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ENVIRONMENTAL PROTECTION AGENCY
Environmental Protection Agency
CFR Citation: 40 CFR Part 52
IN ID: [IN159-1a; FRL-7598-6]
NOTICE: RULES
ACTION: Air quality implementation plans; approval and promulgation; various States:
DOCUMENT ACTION: Direct final rule.
SUBJECT CATEGORY: Approval and Promulgation of Air Quality Implementation Plans; Indiana; Oxides of Nitrogen Regulations
DATES: This rule is effective on January 26, 2004, unless EPA receives relevant adverse written comments by January 12, 2004. 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.
DOCUMENT SUMMARY: EPA is approving revisions to the oxides of nitrogen
(NO
SUMMARY: Indiana,
SUPPLEMENTAL INFORMATION
Table of Contents This supplementary Information section is organized as follows: I. General Information
II. Background
III. Summary of the State Submittal
A. What sources are affected by this rule change?
B. What additional changes has Indiana made?
C. What public review opportunities did Indiana provide?
D. Do the changes continue to meet the NO
IV. EPA Action
V. Statutory and Executive Order Reviews
Throughout this document, the term ``you'' refers to the reader of
this rule and/or to sources subject to the State rule, and the terms ``we'', ``us'', or ``our'' refer to EPA.
I. General Information
A. How Can I Get Copies of This Document and Other Related Information ?
1. The Regional Office has established an official public rulemaking file available for inspection at the Regional Office. EPA has established an official public rulemaking file for this action under ``Region 5 Air Docket IN159''. The official public file consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public rulemaking file does not include Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. The official public rulemaking file is the collection of materials that is available for public viewing at the Air Programs Branch, Air and Radiation Division, EPA Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604. EPA requests that you contact the contact listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday, 8:30 to 4:30 excluding Federal holidays.
2. Electronic Access. You may access this Federal Register document
electronically through the regulations.gov Web site located at http://www.regulations.gov where you can find, review, and submit comments on
Federal rules that have been published in the Federal Register and are open for comment.
For public commenters, it is important to note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public review at the EPA Regional Office, as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in the official public rulemaking file. The entire printed comment, including the copyrighted material, will be available at the Regional Office for public inspection.
B. How and to Whom Do I Submit Comments?
You may submit comments electronically, by mail, or through hand delivery/courier. To ensure proper receipt by EPA, identify the appropriate rulemaking identification number by including the text ``Public comment on Direct Final rulemaking Region 5 Air Docket IN159'' in the subject line on the first page of your comment. Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked ``late.'' EPA is not required to consider these late comments.
1. Electronically. If you submit an electronic comment as prescribed below, EPA recommends that you include your name, mailing address, and an email address or other contact information in the body of your comment. Also include this contact information on the outside of any disk or CD ROM you submit, and in any cover letter accompanying the disk or CD ROM. This ensures that you can be identified as the submitter of the comment and allows EPA to contact you in case EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. EPA's policy is that EPA will not edit your comment, and any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment.
i. Email. Comments may be sent by electronic mail (email) to bortzer.jay@epa.gov. Please include the text ``Public comment on proposed rulemaking Region 5 Air Docket IN159'' in the subject line. EPA's email system is not an ``anonymous access'' system. If you send an email comment directly without going through Regulations.gov, EPA's email system automatically captures your email address. Email addresses that are automatically captured by EPA's email system are included as part of the comment that is placed in the official public docket.
ii. Regulations.gov. Your use of Regulations.gov is an alternative method of submitting electronic comments to EPA. Go directly to Regulations.gov at http://www.regulations.gov, then click on the button ``TO SEARCH FOR REGULATIONS CLICK HERE,'' and select Environmental Protection Agency as the Agency name to search on. The list of current EPA actions available for comment will be listed. Please follow the online instructions for submitting comments. The system is an ``anonymous access'' system, which means EPA will not know your identity, email address, or other contact information unless you provide it in the body of your comment.
iii. Disk or CD ROM. You may submit comments on a disk or CD ROM that you mail to the mailing address identified in Section 2, directly below. These electronic submissions will be accepted in WordPerfect, Word or ASCII file format. Avoid the use of special characters and any form of encryption.
