[Federal Register Volume 72, Number 145 (Monday, July 30, 2007)]
[Rules and Regulations]
[Pages 41450-41453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-14476]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2007-0292; FRL-8442-9]
Approval and Promulgation of Air Quality Implementation Plans;
Indiana
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving Indiana's requests to amend its State
Implementation Plan (SIP) for control of particulate matter in 326 IAC
6.5-7-13. Indiana submitted the SIP revision requests to EPA on
November 1, 2005 and March 20, 2007. The revisions would change the
source name from St.
[[Page 41451]]
Mary's to Holy Cross Services Corporation (Saint Mary's Campus), and
clarify and revise existing particulate matter (PM) emission limits for
the boilers at that source to reflect current operating conditions.
These revisions will not result in an increase in PM.
DATES: This direct final rule will be effective September 28, 2007,
unless EPA receives adverse comments by August 29, 2007. 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-2007-0292, by one of the following methods:
1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: [email protected].
3. Fax: (312) 886-5824.
4. 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.
5. 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 normal hours of
operation, and special arrangements should be made for deliveries of
boxed information. The Regional Office 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-
2007-0292. 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 http://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.
Docket: All documents in the docket are listed in the http://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 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),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886-6031, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. To Whom Does This Action Apply?
II. What Is EPA Approving?
III. What Are the Changes from the Current Rule?
IV. What Action Is EPA Taking?
V. Statutory and Executive Order Reviews.
I. To Whom Does This Action Apply?
This action applies to Holy Cross Services Corporation (Saint
Mary's Campus), Notre Dame, Indiana.
II. What Is EPA Approving?
EPA is approving revisions to Indiana's PM SIP for the three
boilers located in St. Joseph County, Notre Dame, Indiana. The
revisions address Title 326 of the Indiana Administrative Code (IAC),
Rule 6.5-7, Section 13, to clarify and amend existing PM emission
limits. They also change the source name from St. Mary's to Holy Cross
Services Corporation (Saint Mary's Campus).
Indiana held public hearings on these revisions February 2, and
June 1, 2005; June 7, and August 2, 2006.
III. What Are the Changes From the Current Rule?
On March 22, 2006 (71 FR 14383), EPA published a direct final rule
approving revisions to the Indiana SIP in 326 IAC 6.5-7 to relocate and
recodify PM emission limits for all sources in St. Joseph County,
Indiana. Today's action revises 326 IAC 6.5-7, Section 13, which
contains particulate emission limits for the boilers at St. Mary's
College in Notre Dame, Indiana, to reflect current operating conditions
and ownership by Holy Cross Services Corporation of those boilers.
Currently, SIP rule 326 IAC 6.5-7-13 identifies St. Mary's College
as the owner, operator and permittee of the subject boilers. It also
incorrectly lists boiler number 1 as 100% natural gas-fired, and
boilers number 2 and 3 as coal-fired. According to Indiana, however,
boilers numbers 1 and 2 are actually gas-fired, with the capability of
burning number 2 fuel oil as a back-up, while boiler number 3
exclusively burns natural gas. The revised rule corrects this error. It
also tightens the applicable PM limits for the two boilers that have
oil-burning capability (boilers number 1 and 2): from 0.110 lbs/MMBTU
(12.90 tons/year) to 0.014 lbs/MMBTU (3.9 tons/year).
Finally, the SIP revision amends 326 IAC 6.5-7-13 by correctly
identifying the owner, operator and permittee of the St. Mary's boilers
as Holy Cross Services.
IV. What Action is EPA Taking?
EPA is approving source-specific revisions to Indiana's PM SIP in
326 IAC 6.5-7 to change the name of the owner, operator and permittee
of the three boilers at St. Mary's College to Holy Cross Services
Corporation (Saint Mary's Campus), and to revise the PM limits to
reflect current operating conditions of the boilers at St. Mary's
College.
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
[[Page 41452]]
state plan if relevant adverse written comments are filed. This rule
will be effective September 28, 2007 without further notice unless we
receive relevant adverse written comments by August 29, 2007. 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 September 28, 2007.
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
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 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 (CAA).
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 approves a state rule implementing a
Federal Standard.
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 CAA. 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 CAA. 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.
section 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 28, 2007. 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, PM, Reporting and recordkeeping
requirements.
Dated: July 11, 2007.
Bharat Mathur,
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
0
2. Sec. 52.770 is amended by adding paragraph (c)(180) to read as
follows:
Sec. 52.770 Identification of plan.
* * * * *
(c) * * *
(180) On November 1, 2005, and supplemented on March 20, 2007, the
[[Page 41453]]
State of Indiana submitted a source specific revision to its state
implementation plan for control of particulate matter in Title 326 of
the Indiana Administrative Code (IAC), Rule 6.5-7, Section 13, which
contains particulate matter emission limits for Holy Cross Services
Corporation, to reflect current operating conditions of the boilers at
St. Mary's College, located in Notre Dame, Indiana. The revision in 326
IAC 6.5-7-13 also changes the source name from St. Mary's to Holy Cross
Services Corporation (Saint Mary's Campus).
(i) Incorporation by reference. Indiana Administrative Code Title
326: Air Pollution Control Board, Article 6.5: PM Limitations Except
Lake County, Rule 7: St. Joseph County, Section 13: Holy Cross Services
Corporation (Saint Mary's Campus). Approved by the Attorney General
January 18, 2007. Approved by the Governor January 23, 2007. Filed with
the Publisher January 26, 2007. Published on the Indiana Register Web
site February 14, 2007, Document Identification Number (DIN):20070214-
IR-326060121FRA. Effective February 25, 2007.
* * * * *
[FR Doc. E7-14476 Filed 7-27-07; 8:45 am]
BILLING CODE 6560-50-P