Approval and Promulgation of Implementation Plans; Indiana

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IN67-1a; FRL-5827-5]

Approval and Promulgation of Implementation Plans; Indiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On August 26, 1996, the State of Indiana submitted rule 326

IAC 10-1 as a requested revision to the State Implementation Plan (SIP)

for ozone. This rule requires oxides of nitrogen (NOX)

Reasonably Available Control Technology (RACT) for portland cement

kilns, electric utility boilers, and industrial, commercial, or

institutional (ICI) boilers in Clark and Floyd Counties. In addition,

on April 30, 1997, Indiana submitted a negative declaration certifying

that, to the best of the State's knowledge, there are no remaining

major sources of NOX in Clark and Floyd Counties which need

RACT rules. NOX emissions are a precursor of ground-level

ozone, an air pollutant which can cause inflammation of lung tissue and

decrease lung function. NOX emissions also contribute to

acid rain, eutrophication of estuaries, and the formation of secondary

nitrate particulate matter. Indiana expects this NOX RACT

SIP revision will reduce NOX emissions by 44 percent (%), or

6352 tons per year, in Clark and Floyd Counties. In this action, EPA is

approving the NOX RACT rule and negative declaration as

revisions to the SIP through a ``direct final'' rulemaking; the

rationale for this approval is set forth below.

DATES: This action is effective August 4, 1997 unless adverse comments

are received by July 3, 1997. If the effective date is delayed, timely

notice will be published in the Federal Register.

ADDRESSES: Written comments can be mailed to: J. Elmer Bortzer, Chief,

Regulation Development Section, Air Programs Branch (AR-18J), Air and

Radiation Division, U.S. Environmental Protection Agency, 77 West

Jackson Boulevard, Chicago, Illinois, 60604.

Copies of the SIP revision request and EPA's analysis (Technical

Support Document) are available for inspection at the following

address: (It is recommended that you telephone Mark J. Palermo at (312)

886-6082, before visiting the Region 5 office.) U.S. Environmental

Protection Agency, Region 5, Air and Radiation Division, 77 West

Jackson Boulevard, Chicago, Illinois, 60604.

FOR FURTHER INFORMATION CONTACT: Mark J. Palermo, Environmental

Protection Specialist, at (312) 886-6082.

SUPPLEMENTARY INFORMATION:

I. Background

On November 15, 1990, the Clean Air Act Amendments of 1990 (Act)

were enacted. Pub. L. 101-549, 104 Stat. 2399, codified at 42 U.S.C.

7401-7671q. Section 182(f) of the Act requires States to apply the same

requirements to major stationary sources of NOX as are

applied to major stationary sources of volatile organic compounds

(VOC), unless the EPA determines that, for a given ozone nonattainment

area, reductions in NOX would not contribute to the area's

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

ozone. Under section 182(b)(2), major stationary sources of VOC in

areas designated moderate ozone nonattainment and above are required to

adopt and implement Reasonably Available Control Technology (RACT)

regulations. Therefore, areas subject to section 182(f) requirements

must adopt RACT regulations for major sources of NOX, unless

a waiver pursuant to section 182(f) has been approved.

In Indiana, two areas are classified as moderate ozone

nonattainment and above: the Lake and Porter Counties portion of the

Chicago severe ozone nonattainment area, and the Clark and Floyd

Counties portion of the Louisville moderate ozone nonattainment area.

On January 26, 1996, EPA exempted Lake and Porter Counties from section

182(f) RACT requirements because the State adequately demonstrated that

the area meets the Act's NOX exemption criteria (61 FR

2428). No waiver was requested for Clark and Floyd Counties, and,

therefore, these counties are subject to the section 182(f) RACT

requirement.

On February 7, 1996, the Indiana Air Pollution Control Board

(IAPCB) adopted rule 326 IAC 10-1 for Clark and Floyd Counties in

accordance with the section 182(f) RACT requirement. Public hearings on

the rule were held on November 1, 1995, and February 7, 1996, in

Indianapolis, Indiana. The rule was filed with the Secretary of State

on May 13, 1996, and became effective on June 12, 1996; it was

published in the Indiana State Register on July 1, 1996. The Indiana

Department of Environmental Management (IDEM) formally submitted the

rule to EPA on August 26, 1996, as a revision to the Indiana ozone SIP.

