Air Plan Approval; Indiana; Revisions to NOX, 10064-10070 [2020-02817]
Download as PDF
<![CDATA[
10064
Federal Register / Vol. 85, No. 35 / Friday, February 21, 2020 / Rules and Regulations
year’s October CPI–U. As set forth in
Office of Management and Budget
Memorandum M–20–05 of December
16, 2019, the adjustment multiplier for
2019 is 1.01764. In order to complete
the 2019 annual adjustment, each
current CMP is multiplied by the 2020
adjustment multiplier. Under the 2015
Act, any increase in CMP must be
rounded to the nearest multiple of $1.
of the Code of Federal Regulations are
amended as follows:
ENVIRONMENTAL PROTECTION
AGENCY
PART 27—CIVIL PENALTY
ASSESSMENT FOR MISUSE OF
DEPARTMENT OF THE TREASURY
NAMES, SYMBOLS, ETC.
40 CFR Part 52
1. The authority citation for part 27
continues to read as follows:
■
Procedural Matters
Authority: 31 U.S.C. 321, 333
1. Administrative Procedure Act
2. Regulatory Flexibility Act
Because no notice of proposed
rulemaking is required, the provisions
of the Regulatory Flexibility Act (5
U.S.C. 601 et seq.) do not apply.
3. Executive Order 12866
This rule is not a significant
regulatory action as defined in section
3.f of Executive Order 12866.
4. Paperwork Reduction Act
The provisions of the Paperwork
Reduction Act of 1995, Public Law 104–
13, 44 U.S.C. Chapter 35, and its
implementing regulations, 5 CFR part
1320, do not apply to this rule because
there are no new or revised
recordkeeping or reporting
requirements.
List of Subjects
31 CFR Part 27
khammond on DSKJM1Z7X2PROD with RULES
2. Amend § 27.3 by revising paragraph
(c) to read as follows:
■
The Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (Section 701(b)) requires agencies,
beginning in 2017, to make annual
adjustments for inflation to CMPs,
without needing to provide notice and
the opportunity for public comment and
a delayed effective date required by 5
U.S.C. 553. Additionally, the
methodology used, effective 2017, for
adjusting CMPs for inflation is provided
by statute, with no discretion provided
to agencies regarding the substance of
the adjustments for inflation to CMPs.
The Department is charged only with
performing ministerial computations to
determine the dollar amount of
adjustments for inflation to CMPs.
Accordingly, prior public notice, an
opportunity for public comment, and a
delayed effective date are not required
for this rule.
§ 27.3
Assessment of civil penalties.
*
*
*
*
*
(c) Civil Penalty. An assessing official
may impose a civil penalty on any
person who violates the provisions of
paragraph (a) of this section. The
amount of a civil monetary penalty shall
not exceed $8,116 for each and every
use of any material in violation of
paragraph (a), except that such penalty
shall not exceed $40,576 for each and
every use if such use is in a broadcast
or telecast.
*
*
*
*
*
PART 50—TERRORISM RISK
INSURANCE PROGRAM
3. The authority citation for part 50 is
revised to read as follows:
■
Authority: 5 U.S.C. 301; 31 U.S.C. 321;
Title I, Pub. L. 107–297, 116 Stat. 2322, as
amended by Pub. L. 109–144, 119 Stat. 2660,
Pub. L. 110–160, 121 Stat. 1839, Pub. L. 114–
1, 129 Stat. 3, and Pub. L. 116–94, 133 Stat.
2534 (15 U.S.C. 6701 note); Pub. L. 114–74,
129 Stat. 601, Title VII (28 U.S.C. 2461 note).
4. Amend § 50.83(a) to read as
follows:
■
§ 50.83 Adjustment of civil monetary
penalty amount.
(a) Inflation Adjustment. Any penalty
under the Act and these regulations may
not exceed the greater of $1,419,442
and, in the case of any failure to pay,
charge, collect or remit amounts in
accordance with the Act or these
regulations such amount in dispute.
*
*
*
*
*
David B. Dwyer,
Executive Secretary.
Administrative Practice and
Procedure, Penalties.
[FR Doc. 2020–02712 Filed 2–20–20; 8:45 am]
31 CFR Part 50
BILLING CODE 4810–25–P
Insurance, Terrorism.
