[Federal Register Volume 61, Number 69 (Tuesday, April 9, 1996)]
[Rules and Regulations]
[Pages 15704-15706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8438]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IN52-1-6978a; FRL-5452-4]
Approval and Promulgation of Implementation Plans; Indiana
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
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SUMMARY: On August 8, 1995, the State of Indiana submitted a State
Implementation Plan (SIP) revision request to the United States
Environmental Protection Agency (USEPA) for rule changes specific to
Richmond Power and Light's (RPL's) Whitewater Generating Station
located in Wayne County in Richmond, Indiana. The submittal provides
for less stringent limits on particulate matter (PM) emissions than
those currently in the SIP from both of the generating station's two
primary boilers. The submittal also adds a combined PM limit for those
times when both boilers are operating, establishes a site-specific
opacity limit for the facility, and specifies a site-specific method
for evaluating PM stack test results. The submittal includes air
quality modeling 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 June 10, 1996, unless
USEPA receives adverse or critical comments by May 9, 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
[[Page 15705]]
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 8, 1995, contains revisions to three
rules. These rules are: Title 326 Indiana Administrative Code (326 IAC)
3-2.1-5, 326 IAC 5-1-2, and 326 IAC 6-1-14. The purpose of these
changes is to revise emission limits and testing procedures for
Richmond Power and Light's Whitewater Generating Station.
The proposed rules were published in the Indiana Register on July
1, 1994. Public hearings were held on the rules on January 5, 1994, and
August 3, 1995, in Indianapolis, Indiana. The rules were adopted by the
Indiana Air Pollution Control Board on August 3, 1994, became effective
on July 15, 1995, and were published in the Indiana Register on August
1, 1995.
II. Analysis of State Submittal
326 IAC 3-2.1-5 contains specific testing procedures for
particulate matter, sulfur dioxide, nitrogen oxides, and volatile
organic compounds. This rule was previously submitted to the USEPA on
January 11, 1991. On February 8, 1994 (59 FR 5742), the USEPA proposed
to disapprove this rule because it contained unacceptable
``Commissioner's discretion'' language. This language allowed the
Commissioner of the Indiana Department of Environmental Management
(IDEM) to authorize alternate emission test methods, changes in test
procedures, and alternate operating load levels. At this time, IDEM has
begun rulemaking to address the ``Commissioner discretion'' issue. In
addition, in the cover letter to its August 8, 1995 submission, IDEM
stated that, until that rulemaking can be completed and approved by
USEPA, no alternate emission test method, changes in test procedures,
or alternate operating load levels during testing will be granted to
RPL. Based on this representation, the submitted revisions to 326 IAC
3-2.1-5 are approvable as they apply to RPL.
The revisions to 326 IAC 3-2.1-5 also add the option for RPL to use
a time-weighted averaging period when evaluating stack tests that
require sootblowing. The time-weighted averaging provision contains an
equation to be used when averaging stack test results to determine
compliance. The equation is from a March 6, 1979 USEPA memorandum
titled ``NSPS Determination--Subpart D.'' This same guidance was
restated in a May 7, 1982, Memorandum from the Assistant Administrator
for Air, Noise and Radiation to the Directors of the Regional Air
Divisions. The time-weighted averaging provision is, therefore,
consistent with USEPA policy and is approvable.
326 IAC 5-1-2 has been amended to establish a site-specific opacity
limit of 30 percent for Richmond Power and Light. The opacity limit is
reduced to 25 percent in May, 1999. Since this revision represents a
tightening of the SIP opacity limit from its previous level of 40
percent, this provision is approvable by the USEPA.
