[Federal Register Volume 71, Number 99 (Tuesday, May 23, 2006)]
[Rules and Regulations]
[Pages 29588-29590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4765]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2006-0002; FRL-8166-9]
Approval and Promulgation of Air Quality Implementation Plans;
Indiana
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving revisions to the Indiana particulate matter
(PM10) State Implementation Plan (SIP). These revisions are
for sources at the ASF Keystone, Inc. (Keystone) coil spring
manufacturing facility in Lake County, Indiana. On December 15, 2005,
Indiana requested revisions that will increase the PM10
emission limit for one unit and reduce the limits for two units. The
changes result in a net decrease of 1.77 pounds PM10 per
hour (lb/hr) in the allowable emissions. The emission limits for a
fourth unit that has shut down were also removed. Indiana also
requested removing the process weight rate limits and using lb/hr as
the short-term emission limit. The maximum permissible PM10
emissions will not increase after removing the process weight rate
limits because of the net decrease in short-term emission limits.
DATES: This direct final rule will be effective July 24, 2006, unless
EPA receives adverse comments by June 22, 2006. If adverse comments are
received, EPA will publish a timely withdrawal of the direct final rule
in the Federal Register informing the public that the rule will not
take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2006-0002, by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: [email protected].
Fax: (312)886-5824.
Mail: John M. Mooney, Chief, Criteria Pollutant Section,
Air Programs Branch, (AR-18J), U.S. Environmental Protection Agency, 77
West Jackson Boulevard, Chicago, Illinois 60604.
Hand Delivery: John M. Mooney, Chief, Criteria Pollutant
Section, Air Programs Branch, (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such
deliveries are only accepted during the Regional Office's normal hours
of operation, and special arrangements should be made for deliveries of
boxed information. The Regional Office's official hours of business are
Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding Federal
holidays.
Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2006-0002. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. 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. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional instructions on submitting
comments, go to Section I of the SUPPLEMENTARY INFORMATION section of
this document.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Environmental
Protection Agency, Region 5, Air and Radiation Division, 77 West
Jackson Boulevard, Chicago, Illinois 60604. This Facility is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. We recommend that you telephone Matt Rau, Environmental
Engineer, at (312) 886-6524 before visiting the Region 5 office.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. What Should I Consider as I Prepare My Comments for EPA?
II. What Is EPA Approving?
III. What Is EPA's Analysis of the Supporting Materials?
IV. What are the Environmental Effects of These Actions?
V. What Action is EPA Taking Today?
VI. Statutory and Executive Order Reviews.
I. What Should I Consider as I Prepare My Comments for EPA?
A. Submitting CBI. Do not submit this information to EPA through
http://www.regulations.gov or e-mail. Clearly mark the part or all of
the information that you claim to be CBI. For CBI information in a disk
or CD ROM that you mail to EPA, 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 claimed as CBI. In addition to one
complete version of the comment that includes 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 public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
B. Tips for Preparing Your Comments. When submitting comments,
remember to:
Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
Describe any assumptions and provide any technical
information and/or data that you used.
If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
Provide specific examples to illustrate your concerns, and
suggest alternatives.
[[Page 29589]]
Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
Make sure to submit your comments by the comment period
deadline identified.
II. What Is EPA Approving?
EPA is approving PM10 emission limit revisions for four
units at the Keystone facility. The limit on the small coil
manufacturing unit increases from 0.02 to 1.05 lb/hr. The limits on the
medium and large coil lines are cut in half. The medium coil unit limit
drops from 2.10 to 1.05 lb/hr. The limit on the large coil unit is
reduced from 3.50 to 1.75 lb/hr. A net PM10 limit decrease
of 1.77 lb/hr results from these revisions. The limit on the
miscellaneous coil manufacturing unit, 1.05 lb/hr, is also removed
because the unit no longer operates. The revised PM10
emission limits better reflect the actual emissions from these units.
EPA is also removing the process weight rate emission limits for the
four units. The small coil unit limit of 0.014 lb/T and the limits of
0.700 lb/T for the other three units are being deleted.
III. What Is EPA's Analysis of the Supporting Materials?
The emission limit revisions to the coil manufacturing units can be
modeled as volume sources. Each unit is controlled by an electrostatic
precipitator that exhausts inside the plant. Rooftop vents release the
air from inside the plant to the outside. Indiana stated that no
modeling is needed. EPA agrees with Indiana because the PM10
emissions from all units combine in Keystone's building prior to being
released into the ambient air. The net limit reduction means the
maximum impact will not increase.
