Approval and Promulgation of Implementation Plans; Indiana

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

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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

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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

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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]

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