Authority and Issuance
For the reasons set forth in the
preamble, part 27 and part 50 of title 31
VerDate Sep<11>2014
17:38 Feb 20, 2020
Jkt 250001
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
[EPA–R05–OAR–2018–0634; FRL–10005–
34–Region 5]
Air Plan Approval; Indiana; Revisions
to NOX SIP Call and CAIR Rules
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving under the
Clean Air Act (CAA) a request from the
Indiana Department of Environmental
Management (IDEM) to revise the
Indiana State Implementation Plan (SIP)
to incorporate the following: A new rule
concerning nitrogen oxide (NOX)
emissions for the ozone season from
Electric Generating Units (EGUs) and
large non-EGUs; revisions concerning
NOX emission rate limits for specific
source categories; the repeal of the NOX
Budget Trading Program; and the repeal
of the Clean Air Interstate Rule (CAIR)
NOX ozone season trading program.
This SIP revision will ensure continued
compliance by EGUs and large nonEGUs with the requirements of the NOX
SIP Call.
DATES: This direct final rule is effective
April 21, 2020, unless EPA receives
adverse comments by March 23, 2020. 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–2018–0634 at https://
www.regulations.gov or via email to
arra.sarah@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.,
on the web, cloud, or other file sharing
system). For additional submission
SUMMARY:
E:\FR\FM\21FER1.SGM
21FER1
Federal Register / Vol. 85, No. 35 / Friday, February 21, 2020 / Rules and Regulations
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Eric
Svingen, Environmental Engineer,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–4489,
svingen.eric@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:
khammond on DSKJM1Z7X2PROD with RULES
I. What is the background of this SIP
submission?
II. What is EPA’s analysis of this SIP
submission?
III. What action is EPA Taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. What is the background of this SIP
submission?
Under the ‘‘good neighbor provision’’
of CAA section 110(a)(2)(D)(i)(I), states
are required to address interstate
transport of air pollution. Specifically,
the good neighbor provision provides
that each state’s SIP must contain
provisions prohibiting emissions from
within that state which will contribute
significantly to nonattainment of the
National Ambient Air Quality Standards
(NAAQS), or interfere with maintenance
of the NAAQS, in any other state.
On October 27, 1998, EPA published
the NOX SIP Call, which required
eastern states, including Indiana, to
submit SIPs that prohibit excessive
emissions of ozone season NOX by
implementing statewide emissions
budgets (63 FR 57356). The NOX SIP
Call addressed the good neighbor
provision for the 1979 ozone NAAQS
and was designed to mitigate the impact
of transported NOX emissions, one of
the precursors of ozone. EPA developed
the NOX Budget Trading Program, an
allowance trading program that states
could adopt to meet most of their
obligations under the NOX SIP Call.
This trading program allowed certain
sources to participate in a regional cap
and trade program: EGUs with capacity
greater than 25 megawatts; and large
non-EGUs, such as boilers and
combustion turbines, with a rated heat
input greater than 250 million British
thermal units (MMBtu) per hour. The
NOX SIP Call also identified potential
VerDate Sep<11>2014
17:38 Feb 20, 2020
Jkt 250001
reductions from Portland cement kilns
and stationary internal combustion
engines. To meet the requirements of
the NOX SIP Call, IDEM initially
promulgated two rules: 326 IAC 10–3,
which established source-by-source
emission rate limits and monitoring
requirements for Portland cement kilns
and blast furnace gas-fired boilers, and
326 IAC 10–4, which required EGUs and
certain other non-EGUs in the state to
participate in the NOX Budget Trading
Program. On November 8, 2001, EPA
published an action approving into the
SIP the original versions of 326 IAC 10–
3 and 326 IAC 10–4 in fulfillment of the
‘‘Phase I’’ requirements of the NOX SIP
Call (66 FR 56465). EPA has
subsequently approved revised portions
of these rules into the SIP. On December
11, 2003, EPA approved Indiana rule
revisions that changed the regulatory
approach selected by the state for blast
furnace gas-fired boilers at two sources,
making such units subject to the NOX
Budget Trading Program at 326 IAC 10–
4 instead of the source-by-source
emission rate limits at 326 IAC 10–3 (68
FR 69025).1 On October 1, 2007, EPA
approved into the SIP 326 IAC 10–5,
which addressed emissions from
stationary internal combustion engines,
as well as associated revisions to 326
IAC 10–3 and 326 IAC 10–4, in
fulfillment of the ‘‘Phase II’’
requirements of the NOX SIP Call (72 FR
55664).
