[Federal Register Volume 78, Number 212 (Friday, November 1, 2013)]
[Proposed Rules]
[Pages 65590-65592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-26267]
[[Page 65590]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2012-0567; FRL-9902-36--Region 5]
Approval and Promulgation of Air Quality Implementation Plans;
Indiana; Indiana PM2.5 NSR
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve revisions to Indiana's state
implementation plan as requested by the Indiana Department of
Environmental Management (IDEM) to EPA on July 12, 2012, and December
12, 2012. The revisions to Indiana's state implementation plan (SIP)
implement certain EPA regulations for particulate matter smaller than
2.5 micrometers (PM2.5) by establishing definitions related
to PM2.5, defining PM2.5 increment levels, and
setting PM2.5 class 1 variances. The revisions also
incorporate definitions and regulations that recognize nitrogen oxides
(NOX) as an ozone precursor.
DATES: Comments must be received on or before December 2, 2013.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2012-0567, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: [email protected].
3. Fax: (312) 385-5501.
4. Mail: Genevieve Damico, Chief, Air Permits Section, Air Programs
Branch (AR-18J), U.S. Environmental Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Genevieve Damico, Chief, Air Permits 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-
2012-0567. 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 email. 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 email 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. For additional
instructions on submitting comments, go to Section I of the
SUPPLEMENTARY INFORMATION section of this document.
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 Federal holidays.
We recommend that you telephone Michael Langman, Environmental
Scientist, at (312) 886-6867 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Michael Langman, Environmental
Scientist, Air Permits Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886-6867, [email protected].
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 should I consider as I prepare my comments for EPA?
II. What is the background information for this action?
A. PM2.5-Related Actions
B. Ozone-Related Actions
C. Indiana's Actions
III. What are the revisions that the State submitted for approval?
A. Rule 326 IAC 2-2-1, Definitions
B. Rule 326 IAC 2-2-4, Air Quality Analysis; Requirements
C. Rule 326 IAC 2-2-6, Increment Consumption; Requirements
D. Rule 326 IAC 2-2-14, Sources Impacting Federal Class I Areas;
Additional Requirements
E. Rule 326 IAC 2-3-1, Definitions
F. Rule 326 IAC 5-1-5, Violations
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews
I. What should I consider as I prepare my comments for EPA?
When submitting comments, remember to:
1. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
2. Follow directions--EPA may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
3. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
4. Describe any assumptions and provide any technical information
and/or data that you used.
5. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
6. Provide specific examples to illustrate your concerns, and
suggest alternatives.
7. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
8. Make sure to submit your comments by the comment period deadline
identified.
II. What is the background information for this action?
IDEM has requested EPA's approval of several revisions to Indiana's
SIP. These revisions were made to comply with regulations enacted to
address the PM2.5 national ambient air quality standards
(NAAQS) and also to include NOX as a precursor to ozone.
These revisions implement the new source review (NSR) and prevention of
significant deterioration (PSD) program, as required by EPA's
regulations.
[[Page 65591]]
A. PM2.5-Related Actions
On April 25, 2007, EPA published (72 FR 20586) as a final rule in
the Federal Register the ``Clean Air Fine Particle Implementation
Rule''. This action provides rules and guidance for the Clean Air Act
requirements for SIPs to implement the 1997 fine particle NAAQS. As
part of this rulemaking, EPA promulgated 40 CFR part 51, subpart Z
``Provisions for Implementation of PM2.5 National Ambient
Air Quality Standards''. 40 CFR part 51, subpart Z outlines the
requirements that a state SIP must meet to implement and comply with
the PM2.5 NAAQS. The final rule became effective on May 29,
2007.
On May 16, 2008, EPA published (73 FR 28321) as a final rule in the
Federal Register the ``Implementation of the New Source Review (NSR)
Program for Particulate Matter Less than 2.5 Micrometers
(PM2.5)''. These regulations establish the PM2.5
NSR program. Among the finalized elements of the PM2.5 NSR
program are provisions establishing the PM2.5 major source
threshold, significant emissions rate, and applicability of NSR to
PM2.5 precursors. This final rule became effective on July
15, 2008.
B. Ozone-Related Actions
On November 29, 2005, EPA published (70 FR 71612) in the Federal
Register the ``Final Rule to Implement the 8-Hour Ozone National
Ambient Air Quality Standard--Phase 2''. Part of this rule established,
among other requirements, NOX as a precursor to ozone. The
final rule became effective on January 30, 2006.
C. Indiana's Actions
In response to EPA's actions regarding PM2.5 and ozone,
Indiana began the process to revise its state environmental rules to
comply with the new regulations. During the rulemaking process, Indiana
promulgated ``emergency rules'' designed to implement the regulations
required by EPA's PM2.5- and ozone-related actions. These
emergency rules mirrored in substance the regulations Indiana intended
to adopt. On June 11, 2012, Indiana adopted regulations implementing
the required PM2.5 and NOX ozone precursor
regulations. The revisions to Indiana's environmental regulations
became effective on July 11, 2012.
