Rule2022-07285
Air Plan Approval; Indiana, Ohio; Definition of Chemical Process Plants Under State Prevention of Significant Deterioration Regulations and Operating Permit Programs
Primary source
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Published
April 7, 2022
Effective
May 9, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving revisions to the State Implementation Plan (SIP) for Indiana and revisions to the operating permit program for Ohio. The revisions incorporate changes to the definition of "chemical process plants" under Indiana's Prevention of Significant Deterioration (PSD) regulations and under Ohio's operating permit program. EPA also provided an opportunity for public comment on similar changes to the definition of "major stationary source" in Ohio's PSD regulations that were approved into the SIP on October 28, 2014. The changes to the State rules described below are approvable because they are consistent with EPA regulations governing state PSD and title V programs and will not interfere with any applicable requirement concerning attainment and reasonable further progress (as defined in section 171 of the Clean Air Act (CAA)), or any other applicable requirement of the CAA. EPA proposed to approve this action on January 19, 2022, and received no adverse comments.
Full Text
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<title>Federal Register, Volume 87 Issue 67 (Thursday, April 7, 2022)</title>
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[Federal Register Volume 87, Number 67 (Thursday, April 7, 2022)]
[Rules and Regulations]
[Pages 20331-20333]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-07285]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 70
[EPA-R05-OAR-2008-0138; EPA-R05-OAR-2011-0827; FRL-9397-02-R5]
Air Plan Approval; Indiana, Ohio; Definition of Chemical Process
Plants Under State Prevention of Significant Deterioration Regulations
and Operating Permit Programs
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to the State Implementation Plan (SIP) for Indiana and
revisions to the operating permit program for Ohio. The revisions
incorporate changes to the definition of ``chemical process plants''
under Indiana's Prevention of Significant Deterioration (PSD)
regulations and under Ohio's operating permit program. EPA also
provided an opportunity for public comment on similar changes to the
definition of ``major stationary source'' in Ohio's PSD regulations
that were approved into the SIP on October 28, 2014. The changes to the
State rules described below are approvable because they are consistent
with EPA regulations governing state PSD and title V programs and will
not interfere with any applicable requirement concerning attainment and
reasonable further progress (as defined in section 171 of the Clean Air
Act (CAA)), or any other applicable requirement of the CAA. EPA
proposed to approve this action on January 19, 2022, and received no
adverse comments.
DATES: This final rule is effective on May 9, 2022.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2008-0138 (Ohio) and EPA-R05-2011-0827 (Indiana). 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 Michael Langman,
Physical Scientist, at (312) 886-6867 or Mari Gonz[aacute]lez,
Environmental Engineer, at (312) 886-6175 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT: For information regarding Indiana's
PSD permit program: Michael Langman, Physical Scientist, Air Permits
Section, Air Programs Branch (AR-18J), Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312)
886-6867, <a href="/cdn-cgi/l/email-protection#e98588878e848887c784808a81888c85a98c9988c78e869f"><span class="__cf_email__" data-cfemail="93fff2fdf4fef2fdbdfefaf0fbf2f6ffd3f6e3f2bdf4fce5">[email protected]</span></a>. For information regarding Ohio's
title V operating permit or PSD permit programs: Mari Gonz[aacute]lez,
Environmental Engineer, Air Permits Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-6175,
<a href="/cdn-cgi/l/email-protection#caada5a4b0aba6afb0e4a7abb8a38aafbaabe4ada5bc"><span class="__cf_email__" data-cfemail="b1d6dedfcbd0ddd4cb9fdcd0c3d8f1d4c1d09fd6dec7">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background Information
On January 19, 2022 (87 FR 2731), EPA proposed to approve revisions
excluding ethanol production facilities that produce ethanol by natural
fermentation from the chemical process plant source category in
Indiana's PSD rules at 326 Indiana Administrative Code (IAC) 2-2-1 and
Ohio's title V operating permit rules at Ohio Administrative Code (OAC)
3745-77-01. An explanation of the CAA requirements, a detailed analysis
of the revisions, and EPA's reasons for proposing approval were
provided in the notice of proposed rulemaking (NPRM), and will not be
restated here. The public comment period for this proposed rule ended
on February 18, 2022. EPA received no comments on the proposal.
