

[Federal Register: July 30, 2007 (Volume 72, Number 145)]
[Rules and Regulations]               
[Page 41450-41453]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30jy07-11]                         

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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.

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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: mooney.john@epa.gov.
    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, Hatten.Charles@epa.gov.

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