On July 12, 2012, IDEM sent a letter to EPA requesting EPA's
approval of parts of the revisions made to Indiana's SIP. These changes
define ``direct PM2.5,'' addresses precursors to ozone and
PM2.5, and revises existing definitions within Indiana's SIP
to reflect these changes. In the same letter, Indiana requested EPA's
approval to revisions made to its title V operating permit program.
On December 12, 2012, IDEM submitted a second letter to EPA
requesting approval of additional revisions to Indiana's SIP beyond
those requested on July 12, 2012. The requested revisions modify
provisions related to PM2.5 class I variances, increment
consumption, and baseline dates.
Indiana also made other revisions to its state environmental
regulations such as adding language intended to make some regulations
clearer while maintaining their current meaning. Since IDEM did not
submit these revisions to EPA for approval into the SIP, EPA will not
be taking action on them.
III. What are the revisions that the state submitted for approval?
The revisions IDEM submitted for EPA's approval implement the
PM2.5 NAAQS, PM2.5 NSR program and regulations
related to NOX as a precursor to ozone. The submittal
includes a request to approve revisions made to Indiana's state
regulations at 326 Indiana Administrative Code (IAC) 326 IAC 2-2-1, 326
IAC 2-2-4, 326 IAC 2-2-6, 326 IAC 2-2-14, 326 IAC 2-3-1 and 326 IAC 5-
1-5.
As part of this submittal, Indiana also requested revisions to 326
IAC 2-1.1-3 establishing exemptions that may apply to new sources,
modifications to existing sources, and revisions of existing operating
permits. However, these revisions are for regulations EPA had not
previously approved into Indiana's SIP. Since these regulations were
not previously approved into the SIP and are not being proposed as a
new addition to the SIP, EPA will not be taking action on 326 IAC 2-
1.1-3(d)(2)(A), 2-1.1-3(e)(1)(A), and 2-1.1-3(h)(2)(B)(xi)at this time.
Indiana also requested EPA to approve changes to Indiana's title V
program found at 326 IAC 2-7. However, revisions to the title V program
should be included as part of a separate title V program submission and
not part of a SIP approval. For this reason, EPA will not be taking
action on revisions to 326 IAC 2-7-1(21)(E)(vi) and 2-7-
1(42)(C)(ii)(FF) in this proposal.
A description and analysis of the SIP revisions for approval
follows.
A. Rule 326 IAC 2-2-1, Definitions
Indiana has revised several definitions at 326 IAC 2-2-1. The
revisions are summarized in the following paragraphs.
The definition of ``major source baseline date'' at 326 IAC 2-2-
1(ee)(3) adds October 20, 2010, as the major source baseline date for
PM2.5. This is consistent with 40 CFR 51.166(b)(14)(i)(c).
The definition of ``baseline area'' at 326 IAC 2-2-1(f)(1) was
revised to explicitly identify pollutant air quality impacts that would
define a baseline area where a minor source baseline date is already
established. This revision is consistent with 40 CFR 51.166(b)(15)(i).
Indiana's revision of ``minor source baseline date'' at 326 IAC 2-
2-1(gg)(1)(c) establishes October 20, 2011, as the trigger date for
PM2.5. This is consistent with 40 CFR 51.166(b)(14)(ii)(c).
The previously listed revised definitions are consistent with
definitions found at 40 CFR 51.166(b). EPA finds the revisions to 326
IAC 2-2-1 approvable.
B. Rule 326 IAC 2-2-4, Air Quality Analysis; Requirements
Indiana revised 326 IAC 2-2-4(b)(2)(A)(vi) requiring ozone ambient
air quality data to be provided if the net increase of NOX
is more than 100 tons per year. Because this revision is consistent
with 40 CFR 51.166(i)(5)(i)(f), EPA approved it on October 29, 2012 (77
FR 65478). However, this revision was incorrectly cited as 326 IAC 2-2-
4(b)(2)(vi). EPA is correcting the citation with this action.
Indiana also revised 326 IAC 2-2-4(c)(4) by allowing an owner or
operator of a proposed major stationary source or major modification of
volatile organic compounds (VOC) or NOX who satisfies all
conditions of 40 CFR part 51, appendix S, section IV, to provide post-
approval monitoring data for ozone in lieu of preconstruction data.