EPA made a finding of completeness of this submittal in a letter dated

December 20, 1996. On April 30, 1997, Indiana submitted a negative

declaration certifying that, to the best of the State's knowledge,

there are no remaining major sources of NOX in Clark and

Floyd Counties which need RACT rules.

II. EPA Requirements

Under section 182(f), major stationary sources of NOX in

Clark and Floyd Counties are subject to the same requirements of

section 182(b)(2) as are major stationary sources of VOC. Section

182(b)(2) requires that moderate and above ozone nonattainment areas

adopt RACT regulations for VOC source categories covered by a Control

Techniques Guidelines (CTG) document, or for major sources of VOC not

covered by a CTG.1 The EPA has defined RACT as the lowest

emission limitation that a particular source is capable of meeting by

the application of control technology that is reasonably available,

considering technological and economic feasibility (44 FR 53762;

September 17, 1979). CTGs are documents which provide EPA's

recommendation of presumptive RACT for various source categories. EPA,

however, has not issued CTGs which address NOX sources.

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\1\ For moderate ozone nonattainment areas, major sources are

defined as sources having the potential to emit 100 or more tons per

year of a given air pollutant (See section 302(j) of the Act).

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On November 25, 1992, EPA published the ``NOX Supplement

to the General Preamble for Implementation of Title I of the Act''

(NOX Supplement) which provides guidance to the States for

meeting NOX requirements under section 182(f) of the Act (57

FR 55620). Under this document, EPA has established RACT emission

limits for electric utility boilers, and has specified that

NOX RACT for other source categories should be set at levels

that are comparable to the RACT guidelines set for electric utility

boilers.2

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\2\ The NOX Supplement also indicates that while

EPA's RACT guidance has been largely directed at application within

the VOC program, much of this guidance is also applicable to RACT

for NOX sources.

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In addition to the NOX Supplement, EPA has issued a

number of Alternative Control Techniques (ACT) documents for various

source categories, which, like CTGs, contain information on control

technologies that can be used by the States in developing RACT

regulations, but do not establish a presumptive norm for what EPA

considers NOX RACT.

III. Summary of SIP Revision

The August 26, 1996, NOX RACT SIP submittal contains the

following rules:

[[Page 30254]]

326 Indiana Administrative Code 10: Nitrogen Oxides Rules

Rule 1: Nitrogen Oxides Control in Clark and Floyd Counties.

(1) Applicability

(2) Definitions

(3) Requirements

(4) Emission limits

(5) Compliance procedures

(6) Emissions monitoring

(7) Record keeping, notification, and reporting requirements.

A summary of the rule follows. For the complete requirements of

this SIP revision, interested parties should refer to 326 IAC 10-1.

Applicability

Section 1 contains the rule's criteria for applicability. The rule

is applicable to any stationary source located in Clark or Floyd

Counties that existed on or before the effective date of the rule (June

12, 1996) and has the potential to emit at least 100 tons per year of

NOX.3 An affected source must apply RACT, as

specified under the rule, to any facility at the source that exists on

or before June 12, 1996, and has the potential to emit greater than or

equal to 40 tons per year of NOX.4

NOX-emitting facilities that existed on or before June 12,

1996, and are subject to NOX control under a New Source

Performance Standard (NSPS) are not subject to this rule.

NOX-emitting facilities which require a permit under 326 IAC

2, are constructed, modified, or reconstructed after June 12, 1996, and

are not subject to any NSPS NOX control requirements shall

meet RACT as required by the rule or Best Available Control Technology

(BACT), whichever is more stringent. It should be noted that Indiana's

NOX RACT requirements do not exempt facilities from Lowest

Available Emission Rate (LAER) and other requirements under the State's

New Source Review rule (326 IAC 3-1).

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\3\ NOX is defined under 326 IAC 10-1-2(15) as all

oxides of nitrogen excluding nitrous oxide.

\4\ ``Facility'' is defined under 326 IAC 1-2-27 as any one

structure, piece of equipment, installation, or operation which

emits or has the potential to emit any air contaminant. Single

pieces of equipment or installations with multiple emission points

are considered a single facility for the purpose of the Indiana

rules.

