Direct Final Approval of Revised Municipal Waste Combustor State Plan for Designated Facilities and Pollutants: Indiana, 38925-38928 [E8-15349]

Download as PDF Federal Register / Vol. 73, No. 131 / Tuesday, July 8, 2008 / Rules and Regulations minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and will not create an environmental risk to health or risk to safety that might disproportionately affect children. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would 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. Energy Effects ebenthall on PRODPC60 with RULES Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 14:13 Jul 07, 2008 List of Subjects in 33 CFR Part 110 Anchorage grounds. I For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 110 as follows: PART 110—ANCHORAGE REGULATIONS 1. The authority citation for part 110 continues to read as follows: I We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a ‘‘significant energy action’’ under that order because it is not a ‘‘significant regulatory action’’ under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. VerDate Aug<31>2005 Environment We have considered the environmental impact of this rule and concluded that, under figure 2–1, paragraph 34(f), of Commandant Instruction M16475.1D, this rule is categorically excluded from further environmental documentation. A final ‘‘Categorical Exclusion Determination’’ and a final ‘‘Environmental Analysis Check List’’ are available in the docket for inspection or copying where indicated under ADDRESSES. This rule fits the category selected from paragraph (34)(f) as it would establish one special anchorage area Jkt 214001 Authority: 33 U.S.C. 471; 1221 through 1236, 2030, 2035 and 2071; and Department of Homeland Security Delegation No. 0170.1. 2. Amend § 110.30, by redesignating paragraph (k) as paragraph (k)(1) and adding paragraph (k)(2) to read as follows: I § 110.30 Boston Harbor, Mass., and adjacent waters. * * * * * (k) * * * (2) Weymouth Fore River, in the vicinity of Gull Point (PT). All of the waters bound by the following points beginning at latitude 42°15′05″ N, longitude 70°57′26″ W; thence to latitude 42°15′00″ N, longitude 70°57′26″ W; thence to latitude 42°15′15″ N, longitude 70°56′50″ W; thence to latitude 42°15′18″ N, longitude 70°56′50″ W; thence to the point of the beginning. DATUM: NAD 83. Note to paragraph (k)(2): The area is principally for use by recreational craft. All anchoring in the area shall be under the supervision of the local harbor master or such other authority as may be designated by the authorities of the Town of Weymouth, Massachusetts. All moorings are to be so placed that no moored vessel will extend beyond the limit of the anchorage area. * * * * * Dated: June 23, 2008. Timothy S. Sullivan, Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District. [FR Doc. E8–15312 Filed 7–7–08; 8:45 am] BILLING CODE 4910–15–P PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 38925 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 62 [EPA–R05–OAR–2008–0952; FRL–8688–1] Direct Final Approval of Revised Municipal Waste Combustor State Plan for Designated Facilities and Pollutants: Indiana Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: SUMMARY: EPA is approving revisions to Indiana’s State Plan to control air pollutants from large Municipal Waste Combustors (MWC). The Indiana Department of Environmental Management (IDEM) submitted the State Plan on August 24, 2007. The revisions are consistent with Emission Guideline (EG) amendments promulgated by EPA on May 10, 2006. This approval means that EPA finds that the State Plan amendments meet applicable Clean Air Act (Act) requirements for large MWCs for which construction commenced on or before September 20, 1994. Once effective, this approval also makes the amended State Plan Federally enforceable. This direct final rule will be effective September 8, 2008, unless EPA receives adverse comments by August 7, 2008. 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–2008–0952, by one of the following methods: 1. www.regulations.gov: Follow the on-line instructions for submitting comments. 2. E-mail: nash.carlton@epa.gov. 3. Fax: (312) 886–6030. 4. Mail: Carlton T. Nash, Chief, Integrated Air Toxics Section, Air Toxics and Assessment Branch (AT– 18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. 5. Hand Delivery: Carlton T. Nash, Chief, Integrated Air Toxics Section, Air Toxics and Assessment Branch (AT– 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, DATES: E:\FR\FM\08JYR1.SGM 08JYR1 ebenthall on PRODPC60 with RULES 38926 Federal Register / Vol. 73, No. 131 / Tuesday, July 8, 2008 / Rules and Regulations 8:30 a.m. to 4:30 p.m. excluding Federal holidays. Instructions: Direct your comments to Docket ID No. EPA–R05–OAR–2008– 0952. EPA’s policy is that all comments 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 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 www.regulations.gov your email 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 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 p.m., Monday through Friday, excluding legal holidays. We recommend that you telephone Margaret Sieffert, Environmental Engineer, at (312) 353– 1151 before visiting the Region 5 office. FOR FURTHER INFORMATION CONTACT: Margaret Sieffert, Environmental Engineer, Environmental Protection Agency, Region 5, 77 West Jackson VerDate Aug<31>2005 14:13 Jul 07, 2008 Jkt 214001 Boulevard (AT–18J), Chicago, Illinois 60604, (312) 353–1151, sieffert.margaret@epa.gov or Michele Palmer, Environmental Engineer, Environmental Protection Agency, Region 5, 77 West Jackson Boulevard (ML–10C), Chicago, Illinois 60604, (312) 353–3646, palmer.michele@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. What Did Indiana Submit to EPA? II. What Are the Revised MWC State Plan Requirements? III. What Is the Revised Indiana MWC Plan? IV. Does the Revised MWC State Plan Meet Federal Requirements? V. What