Rule2021-12620
Air Plan Approval; Indiana; Emissions Reporting Rule
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 16, 2021
Effective
July 16, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a revision to the Indiana State Implementation Plan (SIP) submitted on July 16, 2020, by the Indiana Department of Environmental Management (IDEM). The revision incorporates changes to Indiana's existing emission reporting rule to be consistent with the emissions statement requirements in the Clean Air Act (CAA). The CAA requires stationary sources in ozone nonattainment areas to submit annual emissions statements. The revision to the rule extends the requirements in Indiana's emission reporting rule to Clark and Floyd counties, which were designated nonattainment under the 2015 ozone National Ambient Air Quality Standard (NAAQS) in 2018, and removes the requirement for Lawrenceburg Township in Dearborn County and to LaPorte County, because these areas are currently designated attainment for the 1997, 2008 and 2015 ozone standards.
Full Text
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<title>Federal Register, Volume 86 Issue 114 (Wednesday, June 16, 2021)</title>
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[Federal Register Volume 86, Number 114 (Wednesday, June 16, 2021)]
[Rules and Regulations]
[Pages 31922-31924]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-12620]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2020-0387; FRL-10024-93-Region 5]
Air Plan Approval; Indiana; Emissions Reporting Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the Indiana State Implementation Plan (SIP) submitted on
July 16, 2020, by the Indiana Department of Environmental Management
(IDEM). The revision incorporates changes to Indiana's existing
emission reporting rule to be consistent with the emissions statement
requirements in the Clean Air Act (CAA). The CAA requires stationary
sources in ozone nonattainment areas to submit annual emissions
statements. The revision to the rule extends the requirements in
Indiana's emission reporting rule to Clark and Floyd counties, which
were designated nonattainment under the 2015 ozone National Ambient Air
Quality Standard (NAAQS) in 2018, and removes the requirement for
Lawrenceburg Township in Dearborn County and to LaPorte County, because
these areas are currently designated attainment for the 1997, 2008 and
2015 ozone standards.
DATES: This final rule is effective on July 16, 2021.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2020-0387. All documents in the docket are listed on
the <a href="http://www.regulations.gov">www.regulations.gov</a> website. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other 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
through <a href="http://www.regulations.gov">www.regulations.gov</a> or 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 and facility
closures due to COVID-19. We recommend that you telephone Charles
Hatten, Environmental Engineer, at (312) 886-6031 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT: Charles Hatten, Environmental
Engineer, Control Strategies Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886-6031, <a href="/cdn-cgi/l/email-protection#7b131a0f0f1e155518131a09171e083b1e0b1a551c140d"><span class="__cf_email__" data-cfemail="cda5acb9b9a8a3e3aea5acbfa1a8be8da8bdace3aaa2bb">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. What is being addressed in this document?
This rule acts on the July 16, 2020 request from the IDEM to
incorporate revisions to Indiana's emission reporting rule, 326 IAC 2-
6. An explanation of the CAA requirements, a detailed analysis of the
revisions, and EPA's reasons for proposing approval were provided in
EPA's notice of proposed rulemaking (NPRM), dated February 11, 2021 (86
FR 9036), and will not be restated here.
II. What comments did we receive on the proposed rule?
In the NPRM, EPA provided a 30-day review and comment period for
the proposed rule. The comment period ended on March 15, 2021. We
received three comments during the comment period. The full comments
are in the rulemaking docket, see Addresses for details on accessing
the docket.
Two of the comments received were supportive of EPA's action.
Comments from a third individual expressed several issues of concern
not addressed in EPA's proposed rulemaking. Those comments are
summarized and addressed below.
Comment: The commenter asserted that the decision to remove
reporting requirements for Lawrenceburg Township and LaPorte County
could have permanent impacts on Indiana's citizens. IDEM should
reconsider removing the two areas from attainment.
Response: Because Lawrenceburg Township and LaPorte County have
demonstrated attainment with the ozone NAAQS, EPA designated them as
attainment areas under Section 107(d) of the CAA on June 4, 2018 (83 FR
25776). Consequently, section 182(a)(3)(B) of the CAA authorizes IDEM
to remove the emissions reporting requirements for those two areas. The
commenter's suggestion that IDEM should remove the ozone attainment
designation status for LaPorte County and Lawrenceburg
[[Page 31923]]
Township in Dearborn County is outside the scope of this rulemaking.
Comment: The commenter noted that the Federal website, <a href="http://Airnow.com">Airnow.com</a>,
shows acceptable levels of ozone in all the counties involved. The
commenter expressed concern about ozone's adverse biophysical impact,
especially in those with chronic respiratory conditions, but
acknowledged that those impacts of this rulemaking should remain
minimal.
