Approval and Promulgation of Air Quality Implementation Plans; Indiana; VOC Emissions From Fuel Grade Ethanol Production Operations, 52286-52289 [E7-17881]
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Federal Register / Vol. 72, No. 177 / Thursday, September 13, 2007 / Rules and Regulations
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. This rule is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
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, approving
Delaware’s regulation for crude oil
lightering operations, may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
Dated: August 30, 2007.
Donald S. Welsh,
Regional Administrator, Region III.
C. Petitions for Judicial Review
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 November 13,
2007. Filing a petition for
reconsideration by the Administrator of
List of Subjects in 40 CFR Part 52
I
I
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart I—Delaware
2. In § 52.420, the table in paragraph
(c) is amended by revising the title for
Regulation No. 24—Control of Volatile
Organic Compound Emissions and
adding Section 46 to read as follows:
Environmental protection, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
§ 52.420
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Identification of plan.
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(c) * * *
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EPA-APPROVED REGULATIONS IN THE DELAWARE SIP
State citation
Title/subject
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State effective date
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EPA approval date
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Additional
explanation
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Regulation No. 1124—Control of Volatile Organic Compound Emissions (Formerly Regulation No. 24)
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Section 46 ....................................
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[FR Doc. E7–17872 Filed 9–12–07; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2007–0293; FRL–8464–4]
Approval and Promulgation of Air
Quality Implementation Plans; Indiana;
VOC Emissions From Fuel Grade
Ethanol Production Operations
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
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AGENCY:
SUMMARY: EPA is approving a March 30,
2007, request from the Indiana
Department of Environmental
Management (IDEM) to revise the
Indiana State Implementation Plan (SIP)
by adding a volatile organic compound
(VOC) rule for fuel grade ethanol
production at dry mills. This rule
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Crude Oil Lightering Operations
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09/13/07 [Insert page number
where the document begins].
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revision creates an industry-specific
Best Available Control Technology
(BACT) standard for new fuel grade
ethanol production dry mills that
replaces the otherwise required case-bycase SIP BACT determination for new
facilities with the potential to emit 25
tons or more of VOC per year. The
benefit of this rule is that establishing
specific standards in place of a case-bycase analysis improves the clarity,
predictability, and timeliness of certain
State permit decisions.
This direct final rule will be
effective November 13, 2007, unless
EPA receives adverse comments by
October 15, 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.
DATES:
Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2007–0293, by one of the
following methods:
ADDRESSES:
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1. https://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–
0293. EPA’s policy is that all comments
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Federal Register / Vol. 72, No. 177 / Thursday, September 13, 2007 / Rules and Regulations
ebenthall on PRODPC61 with RULES
received will be included in the public
docket without change and may be
made available online at
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 https://
www.regulations.gov or e-mail. The
https://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 https://
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
https://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
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 a.m., Monday
through Friday, excluding legal
holidays. We recommend that you
telephone Steven Rosenthal,
Environmental Engineer, at (312) 886–
6052 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Steven Rosenthal, Environmental
Engineer, Criteria Pollutant Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
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Chicago, Illinois 60604, (312) 886–6052,
rosenthal.steven@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
A. When did the State submit the
requested rule revision to EPA?
B. Did Indiana hold public hearings for this
rule revision?
II. What are the revisions that the State
requests be incorporated into the SIP?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. Background
A. When did the State submit the
requested rule revision to EPA?
IDEM submitted the requested rule
revision on March 30, 2007.
B. Did Indiana hold public hearings for
this rule revision?
Indiana held public hearings for the
requested rule revision on August 2,
2006, and December 6, 2006.
II. What are the revisions that the State
requests be incorporated into the SIP?
IDEM is requesting revisions to the
SIP in two areas: (1) To amend 326 IAC
8–5–1, Applicability of Rule, to identify
a newly-affected industry, and (2) to add
326 IAC 8–5–6, Fuel Grade Ethanol
Production at Dry Mills, to create an
industry-specific BACT standard for
new fuel grade ethanol production dry
mills that have no wet milling
operations. This standard would replace
the case-by-case BACT determination
currently required under 326 IAC 8–1–
6 for facilities with the potential to emit
25 tons or more of VOC per year.
326 IAC 8–5–1 defines the
applicability of the rule. The rule now
covers fuel grade ethanol production
discussed in Section 6 of 326 IAC 8–5–
6.
Indiana’s 326 IAC 8–1–6 is a statewide BACT requirement that applies to
sources that do not trigger
Nonattainment New Source Review
(NNSR) or Prevention of Significant
Deterioration (PSD) requirements, but
that emit 25 tons or more of VOC per
year. Establishing the State BACT limits
is a case-by-case determination based on
the maximum reduction that is
technically feasible, while taking into
account energy, environmental and
economic impact.