On May 12, 2005, EPA published
CAIR, which required eastern states,
including Indiana, to submit SIPs that
prohibited emissions consistent with
annual and ozone season NOX budgets
and annual sulfur dioxide (SO2) budgets
(70 FR 25152). CAIR addressed the good
neighbor provision for the 1997 ozone
NAAQS and 1997 fine particulate
matter (PM2.5) NAAQS and was
designed to mitigate the impact of
transported NOX emissions, a precursor
of both ozone and PM2.5, as well as
transported SO2 emissions, another
precursor of PM2.5. Like the NOX SIP
Call, CAIR also established several
trading programs that states could use as
mechanisms to comply with the
budgets. When the CAIR trading
program for ozone season NOX was
implemented beginning in 2009, EPA
discontinued administration of the NOX
Budget Trading Program, but the
requirements of the NOX SIP Call
continued to apply. To meet the
1 The units subject to the change were existing
and new blast furnace gas-fired boilers at the
ArcelorMittal Indiana Harbor East (plant code
10474) and US Steel Gary Works (plant code 50733)
facilities. Blast furnace gas-fired boilers at other
Indiana sources remained subject to 326 IAC 10–3
rather than 326 IAC 10–4.
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
10065
requirements of CAIR, IDEM
promulgated 326 IAC 24–1, 326 IAC 24–
2, and 326 IAC 24–3, which required
EGUs to participate in the CAIR annual
SO2 and annual and ozone season NOX
trading programs. Participation by EGUs
in the CAIR trading program for ozone
season NOX emissions addressed the
state’s obligation under the NOX SIP
Call for those units. IDEM also opted to
incorporate large non-EGUs previously
regulated under 326 IAC 10–4 into 326
IAC 24–3, to meet the obligations of the
NOX SIP Call with respect to those units
through the CAIR trading program as
well. On October 22, 2007, EPA
published an action approving portions
of 326 IAC 24–1, 326 IAC 24–2, and 326
IAC 24–3 into the Indiana SIP (72 FR
59480). On November 29, 2010, EPA
published an action approving
additional sections of and revisions to
326 IAC 24–1, 326 IAC 24–2, and 326
IAC 24–3 into the Indiana SIP, fully
addressing the requirements of CAIR,
along with associated revisions to 326
IAC 10–3 and 326 IAC 10–4 (75 FR
72956). The approved revision to 326
IAC 10–4 ‘‘sunsetted’’ all requirements
for Indiana EGUs and large non-EGUs
under the NOX Budget Trading Program
in coordination with the
implementation start date for the CAIR
ozone season NOX trading program.
The United States Court of Appeals
for the District of Columbia Circuit (D.C.
Circuit) remanded CAIR to EPA for
replacement in 2008. North Carolina v.
EPA, 531 F.3d 896, modified, 550 F.3d
1176 (2008). While EPA worked on
developing a replacement rule,
implementation of the CAIR program
continued as planned with the NOX
annual and ozone season programs
beginning in 2009 and the SO2 annual
program beginning in 2010.
On August 8, 2011, acting on the D.C.
Circuit’s remand, EPA published the
Cross-State Air Pollution Rule (CSAPR)
to replace CAIR and to address the good
neighbor provision for the 1997 ozone
NAAQS, the 1997 PM2.5 NAAQS, and
the 2006 PM2.5 NAAQS (76 FR 48208).
Through Federal Implementation Plans
(FIPs), CSAPR required EGUs in eastern
states, including Indiana, to meet
annual and ozone season NOX budgets
and annual SO2 budgets implemented
through new trading programs. CSAPR
also contained provisions that would
sunset CAIR-related obligations on a
schedule coordinated with the
implementation of the CSAPR
compliance requirements. After delays
caused by litigation, EPA started
implementing the CSAPR trading
programs in 2015, simultaneously
discontinuing administration of the
CAIR trading programs. Participation by
E:\FR\FM\21FER1.SGM
21FER1
khammond on DSKJM1Z7X2PROD with RULES
10066
Federal Register / Vol. 85, No. 35 / Friday, February 21, 2020 / Rules and Regulations
a state’s EGUs in the CSAPR trading
program for ozone season NOX generally
addressed the state’s obligations under
the NOX SIP Call for EGUs. However,
CSAPR did not initially contain
provisions allowing states to incorporate
large non-EGUs into that trading
program to meet the requirements of the
NOX SIP Call for non-EGUs.
On October 26, 2016, EPA published
the CSAPR Update, which established a
new ozone season NOX trading program
for EGUs in eastern states, including
Indiana, to address the good neighbor
provision for the 2008 ozone NAAQS
(81 FR 74504). As under CSAPR,
participation by a state’s EGUs in the
new CSAPR trading program for ozone
season NOX generally addressed the
state’s obligations under the NOX SIP
Call for EGUs. The CSAPR Update also
expanded options available to states for
meeting NOX SIP Call requirements for
large non-EGUs by allowing states to
incorporate those units into the new
trading program.