Action Is EPA Taking? VI. Statutory and Executive Order Reviews I. What Did Indiana Submit to EPA? On August 24, 2007, Indiana submitted amendments to its State Plan to meet Federal rules applicable to large MWCs, which EPA implements under sections 111(d) and 129 of the Clean Air Act. Section 129(a)(5) of the Clean Air Act requires that EPA conduct a fiveyear review of the emissions guidelines and, if appropriate, revise them. These amendments are intended to revise the State plan approved by EPA on November 18, 1999 (64 FR 62928). If this approval becomes effective, it will make the amended Indiana MWC rule consistent with the amended Federal EG amendments promulgated on May 10, 2006. There is currently one large MWC plant in Indiana covered by the revised rule, Covanta Indianapolis, Inc. This facility has three subject units. II. What Are the Revised MWC State Plan Requirements? On May 10, 2006 (71 FR 27324), EPA published a final rule amending the emissions guidelines at 40 CFR part 60, Subpart Cb, to reflect the actual performance levels being achieved by existing MWC units. This rulemaking included revised limits for dioxin/furan (only for units equipped with electrostatic precipitators), mercury, cadmium, lead, particulate matter, and nitrogen oxides (for some types of units). It also contained revisions to the compliance testing provisions to require increased data availability from continuous emissions monitoring systems (CEMS). CEMS are required to generate at least ninety-five percent (95%) data availability on a calendar year basis and at least ninety percent (90%) data availability on a calendar quarter basis. The compliance testing provisions have also been revised to PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 allow the optional use of CEMS to monitor particulate matter and mercury. Other revisions include: • Operator stand-in provisions to clarify how long a shift supervisor is allowed to be off site when a provisionally certified control room operator is standing in; • An eight-hour block average for measuring activated carbon injection rate; • A provision for waiver of operating parameter limits during the mercury performance test and for two weeks preceding the test, as is already allowed for dioxin testing; • A revision to relative accuracy criterion for sulfur dioxide and carbon monoxide CEMS; • Flexibility to the annual compliance testing schedule so that a facility tests once per calendar year, but no less than nine months and no more than 15 months since the previous test; • Allowing use of parametric monitoring limits from an exceptionally well-operated MWC unit to be applied to all identical units at the same plant site without retesting for dioxin; • The option of monitoring the activated carbon injection pressure or equivalent parameter; and • Clarifying the exclusion of monitoring data from compliance calculations. III. What Is the Revised Indiana MWC Plan? Indiana adopted the revised State Plan to implement the EG revisions published by the EPA on May 10, 2006, in accordance with procedures established in 40 CFR part 60, subpart Cb. The submission only addresses those portions of the State Plan that have been updated since EPA’s November 18, 1999, approval of Indiana’s previous MWC rules. It is comprised of revisions to 326 IAC 11– 7, which establishes emission standards for existing MWC units consistent with the Federal rules. These became effective in Indiana on August 9, 2007. The remainder of the changes are accomplished by Indiana having incorporated by reference the May 10, 2006 Federal requirements. This became Federally effective when EPA approved the State’s most recent updates to the Code of Federal Regulations under 326 IAC 1–1–3 (the definition of ‘‘References to Code of Federal Regulations’’). See 73 FR 14389 (March 18, 2008). In addition, Indiana made the emission limits in 326 IAC 11–7 apply upon the effective date of the rule, August 9, 2007, which is two years earlier than required by the EPA’s MWC revisions. E:\FR\FM\08JYR1.SGM 08JYR1 Federal Register / Vol. 73, No. 131 / Tuesday, July 8, 2008 / Rules and Regulations The Revised Plan adopts the same emission limits that are in the Federal emission guidelines. Accordingly, the emission limits for particulate matter 38927 (PM), cadmium, lead, and mercury are as follows: Pollutant Emission limits Particulate matter ..................................................................................... Opacity ...................................................................................................... Cadmium .................................................................................................. Lead .......................................................................................................... Mercury ..................................................................................................... 25 milligrams per dry standard cubic meter (mg/dscm).1, 4 10% based on a 6-minute average. 0.035 mg/dscm.1 0.400 mg/dscm.1 0.050 mg/dscm; or 15% of the potential mercury emissions concentration.3, 4 29 parts per million by volume (ppmv); or 20% of the potential sulfur dioxide emission concentration.3, 5 29 ppmv; or 5% of the potential hydrogen chloride emissions concentration.2, 3 30 nanograms per dry standard cubic meter (ng/dscm) total mass.1 205 ppmv.2 100 ppmv5 (based on a 4-hour block averaging time). Sulfur dioxide ............................................................................................ Hydrogen chloride .................................................................................... Organic emission (expressed as total mass dioxins/furans) ................... Nitrogen oxides ......................................................................................... Carbon monoxide5 .................................................................................... 1 Corrected to seven percent (7%) oxygen. to seven percent (7%) oxygen, dry basis. 