2. By Mail. Send your comments to: J. Elmer Bortzer, Chief, Criteria Pollutant Section, Air Programs Branch, (AR18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604. Please include the text ``Public comment on Direct Final Rulemaking Regional Air Docket IN159'' in the subject line on the first page of your comment.
3. By Hand Delivery or Courier. Deliver your comments to: J. Elmer Bortzer, Chief, Criteria Pollutant Section, Air Programs Branch, (AR 18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 18th floor, Chicago, Illinois 60604. Such deliveries are only accepted during the Regional Office's normal hours of operation. The Regional Office's official hours of business are Monday through Friday, 8:30 to 4:30 excluding Federal holidays.
C. How Should I Submit CBI to the Agency?
Do not submit information that you consider to be CBI
electronically to EPA. You may claim information that you submit to EPA
as CBI by marking any part or all of that information as CBI (if you
submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is CBI). Information so marked will not be disclosed except in
[[Page 69027]]
accordance with procedures set forth in 40 CFR part 2.
In addition to one complete version of the comment that includes any information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the official public regional rulemaking file. If you submit the copy that does not contain CBI on disk or CD ROM, mark the outside of the disk or CD ROM clearly that it does not contain CBI. Information not marked as CBI will be included in the public file and available for public inspection. If you have any questions about CBI or the procedures for claiming CBI, please consult the person identified in the FOR FURTHER INFORMATION CONTACT section.
II. Background
On November 8, 2001 (66 FR 56465), EPA approved an Indiana
NO
NO
The amendment to the Indiana plan currently before EPA, also
referred to by Indiana as the ``NO
A. What Sources Are Affected by This Rule Change?
There are a number of sources affected by this rule change. Purdue
University's heating plant consists of four boilers which provide steam
and electricity to the school. Three of these boilers were originally
classified as ``small boilers'' in the NO
When EPA approved Indiana's NO
The Indiana submittal addressed here moves 14 units from 2 sources
(Ispat Inland and U.S. SteelGary Works) from 103 to 104, making the
14 units at these 2 sources part of the trading program, and makes
additional allowances available in the trading budget. This approach
however, continues to maintain the total overall NO
EPA does not generally believe it is appropriate to regulate only a portion of a category of similar sources under a cap and trade program, unless conditions (such as those in the optin provisions of the model trading rule in 40 Code of Federal Regulations (CFR) part 96) are imposed in order to address the potential for shifting utilization out of the trading program. When only a portion of a group of similar sources is regulated, there is the potential for utilization to be redistributed from capped to noncapped units in the category in such a way that emissions are shifted from within the trading program, meaning allowances are freed up and total emissions increase. When emissions from all sources in a source category are regulated and accounted for in a cap and trade program, utilization shifts among sources do not increase total emissions. However, for the particular source category involved here, specifically blast furnace gas boilers in the iron and steel industry, there seems to be little or no ability to shift utilization among plants. The boilers are located in proximity to blast furnaces and burn the byproduct gas from the furnaces, which are used in the iron making process. The iron making process is integral to the steel making process at an iron and steel plant. The four plants in Indiana are owned and operated by four separate companies. In order for utilization of the blast furnace gas boilers at one plant to be shifted to those at another plant, steel production would have to be shifted, which seems highly unlikely. Given the low energy content and economic value of blast furnace gas itself, it is also highly unlikely that such gas from one plant would be transported to be burned at another plant.
Considering the relatively small emissions and the unlikelihood of
utilization and emissions shifting, EPA in this unique case accepts
Indiana's proposal to split this particular source category for the
purposes of Indiana's NO
The State has demonstrated and we agree that the changes submitted
by Indiana will continue to provide for the timely compliance with the
State's NO
These newly included units will make a very small impact on the
Indiana overall NO
The rule also adds anaerobic digesters to the list of sources in 326 IAC 104
[[Page 69028]]
2 eligible for energy efficiency and renewable energy allowances.
Anaerobic digesters are closed, airtight systems that use bacteria to
break down organic matter and produce gases through this natural
decomposition. One of the gases produced is methane, a combustible gas
which is used to power engines to produce electricity. The purpose of
this revision is to expand the number of types of projects eligible for
energy efficiency renewable energy ``setasides.'' Indiana has the
flexibility to add to this program projects which it believes will have
a positive effect on energy efficiency and generation output, and EPA agrees with this addition.