After evaluating the various options
available following the CSAPR Update,
IDEM chose to meet the ongoing NOX
SIP Call requirements for most existing
and new large non-EGUs by adopting a
new rule at 326 IAC 10–2 to make the
portion of the state’s NOX SIP Call
budget assigned to those non-EGUs
enforceable without an allowance
trading mechanism. With respect to the
blast furnace gas-fired units formerly
regulated under the NOX Budget
Trading Program (and then the CAIR
ozone season NOX program), IDEM
chose instead to revise 326 IAC 10–3 to
make the units subject to source-bysource emission rate limits under that
rule. Finally, IDEM also repealed its
CAIR trading program rules at 326 IAC
24–1, 326 IAC 24–2, and 326 IAC 24–
3 and its already-sunsetted NOX Budget
Trading Program rule at 326 IAC 10–4.
In its August 27, 2018 submission,
IDEM requested that EPA approve these
changes into the Indiana SIP.
On December 17, 2018, EPA approved
a separate November 27, 2017
submission from IDEM, which modified
the Indiana SIP to incorporate rules
requiring EGUs to participate in the
CSAPR trading programs pursuant to
the SIP instead of the CSAPR FIPs (83
FR 64472). As part of this action, EPA
approved the removal of 326 IAC 24–1,
326 IAC 24–2, and portions of 326 IAC
24–3 from the Indiana SIP. Following
the December 17, 2018 SIP action, 326
IAC 24–3–1, 326 IAC 24–3–2, 326 IAC
24–3–4, and 326 IAC 24–3–11 are the
only portions of Indiana’s original CAIR
rules at 326 IAC 24–1, 326 IAC 24–2,
and 326 IAC 24–3 that remain in the
Indiana SIP. These provisions were left
VerDate Sep<11>2014
17:38 Feb 20, 2020
Jkt 250001
in place by the December 17, 2018 SIP
action because they collectively
establish ozone season NOX monitoring
requirements for affected non-EGUs,
and at the time of that action no other
SIP-approved rules addressed
monitoring requirements for these units
for NOX SIP Call purposes.
On March 8, 2019, EPA finalized
updates to the NOX SIP Call regulations
to allow states to meet the NOX SIP
Call’s monitoring requirements using
approaches other than the monitoring
requirements under 40 CFR part 75 (84
FR 8422). Indiana’s August 27, 2018
submission predates EPA’s updates to
the NOX SIP Call’s monitoring
requirements and therefore does not
include changes that allow non-EGUs
subject to the new rule at 326 IAC 10–
2 to meet the NOX SIP Call’s monitoring
requirements using approaches other
than part 75 monitoring. EPA is
assisting IDEM with preparing a
submission that would make other
monitoring approaches available to
these units and will address any such
submission in a future rulemaking.
II. What is EPA’s analysis of this SIP
submission?
Indiana’s August 27, 2018 submission
requests that EPA update Indiana’s SIP
to reflect the addition of a new rule at
326 IAC 10–2, the revision of the
existing rule at 326 IAC 10–3, and the
repeal of the rules at 326 IAC 10–4, 326
IAC 24–1, 326 IAC 24–2, and 326 IAC
24–3. (As noted in section I, EPA has
already approved the removal of 326
IAC 24–1, 326 IAC 24–2, and portions
of 326 IAC 24–3 from the SIP in
response to a different SIP submission.)
Additionally, Indiana’s submission
includes a demonstration under section
110(l) of the CAA showing that this SIP
revision does not interfere with any
applicable CAA requirement.
A. New, Revised, and Repealed State
Rules
Given EPA’s replacement of CAIR
with CSAPR and EPA’s previous
discontinuation of administration of the
NOX Budget Trading Program, Indiana
has developed rule changes to address
the NOX SIP Call’s ongoing
requirements with respect to existing
and new large non-EGUs in a manner
that does not rely on the administration
of a trading program. Specifically, to
address all of the affected non-EGUs
formerly covered by the trading
programs except the blast furnace gasfired units, the state adopted a new rule
at 326 IAC 10–2 that establishes
monitoring requirements and a cap on
the units’ collective ozone season NOX
mass emissions. To address the blast
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
furnace gas-fired units, the state revised
the existing rule at 326 IAC 10–3 to
make the units subject to source-bysource emission rate limits and
monitoring requirements under that
rule. Indiana also repealed its remaining
CAIR rules at 326 IAC 24–3–1, 326 IAC
24–3–2, 326 IAC 24–3–4, and 326 IAC
24–3–11 and its already-sunsetted NOX
Budget Trading Program rule at 326 IAC
10–4. These rule changes have a stateeffective date of August 26, 2018.
Indiana’s August 27, 2018, submission
includes a request that EPA approve
these rule changes into its SIP.