3 Whichever concentration is less stringent. 4 Corrected to seven percent (7%) oxygen, dry basis, calculated as a 24-hour daily geometric mean. 5 Measured at the combustor outlet in conjunction with a measurement of oxygen concentration, corrected to seven percent (7%) oxygen, dry basis, calculated as an arithmetic mean. 2 Corrected IV. Does the Revised MWC State Plan Meet Federal Requirements? IDEM held public hearings for the preliminary adoption of the State rule on December 6, 2006, and for final adoption on February 7, 2007. The State did not receive any comments during the public comment period or at the first and second public hearings. For the reasons discussed above, EPA has determined that the revised Plan meets all applicable Federal requirements. ebenthall on PRODPC60 with RULES V. What Action Is EPA Taking? We are approving, through direct final rulemaking action, Indiana’s revised State Plan for large MWCs, submitted to EPA on August 24, 2007. This plan revision approval excludes certain authorities retained by EPA, as stated in 40 CFR 60.30b(b) and 60.50b(n). We are publishing this action without prior proposal because we view this as a non-controversial 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 September 8, 2008 without further notice unless we receive relevant adverse written comments by August 7, 2008. 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 VerDate Aug<31>2005 14:13 Jul 07, 2008 Jkt 214001 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 8, 2008. VI. 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 PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 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, E:\FR\FM\08JYR1.SGM 08JYR1 38928 Federal Register / Vol. 73, No. 131 / Tuesday, July 8, 2008 / Rules and Regulations 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. ebenthall on PRODPC60 with RULES 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 September 8, 2008. 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).) VerDate Aug<31>2005 14:13 Jul 07, 2008 Jkt 214001 List of Subjects in 40 CFR Part 62 § 62.3652 Environmental protection, Air pollution control, Administrative practice and procedure, Intergovernmental relations, Municipal waste combustors, Reporting and recordkeeping requirements. The effective date of Phase I of the approval of the Indiana State Plan for municipal waste combustors with the capacity to combust greater than 250 tons per day of municipal solid waste was January 18, 2000. Phase II of the plan revision is effective September 8, 2008. * * * * * Dated: June 24, 2008. Richard C. Karl, Acting Regional Administrator, Region 5. I 40 CFR part 62 is amended as follows: Effective date. [FR Doc. E8–15349 Filed 7–7–08; 8:45 am] BILLING CODE 6560–50–P PART 62—[AMENDED] 1. The authority citation for part 62 continues to read as follows: I Authority: 42 U.S.C. 7401 et seq. FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 64 Subpart P—Indiana [CG Docket No. 03–123; FCC 08–138] 2. Sections 62.3650, 62.3651, and 62.3652 to subpart P are revised to read as follows: * * * * * Telecommunications Relay Services and Speech-to-Speech Services for Individuals With Hearing and Speech Disabilities § 62.3650 AGENCY: I Identification of plan. (a) On September 30, 1999, Indiana submitted the State Plan for implementing the Federal Large Municipal Waste Combustor (MWC) Emission Guidelines to control emissions from existing MWCs with the capacity to combust greater than 250 tons per day of municipal solid waste. The enforceable mechanism for this plan is a State rule codified in 326 Indiana Administrative Code (IAC) 11– 7. The rule was adopted on September 2, 1998, filed with the Secretary of State on January 18, 1999, and became effective on February 17, 1999. The rule was published in the Indiana State Register on March 1, 1999 (22 IR 1967). (b) On August 24, 2007, Indiana submitted a revised State plan as required by sections 129(a)(5) and 129 (b)(2) of the Act. The revised (Phase II) State plan implements amendments to 40 CFR part 60, subpart Cb published in the Federal Register on May 10, 2006. The Phase II State plan includes an amendment to State Rule 326 IAC 11– 7, that was adopted by Indiana on February 7, 2007. § 62.3651 Identification of sources. The plan applies to all existing municipal waste combustors with the capacity to combust greater than 250 tons per day of municipal solid waste, and for which construction, reconstruction, or modification was commenced on or before September 20, 1994, as consistent with 40 CFR part 60, subpart Cb. Subject facilities include the Indianapolis Resource Recovery Facility in Indianapolis, Indiana. PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 Federal Communications Commission. ACTION: Final rule. SUMMARY: In this document, the Commission clarifies its restrictions on the use of consumer or call database information by telecommunications relay service (TRS) providers to contact consumers of interstate TRS. The Commission concludes that TRS providers may use information derived from a consumer or call database to contact TRS users for purposes related to the handling of relay calls, as well as to comply with a federal statute, Commission rule or order, a court order, or other lawful authority. DATES: Effective May 28, 2008. ADDRESSES: Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: Lisa Boehley, Consumer and Governmental Affairs Bureau, Consumer Policy Division at (202) 418–7395 (voice), or email at lisa.boehley@fcc.gov. SUPPLEMENTARY INFORMATION: This is a summary of the Commission’s Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities, Declaratory Ruling (Consumer Contacts Declaratory Ruling), FCC 08–138, adopted and released May 28, 2008, in CG Docket No. 03–123. FCC 08–138 addresses issues arising from the Commission’s Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities, Report and Order and E:\FR\FM\08JYR1.SGM 08JYR1

