

[Federal Register: February 28, 2006 (Volume 71, Number 39)]
[Rules and Regulations]               
[Page 9936-9938]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28fe06-13]                         

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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, hatten.charles@epa.gov.

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

0
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