The new rule at 326 IAC 10–2 that
Indiana has adopted to address the NOX
SIP Call’s ongoing requirements with
respect to most of the state’s affected
large non-EGUs is structured into nine
sections: 326 IAC 10–2–1 concerning
applicability, 326 IAC 10–2–2
concerning definitions, 326 IAC 10–2–3
concerning monitoring requirements,
326 IAC 10–2–4 concerning compliance
dates for monitoring, 326 IAC 10–2–5
concerning certification and
recertification of monitoring systems,
326 IAC 10–2–6 concerning data
substitution for periods of missing data,
326 IAC 10–2–7 concerning petitions for
approval of monitoring alternatives, 326
IAC 10–2–8 concerning recordkeeping
and reporting, and 326 IAC 10–2–9
concerning the ozone season NOX
budget. Under the applicability
provisions, the rule applies to all nonEGUs that would have been subject to
the state’s NOX Budget Trading Program
rule at 326 IAC 10–4 except the blast
furnace gas-fired units that will become
subject to 326 IAC 10–3 as revised. The
remaining provisions of the rule
prohibit the affected non-EGUs’
collective emissions from exceeding
8,008 tons, which is the portion of
Indiana’s statewide budget under the
NOX SIP Call that was assigned to these
types of units under the NOX Budget
Trading Program, and require
monitoring of ozone season NOX mass
emissions in accordance with 40 CFR
part 75. The rule also incorporates the
provisions of 40 CFR part 72, subpart B,
concerning designated representatives.
In its SIP submittal, Indiana has
committed to annually review the nonEGUs’ compliance with the collective
cap and, in the event of any cap
exceedance, to revise its SIP within one
year to compensate for the exceedance
and prevent additional exceedances.
The revisions to the existing rule at
326 IAC 10–3 concerning NOX emission
rate limits for specific source categories
revise the rule’s applicability provisions
to cover the blast furnace gas-fired units
that formerly would have been covered
E:\FR\FM\21FER1.SGM
21FER1
Federal Register / Vol. 85, No. 35 / Friday, February 21, 2020 / Rules and Regulations
by the NOX Budget Trading Program.2 In
addition, the provisions concerning the
establishment of appropriate emissions
factors for use by such units in
determining reported emissions under
this rule are modified to allow historical
emissions data reported under 40 CFR
part 75 to be used for this purpose, and
a provision is added requiring the newly
covered units to submit their plans for
complying with the rule within 60 days
of becoming affected under the rule. The
revisions will make these units subject
to essentially the same emission rate
limits and monitoring requirements that
the units would have been subject to
under the state rules originally adopted
by Indiana to address the NOX SIP Call
and approved into the SIP by EPA in
2001. Other revisions to the rule include
removing references to the repealed
NOX Budget Trading Program and CAIR
rules, inserting references to the new
rule at 326 IAC 10–2, updating the
names of two sources referenced
specifically by the rule, clarifying and
strengthening applicability during
certain operating periods, and making
minor improvements to formatting and
grammar.
The rules that Indiana requested be
removed from the SIP in the August 27,
2018 SIP submission are the state’s NOX
Budget Trading Program rule at 326 IAC
10–4 and the state’s CAIR trading
program rules at 326 IAC 24–1, 326 IAC
24–2, and 326 IAC 24–3, concerning
annual NOX, SO2, and ozone season
NOX emissions, respectively. Because
EPA’s December 17, 2018 SIP action
already approved the removal from the
SIP of 326 IAC 24–1, 326 IAC 24–2, and
portions of 326 IAC 24–3, this action
will remove only 326 IAC 10–4 and the
remaining SIP-approved portions of 326
IAC 24–3, which were left in place by
the December 17, 2018 SIP action to
address ozone season NOX monitoring
requirements for affected non-EGUs for
NOX SIP Call purposes in the absence of
other SIP-approved rules establishing
such monitoring requirements.
B. EPA’s Evaluation of the SIP
Submission
khammond on DSKJM1Z7X2PROD with RULES
Under the ongoing requirements of
the NOX SIP Call, the Indiana SIP must,
among other things: (1) Include
enforceable control measures for ozone
season NOX mass emissions from
2 The existing blast furnace gas-fired boilers that
will be affected by this change are ArcelorMittal
Indiana Harbor East (plant code 10474) units 501,
502, 503, and 504 and US Steel Gary Works (plant
code 50733) units 701B1, 701B2, 701B3, 701B5,
701B6, 720B1, 720B2, and 720B3. According to
IDEM, the other formerly affected blast furnace gasfired boilers at the Indiana Harbor East facility have
been retired.
