Rule2024-08712
Air Plan Approval; Indiana; Opacity 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
April 25, 2024
Effective
May 28, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a revision to the Indiana State Implementation Plan (SIP), authorizing temporary alternative opacity limitations at the BP Products North America, Inc. (BP) facility in Whiting, Indiana during startup and shutdown. This approval is consistent with the Clean Air Act (CAA) and EPA regulations regarding emissions during these periods in the refinery sector. EPA proposed to approve this SIP submission on August 17, 2022, and received no comments.
Full Text
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<title>Federal Register, Volume 89 Issue 81 (Thursday, April 25, 2024)</title>
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[Federal Register Volume 89, Number 81 (Thursday, April 25, 2024)]
[Rules and Regulations]
[Pages 31645-31647]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-08712]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2021-0936; FRL-9859-02-R5]
Air Plan Approval; Indiana; Opacity 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), authorizing
temporary alternative opacity limitations at the BP Products North
America, Inc. (BP) facility in Whiting, Indiana during startup and
shutdown. This approval is consistent with the Clean Air Act (CAA) and
EPA regulations regarding emissions during these periods in the
refinery sector. EPA proposed to approve this SIP submission on August
17, 2022, and received no comments.
DATES: This final rule is effective May 28, 2024.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2021-0936. 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. We recommend
that you telephone Matt Rau at (312) 886-6524 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT: Matt Rau, Air and Radiation Division
(AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-6524,
<a href="/cdn-cgi/l/email-protection#7a081b0f54171b0e0e121f0d3a1f0a1b541d150c"><span class="__cf_email__" data-cfemail="d6a4b7a3f8bbb7a2a2beb3a196b3a6b7f8b1b9a0">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
[[Page 31646]]
I. Background Information
On August 17, 2022 (87 FR 50594), EPA proposed to approve Indiana's
opacity rule section 326 Indiana Administrative Code (IAC) 5-1-8,
effective December 8, 2021, as a revision to the Indiana SIP. The rule
revision provides BP's two fluidized catalytic cracking units (FCUs),
FCU 500 and FCU 600, with a temporary alternative opacity limitation to
address safety hazards during startup, shutdown, and hot standby.
As noted in EPA's proposal, the temporary alternative opacity
limitation provided to BP in 326 IAC 5-1-8 is consistent with
applicable requirements in 326 IAC 5-1-3, approved by EPA on July 16,
2002 (67 FR 46589). This revision applies only to opacity rules at 326
IAC 5-1-8 as allowed under 326 IAC 5-1-3. Emission limitations and
monitoring for all other pollutants, including particulate matter,
remain unchanged.
The temporary alternative opacity limit is also consistent with the
requirements of 40 CFR part 63, subpart UUU, the National Emission
Standards for Hazardous Air Pollutants (NESHAP) for Petroleum
Refineries: Catalytic Cracking Units, Catalytic Reforming Units, and
Sulfur Recovery Units. The NESHAP allows units to demonstrate
compliance during periods of startup, shutdown, or hot standby by
maintaining the inlet velocity to the primary internal cyclones of the
FCU catalyst regenerator at or above 20 feet per second. 326 IAC 5-1-
8(c) requires BP to follow the same requirement as the NESHAP for FCU
500 and FCU 600, including the operating, data collection, and
recordkeeping requirements. 326 IAC 5-1-8 (c)(3)(G) also requires BP to
minimize emissions consistent with the NESHAP.
The public comment period for this proposed rule ended on September
16, 2022. EPA received no comments. EPA is finalizing this action as
proposed.
II. Final Action.
EPA is approving Indiana's opacity rule section 326 IAC 5-1-8 as a
revision to the Indiana SIP.
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 I 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 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 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 14094 (88 FR 21879, April 11, 2023);
<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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<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.
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).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
Indiana did not evaluate environmental justice considerations as
part of its SIP submission; the CAA and applicable implementing
regulations neither prohibit nor require such an evaluation. EPA did
not perform an EJ analysis and did not consider EJ in this action.
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 24, 2024. 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
[[Page 31647]]
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, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
Dated: April 18, 2024.
Debra Shore,
Regional Administrator, Region 5.
For the reasons stated in the preamble, title 40 CFR part 52 is
amended 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 ``5-1-8'' 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 date EPA approval date Notes
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* * * * * * *
5-1-8.......................... Site-specific 12/8/2021 4/25/2024, [INSERT
temporary FIRST PAGE OF FEDERAL
alternate REGISTER CITATION].
opacity
limitations.
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[FR Doc. 2024-08712 Filed 4-24-24; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on April 25, 2024.
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