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Control Requirements

Section 4 establishes specific control requirements for the

following types of facilities at applicable sources:

(1) electric utility boilers 5 with heat input capacity

greater than or equal to 250 million British thermal units (Btu) per

hour;

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\5\ 326 IAC 10-1-2(30) defines ``electric steam generating

unit'' as any facility that is constructed for the purpose of

supplying more than one-third of its potential electric output

capacity and more than 25 megawatts of electric output to any

utility power distribution system for sale. Any steam supplied to a

steam distribution system for the purpose of providing steam to a

steam-electric generator that would produce electric energy for sale

is also considered in determining the electric energy output

capacity of the affected facility.

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(2) ICI boilers 6 with heat input capacity greater than

or equal to 100 million Btu per hour;

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\6\ 326 IAC 10-1-2(13) defines ``industrial, commercial,

institutional steam generating unit'' as a device that combusts one

or more of a combination of coal, oil, and gas and produces steam or

hot water primarily to supply power, heat, or hot water to any

industrial, commercial, or institutional operation, including

boilers used by electric utilities that are not utility boilers.

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(3) portland cement long dry kilns with production capacity greater

than or equal to 20 tons of clinker per hour;

(4) portland dry preheat process kilns with production capacity

greater than or equal to 20 tons of clinker per hour; and

(5) any other type of facility that emits or has the potential to

emit NOX greater than or equal to 40 tons per year.

Under section 4, compliance with the rule may be met through (1)

specified emission limits, (2) alternative RACT requirements approved

by IDEM and EPA, (3) fuel switching provisions (applicable only to

boilers), (4) emissions averaging, or (5) a combination of the above.

Specified Emission Limits (Section 4(b))

Facilities complying by means of section 4(b) shall not exceed the

following limits under the rule:

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\7\ 30 day rolling average is defined under 326 IAC 10-2(29) as

an emission rate calculated each operating day by averaging all the

preceding 30 successive operating days average emission rates.

Portland Cement Plants With a Clinker Production Capacity Greater Than

or Equal to 20 Tons per Hour (Section 4(b)(1))

------------------------------------------------------------------------

Portland cement kiln type Emission limitation

------------------------------------------------------------------------

Long dry kiln................ 10.8 pounds (lbs) NOX per ton of clinker

produced on an operating day basis, and

6.0 lbs NOX per ton of clinker produced

on a 30 day rolling average basis. 7

Dry preheater process kiln... 5.9 lbs NOX per ton of clinker produced

on an operating day basis, and 4.4 lbs

NOX per ton of clinker produced on a 30

day rolling average basis.

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Electric Utility Steam Generating Units With a Heat Input Capacity

Greater Than or Equal to 250 Million Btu per Hour (Section 4(b)(2))

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Emission

limitation

Boiler type Fuel type lbs NOX per

million Btu

input

------------------------------------------------------------------------

Wall-fired dry bottom............. Pulverized coal........ 0.5

Wall-fired dry bottom............. Distillate oil......... 0.2

Wall-fired dry bottom............. Residual oil........... 0.3

Wall-fired dry bottom............. Gas.................... 0.2

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Limits shall be complied with on a 30 day rolling average basis.

[[Page 30255]]

ICI Steam Generating Units With a Heat Input Capacity Greater Than or

Equal to 100 Million Btu per Hour (Section 4(b)(3))

------------------------------------------------------------------------

Emission

limitation

Boiler type Fuel type lbs NOX per

million Btu

input

------------------------------------------------------------------------

Wall-fired dry bottom............. Pulverized coal........ 0.5

Tangentially fired................ Pulverized coal........ 0.4

Spreader stoker................... Pulverized coal........ 0.5

Overfeed stoker................... Pulverized coal........ 0.4

Oil fired......................... Distillate oil......... 0.2

Oil fired......................... Residual oil........... 0.3

Gas fired......................... Gas.................... 0.2

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Limits shall be complied with on a 3 hour average basis or, if the

source has a Continuous Emissions Monitor (CEM), on a 30 day rolling

average basis.