This revision differs from the regulation found at 40 CFR
51.166(m)(1)(v), which allows a SIP to authorize the submission of
post-approval monitoring data for ozone in lieu of providing
preconstruction data for VOC but not NOX . However,
NOX and VOC are both considered ozone precursors under PSD
regulations.\1\ 326 IAC 2-2-4(c)(4), as revised, allows the submission
of both VOC and NOX post-approval monitoring
[[Page 65592]]
data only when evaluating their impact as ozone precursors. This
revision does not create an exclusion for NOX with regard to
preconstruction monitoring for other applicable NAAQS, such as the
NO2 NAAQS or the PM2.5 NAAQS. Because the option
to provide NOX post-approval data in lieu of preconstruction
monitoring data is narrowly restricted to its role as an ozone
precursor, EPA finds this revision to be approvable.
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\1\ For example, in the preamble to ``Final Rule To Implement
the 8-Hour Ozone National Ambient Air Quality Standard-Phase 2'' (70
FR 71612), EPA includes NOX as an ozone precursor, citing
its role in ozone formation and transport.
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C. Rule 326 IAC 2-2-6, Increment Consumption; Requirements
Indiana has revised 326 IAC 2-2-6(b) by adding allowable
PM2.5 increments as listed in 40 CFR 51.166(c)(1). Other
revisions to 326 IAC 2-2-6(b) which do not change the overall meaning
of the regulation include changing the word ``such'' to ``the'' and
abbreviating ``particulate matter'' as ``PM.'' EPA finds this revision
to be approvable.
D. Rule 326 IAC 2-2-14, Sources Impacting Federal Class I Areas;
Additional Requirements
Indiana revised 326 IAC 2-2-14(e) by adding class I variances for
PM2.5. This revision is consistent with 40 CFR 51.166(p)(4).
EPA finds this revision to be approvable.
E. Rule 326 IAC 2-3-1, Definitions
The definition of ``regulated NSR pollutant'' at 326 IAC 2-3-
1(mm)(3) identifies ozone and PM2.5 precursors in
nonattainment areas. This change is consistent with 40 CFR
51.165(a)(1)(xxxvii). EPA finds this revision to be approvable.
The definition of ``significant'' at 326 IAC 2-3-1(pp) has also
been revised by adding the significant emission rate for
PM2.5 and by changing the phrase ``oxides of nitrogen'' to
``nitrogen oxides.'' This change is consistent with 40 CFR
51.165(a)(1)(x). EPA finds this revision to be approvable.
F. 326 IAC 5-1-5, Violations
326 IAC 5-1-5(b)(1)(E) requires owners and operators to submit, as
part of the petition requesting alternate opacity limits, applicable
particulate matter limits. Under the currently approved SIP, the only
applicable particulate matter limits are those associated with PM and
PM10, but not PM2.5. Indiana has revised 326 IAC
5-1-5(b)(1)(E) to require owners and operators of sources and
facilities seeking alternate opacity limits to submit PM,
PM10, or PM2.5 limits. EPA finds this revision
approvable because the revised SIP provision is more stringent since it
now requires PM2.5 limits to be submitted with petitions
requesting alternate opacity limits.
IV. What action is EPA taking?
EPA is proposing to approve revisions to Indiana's SIP that
implements a portion of the PM2.5 requirements and also
incorporates NOX as an ozone precursor. These revisions were
made to meet EPA's requirements for Indiana's PSD and NSR program and
are consistent with Federal regulations. Specifically, EPA is proposing
to approve the following:
(i) 326 IAC 2-2-1(ee)(3);
(ii) 326 IAC 2-2-1(f)(1);
(iii) 326 IAC 2-2-1(gg)(1)(c);
(iv) 326 IAC 2-2-4(b)(2)(A)(vi);
(v) 326 IAC 2-2-4(c)(4);
(vi) 326 IAC 2-2-6(b);
(vii) 326 IAC 2-2-14(e);
(viii) 326 IAC 2-3-1(mm)(3);
(ix) 326 IAC 2-3-1(pp); and
(x) 326 IAC 5-1-5(b)(1)(E).
EPA is taking no action with respect to 326 IAC 2-1.1-3(d)(2)(A),
326 IAC 2-1.1-3(e)(1)(A), and 326 IAC 2-1.1-3(h)(2)(B)(xi) because
Indiana requested EPA to take action on revisions made to the state's
regulations that were not previously approved into Indiana's SIP. If
Indiana requests in the future that EPA take action with respect to
these regulations as part of a separate SIP submission, EPA will do so
at that time.
EPA is taking no action with respect to the revisions made to
Indiana's title V program at 326 IAC 2-7-1(21)(E)(vi) and 326 IAC 2-7-
1(42)(C)(ii)(FF) because the title V program is approved as a program
separate from Indiana's SIP. EPA will take action on the revisions to
Indiana's title V program as part of a title V program submission.
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: October 21, 2013.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2013-26267 Filed 10-31-13; 8:45 am]
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