The changes to 326 IAC 8–5–6 apply
to all fuel grade ethanol production
plants constructed or modified after
April 1, 2007 that are: (1) Dry mills and
have no wet milling operations, (2) use
fermentation, distillation, and
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dehydration to produce ethanol and
dried distillers grain and solubles
(DDGS), and (3) have combined
potential VOC emissions of 22.7
megagrams (twenty five tons) or more
per year from fermentation processes,
DDGS dryer or dryers, and ethanol loadout operations.
The rule lists control measures
consistent with those that Indiana
would require under its case-by-case
BACT determination. The rule requires
the installation of a thermal oxidizer,
wet scrubber, or enclosed flare with an
overall control efficiency of not less
than 98 percent, and further requires
initial compliance to be achieved within
60 days of achieving maximum
production levels, but no later than 180
days after startup. The rule also contains
certain requirements related to the
operation, maintenance, testing, and
record-keeping of the operation of
required control measures. In this case,
establishing specific standards in place
of a case-by-case analysis improves the
clarity, predictability, and timeliness of
permit decisions that are currently
subject to 326 IAC 8–1–6.
III. What action is EPA taking?
We are approving revisions to the
Indiana SIP in two areas: (1) To amend
326 IAC 8–5–1, Applicability of Rule;
and (2) to add 326 IAC 8–5–6, Fuel
Grade Ethanol Facilities. It should be
noted that approval of this rule does not
in any way affect the applicability of
NNSR and/or PSD to subject sources.
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 November 13, 2007 without
further notice unless we receive relevant
adverse written comments by October
15, 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
November 13, 2007.
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Federal Register / Vol. 72, No. 177 / Thursday, September 13, 2007 / Rules and Regulations
IV. 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 preexisting 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
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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
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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 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
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List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: August 24, 2007.
Richard C. Karl,
Acting Regional Administrator, Region 5.
For the reasons stated in the preamble,
part 52, chapter I, of title 40 of the Code
of Federal Regulations is amended as
follows:
I
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
2. Section 52.770 is amended by
adding paragraph (c)(182) to read as
follows:
I
§ 52.770
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. 804(2).
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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 November 13,
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).)
Subpart P—Indiana
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
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).
VerDate Aug<31>2005
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.
Identification of plan.
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(c) * * *
(182) On March 30, 2007, Indiana
submitted final adopted revisions,
which amend 326 IAC 8–5–1,
concerning rule applicability, and add
326 IAC 8–5–6, fuel grade ethanol
production at dry mills, to its VOC rules
as a requested revision to the Indiana
state implementation plan. EPA is
approving these revisions, authorizing
Indiana to establish an industry-specific
State BACT standard for fuel grade
ethanol production at dry mill facilities
that emit 25 tons or more of VOC per
year.
(i) Incorporation by reference.
(A) Indiana Administrative Code Title
326: Air Pollution Control Board,
Article 8: Volatile Organic Compound
Rules, Rule 5: Miscellaneous
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Federal Register / Vol. 72, No. 177 / Thursday, September 13, 2007 / Rules and Regulations
Operations, Section 1: Applicability of
Rule. Indiana Administrative Code Title
326: Air Pollution Control Board,
Article 8: Volatile Organic Compound
Rules, Rule 5: Miscellaneous
Operations, Section 6: Fuel Grade
Ethanol Production at Dry Mills.
Approved by the Attorney General
February 16, 2007. Approved by the
Governor February 16, 2007. Filed with
the Publisher February 20, 2007.
Published on the Indiana Register Web
site March 21, 2007, Document
Identification Number (DIN): 20070321–
IR–326050197FRA. Effective March 22,
2007.
[FR Doc. E7–17881 Filed 9–12–07; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 97
[EPA–R03–OAR–2007–0448; FRL–8465–6]
Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia; Clean Air Interstate Rule
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
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AGENCY:
SUMMARY: EPA is taking direct final
action to approve a revision to the West
Virginia State Implementation Plan
(SIP) submitted on June 8, 2007. This
revision incorporates provisions related
to the implementation of EPA’s Clean
Air Interstate Rule (CAIR), promulgated
on May 12, 2005 and subsequently
revised on April 28, 2006 and December
13, 2006, and the CAIR Federal
Implementation Plan (CAIR FIP)
concerning sulfur dioxide (SO2),
nitrogen oxides (NOX) annual, and NOX
ozone season emissions for the State of
West Virginia, promulgated on April 28,
2006 and subsequently revised on
December 13, 2006. In this direct final
action, EPA is not making any changes
to the CAIR FIP, but is amending the
appropriate appendices in the CAIR FIP
trading rules simply to note that
approval. In accordance with the Clean
Air Act, EPA is approving this West
Virginia SIP revision as an abbreviated
SIP revision which addresses the
methodology to be used to allocate
annual and ozone season NOX
allowances under the CAIR FIPs.