For those electric utility or ICI boilers that simultaneously

combust a mixture of coal, oil, or gas, the applicable emission limit

shall be determined by the following equation:

E = [(A)(E1) + (B)(E2) + (C)(E3)]/(A + B + C)

E = The NOX limit expressed as lbs NOX per

million Btu.

A = Heat input in million Btu from combustion of coal.

B = Heat input in million Btu from combustion of oil.

C = Heat input in million Btu from combustion of gas.

E1 = Applicable emission limit under this rule for combustion of coal

in pounds NOX per million Btu.

E2 = Applicable emission limit under this rule for combustion of oil in

pounds NOX per million Btu.

E3 = Applicable emission limit under this rule for combustion of gas in

pounds NOX per million Btu.

All other facilities which have the potential to emit at least 40

tons per year of NOX shall reduce actual NOX

emissions by at least 40% (section 4(b)(5)). The 40% limit shall be

complied with on a three hour basis in accordance with section 5, or,

if a CEM is installed, limits shall be complied with on a 30 day

rolling average basis.

Alternative RACT Requirements (Section 4(c)(1))

Under the rule, affected sources may petition for alternative

control requirements based upon a demonstration that compliance with

the rule's requirements are technically or economically infeasible.

Alternative RACT petitions are subject to IDEM and EPA approval and

must have been submitted to IDEM by December 1, 1996. It should be

noted that alternative RACT requirements will only become effective

upon EPA approving the requirements as a site-specific SIP revision.

Fuel Switching (Section 4(c)(2))

Electric utility and ICI boilers may comply with the rule by

switching to a lower NOX-emitting fuel between May 1 and

September 30. Coal-fired boilers can switch to oil, gas, or a

combination of oil and gas. Oil-fired boilers can switch to a lower

NOX-emitting oil, gas, or a combination of lower

NOX-emitting oil and gas.

The facility complying by means of fuel switching shall meet both

an annual limit and a limit to be met during the fuel-switching period.

The fuel-switching period limit is the boiler's applicable emission

limit under section 4(b)(2) or 4(b)(3).8 The annual limit is

met by demonstrating that the boiler's actual annual fuel Btu weighted

average emissions rate shall not exceed the boiler's applicable

emission limit.

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\8\ The applicable emission limit is based on the boiler's

combustion type and fuel use during the ``baseline year.'' Baseline

year is defined under section 2(4) of the rule as the most recent

year prior to the rule's effective date, June 12, 1996, for which

available data is complete, accurate, and representative of normal

operations.

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Owners or operators complying through fuel switching shall submit

to IDEM a fuel switching plan that specifies the following information:

boiler type, applicable rule limit, emission rate of and amount of heat

derived from each fuel used, period of time during the year in which

each fuel shall be used, and monitoring and recordkeeping procedures to

be used. Compliance with the annual limit shall be demonstrated using

the following equation.

EL = [(E1)(H1) + (E2)(H2) + ...]/(H1 + H2 + ...)

EL = Applicable emission limit, expressed in pounds NOX per

million Btu.

E1, E2,... = Emission rate of alternative fuels 1, 2, etc., expressed

in pounds NOX per million Btu.

H1, H2,... = Amount of heat derived from alternative fuels 1, 2, etc.,

expressed in million Btu per year.

Emission Averaging (Section 4(c)(3))

Another compliance option under section 4 is through emission

averaging between facilities controlled by the same owner and having

the same designated representative. The facilities engaging in this

compliance option must demonstrate an equivalent or greater

NOX reduction than would be achieved if each facility

complied with the applicable emission limit. This demonstration is to

be submitted to IDEM in an emission averaging plan, using emission

averaging equations and provisions under Title IV federal acid rain

rules (40 CFR 76.11) as a guideline. Participating facilities shall use

the same compliance averaging time as would be used to comply with the

rule's specific emission limits. Boilers which simultaneously combust a

mixture of coal, oil, or gas cannot use emissions averaging as a means

of compliance. The emission averaging plan must be approved.

Section 4(d) provides that verification of the emission rates used

for compliance with either the fuel switching or emissions averaging

provisions may be required using the rule's compliance demonstration

and testing procedures.

