaplan, 

Acting Regional Administrator, Region 5. 

■ 40 CFR part 62 is amended as follows: 

PART 62—[AMENDED] 

■ 1. The authority citation for part 62 

continues to read as follows: 

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

Subpart P—Indiana 

■ 2. Sections 62.3650, 62.3651, and 

62.3652 to Subpart P are revised to read 

as follows: 

§ 62.3650 Identification of plan. 

(a) On September 30, 1999, Indiana 

submitted the State plan for 

implementing the Federal Large 

Municipal Waste Combustor (MWC) 

Emission Guidelines to control 

emissions from existing MWCs with the 

capacity to combust greater than 250 

tons per day of municipal solid waste. 

The enforceable mechanism for this 

plan is a State rule codified in 326 

Indiana Administrative Code (IAC) 11– 

7. The rule was adopted on September 

2, 1998, filed with the Secretary of State 

on January 18, 1999, and became 

effective on February 17, 1999. The rule 

was published in the Indiana Register 

on March 1, 1999 (22 IR 1967). 

(b) On August 24, 2007 (with 

corrections submitted on July 29, 2008), 

Indiana submitted a revised State plan 

as required by Sections 129(a)(5) and 

129(b)(2) of the Act. The revised (Phase 

II) State plan implements amendments 

to 40 CFR Part 60, Subpart Cb published 

in the Federal Register on May 10, 

2006. The Phase II State plan includes 


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Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Rules and Regulations 56983 

1 In our December 31, 2007 proposal we stated 

that a revised 8-hour SIP submittal must contain 

fees on major sources if the area fails to attain the 

standard (CAA 182(d)(3) and 185). Currently EPA 

is developing regulations and guidance to address 

section 185 fees. The regulations and guidance will 

supersede any conflicting requirements in this final 

action. 

2Under CAA section 202(a)(6) gasoline vapor 

recovery remains a requirement for serious and 

above nonattainment areas but is no longer a 

requirement for moderate nonattainment areas. 

Please see 59 FR 16262, April 6, 1994. 

an amendment to State Rule 326 IAC 

11–7 that was adopted by Indiana on 

February 7, 2007. 

§ 62.3651 Identification of sources. 

The plan applies to all existing MWCs 

with the capacity to combust greater 

than 250 tons per day of municipal solid 

waste, and for which construction, 

reconstruction, or modification was 

commenced on or before September 20, 

1994, as consistent with 40 CFR Part 60, 

subpart Cb. 

§ 62.3652 Effective Date. 

The effective date of Phase I of the 

approval of the Indiana State plan for 

MWCs with the capacity to combust 

greater than 250 tons per day of 

municipal solid waste was January 18, 

2000. 

Phase II of the State plan revision is 

effective December 1, 2008. 

[FR Doc. E8–22952 Filed 9–30–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–R06–OAR–2007–0554; FRL—8721–8] 

Clean Air Act Reclassification of the 

Houston/Galveston/Brazoria Ozone 

Nonattainment Area; Texas; Final Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is granting a request by 

the Governor of the State of Texas to 

voluntarily reclassify the Houston/ 

Galveston/Brazoria (HGB) ozone 

nonattainment area from a moderate 8- 

hour ozone nonattainment area to a 

severe 8-hour ozone nonattainment area. 

EPA is also setting April 15, 2010, as the 

date for the State to submit a revised 

State Implementation Plan (SIP) 

addressing the severe ozone 

nonattainment area requirements of the 

Clean Air Act (CAA). 

DATES: This final rule is effective on 

October 31, 2008. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R06–OAR– 

2007–0554. All documents in the docket 

are listed at http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

or other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through http:// 

www.regulations.gov or in hard copy at 

the Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. The file will be made 

available by appointment for public 

inspection in the Region 6 Freedom of 

Information Act (FOIA) Review Room 

between the hours of 8:30 a.m. and 4:30 

p.m. weekdays except for legal holidays. 

Contact the person listed in the FOR

FURTHER INFORMATION CONTACT

paragraph below or Mr. Bill Deese at 

214–665–7253 to make an appointment. 