VerDate Sep<11>2014
17:38 Feb 20, 2020
Jkt 250001
existing and new large EGUs and large
non-EGUs that the state relied on to
achieve emission reductions to meet its
statewide NOX budget and (2) require
those sources to monitor and report
their ozone season NOX emissions,
which may be in accordance with part
75. See 40 CFR 51.121(f)(2) and (i). For
the reasons discussed below, EPA is
finding that Indiana’s new rule at 326
IAC 10–2, in combination with the
continued participation of the state’s
EGUs in the CSAPR ozone season NOX
trading program, is sufficient to address
the state’s ongoing NOX SIP Call
obligations with respect to these EGUs
and large non-EGUs, while the revisions
to 326 IAC 10–3 establish reasonable
requirements for the blast furnace gasfired units formerly subject to the NOX
Budget Trading Program. Accordingly,
EPA is approving these changes into the
SIP.
With respect to the NOX SIP Call
requirement that the state have
enforceable control measures to limit
ozone season NOX mass emissions,
Indiana’s EGUs are currently subject to
a state CSAPR Update trading program
for ozone season NOX emissions that
addresses these requirements for
existing and new EGUs, but because
Indiana’s non-EGUs are not subject to
that CSAPR trading program, the state
must meet this requirement for existing
and new non-EGUs through other SIP
provisions. Indiana’s new rule at 326
IAC 10–2 will prohibit ozone season
NOX mass emissions from existing and
new large non-EGUs other than blast
furnace gas-fired units from exceeding
8,008 tons, the portion of the state’s
NOX SIP Call budget assigned to such
large non-EGUs. Under 326 IAC 10–2,
Indiana will conduct an annual review
to ensure that the most recent ozone
season emissions from large non-EGUs
remain below the statewide budget, and
in the SIP submission IDEM has
committed to take action within one
year as needed to address any
exceedances. The new cap will replace
the former enforcement mechanism of
the NOX Budget Trading Program and
the CAIR ozone season NOX trading
program under which these sources
were required to hold allowances equal
to their emissions. The allowance
holding requirements under the trading
programs have been unenforceable since
EPA stopped administering the trading
programs in 2009 and 2015,
respectively. The addition of 326 IAC
10–2 thus will remedy an existing gap
in the SIP by reestablishing enforceable
limits on ozone season NOX mass
emissions from these units.
Indiana has chosen a different
regulatory approach for blast furnace
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
10067
gas-fired units that formerly would have
been covered by the NOX Budget
Trading Program. Unlike the state’s
other large non-EGUs, the blast furnace
gas-fired units have never been relied
upon by Indiana to achieve emissions
reductions to meet the statewide NOX
budget under the NOX SIP Call. In the
state’s original rules approved into the
SIP in 2001, under which all blast
furnace gas-fired units were subject to
source-by-source emission rate limits
under 326 IAC 10–3, as well as in the
rule revisions approved into the SIP in
2003, under which the blast furnace gasfired units at two sources were instead
made subject to the NOX Budget Trading
Program under 326 IAC 10–4, Indiana
consistently projected no emission
reductions from its blast furnace gasfired units for purposes of meeting the
state’s overall NOX budget. See 66 FR at
56469 (Table 4) and 56473; June 26,
2003 SIP submission (Attachment K),
available in the docket for this
rulemaking. Consequently, there is no
ongoing NOX SIP Call requirement
under 40 CFR 51.121(f)(2) for the
Indiana SIP to include enforceable
limits on ozone season NOX mass
emissions from these units, and to meet
its other NOX SIP Call requirements,
Indiana has now chosen to return to the
regulatory approach in its original SIP
submission (as approved into the SIP in
2001) by making all the state’s blast
furnace gas-fired units subject to sourceby-source emission rate limits under
326 IAC 10–3. Importantly, this change
of requirements will be implemented in
a manner designed to maintain the
overall stringency of the SIP for NOX
SIP Call purposes. First, with respect to
the blast furnace gas-fired units, the
source-by-source emission rate limit of
0.17 lb/MMBtu that will apply to the
units under 326 IAC 10–3 is the same
limit that was used to project the units’
uncontrolled emissions for purposes of
both of the state’s previous SIP
submissions concerning the NOX SIP
Call-related requirements for these
units. Second, with respect to the
remaining non-EGUs that will be subject
to the new collective mass emissions
cap under 326 IAC 10–2, Indiana has set
the cap at 8,008 tons, which is the
portion of the statewide NOX budget
assigned to Indiana’s non-EGUs under
the NOX Budget Trading Program before
the blast furnace gas-fired units at the
two sources were added to the trading
program. The SIP with the combined
revisions included in this action
therefore will remain in compliance
with Indiana’s statewide NOX budget
under the NOX SIP Call.