Indiana also provided the maximum production rates for the coil
manufacturing units. The peak rate for the small coil line is 1.5 tons
per hour (T/hr). The maximum production rate is 3 T/hr for the medium
coil line and 5 T/hr for the large coil line. The short-term emission
limits being replaced equal the process weight rate limit at these
maximum production rates. Thus, Keystone would not be able to emit up
to the new limit of 1.05 lb/hr on the small coil manufacturing unit
because the process weight rate limit would restrict emissions to only
0.02 lb/hr. The lower short-term limits on medium and large coil
manufacturing units are more restrictive than the process weight rate
limits for these two units. The net decrease in short-term
PM10 emission limits will reduce the overall maximum
emissions from this facility.
Indiana held public hearings on June 1, 2005 and on August 3, 2005.
No public comments were received during the comment periods including
at the public hearings.
IV. What Are the Environmental Effects of These Actions?
Scientists have correlated exposure to PM10 with
increased hospitalizations for asthma attacks, worsening of lung
disease, chronic bronchitis, and heart damage. Particulate exposure can
increase respiratory symptoms such as irritation of the airways,
coughing, and difficulty breathing. In addition to these human health
effects, particulate matter is the main cause of haze which decreases
visibility. Particulate eventually settles on land or water which can
acidify lakes, deplete the nutrients in soil, and damage sensitive
forests and agricultural crops. No adverse impact from PM10
emissions are anticipated from the Keystone revisions because of a net
decrease in PM10 emission limits.
V. What Action Is EPA Taking Today?
EPA is approving revisions to the PM10 limits for
sources at a Lake County, Indiana steel coil manufacturer. The
revisions result in a net reduction in the PM10 emission
limits. The limit for the small coil manufacturing unit is increased
while the limits for the medium and large coil units are decreased. The
emission limits for the miscellaneous coil manufacturing are removed
because the unit was eliminated. EPA also removed the process weight
rate emission limits for all four units. The PM10 emissions
from the units are vented inside the Keystone plant. No adverse impact
on ambient air is expected because the revisions cause a net reduction
in PM10 emission limits.
We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the state plan if relevant adverse
written comments are filed. This rule will be effective July 24, 2006
without further notice unless we receive relevant adverse written
comments by June 22, 2006. If we receive such comments, we will
withdraw this action before the effective date by publishing a
subsequent document that will withdraw the final action. All public
comments received will then be addressed in a subsequent final rule
based on the proposed action. The EPA will not institute a second
comment period. Any parties interested in commenting on this action
should do so at this time. If we do not receive any comments, this
action will be effective July 24, 2006.
VI. 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
Because it is not a ``significant regulatory action'' under
Executive Order 12866 or a ``significant energy action,'' 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 pre-existing 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. 104-4).
Executive Order 13175 Consultation and Coordination With Indian Tribal
Governments
This rule also does not have tribal implications because it will
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 (59
FR 22951, November 9, 2000).
Executive Order 13132 Federalism
This action also does not have Federalism implications because it
does
[[Page 29590]]
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
and Safety Risks
This rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.
National Technology Transfer Advancement Act
In reviewing SIP submissions, EPA'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), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, 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. 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 action is not a ``major rule'' as defined by 5 U.S.C.
804(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 July 24, 2006. 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, Particulate matter.
Dated: April 20, 2006.
Norman Niedergang,
Acting Regional Administrator, Region 5.
0
For the reasons stated in the preamble, part 52, chapter I, of title 40
of the Code of Federal Regulations is amended as follows:
PART 52--[AMENDED]
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart P--Indiana
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2. Section 52.770 is amended by adding paragraph (c)(175) to read as
follows:
Sec. 52.770 Identification of plan.
* * * * *
(c) * * *
(175) On December 15, 2005, Indiana submitted revised particulate
matter (PM10) regulations for ASF Keystone, Inc. in Lake
County. The emission limit for the small coil manufacturing unit is
increased while the limits for the medium and large coil manufacturing
units are decreased. The result of these revisions is a net decrease in
PM10 emission limits. The emission limits for miscellaneous
coil manufacturing are removed because the unit no longer operates. EPA
also removed the process weight rate emission limits for the four
units.
(i) Incorporation by reference.
(A) Indiana Administrative Code Title 326: Air Pollution Control
Board, Article 6.8: Particulate Matter Limitations for Lake County,
Rule 2: Lake County: PM10 Emission Requirements, Section 4:
ASF Keystone, Inc.-Hammond. Filed with the Secretary of State on
October 20, 2005 and effective November 19, 2005. Published in 29
Indiana Register 794 on December 1, 2005.
[FR Doc. 06-4765 Filed 5-22-06; 8:45 am]
BILLING CODE 6560-50-P