Compliance Demonstration

Under section 6, CEMs are required to be installed at electric

utility boilers, ICI boilers (as described in 326 IAC 3), and portland

cement kilns regulated under the rule. All other affected facilities

are required to install CEMs unless the source demonstrates that CEMs

are technically infeasible for one or more facilities, considering the

physical configuration and mode of operation of the facility, the

magnitude of and variability in NOX emissions, and the type

of control measures employed to achieve compliance.

[[Page 30256]]

These CEMs are required under section 6 to meet certification,

operating and maintenance procedures, and data recording and reporting

procedures contained in 326 IAC 3, Indiana's air monitoring rule, and

40 CFR part 75, EPA's CEM rules, except that the excess emissions which

must be reported are those emissions that exceed the applicable

emission limits of this rule.

Section 5 provides the requirements for initial and subsequent

compliance tests. Initial compliance shall be demonstrated either by

using an EPA or IDEM certified CEM, or the test methods and procedures

contained in 40 CFR part 60 and 326 IAC 3. After initial compliance is

demonstrated, those sources which have installed CEMs shall thereafter

demonstrate continuous compliance using the CEMs. In addition, sources

with CEMs shall, upon the request of IDEM or EPA, conduct compliance

tests using test methods and procedures in 326 IAC 3 and 40 CFR part

60. Affected sources which have not installed CEMs shall conduct

compliance testing using test methods and procedures in 326 IAC 3 and

40 CFR part 60, upon request of IDEM or EPA.

Recordkeeping and Reporting

Under section 7 of the rule, affected sources must submit to IDEM

certification of compliance from the owner or operator, emission

compliance test reports, and CEM system performance evaluation reports.

In addition, a source subject to the rule must notify IDEM at least 30

days prior to the addition or modification of a facility that may

result in a potential increase in NOX emissions. Any records

required under this rule must be maintained for three years, and shall

be submitted to IDEM or EPA within thirty days of a written request.

IV. EPA Analysis of Submittal

EPA reviewed the August 26, 1996, NOX RACT SIP revision

submittal for consistency with the Act, EPA regulations, and EPA

policy. EPA finds that the rule adequately requires NOX RACT

for electric utility boilers, ICI boilers, and portland cement plants.

Under EPA policy, NOX RACT submittals can be approved where

all known major NOX sources are covered under either source-

specific or source-category-specific rules, and the State submits a

negative declaration that to its best knowledge, there are no remaining

unregulated sources (see the November 7, 1996, EPA memorandum,

``Approval Options for Generic RACT Rules Submitted to Meet the non-CTG

VOC RACT Requirement and Certain NOX RACT Requirements'').

Since there are only two known major sources of NOX in Clark

and Floyd Counties, an electric utility plant and a portland cement

plant, Indiana's rule contains sufficient RACT requirements. In

addition, an April 30, 1997, negative declaration has been submitted by

Indiana certifying that, to the best of the State's knowledge, there

are no remaining major sources of NOX existing in Clark and

Floyd Counties which need RACT rules. The EPA, therefore, finds the

submittal satisfies the NOX RACT requirements of section

182(f) of the Act for Clark and Floyd Counties. EPA is also approving

the April 30, 1997, negative declaration as a revision to the SIP. A

more detailed discussion of EPA's review and analysis of the submittal

is contained in EPA's Technical Support Document (TSD) for this

rulemaking, available from the EPA Region 5 office.

V. Final Action

The EPA is approving Indiana's NOX RACT rule for Clark

and Floyd Counties, 326 IAC 10-1, as submitted on August 26, 1996, as a

revision to the ozone SIP. EPA is also approving the April 30, 1997,

negative declaration.

The 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, the EPA is proposing to approve the SIP revision

should adverse or critical comments be filed. This action will be

effective on August 4, 1997 unless, by July 3, 1997, adverse or

critical comments are received.

If the EPA receives such comments, this action will be withdrawn

before the effective date by publishing a subsequent rulemaking that

will withdraw the final action. All public comments received will be

addressed in a subsequent final rule based on this action serving as a

proposed rule. The EPA will not institute a second comment period on

this action. 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 August 4, 1997.

Nothing in this action should be construed as permitting, allowing

or establishing a precedent for any future request for revision to any

SIP. Each request for revision to the SIP shall be considered

separately in light of specific technical, economic, and environmental

factors and in relation to relevant statutory and regulatory

requirements.