Response: EPA agrees that ozone causes adverse health effects. As
noted above, EPA has designated both Lawrenceburg Township (Dearborn
County) and LaPorte County as areas that have attained the applicable
NAAQS for ozone.
Comment: The commenter expressed concern that the proposal did not
consider the potential for ozone levels rising in attainment areas and
the potential repercussions of not recording ozone levels. The
commenter further stated that, if the State discontinues recording
ozone emission rates and they rise beyond a safe level, this could
cause negative economic impacts and endanger the health of residents.
Response: This action addresses the requirement for stationary
sources to report emissions of volatile organic compounds (VOC) and
oxides of nitrogen (NO<INF>X</INF>). It does not affect Indiana's
requirements with respect to ozone monitoring. Indiana remains
obligated to meeting ozone monitoring requirements and to continue to
quality-assure monitoring data in accordance with 40 CFR part 58, and
to enter all data into EPA's air quality system (AQS) in accordance
with Federal guidelines. EPA and IDEM continue to monitor ozone to
ensure concentrations remain below the NAAQS.
Comment: The commenter claimed that not requiring certain areas to
report ozone emissions can lead to ignored regulations and increased
pollution. The commenter further noted that, even if an area has good
air quality, it is still our responsibility to prevent ozone levels
from becoming worse. The commenter suggested that all municipalities
involved continue to report ozone levels as if they were not in
attainment of the ozone standard.
Response: As discussed previously, this action does not affect
Indiana's requirements with respect to ozone monitoring. Indiana
remains obligated to meet ozone monitoring requirements and continue to
quality assure monitoring data in accordance with 40 CFR part 58, and
to enter all data into EPA's AQS in accordance with Federal guidelines.
Further, this does not relieve sources in any of the areas from
existing controls on ozone precursors. In addition, while sources in
Lawrenceburg Township in Dearborn County and LaPorte County are no
longer subject to the emissions reporting requirements of 326 IAC 2-6,
all areas in the state remain subject to EPA's Air Emission Reporting
Rule (AERR) under 40 CFR 51, subpart A. The AERR requires states to
collect and report annual emissions directly to EPA, including
emissions of all criteria pollutants (and/or precursors) from all
sources (point, non-point, on-road, and off-road mobile source types)
regardless of an area's attainment status.
Comment: The commenter asserted that ozone levels do not currently
impact the economies of the counties mentioned in this action. The
commenter expressed the concern, however, that while steel mills play a
large part in Indiana's economy, providing jobs and stability, they
also contribute to pollution that threatens Indiana's citizens. The
commenter further asserted that nitrogen dioxide and ozone pollution
cost billions of dollars and lead to millions of premature deaths; and
that, by taking precautionary steps, these costs will be reduced in the
long run.
Response: These comments address subjects outside the scope of our
proposed action. EPA notes, however, that the commenter does not
explain (or provide a legal basis for) how the final rule should differ
in any way from the proposed action. That being said, it should be
reiterated that both EPA and IDEM continue to monitor ozone to ensure
concentrations remain below the NAAQS.
III. What action is EPA taking?
EPA is approving the revision to the emission reporting rule, 326
IAC 2-6-1, into Indiana's SIP, as submitted on July 16, 2020, to
address the CAA emission statement requirement in section 182(a)(3)(B).
IV. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Indiana
Regulations described in the amendments to 40 CFR part 52 set forth
below. EPA has made, and will continue to make, these documents
generally available through <a href="http://www.regulations.gov">www.regulations.gov</a>, and at the EPA Region
5 Office (please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information).
Therefore, these materials have been approved by EPA for inclusion in
the SIP, have been incorporated by reference by EPA into that plan, are
fully federally enforceable under sections 110 and 113 of the CAA as of
the effective date of the final rulemaking of EPA's approval, and will
be incorporated by reference in the next update to the SIP
compilation.\1\
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\1\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA 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 CAA. 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:
<bullet> Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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 CAA; and
<bullet> Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using
[[Page 31924]]
practicable and legally permissible methods, under Executive Order
12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 16, 2021. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Volatile organic compounds.
Dated: June 9, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.
For the reasons stated in the preamble, EPA amends title 40 CFR
part 52 as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. In Sec. 52.770, the table in paragraph (c) is amended by revising
the entry for ``2-6-1'' under ``Article 2. Permit Review Rules'',
``Rule 6. Emission Reporting'', to read as follows:
Sec. 52.770 Identification of plan.
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(c) * * *
EPA-Approved Indiana Regulations
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Indiana
Indiana citation Subject effective EPA approval date Notes
date
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Article 2. Permit Review Rules
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Rule 6. Emission Reporting
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2-6-1................. Applicability........ 4/24/2020 6/16/2021, [INSERT FEDERAL
REGISTER CITATION].
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[FR Doc. 2021-12620 Filed 6-15-21; 8:45 am]
BILLING CODE 6560-50-P
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