Approval and Promulgation of Implementation Plans; Indiana

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IN32-2-7011; FRL-5208-4]

Approval and Promulgation of Implementation Plans; Indiana

AGENCY: United States Environmental Protection Agency (USEPA).

ACTION: Final rule.

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SUMMARY: On March 31, 1995, the USEPA proposed approval of a State

Implementation Plan (SIP) request for Lake County, Indiana. The request

was submitted by the State of Indiana for the purpose of bringing about

the attainment of the National Ambient Air Quality Standards (NAAQS)

for particulate matter with an aerodynamic diameter less than or equal

to a nominal 10 micrometers (PM). Public comments were solicited on the

proposed SIP revision, and on USEPA's proposed rulemaking action. The

public comment period ended on May 1, 1995, and no public comments were

received. This rulemaking action approves, in final, the PM SIP

revision request for Lake County, Indiana as requested by Indiana.

EFFECTIVE DATE: This final rule is effective on July 17, 1995.

ADDRESSES: Copies of the State's submittal, and other materials

relating to this rulemaking are available at the following address for

review: United States Environmental Protection Agency, Region 5, Air

and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois

60604.

The docket may be inspected between the hours of 8:30 a.m. and 12

noon and from 1:30 p.m. until 3:30 p.m. Monday through Friday. A

reasonable fee may be charged by the USEPA for copying docket material.

A copy of this SIP revision is available for inspection at: Office

of Air and Radiation (OAR), Docket and Information Center (Air Docket

6102), Room 1500, U.S. Environmental Protection Agency, 401 M Street,

S.W., Washington, D.C. 20460.

FOR FURTHER INFORMATION CONTACT: David Pohlman, Regulation Development

Branch, Regulation Development Section (AR-18J), U.S. Environmental

Protection Agency, Region 5, Chicago, Illinois 60604, (312) 886-3299.

Anyone wishing to visit the Region 5 offices should first contact David

Pohlman.

SUPPLEMENTARY INFORMATION:

Background

Under section 107(d)(4)(B) of the Clean Air Act (Act), as amended

on November 15, 1990 (amended Act), certain areas (``initial areas'')

were designated nonattainment for PM. Under section 188 of the amended

Act these initial areas were classified as ``moderate''. The initial

areas include the Lake County, Indiana, nonattainment area. (See 40 CFR

81.314 for a complete description of these areas.) Section 189 of the

amended Act required State submission of a PM SIP for the initial areas

by November 15, 1991.

Section 110(k) of the Act sets out provisions governing USEPA's

review of SIP submittals (see 57 FR 13565-13566). In this final rule,

USEPA is approving the SIP revision request submitted to USEPA on June

16, 1993, and supplemented on December 9, 1993, September 8, 1994, and

November 17, 1994, for the Lake County nonattainment area. The

submittal repeals rules 326 Indiana Administrative Code (IAC) 5-1-6, 6-

1-10, and 6-1-11. The submittal contains the following new or revised

rules:

[[Page 31413]]

``Gooseneck cap'' definition.

326 IAC 1-2-32.1*........

326 IAC 1-2-34.1*........ ``Jumper pipe'' definition.

326 IAC 1-2-62.1*........ ``Quench car'' definition.

326 IAC 1-2-63.1*........ ``Quench reservoir'' definition.

326 IAC 1-2-63.2*........ ``Quench tower'' definition.

326 IAC 5-1-1*........... Applicability of rule.

326 IAC 5-1-2*........... Visible emission limitations.

326 IAC 5-1-3*........... Temporary exemptions.

326 IAC 5-1-4*........... Compliance determination.

326 IAC 5-1-5*........... Violations.

326 IAC 5-1-7*........... State implementation plan revisions.

326 IAC 6-1-10.1 (a-k)... Lake County PM10 emissions requirements.

326 IAC 6-1-10.2......... Lake County PM10 coke battery emissions

requirements.

326 IAC 6-1-11.1......... Lake County fugitive particulate matter

control requirements.

326 IAC 11-3-2 (a-f and Emission limitations.

i) *.

326 IAC 11-3-4 *......... Compliance determination.

While some of these rules apply strictly to Lake County, others

(marked above with an asterisk) are intended to have state-wide

applicability. The USEPA is approving the rules marked above with an

asterisk for the entire state of Indiana. The other rules are being

approved for sources in Lake County only.