326 IAC 6-1-14 has been amended to provide PM limits of 0.19 pounds
per million British Thermal Units (lb/MMBTU) and 0.22 lb/MMBTU for coal
boilers numbers 1 and 2, respectively, at RPL's Whitewater Generating
Station. This is an increase from the former limits of 0.040 and 0.070
for boilers 1 and 2, respectively. The rule also provides for a
combined limit of 0.22 lb/MMBTU when boilers 1 and 2 are operating
together. Further changes to this rule were made to update the source
names in the table of Wayne County emission limits. The State
conducted, and submitted, a dispersion modeling analysis to demonstrate
that the relaxation of these limits would not cause a violation of the
NAAQS for PM. The analysis showed that highest, sixth-highest 24-hour
concentrations of PM would be 87.4 micrograms per cubic meter, and that
the maximum annual concentration would be 42.5 micrograms per cubic
meter. The NAAQS for PM are 150 and 50 micrograms per cubic meter for
24-hour and annual averages, respectively. Thus, the requested SIP
revision will protect the PM NAAQS in Wayne County, Indiana.
III. Final Rulemaking Action
Indiana's submittal includes revisions to 326 IAC 3-2.1-5, 5-1-2,
and 6-1-14. The USEPA has undertaken an analysis of this SIP revision
request based on a review of the materials presented by IDEM and has
determined that it is approvable because it is consistent with
applicable Clean Air Act provisions, including protection of the NAAQS
for PM in the Wayne County area.
The USEPA is publishing this action without prior proposal because
USEPA views this action as a noncontroversial revision and anticipates
no adverse comments. However, USEPA 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
June 10, 1996, unless USEPA receives adverse or critical comments by
May 9, 1996. If USEPA receives comments adverse to or critical of the
approval discussed above, USEPA 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 USEPA
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, USEPA hereby advises the public that this action
will be effective on June 10, 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. USEPA 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
USEPA 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
[[Page 15706]]
$100 million or more in any one year. Section 203 requires the USEPA 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 USEPA must
identify and consider a reasonable number of regulatory alternatives
before promulgating a rule for which a budgetary impact statement must
be prepared. The USEPA must select from those alternatives the least
costly, most cost-effective, or least burdensome alternative that
achieves the objectives of the rule, unless the USEPA 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 USEPA 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 USEPA 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., USEPA
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, USEPA 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 USEPA to base its actions
concerning SIPs on such grounds. Union Electric Co. v. USEPA., 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 June 10, 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.
Dated: March 22, 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)(107) to read
as follows:
Sec. 52.770 Identification of plan.
* * * * *
(c) * * *
(107) On August 8, 1995, Indiana submitted a site specific SIP
revision request for Richmond Power and Light in Wayne County Indiana.
The submitted revisions provide for revised particulate matter and
opacity limitations on the number 1 and number 2 coal fired boilers at
Richmond Power and Light's Whitewater Generating Station. The revisions
also allow for time weighted averaging of stack test results at
Richmond Power and Light to account for soot blowing. Indiana is making
revisions to 326 IAC 3-2-1, which currently allows Indiana to authorize
alternative emission test methods for Richmond Power and Light. Until
the rule is revised to remove this authority, and approved by the
United States Environmental Protection Agency, no alternate emission
test method, changes in test procedures or alternate operating load
levels during testing is to be granted to Richmond Power and Light.
(i) Incorporation by reference. Indiana Administrative Code Title
326: Air Pollution Control Board, Article 3: Monitoring Requirements,
Rule 2.1: Source Sampling Procedures, Section 5: Specific Testing
Procedures; Particulate Matter; Sulfur Dioxide; Nitrogen Oxides;
Volatile Organic Compounds; Article 5: Opacity Regulations, Rule 1:
Opacity Limitations, Section 2: Visible Emission Limitations; and
Article 6: Particulate Rules, Rule 1: Nonattainment Area Limitations,
Section 14: Wayne County. Added at 18 In. Reg. 2725. Effective July 15,
1995.
(ii) Additional Information. (A) August 8, 1995 letter from the
Indiana Department of Environmental Management to USEPA Region 5
regarding submittal of a state implementation plan revision for
Richmond Power and Light.
[FR Doc. 96-8438 Filed 4-8-96; 8:45 am]
BILLING CODE 6560-50-P
