
[Federal Register: November 10, 2009 (Volume 74, Number 216)]
[Rules and Regulations]               
[Page 57904-57907]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10no09-8]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2008-0783; FRL-8971-9]

 
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 sulfur dioxide, particulate matter (PM), and 
nitrogen oxides emission limitations and related requirements for the 
Southern Indiana Gas and Electric Company's F.B. Culley Generating 
Station (Culley Station). Indiana requested a revision to its State 
Implementation Plan (SIP) on September 11, 2008. Most of the provisions 
to be added are contained in a Federal consent decree. In addition, 
Indiana has removed expired sulfur dioxide emission limits from its 
regulations. These requirements are consistent with section 110 of the 
Clean Air Act as revisions to the Indiana State Implementation Plan 
(SIP).

DATES: This direct final rule will be effective January 11, 2010, 
unless EPA receives adverse comments by December 10, 2009. 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-2008-0783, 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) 692-2551.
    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-
2008-0783. 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://

[[Page 57905]]

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 Matt Rau, Environmental 
Engineer, at (312) 886-6524 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer, 
Criteria Pollutant Section, Air Programs Branch (AR-18J), Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, (312) 886-6524, rau.matthew@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. Background
II. What Is EPA Approving?
III. What Is EPA's Analysis of the Revisions?
IV. What Is the Environmental Effect of this Action?
V. What Action Is EPA Taking?
VI. Statutory and Executive Order Reviews

I. Background

    Southern Indiana Gas and Electric Company (SIGECO) operates the 
Culley Station, a coal-fired power plant, in Warrick County, 
Indiana.\1\ To resolve without litigation violations of Prevention of 
Significant Deterioration provisions, New Source Performance Standards, 
and the Indiana SIP, SIGECO agreed in a June 2003 Federal consent 
decree, to (among other things) install and operate sulfur dioxide, 
particulate matter, and nitrogen oxides control equipment and 
continuous emission monitoring systems (CEMS). See U.S. v. SIGECO, 
Civil Action number IP99-1692 C-M/F. Indiana has requested that these 
requirements for the Culley Station be incorporated into its SIP.\2\ 
Culley Station Unit 1 permanently shut down on December 16, 2006.
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    \1\ SIGECO is a wholly-owned subsidiary of Vectren Corporation.
    \2\ EPA is making no finding in this notice as to whether 
Indiana's submission constitutes SIGECO's compliance with any 
provision of the Consent Decree.
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II. What Is EPA Approving?

    EPA is approving revisions to the sulfur dioxide, PM, and nitrogen 
oxide SIP for the Culley Station facility. Indiana has added: new PM 
requirements as 326 Indiana Administrative Code (IAC) 6-7-1; revised 
sulfur dioxide requirements to 326 IAC 7-4-10; and new nitrogen oxide 
limits as 326 IAC 10-6-1. This includes continuous monitoring for 
sulfur dioxide and nitrogen oxide emissions, added to 326 IAC 7-4-10 
and 326 IAC 10-6-1, respectively.
    Under 326 IAC 6-7-1, SIGECO must utilize an electrostatic 
precipitator (ESP) to control Unit 2 emissions and a baghouse to 
control Unit 3 emissions. Unit 3 must also meet a 0.015 pound per 
million BTUs PM limit.
    Revised 326 IAC 7-4-10 requires SIGECO to improve its flue gas 
desulfurization (FGD) system to at least a 95 percent sulfur dioxide 
removal efficiency. The FGD must be operated whenever a unit burns 
coal. SIGECO must use a low sulfur content coal for Unit 2 should there 
be an unplanned FGD outage. Using low sulfur coal should help to 
minimize sulfur dioxide emissions until the FGD operation is restored. 
Indiana also removed from the rule alternative sulfur dioxide emissions 
scenarios that no longer apply.
    Indiana added nitrogen oxides emission limits for Unit 3 as 326 IAC 
10-6-1. Unit 3 must meet an emission limit of 0.100 pounds of nitrogen 
oxides per million BTUs. SIGECO is also required to operate selective 
catalytic reduction technology (SCR) whenever the unit operates.
    In addition, Indiana removed expired sulfur dioxide emission limits 
for Warrick County in 326 IAC 7-4-10.

III. What Is EPA's Analysis of the Revisions?

    The consent decree conditions and the corresponding Indiana rule 
incorporating the condition are summarized in Table 1.

                                 Table 1
------------------------------------------------------------------------
                                 Consent decree
     Applicable unit(s)             provision           Indiana rule
------------------------------------------------------------------------
1...........................  Re-power or retire    Unit 1 permanently
                               Unit 1 (36).          shut down.
3...........................  NOX: 0.100 lb/MMBTU   326 IAC 10-6-1 (1).
                               \1\ (39).
3...........................  NOX: requires SCR     326 IAC 10-6-1 (2).
                               operation at all
                               times (41).
3...........................  NOX: use a CEMS to    326 IAC 10-6-1 (3).
                               monitor (45).
2, 3........................  SO2: FGD- 95%         326 IAC 7-4-10
                               efficiency \2\ (47).  (a)(1)(E).
2, 3........................  SO2: run FGD at all   326 IAC 7-4-10
                               times(48).            (a)(1)(F).
2, 3........................  SO2: use compliance   326 IAC 7-4-10
                               coal during           (a)(1)(F).
                               unplanned FGD
                               outage (49).
2...........................  PM: run ESP at all    326 IAC 6-7-1 (2).
                               times coal is
                               burned (61).
3...........................  PM: install           326 IAC 6-7-1
                               baghouse, 0.015 lb/   (1)(A).
                               MMBTU limit (62).
3...........................  PM: operate baghouse  326 IAC 6-7-1
                               at all times coal     (1)(B).
                               is burned(63).
3...........................  PM: use 40 CFR 60,    326 IAC 6-7-1
                               Method 5 (65).        (1)(C).
------------------------------------------------------------------------
\1\ 30-day rolling average emission rate.
\2\ 30-day rolling average SO2 removal efficiency using CEMS data from
  the control device inlet and outlet.


