Approval and Promulgation of Implementation Plans; Indiana

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]

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