E:\FR\FM\21FER1.SGM
21FER1
khammond on DSKJM1Z7X2PROD with RULES
10068
Federal Register / Vol. 85, No. 35 / Friday, February 21, 2020 / Rules and Regulations
With respect to the ongoing NOX SIP
Call requirement for emissions
monitoring, Indiana’s new rule at 326
IAC 10–2 will continue to require that
non-EGUs subject to that rule monitor
and report their ozone season NOX
emissions under part 75, and the state’s
EGUs are subject to equivalent
monitoring requirements under the
state’s CSAPR trading program for ozone
season NOX emissions. The blast
furnace gas-fired units being made
subject to source-by-source emission
rate limits under 326 IAC 10–3 will
become subject to the non-part 75
monitoring requirements under that
rule, which will be slightly modified to
allow the use of historical part 75
emissions data as a basis for setting the
emissions factors used to determine
reported emissions. If, as anticipated,
IDEM submits to EPA a SIP revision that
would make non-part 75 monitoring
approaches available to large non-EGUs
subject to 326 IAC 10–2, the monitoring
requirements for these units under the
NOX SIP Call will be the subject of a
future rulemaking.
EPA is finding that the new rule at
326 IAC 10–2 meets Indiana’s ongoing
obligations under the NOX SIP Call with
respect to existing and new large nonEGUs that the state relied on to achieve
emission reductions to meet its
statewide NOX budget. Specifically, the
revised rules meet the requirement
under 40 CFR 51.121(f)(2) for
enforceable limits on the units’
collective emissions of ozone season
NOX mass emissions and the
requirement under 40 CFR 51.121(i)(1)
for monitoring sufficient to ensure
compliance with those limits. The
state’s EGUs are currently complying
with their analogous NOX SIP Call
requirements through participation in
the state’s CSAPR Update trading
program for ozone season NOX. EPA is
also finding that the change in
regulatory approach chosen by Indiana
for the blast furnace gas-fired units is
permissible under the NOX SIP Call
regulations and is reasonable because it
provides for continued emissions
monitoring by the units and ensures that
the overall stringency of the SIP is
maintained for NOX SIP Call purposes.
Finally, EPA is also approving the
removal from the SIP of Indiana’s NOX
Budget Trading Program rule and the
remaining portions of the state’s CAIR
trading program rule for ozone season
NOX emissions. With respect to the NOX
Budget Trading Program rule, because
EPA already approved sunsetting of this
rule in a previous action, the rule has no
force and its removal from the SIP in
this action will have no substantive
effect. With respect to the remaining
VerDate Sep<11>2014
17:38 Feb 20, 2020
Jkt 250001
CAIR rule, which establishes emission
monitoring requirements for the types of
large non-EGUs formerly subject to the
NOX Budget Trading Program, the rule
will generally be made redundant by the
other rule changes approved in this
action. Specifically, the large non-EGUs
other than blast furnace gas-fired units
will remain subject to equivalent part 75
monitoring requirements under 326 IAC
10–2, and the blast furnace gas-fired
units will become subject to the nonpart 75 monitoring requirements that
EPA originally approved into the SIP for
the units in 2001 as part of the state’s
original SIP submission addressing NOX
SIP Call requirements.
In summary, EPA is finding that
IDEM’s addition of the new rule at 326
IAC 10–2, revision of the existing rule
at 326 IAC 10–3, and repeal of the rules
at 326 IAC 10–4 and 326 IAC 24–3 are
consistent with applicable requirements
under the CAA and the NOX SIP Call,
and EPA is therefore approving these
changes into the Indiana SIP.
C. Section 110(l) Demonstration
IDEM’s submission includes a
demonstration showing that CAA
section 110(l) does not prohibit
approval of this SIP revision; such a
demonstration is sometimes called an
anti-backsliding demonstration. Section
110(l) provides that EPA cannot approve
a SIP revision if the revision would
interfere with attainment and
maintenance of the NAAQS, reasonable
further progress, or any other applicable
requirement of the CAA.
The majority of the rule changes
approved in this action either add new
requirements, remove provisions that
have no impact on emissions or air
quality, or replace existing requirements
under one rule with identical
requirements under another rule. As
such, they will not interfere with any
applicable CAA requirement. First, the
emission limits established by revised
326 IAC 10–3 for blast furnace gas-fired
units and by 326 IAC 10–2 for other
non-EGUs are new requirements that
will remedy a gap in the SIP that was
created when EPA discontinued the
administration of the CAIR trading
program for ozone season NOX
emissions. Second, removal from the
SIP of the state’s NOX Budget Trading
Program rule will have no impact on
emissions or air quality because EPA’s
earlier November 29, 2010 action
approved sunsetting of the rule, and
EPA ceased administering the program
when the CAIR trading program was
implemented. The state’s NOX Budget
Trading Program rule can, therefore, no
longer be implemented. Finally, with
respect to the removal of the remaining
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
CAIR rule for ozone season NOX
emissions, which established
monitoring requirements for non-EGUs
(other than blast furnace gas-fired units)
for NOX SIP Call purposes, the new rule
at 326 IAC 10–2 will reestablish
substantively identical part 75
monitoring requirements for these units.