VI. Administrative Requirements

A. Executive Order 12866

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 10, 1995, memorandum from Mary D. Nichols, Assistant Administrator

for Air and Radiation. The Office of Management and Budget (OMB) has

exempted this regulatory action from Executive Order 12866 review.

B. Regulatory Flexibility

Under the Regulatory Flexibility Act, 5 U.S.C. Sec. 600 et seq.,

EPA must prepare a regulatory flexibility analysis assessing the impact

of any proposed or final rule on small entities. 5 U.S.C. Secs. 603 and

604. Alternatively, EPA 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 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, the Administrator

certifies 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 flexibility analysis would

constitute Federal inquiry into the economic reasonableness of the

State action. The Clean Air Act forbids EPA to base its actions

concerning SIPs on such grounds. Union Electric Co. v. EPA, 427 U.S.

246, 256-66 (1976); 42 U.S.C. Sec. 7410(a)(2).

C. Unfunded Mandates

Under section 202 of the Unfunded Mandates Reform Act of 1995,

signed into law on March 22, 1995, EPA must undertake various actions

in association with any proposed or final rule that includes a Federal

mandate that may result in estimated costs to state, local, or tribal

governments in the aggregate; or to the private sector, of $100 million

or more. 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 the private

sector, result from this action.

[[Page 30257]]

D. Submission to Congress and the General Accounting Office

Under section 801(a)(1)(A) as added by the Small Business

Regulatory Enforcement Fairness Act of 1996, EPA submitted 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

General Accounting Office prior to publication of the rule in today's

Federal Register. This rule is not a major rule as defined by section

804(2).

E. Petitions for Judicial Review

Under section 307(b)(1) of the Act, petitions for judicial review

of this action must be filed in the United States Court of Appeals for

the appropriate circuit by August 4, 1997. 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, Hydrocarbons,

Incorporation by reference, Intergovernmental relations, Ozone,

Reporting and recordkeeping requirements.

Authority: 42 U.S.C. 7401-7671q.

Dated: May 7, 1997.

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.

2. Section 52.770 is amended by adding paragraph (c)(120) to read

as follows:

Sec. 52.770 Identification of Plan.

* * * * *

(c) * * *

(120) On August 26, 1996, Indiana submitted a rule requiring an

oxides of nitrogen (NOX) reasonably available control

technology (RACT) rule for the Clark and Floyd Counties moderate ozone

nonattainment area as a revision to the State Implementation Plan.

(i) Incorporation by reference. 326 Indiana Administrative Code 10:

Nitrogen Oxides Rules. Rule 1: Nitrogen Oxides Control in Clark and

Floyd Counties. Section 1: Applicability, Section 2: Definitions,

Section 3: Requirements, Section 4: Emission limits, Section 5:

Compliance procedures, Section 6: Emissions monitoring, and Section 7:

Certification, record keeping, and reports. Adopted by the Indiana Air

Pollution Control Board February 7, 1996. Filed with the Secretary of

State May 13, 1996. Published at Indiana Register, Volume 19, Number

10, July 1, 1996. Effective June 12, 1996.

3. Section 52.777 is amended by adding paragraph (p) to read as

follows:

Sec. 52.777 Control strategy: Photochemical oxidants (hydrocarbon).

* * *

(p) On August 26, 1996, Indiana submitted a rule for the purpose of

meeting oxides of nitrogen (NOX) reasonably available

control technology (RACT) requirements under section 182(f) of the

Clean Air Act (Act) for the Clark and Floyd Counties moderate ozone

nonattainment area. The rule's NOX control requirements

meets RACT for major sources of portland cement kilns, electric utility

boilers, and industrial, commercial, or institutional boilers. In

addition, on April 30, 1997, Indiana certified to the satisfaction of

the United States Environmental Protection Agency that, to the best of

the State's knowledge, there are no remaining major sources of

NOX in Clark and Floyd Counties which need RACT rules.

Indiana, therefore, has satisfied the NOX RACT requirements

under section 182(f) of the Act for the Clark and Floyd Counties ozone

nonattainment area.

[FR Doc. 97-14437 Filed 6-2-97; 8:45 am]

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