II. Final Action
EPA is approving revisions to the Indiana SIP in 40 CFR 52.770. EPA
is also approving revisions to the Ohio title V operating permit
program in 40 CFR part 70, appendix A. The revisions that EPA is
approving change the definition of ``major stationary source'' under
Indiana's PSD regulations at 326 IAC 2-2-1(ff)(1) and Ohio's operating
permit program at 3745-77-01(W). EPA is not taking action on changes
related to Indiana's nonattainment new source review regulations in
this action. EPA is taking no further action with respect to the 2014
revisions to the Ohio PSD SIP in 40 CFR 52.1870 related to the 2007
Ethanol Rule because we received no comments on this issue in the NPRM.
As explained in the NPRM, EPA has determined that these revisions are
consistent with EPA's PSD and title V regulations and that approval of
these revisions is consistent with the requirements of CAA section
110(l) and will not adversely impact air quality.
III. 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 Section II of this preamble and set forth in
the amendments to 40 CFR part 52 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
[[Page 20332]]
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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IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission and a state title V program submission that complies with
the provisions of the CAA and applicable Federal regulations. 42 U.S.C.
7410(k); 40 CFR 52.02(a); 42 U.S.C. 7661a(d); 40 CFR 70.1(c), 70.4(i).
Thus, in reviewing SIP submissions and title V program revision
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 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).
This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. 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 June 6, 2022. 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
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.
40 CFR Part 70
Environmental protection, Air pollution control, Hazardous
substances, Incorporation by reference, Intergovernmental relations,
Reporting and recordkeeping requirements.
Dated: March 31, 2022.
Debra Shore,
Regional Administrator, Region 5.
For the reasons stated in the preamble, EPA amends 40 CFR parts 52
and 70 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 entries for ``2-2-1'' to read as follows:
Sec. 52.770 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Indiana Regulations
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Indiana
Indiana citation Subject effective EPA approval date Notes
date
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* * * * * * *
2-2-1.................. Definitions.............. 3/16/2011 9/28/2011, 76 FR (a) through (e), (f)(2)
59899. through (f)(3), (g)
through (cc), (dd)(2)
through (dd)(3), (ee)(1)
through (ee)(2), (ff)(2)
through (ff)(6),
(gg)(1)(A) through
(gg)(1)(B), (gg)(2)
through (gg)(3), (hh)
through (rr), (ss)(2)
through (ss)(6), (tt)
through (vv), (ww)(1)(A)
through (ww)(1)(E),
(ww)(1)(G) through
(ww)(1)(W), (ww)(2),
(xx) through (aaa).
2-2-1.................. Definitions.............. 7/11/2012 10/29/2012, 77 FR (dd)(1), (ff)(7),
65478. (ss)(1), (ww)(1)(F) and
(ww)(1)(G) only.
2-2-1.................. Definitions.............. 7/11/2012 7/2/2014, 79 FR (f)(1), (ee)(3), and
37646. (gg)(1)(C) only.
[[Page 20333]]
2-2-1.................. Definitions.............. 9/16/2011 4/7/2022, [INSERT (ff)(1) only.
Federal Register
CITATION].
* * * * * * *
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* * * * *
PART 70--STATE OPERATING PERMIT PROGRAMS
0
3. The authority citation for part 70 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
4. In appendix A to part 70 the entry for ``Ohio'' is amended by adding
paragraph (e) to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
Ohio
* * * * *
(e) The Ohio Environmental Protection Agency submitted an
operating permits program amendment on February 4, 2008. The program
amendment contained in the February 4, 2008 submittal revises the
definition of major source to exclude ethanol production facilities
that produce ethanol by natural fermentation from the chemical
process plant source category. The state is hereby granted approval
effective on May 9, 2022.
* * * * *
[FR Doc. 2022-07285 Filed 4-6-22; 8:45 am]
BILLING CODE 6560-50-P
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