[Federal Register Volume 64, Number 248 (Tuesday, December 28, 1999)]
[Rules and Regulations]
[Pages 72561-72564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33025]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR PART 52
[IN110-1a, FRL-6483-2]
Approval and Promulgation of Implementation Plans; Indiana
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The EPA is approving revised source specific lead (Pb)
emissions limits for the Hammond Group--Halstab Division (Halstab)
facility located in Hammond, Indiana which is located in Lake County.
This requested revision to the Indiana State Implementation Plan (SIP)
was submitted by the State of Indiana on May 18, 1999.
DATES: This rule is effective on February 28, 2000, unless EPA receives
adverse written comments by January 27, 2000. If adverse comment is
received, EPA will publish a timely withdrawal of the rule in the
Federal Register and inform the public that the rule will not take
effect.
ADDRESSES: Written comments should be sent to: J. Elmer Bortzer, Chief,
Regulation Development Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago,
Illinois 60604.
Copies of the material submitted by the State in support of this
request are available for inspection at the Environmental Protection
Agency, Region 5, Air and Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. (Please telephone Randolph O. Cano
at (312) 886-6036 before visiting the Region 5 Office.)
FOR FURTHER INFORMATION CONTACT: Randolph O. Cano, Environmental
Protection Specialist, Regulation Development Section, Air Programs
Branch (AR-18J), EPA, Region 5, Chicago, Illinois 60604, (312) 886-
6036.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'',
``us'', or ``our'' is used we mean EPA.
Table of Contents
I. What is the Background for This Action?
II. How do the Requested Emission Limits Compare to the Present SIP
Requirements?
III. How Will the Lead Emission Reductions be Achieved?
IV. How Will the Revised Lead Emission Limits Affect Air Quality?
V. EPA Rulemaking Action
VI. Administrative Requirements
A. Executive Order 12866
[[Page 72562]]
B. Executive Orders on Federalism
C. Executive Order 13045
D. Executive Order 13084
E. Regulatory Flexibility Act
F. Unfunded Mandates
G. Submission to Congress and the Comptroller General
H. National Technology Transfer and Advancement Act
I. Petitions for Judicial Review
I. What Is the Background for This Action?
Halstab manufactures lead stabilizers for use in plastics, wire and
cable applications. Halstab requested a rule change from the currently
applicable SIP-approved lead emission limits. The current emission
limits are codified at title 326 of the Indiana Administrative Code,
Article 15, Rule 1, Section 2 (326 IAC 15-1-2). The current rule limits
emissions by regulating the allowable pounds of lead per hour, as well
as the hours of operation per quarter, at 15 emission points: stacks s-
1, and s-4 through s-17. In order to meet its current marketing
demands, Halstab requested that Indiana revise Halstab's emission
limits by removing all the operating hour restrictions while lowering
the hourly emission limits.
II. How Will the Lead Emission Rate Reductions Be Achieved?
Halstab is installing high efficiency particulate air (HEPA)
filters at all emission points listed in the proposed SIP in order to
lower its emissions.
III. How do the Requested Emission Limits Compare to the Current
Federally Approved Emission Limits?
The current federally-approved lead emission rates range from a
high of 1 pound per hour to a low of 0.12 pound per hour at the various
listed emission points. The proposed lead rule incorporates limits at
two additional emission points which range from a high of 0.07 pounds
per hour to a low of 0.03 pounds per hour. Total annual allowable lead
emissions under the current SIP requirements are 31,546 pounds. Under
the revised requirement, Halstab's actual annual lead emissions should
not exceed 6,832.8 pounds.
IV. How Will the Revised Emission Limits Affect Air Quality?
Indiana required an air quality modeling demonstration as a part of
this rule change request. The modeling analysis used was the Industrial
Source Complex Long Term (ISCLT) Model Version 96113. Halstab modeled a
series of discrete receptor grids along with three discrete receptors
representing the three lead monitors in the area. Halstab took
background concentrations from the closest lead monitor which is
located at 2325 Sumner Street in Hammond, Indiana. The modeled
concentrations of the proposed allowables added with the background
data are below the lead National Ambient Air Quality Standards (NAAQS).
This demonstrated that the decreased allowable emission limitations
along with the removal of all operating hour restrictions at Halstab
should not result in a violation of the lead NAAQS.
V. EPA Rulemaking Action
EPA has examined the State's SIP revision request and the
supporting documentation provided by the State. Based on the merits of
the information supplied, EPA approves the incorporation of 326 IAC 15-
1-2(a)(7)(A) through (G) into the Indiana SIP.
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, EPA is proposing to approve the State Plan should adverse
written comments be filed. This action will be effective without
further notice unless EPA receives relevant adverse written comment by
January 27, 2000. Should EPA receive such comments, it will publish a
final rule informing the public that this action will 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 February 28, 2000.