The limitations on point sources in Lake County include source-

specific emissions limits in terms of pounds per ton (lb/ton), pounds

per hour (lbs/hr), pounds per Million British Thermal Units (lb/MMBTU),

and grains per dry standard cubic foot (gr/dscf). There are also

source-specific opacity limits ranging from 5-20 percent on certain

sources in the nonattainment area. Other limitations on point sources

include emission limits on coke ovens located in Lake County and a

general 20 percent opacity limit for all sources in the nonattainment

area. Limitations on sources of fugitive emissions in Lake County

include a 10 percent opacity limit for paved roads and parking lots,

unpaved roads and parking lots, and wind erosion from storage piles.

Indiana also submitted air quality modeling which shows that the

Lake County PM nonattainment area will attain the 24-hour PM standard.

The highest sixth high predicted 24-hour concentration is 149.9

g/m3 (the 24-hour PM standard is 150 g/m3).

The final modeling also predicts attainment of the annual PM standard.

The highest 5-year average predicted PM concentration is 47.7

g/m3 (the standard is 50 g/m3). In

addition, a preliminary review of the available monitored air quality

data for the Lake County area shows that this area is attaining the

NAAQS.

The USEPA proposed approval of and solicited public comments on

this SIP revision request on March 31, 1995. The public comment period

ended on May 1, 1995, and no comments were received.

Final Rulemaking Action

The USEPA is approving the plan revision submitted to USEPA by the

State of Indiana on June 16, 1993, and supplemented on December 9,

1993, September 8, 1994, and November 17, 1994, for the Lake County PM

nonattainment area. Among other things, the State of Indiana has

demonstrated through modeling that the Lake County moderate PM

nonattainment area will attain the PM NAAQS. In addition, a preliminary

review of the monitored air quality data for the Lake County area shows

that this area is attaining the NAAQS.

This action has been classified as a Table 3 action by the Regional

Administrator under the procedures published in the Federal Register on

January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993,

memorandum from Michael H. Shapiro, Acting Assistant Administrator for

Air and Radiation. The OMB has exempted this regulatory action from

Executive Order 12866 review.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any SIP. Each request for revision to any SIP shall be

considered separately in light of specific technical, economic, and

environmental factors and in relation to relevant statutory and

regulatory requirements.

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 14, 1995. 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) of the Act.)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by

reference, Intergovernmental relations, Particulate matter, Reporting

and recordkeeping requirements.

Dated: May 8, 1995.

David A. Ullrich,

Acting Regional Administrator.

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)(99) to read as

follows:

Sec. 52.770 Identification of plan.

* * * * *

(c)* * *

(99) On June 16, 1993, December 9, 1993, September 8, 1994, and

November 17, 1994, Indiana submitted a part D particulate matter (PM)

nonattainment area plan for the Lake County moderate nonattainment

area.

(i) Incorporation by reference.

(A) Indiana Administrative Code Title 326: Air Pollution Control

Board, Article 1: General Provisions, Rule 2: Definitions, Section

32.1: ``Gooseneck cap'' definition, Section 34.1: ``Jumper pipe''

definition, Section 62.1: ``Quench car'' definition, Section 63.1:

``Quench reservoir'' definition, and Section 63.2: ``Quench tower''

definition. Added at 16 Indiana Register 2363, effective June 11, 1993.

(B) Indiana Administrative Code Title 326: Air Pollution Control

Board, Article 5: Opacity Regulations, Rule 1: Opacity Limitations,

Section 1: Applicability of rule, Section 2: Visible emissions

limitations, Section 3: [[Page 31414]] Temporary exemptions, Section 4:

Compliance determination, Section 5: Violations, and Section 7: State

implementation plan revisions. Amended at 16 Indiana Register 2363,

effective June 11, 1993.

(C) Indiana Administrative Code Title 326: Air Pollution Control

Board, Article 6: Particulate Rules, Rule 1: Nonattainment Area

Limitations, Opacity Limitations, Section 10.1: Lake County PM10

emissions requirements (subsections a through k), Section 10.2: Lake

County PM10 coke battery emissions requirements, and Section 11.1: Lake

County fugitive particulate matter control requirements. Added at 16

Indiana Register 2363, effective June 11, 1993.

(D) Indiana Administrative Code Title 326: Air Pollution Control

Board, Article 11: Emissions Limitations for Specific Types of

Operations, Rule 3: Coke Oven Batteries, Section 2: Emissions

limitations (subsections a through f, and i), and Section 4: Compliance

determination. Amended at 16 Indiana Register 2363, effective June 11,

1993.

[FR Doc. 95-14627 Filed 6-14-95; 8:45 am]

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