DATES: This rule is effective on
November 13, 2007 without further
notice, unless EPA receives adverse
written comment by October 15, 2007.
If EPA receives such comments, it will
publish a timely withdrawal of the
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direct final rule in the Federal Register
and inform the public that the rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2007–0448 by one of the
following methods:
A. Follow the on-line instructions for
submitting comments.
B. E-mail: powers.marilyn@epa.gov.
C. Mail: EPA–R03–OAR–2007–0448,
Marilyn Powers, Acting Chief, Air
Quality Planning Branch, Mailcode
3AP21, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2007–
0448. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at https://
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 https://
www.regulations.gov or e-mail. The
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 https://
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
electronic docket are listed in the
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
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52289
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 in www.regulations.gov or
in hard copy during normal business
hours at the Air Protection Division,
U.S. Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the State submittal are
available at the West Virginia
Department of Environmental
Protection, Division of Air Quality, 601
57th Street SE., Charleston, West
Virginia 25304.
FOR FURTHER INFORMATION CONTACT:
Marilyn Powers, (215) 814–2308 or by
e-mail at powers.marilyn@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What Action is EPA Taking?
II. What is the Regulatory History of CAIR
and the CAIR FIPs?
III. What are the General Requirements of
CAIR and the CAIR FIPs?
IV. What is an Abbreviated CAIR SIP
Revision?
V. Analysis of West Virginia’s Abbreviated
CAIR SIP Submittal
VI. Final Action
VII. Statutory and Executive Order Reviews
I. What Action is EPA Taking?
EPA is approving a revision to West
Virginia’s SIP, submitted on June 8,
2007 that will modify the application of
certain provisions of the CAIR FIP
concerning SO2, NOX annual and NOX
ozone season emissions. As discussed
below, this less comprehensive CAIR
SIP is termed an abbreviated SIP. West
Virginia is subject to the CAIR FIPs that
implement the CAIR requirements by
requiring certain EGUs to participate in
the EPA-administered Federal CAIR
SO2, NOX annual, and NOX ozone
season cap-and-trade programs.
The West Virginia SIP revision
provides a methodology for allocating
NOX allowances for the NOX annual and
NOX ozone season trading programs.
The CAIR FIPs provide that this
methodology, if approved as EPA is
proposing, will be used to allocate NOX
allowances to sources in West Virginia,
instead of the federal allocation
methodology otherwise provided in the
FIP. EPA is not proposing to make any
changes to the CAIR FIP, but is
proposing, to the extent EPA approves
West Virginia’s SIP revision, to amend
the appropriate appendices in the CAIR
FIP trading rules simply to note that
approval.
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]]>Agencies
[Federal Register Volume 72, Number 177 (Thursday, September 13, 2007)]
[Rules and Regulations]
[Pages 52286-52289]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-17881]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2007-0293; FRL-8464-4]
Approval and Promulgation of Air Quality Implementation Plans;
Indiana; VOC Emissions From Fuel Grade Ethanol Production Operations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a March 30, 2007, request from the Indiana
Department of Environmental Management (IDEM) to revise the Indiana
State Implementation Plan (SIP) by adding a volatile organic compound
(VOC) rule for fuel grade ethanol production at dry mills. This rule
revision creates an industry-specific Best Available Control Technology
(BACT) standard for new fuel grade ethanol production dry mills that
replaces the otherwise required case-by-case SIP BACT determination for
new facilities with the potential to emit 25 tons or more of VOC per
year. The benefit of this rule is that establishing specific standards
in place of a case-by-case analysis improves the clarity,
predictability, and timeliness of certain State permit decisions.
DATES: This direct final rule will be effective November 13, 2007,
unless EPA receives adverse comments by October 15, 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-2007-0293, by one of the following methods:
1. https://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-
2007-0293. EPA's policy is that all comments
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received will be included in the public docket without change and may
be made available online at 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 https://
www.regulations.gov or e-mail. The https://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 https://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 https://
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 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 a.m., Monday through Friday, excluding legal holidays. We
recommend that you telephone Steven Rosenthal, Environmental Engineer,
at (312) 886-6052 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Steven Rosenthal, Environmental
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886-6052, rosenthal.steven@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
A. When did the State submit the requested rule revision to EPA?
B. Did Indiana hold public hearings for this rule revision?
II. What are the revisions that the State requests be incorporated
into the SIP?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. Background
A. When did the State submit the requested rule revision to EPA?
IDEM submitted the requested rule revision on March 30, 2007.