Agencies

[Federal Register Volume 73, Number 131 (Tuesday, July 8, 2008)]
[Rules and Regulations]
[Pages 38925-38928]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-15349]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R05-OAR-2008-0952; FRL-8688-1]


Direct Final Approval of Revised Municipal Waste Combustor State 
Plan for Designated Facilities and Pollutants: Indiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving revisions to Indiana's State Plan to control 
air pollutants from large Municipal Waste Combustors (MWC). The Indiana 
Department of Environmental Management (IDEM) submitted the State Plan 
on August 24, 2007. The revisions are consistent with Emission 
Guideline (EG) amendments promulgated by EPA on May 10, 2006. This 
approval means that EPA finds that the State Plan amendments meet 
applicable Clean Air Act (Act) requirements for large MWCs for which 
construction commenced on or before September 20, 1994. Once effective, 
this approval also makes the amended State Plan Federally enforceable.

DATES: This direct final rule will be effective September 8, 2008, 
unless EPA receives adverse comments by August 7, 2008. 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-2008-0952, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-mail: nash.carlton@epa.gov.
    3. Fax: (312) 886-6030.
    4. Mail: Carlton T. Nash, Chief, Integrated Air Toxics Section, Air 
Toxics and Assessment Branch (AT-18J), U.S. Environmental Protection 
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Carlton T. Nash, Chief, Integrated Air Toxics 
Section, Air Toxics and Assessment Branch (AT-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,

[[Page 38926]]

8:30 a.m. to 4:30 p.m. excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2008-0952. EPA's policy is that all comments 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 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 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 
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 p.m., Monday through Friday, excluding legal holidays. We 
recommend that you telephone Margaret Sieffert, Environmental Engineer, 
at (312) 353-1151 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Margaret Sieffert, Environmental 
Engineer, Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard (AT-18J), Chicago, Illinois 60604, (312) 353-1151, 
sieffert.margaret@epa.gov or Michele Palmer, Environmental Engineer, 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard 
(ML-10C), Chicago, Illinois 60604, (312) 353-3646, 
palmer.michele@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. What Did Indiana Submit to EPA?
II. What Are the Revised MWC State Plan Requirements?
III. What Is the Revised Indiana MWC Plan?
IV. Does the Revised MWC State Plan Meet Federal Requirements?
V. What Action Is EPA Taking?
VI. Statutory and Executive Order Reviews