VI. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order (E.O.) 12866, entitled
``Regulatory Planning and Review.''
B. Executive Order 13132
Federalism (64 FR 43255, August 10, 1999) revokes and replaces E.O.
12612 (Federalism) and E.O. 12875 (Enhancing the Intergovernmental
Partnership). E.O. 13132 requires EPA to develop an accountable process
to ensure ``meaningful and timely input by State and local officials in
the development of regulatory policies that have federalism
implications.'' ``Policies that have federalism implications'' is
defined in the E.O. to include regulations that 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.'' Under E.O.
13132, EPA may not issue a regulation that has federalism implications,
that imposes substantial direct compliance costs, and that is not
required by statute, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by State and
local governments, or EPA consults with State and local officials early
in the process of developing the proposed regulation. EPA also may not
issue a regulation that has federalism implications and that preempts
State law unless the Agency consults with State and local officials
early in the process of developing the proposed regulation.
This final rule will 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 E.O. 13132. Thus, the
requirements of section 6 of the E.O. do not apply to this rule.
C. Executive Order 13045
Protection of Children from Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is
determined to be ``economically significant'' as defined under E.O.
12866, and (2) concerns an environmental health or safety risk that EPA
has reason to believe may have a disproportionate effect on children.
If the regulatory action meets both criteria, the Agency must evaluate
the environmental health or safety effects of the planned rule on
children, and explain why the planned regulation is preferable to other
potentially effective and reasonably feasible alternatives considered
by the Agency.
This rule is not subject to E.O. 13045 because it does not involve
decisions intended to mitigate environmental health or safety risks.
D. Executive Order 13084
Under E.O. 13084, EPA may not issue a regulation that is not
required by statute, that significantly affects or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments. If the mandate is unfunded,
EPA must provide to the Office of Management and Budget, in a
[[Page 72563]]
separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation.
In addition, E.O. 13084 requires EPA to develop an effective
process permitting elected and other representatives of Indian tribal
governments ``to provide meaningful and timely input in the development
of regulatory policies on matters that significantly or uniquely affect
their communities.'' Today's rule does not significantly or uniquely
affect the communities of Indian tribal governments. Accordingly, the
requirements of section 3(b) of E.O. 13084 do not apply to this rule.
E. 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 create
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 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. U.S. EPA, 427 U.S. 246, 255-66 (1976);
42 U.S.C. 7410(a)(2).
F. Unfunded Mandates
Under Section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
annual costs to State, local, or tribal governments in the aggregate;
or to private sector, of $100 million or more. Under Section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the approval action promulgated does not
include a Federal mandate that may result in estimated annual costs of
$100 million or more to either State, local, or tribal governments in
the aggregate, or to the private sector. 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 to the private sector, result from this action.
G. 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. 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 rule is not a ``major'' rule as defined by 5 U.S.C.
804(2).
H. National Technology Transfer and Advancement Act
Section 12 of the National Technology Transfer and Advancement Act
(NTTAA) of 1995 requires Federal agencies to evaluate existing
technical standards when developing a new regulation. To comply with
NTTAA, EPA must consider and use ``voluntary consensus standards''
(VCS) if available and applicable when developing programs and policies
unless doing so would be inconsistent with applicable law or otherwise
impractical.
The EPA believes that VCS are inapplicable to this action. Today's
action does not require the public to perform activities conducive to
the use of VCS.
I. Petitions for Judicial Review
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 February 28, 2000. 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, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Intergovernmental
relations, Lead, Reporting and recordkeeping requirements.
Dated: November 19, 1999.
Francis X. Lyons,
Regional Administrator, Region 5.
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 et seq.
Subpart P--Indiana
2. Section 52.770 is amended by adding paragraph (c)(129) to read
as follows:
Sec. 52.770 Identification of plan.
* * * * *
(c)* * *
(129) On May 18, 1999, the Indiana Department of Environmental
Management submitted revised site-specific lead emission limits for
Hammond Group--Halstab Division located in Hammond (Lake County),
Indiana. The revised emission limits are expressed as pounds-per-hour
limits ranging from 0.04 to 0.07 applicable to sixteen separate
emissions points. The revised emission limits will result in the
reduction of total allowable lead emissions from 31,546 pounds per year
as provided for in the current federally-approved State Implementation
Plan to 6,832.8 pounds per year.
(i) Incorporation by reference.
(A) Indiana Administrative Code 326: Air Pollution Control Board,
Article 15 Lead, Rule 1 Lead Emissions
[[Page 72564]]
Limitations, Section 2--Source Specific Provisions, subsection (a),
subdivision 7, clauses (A) through (G). Amended at 22 Indiana Register
1427, effective February 5, 1999.
[FR Doc. 99-33025 Filed 12-27-99; 8:45 am]
BILLING CODE 6560-50-P