B. Did Indiana hold public hearings for this rule revision?
Indiana held public hearings for the requested rule revision on
August 2, 2006, and December 6, 2006.
II. What are the revisions that the State requests be incorporated into
the SIP?
IDEM is requesting revisions to the SIP in two areas: (1) To amend
326 IAC 8-5-1, Applicability of Rule, to identify a newly-affected
industry, and (2) to add 326 IAC 8-5-6, Fuel Grade Ethanol Production
at Dry Mills, to create an industry-specific BACT standard for new fuel
grade ethanol production dry mills that have no wet milling operations.
This standard would replace the case-by-case BACT determination
currently required under 326 IAC 8-1-6 for facilities with the
potential to emit 25 tons or more of VOC per year.
326 IAC 8-5-1 defines the applicability of the rule. The rule now
covers fuel grade ethanol production discussed in Section 6 of 326 IAC
8-5-6.
Indiana's 326 IAC 8-1-6 is a state-wide BACT requirement that
applies to sources that do not trigger Nonattainment New Source Review
(NNSR) or Prevention of Significant Deterioration (PSD) requirements,
but that emit 25 tons or more of VOC per year. Establishing the State
BACT limits is a case-by-case determination based on the maximum
reduction that is technically feasible, while taking into account
energy, environmental and economic impact.
The changes to 326 IAC 8-5-6 apply to all fuel grade ethanol
production plants constructed or modified after April 1, 2007 that are:
(1) Dry mills and have no wet milling operations, (2) use fermentation,
distillation, and dehydration to produce ethanol and dried distillers
grain and solubles (DDGS), and (3) have combined potential VOC
emissions of 22.7 megagrams (twenty five tons) or more per year from
fermentation processes, DDGS dryer or dryers, and ethanol load-out
operations.
The rule lists control measures consistent with those that Indiana
would require under its case-by-case BACT determination. The rule
requires the installation of a thermal oxidizer, wet scrubber, or
enclosed flare with an overall control efficiency of not less than 98
percent, and further requires initial compliance to be achieved within
60 days of achieving maximum production levels, but no later than 180
days after startup. The rule also contains certain requirements related
to the operation, maintenance, testing, and record-keeping of the
operation of required control measures. In this case, establishing
specific standards in place of a case-by-case analysis improves the
clarity, predictability, and timeliness of permit decisions that are
currently subject to 326 IAC 8-1-6.
III. What action is EPA taking?
We are approving revisions to the Indiana SIP in two areas: (1) To
amend 326 IAC 8-5-1, Applicability of Rule; and (2) to add 326 IAC 8-5-
6, Fuel Grade Ethanol Facilities. It should be noted that approval of
this rule does not in any way affect the applicability of NNSR and/or
PSD to subject sources.
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 November 13,
2007 without further notice unless we receive relevant adverse written
comments by October 15, 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 November 13, 2007.
[[Page 52288]]
IV. 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.
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 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. 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 November 13, 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: August 24, 2007.
Richard C. Karl,
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)(182) to read as
follows:
Sec. 52.770 Identification of plan.
* * * * *
(c) * * *
(182) On March 30, 2007, Indiana submitted final adopted revisions,
which amend 326 IAC 8-5-1, concerning rule applicability, and add 326
IAC 8-5-6, fuel grade ethanol production at dry mills, to its VOC rules
as a requested revision to the Indiana state implementation plan. EPA
is approving these revisions, authorizing Indiana to establish an
industry-specific State BACT standard for fuel grade ethanol production
at dry mill facilities that emit 25 tons or more of VOC per year.
(i) Incorporation by reference.
(A) Indiana Administrative Code Title 326: Air Pollution Control
Board, Article 8: Volatile Organic Compound Rules, Rule 5:
Miscellaneous
[[Page 52289]]
Operations, Section 1: Applicability of Rule. Indiana Administrative
Code Title 326: Air Pollution Control Board, Article 8: Volatile
Organic Compound Rules, Rule 5: Miscellaneous Operations, Section 6:
Fuel Grade Ethanol Production at Dry Mills. Approved by the Attorney
General February 16, 2007. Approved by the Governor February 16, 2007.
Filed with the Publisher February 20, 2007. Published on the Indiana
Register Web site March 21, 2007, Document Identification Number (DIN):
20070321-IR-326050197FRA. Effective March 22, 2007.
[FR Doc. E7-17881 Filed 9-12-07; 8:45 am]
BILLING CODE 6560-50-P
