[Federal Register Volume 71, Number 39 (Tuesday, February 28, 2006)]
[Rules and Regulations]
[Pages 9936-9938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1786]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2005-IN-0007; FRL-8036-3]
Approval and Promulgation of Air Quality Implementation Plans;
Indiana; Dearborn County Sulfur Dioxide Emission Limits
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: On November 25, 2005 (70 FR 70999), EPA published a direct
final rule approving revisions to Indiana's sulfur dioxide
(SO2) state implementation plan (SIP) for sources located in
Dearborn County. These revisions to the SIP include: revising
SO2 emission limits for existing sources; making minor
corrections by removing obsolete rule language; and updating
information for sources listed in the rule. On November 25, 2005 (70 FR
71071), EPA also published a proposed rule on this revision. The direct
final rule stated that if EPA received an adverse comment, EPA would
withdraw the direct final rule and address all public comments received
in a subsequent final rule based on the proposed rule. EPA received an
adverse comment and removed the direct final rule on January 27, 2006
(71 FR 4490). This rule responds to the comments received and announces
EPA's final action.
DATES: This final rule is effective on March 30, 2006.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2005-IN-0007. All documents in the docket are listed on
the http://www.regulations.gov Web site. Although listed in the index,
some information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the Internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
electronically through 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 Federal holidays. We recommend that you telephone Charles
Hatten, Environmental Engineer, at (312) 886-6031 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT: Charles Hatten, Environmental
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J), EPA
Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312)
886-6031, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever we, us, or
your is used, we mean EPA. This supplementary information section is
arranged as follows:
I. General Information
II. Public Comments Received and EPA Response
III. What Are the Changes From the Current Rule?
IV. What Action Is EPA Taking Today?
V. Statutory and Executive Order Review
I. General Information
This action applies to specific SO2 sources located in
Dearborn County, Indiana. The SIP revision amends Title 326 of the
Indiana Administrative Code (IAC), section 7-4-13, by revising the
SO2 emission limits for the Indiana Michigan Power Tanners
Creek Station. The SIP revision also makes minor corrections and
removes obsolete rule language, and updates information for other
companies listed in 326 IAC 7-4-13. Indiana held public hearings on
these revisions on May 5, 2004 and October 6, 2004.
II. Public Comments Received and EPA Response
Three comments on the rulemaking were submitted to EPA, through the
electronic public docket and comment system. One commenter expressed
support for the rule. A second commenter stated that he didn't
``understand what the rule was about,'' while a third commenter stated
that he ``disagreed.'' Because the latter two commenters failed to
provide any further information or explain the bases for their
comments, EPA is unable to respond beyond directing them to the
rationale for approval discussed below.
[[Page 9937]]
III. What Are the Changes From the Current Rule?
Indiana's SO2 emission limits for Dearborn County are
contained in 326 IAC 7-4-13. The current SO2 emission
limitations in 326 IAC 7-4-13 are based on air quality modeling used by
the State when EPA approved the SIP in 1987. The SIP revision amends
326 IAC 7-4-13, as described below.
A. Indiana Michigan Power Tanners Creek Station
The SIP revision removes obsolete rule language that included
interim requirements restricting the SO2 emission limits for
the Indiana Michigan Power Tanners Creek Station, Unit 4. These interim
requirements are no longer necessary, and have been deleted; the rule
limits Unit 4 to an SO2 emission limit of five and twenty-
four hundredths (5.24) pounds per MMBTU since August 1, 1991. This
revision reflects these changes. This SIP revision also adds source
identification number, No. 00002, to the Indiana Michigan Power Tanners
Creek Station.
B. Schenley Distillers, Inc.
Schenley Distillers, Inc. closed in 1998 and has been removed from
the rule.
C. Joseph E. Seagram and Sons, Inc.
The revision changes the name from Joseph E. Seagram and Sons, Inc.
to Pernod Ricard USA, Seagram Lawrenceburg Distillery. The company has
removed one boiler listed in the current rule, and renamed the
remaining boiler. This revision reflects this change. The revision also
adds source identification number, No. 00005, to the Pernod Ricard USA,
Seagram Lawrenceburg Distillery.
D. Diamond Thatcher Glass
The furnaces formerly owned by Diamond Thatcher Glass are owned by
Anchor Glass Container Corporation, and have been renamed as such. This
revision reflects this change. The revision also adds source
identification number, No. 00007, to the Anchor Glass Container
Corporation.
IV. What Action Is EPA Taking Today?
EPA is approving revisions to 326 IAC 7-4-13, which contains the
SO2 emission limitations for existing stationary sources
located in Dearborn County, Indiana. The SIP revision amends 326 IAC 7-
4-13, by removing obsolete rule language for the Indiana Michigan Power
Tanners Creek Station, and by making minor revisions for other
companies listed in 326 IAC 7-4-13, including adding source
identification numbers.
V. Statutory and Executive Order Review
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 Concerning Regulations 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 (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
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.
[[Page 9938]]
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 May 1, 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, Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: February 10, 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]
0
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)(171) to read as
follows:
Sec. 52.770 Identification of plan.
* * * * *
(c) * * *
(171) On April 8, 2005, Indiana submitted final adopted revisions
for the Dearborn County sulfur dioxide emission limitations in 326 IAC
7-4-13 as a requested revision to the Indiana state implementation
plan. EPA is approving these revisions, which remove obsolete rule
language for Indiana Michigan Tanners Creek Station and update
information for other companies listed in the rule.
(i) Incorporation by reference. (A) Indiana Administrative Code
Title 326: Air Pollution Control Board, Article 7: Sulfur Dioxide
Rules, Rule 4: Emission Limitations and Requirements by County, Section
13: Dearborn County Sulfur Dioxide Emission Limitations. Filed with the
Secretary of State on February 14, 2005, and effective March 16, 2005.
Published in the Indiana Register on April 1, 2005 (28 IR 2021).
* * * * *
[FR Doc. 06-1786 Filed 2-27-06; 8:45 am]
BILLING CODE 6560-50-P