B. What Additional Changes Has Indiana Made?
IDEM has added three new formulas to the energy efficiency and renewable energy set aside provisions in 326 IAC 1049(e). The reason for this revision is to make allowances available, during the ozone control period, to producers of electricity using systems which are highly efficient.
In addition, the rule has revised dates for compliance, changed
from May 1, 2003 to May 31, 2004 as a result of a court decision
affecting the NO
C. What Public Review Opportunities Did Indiana Provide?
Public notices were published in November 2002 and April 2003 for
the two Indiana Air Pollution Control Board hearings in December 2002
and May 2003, respectively. At both of these hearings, Indiana provided
the public and the affected sources with an opportunity to comment on
the changes to the Indiana NO
D. Do the Changes Continue To Meet the NO
Indiana provided a revised budget demonstration which takes into
account the changes to the rule including the addition of the Ispat
Inland, U.S. Steel and Purdue boilers to the trading program. The
budget revisions affect only the nonEGU source category, and show a net decrease in the overall Indiana NO
The changes for the three sources affect the setasides for new
large units at 326 IAC 1049(e)(1)(A)(ii) and at 326 IAC 104
9(e)(1)(B) for energy efficiency and renewable energy projects. The
Indiana analysis also demonstrates a net change to the overall Phase I
budget to be a negative 85 tons during the ozone season. This decrease
is the result of including the Purdue boilers in the trading program
and allocating NO
EPA is taking final action to approve revisions to the
NO
In meeting this emissions budget, EPA believes the State will
achieve reductions in emissions of NO
In the event we receive meaningful written adverse comment, this
direct final rule will be withdrawn and all public comments received
will be addressed in a subsequent final rule based on a proposal published elsewhere in today's Federal Register.
V. Statutory and Executive Order Reviews
Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not subject to review by the Office of Management and Budget.
Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use
This action is also not subject to Executive Order 13211, ``Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001).
Regulatory Flexibility Act
This action merely approves state law as meeting federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
Unfunded Mandates Reform Act
Because this rule approves preexisting requirements under state
law and does not impose any additional enforceable duty beyond that
required by state law, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 1044).
Executive Order 13175: Coordination With Indian Tribal Governments
This rule also does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
Executive Order 13132: Federalism
This action also does not have federalism implications because it
does 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 Executive Order 13132 (64 FR 43255, August
10, 1999). This action merely approves a state rule implementing a
federal standard, and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air Act.
Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks
This rule is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is not economically significant. National Technology Transfer and Advancement Act
In reviewing SIP submissions, USEPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS),
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EPA has no authority to disapprove a SIP submission for failure to use
VCS. It would thus be inconsistent with applicable law for USEPA, when
it reviews a SIP submission, to use VCS in place of a SIP submission
that otherwise satisfies the provisions of the Clean Air Act. Thus, the
requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply.
Paperwork Reduction Act
This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Congressional Review Act
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. USEPA 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 action is not a ``major rule'' as defined by 5 U.S.C. 804(2). This rule will be effective January 26, 2004.
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 9, 2004. 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, Intergovernmental relations, Nitrogen oxides, Ozone, Reporting and recordkeeping requirements.
Dated: December 2, 2003.
Bharat Mathur,
Acting 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 PIndiana
2. Section 52.770 is amended by adding paragraph (c)(163) to read as follows:
Sec. 52.770 Identification of plan.
* * * * *
(c) * * *
(163) On June 26, 2003, the Indiana Department of Environmental
Management (IDEM) submitted revisions to 326 IAC 103 (NO
(i) Incorporation by reference.
(A) Indiana Pollution Control Board rules: 326 IAC 1031 and 326 IAC 1041, 1042, 1049, 10410, 10413, 10414 and 10415.
Adopted by the Indiana Pollution Control Board on May 7, 2003. Filed
with the Secretary on July 7, 2003. Published at Indiana Register
Volume 26, Number 11, August 1, 2003 (26 IR 3550). Effective August 6, 2003.
[FR Doc. 0330696 Filed 121003; 8:45 am]
BILLING CODE 656050P
FOR FURTHER INFORMATION CONTACT John Paskevicz, Engineer, Criteria Pollutant Section, Air Programs Branch (AR18J), U.S. Environmental Protection Agency, Chicago, Illinois 60604. EMail Address: paskevicz.john@epa.gov. [[Page 69026]]
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