[[Page 57906]]

    The requirements in 326 IAC 6-7-1 and 326 IAC 10-6-1 for fine 
particulate matter and nitrogen oxides, respectively, are expected to 
reduce emissions and thus benefit air quality.
    The current sulfur dioxide emission limits remain unchanged in this 
SIP revision. Indiana added the consent decree conditions requiring 
SIGECO to maintain a sulfur dioxide removal efficiency of at least 
ninety-five percent (30-day rolling average) from its control device to 
its SIP in 326 IAC 7-4-10 (a)(1)(E). In addition, SIGECO must operate 
the FGD, its sulfur dioxide control device, at all times coal is burned 
in the units. The removal efficiency standard and operating requirement 
for the FGD will help to minimize sulfur dioxide emissions. In addition 
to the control requirement revisions on SIGECO Culley, sulfur dioxide 
emission limits that are no longer pertinent were also removed.
    The revisions to the Indiana rules adding the sulfur dioxide, 
particulate matter, and nitrogen oxides emission limitations for SIGECO 
Culley Indiana also removed expired sulfur dioxide emission limits from 
326 IAC 7-4-10 leaving just the current emission limits which clarifies 
the rule. Therefore, EPA is approving the revisions to the Indiana SIP.

IV. What Is the Environmental Effect of This Action?

    The revisions for SIGECO Culley strengthen the particulate matter, 
sulfur dioxide, and nitrogen oxides emission limits. Indiana expects a 
reduction in sulfur dioxide, nitrogen oxide, and particulate matter 
emissions from SIGECO Culley resulting from the revisions.
    Sulfur dioxide in the atmosphere can aggravate respiratory and 
cardiovascular disease. Sulfur dioxide emissions also contribute to 
acid rain and fine particulate matter formation. Nitrogen oxides 
participate in atmospheric reactions forming fine particulate matter 
and ground level ozone.
    In addition to the particulate precursor emission reductions from 
the more stringent rules, particulate matter emissions directly to the 
atmosphere are expected to be reduced by the control device upgrade and 
tightened emission limits at the Culley Station's Unit 3. Particulate 
matter in the atmosphere is known to harm health by decreasing lung 
function and aggravating respiratory ailments.

V. What Action Is EPA Taking?

    EPA is approving revisions to the Indiana SIP submitted on 
September 11, 2008. The PM, sulfur dioxide, and nitrogen oxides 
emission limits and other control requirements for SIGECO's Culley 
Generating Station are more stringent than the previous applicable 
limits and should result in overall environmental improvement. 
Therefore, EPA is approving 326 IAC 6-7-1, 7-4-10, and 10-6-1 into the 
Indiana SIP.
    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 January 11, 
2010 without further notice unless we receive relevant adverse written 
comments by December 10, 2009. 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 January 11, 2010.

VI. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Clean Air Act 
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve State 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves State law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by State law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have Tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the State, and EPA notes that it will not impose substantial direct 
costs on Tribal governments or preempt Tribal law.
    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 action 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 January 11, 2010. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action 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

[[Page 57907]]

of such rule or action. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the proposed 
rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that EPA can withdraw this direct final rule and address the comment in 
the proposed rulemaking. 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, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides.

    Dated: October 13, 2009.
Walter W. Kovallivk Jr.,
Acting Regional Administrator, Region 5.

0
40 CFR part 52 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)(190) to read as 
follows:


Sec.  52.770  Identification of plan.

* * * * *
    (c) * * *
    (190) On September 11, 2008, Indiana submitted a revision to its 
SIP. The revisions add particulate matter, sulfur dioxide, and nitrogen 
oxides control and emission limitations on the Southern Indiana Gas and 
Electric Company's F.B. Culley Generating Station, a power plant 
located in Warrick County, Indiana.
    (i) Incorporation by reference.
    (A) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 6: Particulate Rules, Rule 7: Particulate Matter 
Emission Limitations for Southern Indiana Gas and Electric Company, 
Section 1: ``Southern Indiana Gas and Electric Company (SIGECO)''; 
Article 7: Sulfur Dioxide Rules, Rule 4: Emission Limitations and 
Requirements by County, Section 10: ``Warrick County sulfur dioxide 
emission limitations''; and Article 10: Nitrogen Oxides Rules, Rule 6: 
Nitrogen Oxides Emission Limitations for Southern Indiana Gas and 
Electric Company, Section 1: ``Southern Indiana Gas and Electric 
Company (SIGECO)''.
    Filed with the Secretary of State on July 31, 2008 and effective on 
August 30, 2008. Published in Indiana Register 326070309 on August 28, 
2008, LSA Document 07-309(F).

[FR Doc. E9-26936 Filed 11-9-09; 8:45 am]

BILLING CODE 6560-50-P