If possible, please make the 

appointment at least two working days 

in advance of your visit. There will be 

a 15 cent per page fee for making 

photocopies of documents. On the day 

of the visit, please check in at the EPA 

Region 6 reception area at 1445 Ross 

Avenue, Suite 700, Dallas, Texas. 

FOR FURTHER INFORMATION CONTACT: Carl 

Young, Air Planning Section (6PD–L), 

Environmental Protection Agency, 

Region 6, 1445 Ross Avenue, Suite 700, 

Dallas, Texas 75202–2733, telephone 

(214) 665–6645; fax number 214–665– 

7263; e-mail address 

young.carl@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, whenever 

‘‘we’’, ‘‘us’’, and ‘‘our’’ are used, we 

mean the EPA. 

Table of Contents 

I. What Is the Background for This Action? 

II. What Action Is EPA Taking? 

III. What Comments Did EPA Receive on the 

December 31, 2007, Proposal and How 

Has EPA Responded to Them? 

IV. Final Action 

V. Statutory and Executive Order Reviews 

I. What Is the Background for This 

Action? 

The HGB area consists of Brazoria, 

Chambers, Fort Bend, Galveston, Harris, 

Liberty, Montgomery and Waller 

counties. On April 30, 2004, we 

classified the area as a moderate 

nonattainment area for the 1997 8-hour 

ozone standard, with an attainment date 

no later than June 15, 2010 (69 FR 

23858). On June 15, 2007, we received 

a request from the Governor of Texas 

seeking voluntary reclassification of the 

HGB area from a moderate 

nonattainment area to a severe 

nonattainment area under the 1997 

standard. On December 31, 2007, we 

proposed to reclassify the HGB area to 

a severe nonattainment area for the 1997 

8-hour ozone standard (72 FR 74252). In 

our proposal we discussed the 

consequences of reclassification. We 

also proposed and solicited comment on 

a range of dates, from December 15, 

2008 to April 15, 2010, for the State to 

submit a revised SIP addressing the 

severe ozone nonattainment 

requirements. In this final rulemaking, 

for the reasons set forth below in 

Section II and in the responses to 

comments, we are (1) reclassifying the 

HGB area as a severe nonattainment area 

for the 1997 8-hour ozone standard and 

(2) selecting April 15, 2010 as the 

deadline by which the State must 

submit a revised SIP addressing the 

applicable severe area requirements.1

II. What Action Is EPA Taking? 

A. Reclassification of the HGB Area 

After fully considering all comments 

received on the proposed rule and 

pursuant to CAA section 181(b)(3), the 

HGB area is reclassified as a severe 

nonattainment area for the 1997 8-hour 

ozone standard. The new severe area 

attainment date for the HGB area is as 

expeditiously as practicable, but no later 

than June 15, 2019. The plain language 

of CAA section 181(b)(3) mandates that 

we approve the request to reclassify the 

area to severe, as requested by the 

Governor of Texas, and that we have no 

discretion to deny the request. Section 

181(b)(3) provides in relevant part that 

‘‘[t]he Adminstrator shall grant the 

request of any State to reclassify a 

nonattainment area in that State in 

accordance with table 1 of subsection (a) 

of this section to a higher 

classification.’’ 

A revised SIP for the HGB area must 

include all the requirements for serious 

ozone nonattainment area plans, such 

as: (1) Enhanced ambient monitoring 

(CAA section 182(c)(1)); (2) an enhanced 

vehicle inspection and maintenance 

program (CAA section 182(c)(3)); (3) a 

clean fuel vehicle program or an 

approved substitute (CAA section 

182(c)(4)), and (4) gasoline vapor 

recovery for motor vehicle refueling 

emissions (CAA section 182(b)(3) 2). The 

revised SIP must also meet the severe 

area requirements, including: (1) An 

attainment demonstration (40 CFR 

51.908); (2) provisions for reasonably 

available control technology (RACT) 

and reasonably available control 


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