I. What Did Indiana Submit to EPA?

    On August 24, 2007, Indiana submitted amendments to its State Plan 
to meet Federal rules applicable to large MWCs, which EPA implements 
under sections 111(d) and 129 of the Clean Air Act. Section 129(a)(5) 
of the Clean Air Act requires that EPA conduct a five-year review of 
the emissions guidelines and, if appropriate, revise them. These 
amendments are intended to revise the State plan approved by EPA on 
November 18, 1999 (64 FR 62928). If this approval becomes effective, it 
will make the amended Indiana MWC rule consistent with the amended 
Federal EG amendments promulgated on May 10, 2006.
    There is currently one large MWC plant in Indiana covered by the 
revised rule, Covanta Indianapolis, Inc. This facility has three 
subject units.

II. What Are the Revised MWC State Plan Requirements?

    On May 10, 2006 (71 FR 27324), EPA published a final rule amending 
the emissions guidelines at 40 CFR part 60, Subpart Cb, to reflect the 
actual performance levels being achieved by existing MWC units. This 
rulemaking included revised limits for dioxin/furan (only for units 
equipped with electrostatic precipitators), mercury, cadmium, lead, 
particulate matter, and nitrogen oxides (for some types of units). It 
also contained revisions to the compliance testing provisions to 
require increased data availability from continuous emissions 
monitoring systems (CEMS). CEMS are required to generate at least 
ninety-five percent (95%) data availability on a calendar year basis 
and at least ninety percent (90%) data availability on a calendar 
quarter basis. The compliance testing provisions have also been revised 
to allow the optional use of CEMS to monitor particulate matter and 
mercury. Other revisions include:
     Operator stand-in provisions to clarify how long a shift 
supervisor is allowed to be off site when a provisionally certified 
control room operator is standing in;
     An eight-hour block average for measuring activated carbon 
injection rate;
     A provision for waiver of operating parameter limits 
during the mercury performance test and for two weeks preceding the 
test, as is already allowed for dioxin testing;
     A revision to relative accuracy criterion for sulfur 
dioxide and carbon monoxide CEMS;
     Flexibility to the annual compliance testing schedule so 
that a facility tests once per calendar year, but no less than nine 
months and no more than 15 months since the previous test;
     Allowing use of parametric monitoring limits from an 
exceptionally well-operated MWC unit to be applied to all identical 
units at the same plant site without retesting for dioxin;
     The option of monitoring the activated carbon injection 
pressure or equivalent parameter; and
     Clarifying the exclusion of monitoring data from 
compliance calculations.

III. What Is the Revised Indiana MWC Plan?

    Indiana adopted the revised State Plan to implement the EG 
revisions published by the EPA on May 10, 2006, in accordance with 
procedures established in 40 CFR part 60, subpart Cb. The submission 
only addresses those portions of the State Plan that have been updated 
since EPA's November 18, 1999, approval of Indiana's previous MWC 
rules. It is comprised of revisions to 326 IAC 11-7, which establishes 
emission standards for existing MWC units consistent with the Federal 
rules. These became effective in Indiana on August 9, 2007.
    The remainder of the changes are accomplished by Indiana having 
incorporated by reference the May 10, 2006 Federal requirements. This 
became Federally effective when EPA approved the State's most recent 
updates to the Code of Federal Regulations under 326 IAC 1-1-3 (the 
definition of ``References to Code of Federal Regulations''). See 73 FR 
14389 (March 18, 2008). In addition, Indiana made the emission limits 
in 326 IAC 11-7 apply upon the effective date of the rule, August 9, 
2007, which is two years earlier than required by the EPA's MWC 
revisions.

[[Page 38927]]

    The Revised Plan adopts the same emission limits that are in the 
Federal emission guidelines. Accordingly, the emission limits for 
particulate matter (PM), cadmium, lead, and mercury are as follows:

------------------------------------------------------------------------
               Pollutant                         Emission limits
------------------------------------------------------------------------
Particulate matter.....................  25 milligrams per dry standard
                                          cubic meter (mg/dscm).1, 4
Opacity................................  10% based on a 6-minute
                                          average.
Cadmium................................  0.035 mg/dscm.\1\
Lead...................................  0.400 mg/dscm.\1\
Mercury................................  0.050 mg/dscm; or 15% of the
                                          potential mercury emissions
                                          concentration.3, 4
Sulfur dioxide.........................  29 parts per million by volume
                                          (ppmv); or 20% of the
                                          potential sulfur dioxide
                                          emission concentration.3, 5
Hydrogen chloride......................  29 ppmv; or 5% of the potential
                                          hydrogen chloride emissions
                                          concentration.2, 3
Organic emission (expressed as total     30 nanograms per dry standard
 mass dioxins/furans).                    cubic meter (ng/dscm) total
                                          mass.\1\
Nitrogen oxides........................  205 ppmv.\2\
Carbon monoxide\5\.....................  100 ppmv\5\ (based on a 4-hour
                                          block averaging time).
------------------------------------------------------------------------
\1\ Corrected to seven percent (7%) oxygen.
\2\ Corrected to seven percent (7%) oxygen, dry basis.
\3\ Whichever concentration is less stringent.
\4\ Corrected to seven percent (7%) oxygen, dry basis, calculated as a
  24-hour daily geometric mean.
\5\ Measured at the combustor outlet in conjunction with a measurement
  of oxygen concentration, corrected to seven percent (7%) oxygen, dry
  basis, calculated as an arithmetic mean.

IV. Does the Revised MWC State Plan Meet Federal Requirements?

    IDEM held public hearings for the preliminary adoption of the State 
rule on December 6, 2006, and for final adoption on February 7, 2007. 
The State did not receive any comments during the public comment period 
or at the first and second public hearings.
    For the reasons discussed above, EPA has determined that the 
revised Plan meets all applicable Federal requirements.

V. What Action Is EPA Taking?

    We are approving, through direct final rulemaking action, Indiana's 
revised State Plan for large MWCs, submitted to EPA on August 24, 2007. 
This plan revision approval excludes certain authorities retained by 
EPA, as stated in 40 CFR 60.30b(b) and 60.50b(n).
    We are publishing this action without prior proposal because we 
view this as a non-controversial 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 September 8, 
2008 without further notice unless we receive relevant adverse written 
comments by August 7, 2008. 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 8, 2008.

VI. 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,

[[Page 38928]]

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 September 8, 2008. 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 62

    Environmental protection, Air pollution control, Administrative 
practice and procedure, Intergovernmental relations, Municipal waste 
combustors, Reporting and recordkeeping requirements.

    Dated: June 24, 2008.
Richard C. Karl,
Acting Regional Administrator, Region 5.

0
40 CFR part 62 is amended as follows:

PART 62--[AMENDED]

0
1. The authority citation for part 62 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart P--Indiana

0
2. Sections 62.3650, 62.3651, and 62.3652 to subpart P are revised to 
read as follows:
* * * * *


Sec.  62.3650  Identification of plan.

    (a) On September 30, 1999, Indiana submitted the State Plan for 
implementing the Federal Large Municipal Waste Combustor (MWC) Emission 
Guidelines to control emissions from existing MWCs with the capacity to 
combust greater than 250 tons per day of municipal solid waste. The 
enforceable mechanism for this plan is a State rule codified in 326 
Indiana Administrative Code (IAC) 11-7. The rule was adopted on 
September 2, 1998, filed with the Secretary of State on January 18, 
1999, and became effective on February 17, 1999. The rule was published 
in the Indiana State Register on March 1, 1999 (22 IR 1967).
    (b) On August 24, 2007, Indiana submitted a revised State plan as 
required by sections 129(a)(5) and 129 (b)(2) of the Act. The revised 
(Phase II) State plan implements amendments to 40 CFR part 60, subpart 
Cb published in the Federal Register on May 10, 2006. The Phase II 
State plan includes an amendment to State Rule 326 IAC 11-7, that was 
adopted by Indiana on February 7, 2007.


Sec.  62.3651  Identification of sources.

    The plan applies to all existing municipal waste combustors with 
the capacity to combust greater than 250 tons per day of municipal 
solid waste, and for which construction, reconstruction, or 
modification was commenced on or before September 20, 1994, as 
consistent with 40 CFR part 60, subpart Cb. Subject facilities include 
the Indianapolis Resource Recovery Facility in Indianapolis, Indiana.


Sec.  62.3652  Effective date.

    The effective date of Phase I of the approval of the Indiana State 
Plan for municipal waste combustors with the capacity to combust 
greater than 250 tons per day of municipal solid waste was January 18, 
2000.
    Phase II of the plan revision is effective September 8, 2008.
* * * * *
[FR Doc. E8-15349 Filed 7-7-08; 8:45 am]
BILLING CODE 6560-50-P