The only SIP revision that we are
approving in this action that will
remove currently effective rule
provisions without replacing them with
substantively identical provisions
relates to the emissions monitoring
requirements for blast furnace gas-fired
units at the two sources formerly subject
to the NOX Budget Trading Program.
These units are currently subject to part
75 monitoring requirements under 326
IAC 24–3, which the State has requested
be removed from the SIP, and will
become subject to non-part 75
monitoring requirements under the
revised rule at 326 IAC 10–3. EPA
concludes this change in monitoring
requirements will not lead to an
increase in emissions for two reasons.
First, the change will relate only to
monitoring requirements, not to
emission limits; in fact, other rule
changes approved in this action will
make the units subject to additional
enforceable emission limits. Second,
even during the period after 2014 in
which the sources were not subject to
enforceable emission limits under the
NOX Budget Trading Program or the
CAIR trading program, the units’
reported collective emissions in every
year from 2015 through 2019 were well
below the units’ share of the previous
collective emissions budget for the
state’s non-EGUs under 326 IAC 24–3.
Specifically, the units’ collective ozone
season NOX mass emissions have not
exceeded 1,193 tons, compared to their
budget share of 1,526 tons. See
emissions data at https://ampd.epa.gov;
June 26, 2003 SIP submission
(Attachment K), available in the docket
for this rulemaking. These data indicate
that the units’ emissions limits and
monitoring requirements for NOX SIP
Call purposes have not been driving
their historical emissions levels, with
the logical consequence that the change
in their monitoring requirements
approved in this action will not cause
a change in their emissions levels.
For these reasons, we conclude that
the revisions will not interfere with
attainment of the NAAQS, reasonable
further progress, or any other applicable
requirement of the CAA. EPA is
therefore finding that CAA section
110(l) does not prohibit approval of this
SIP revision.
E:\FR\FM\21FER1.SGM
21FER1
Federal Register / Vol. 85, No. 35 / Friday, February 21, 2020 / Rules and Regulations
III. What action is EPA taking?
EPA is approving IDEM’s request to
modify its SIP to include the new rule
at 326 IAC 10–2 and the revised rule at
326 IAC 10–3 and to remove 326 IAC
10–4 and 326 IAC 24–3.
We are publishing this action without
prior proposal because we view this as
a noncontroversial 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 April 21, 2020 without further
notice unless we receive relevant
adverse written comments by March 23,
2020. 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. EPA will
not institute a second comment period.
Any parties interested in commenting
on this action should do so at this time.
Please note that if EPA receives adverse
comment on an amendment, paragraph,
or section of this rule and if that
provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment. If we do not receive any
comments, this action will be effective
April 21, 2020.
khammond on DSKJM1Z7X2PROD with RULES
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
www.regulations.gov 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
State implementation plan, 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
VerDate Sep<11>2014
17:38 Feb 20, 2020
Jkt 250001
be incorporated by reference in the next
update to the SIP compilation.3
Also in this document, as described in
the amendments to 40 CFR part 52 set
forth below, EPA is removing provisions
of the EPA-Approved Indiana
Regulations from the Indiana SIP, which
is incorporated by reference in
accordance with the requirements of 1
CFR part 51.
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:
• 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);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866.
• 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
3 62
PO 00000
FR 27968 (May 22, 1997).
Frm 00035
Fmt 4700
Sfmt 4700
10069
application of those requirements would
be inconsistent with the CAA; 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, 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 April 21, 2020. 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. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
E:\FR\FM\21FER1.SGM
21FER1
10070
Federal Register / Vol. 85, No. 35 / Friday, February 21, 2020 / Rules and Regulations
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.
b. Removing the heading ‘‘Rule 3.
Clean Air Interstate Rule (CAIR) NO X
Ozone Season Trading Program’’ and
the entries for 24–3–1, 24–3–2, 24–3–4,
and 24–3–11.
The revision reads as follows:
■
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
§ 52.770
2. In § 52.770, the table in paragraph
(c) is amended by:
■ a. Revising the section entitled
‘‘Article 10. Nitrogen Oxides Rules’’;
and
■
Dated: January 30, 2020.
Kurt A. Thiede,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED INDIANA REGULATIONS
Indiana citation
Indiana
effective
date
Subject
*
*
*
EPA approval date
*
Comments
*
*
*
*
*
Article 10. Nitrogen Oxides Rules
10–1 ..................
10–2 ..................
10–3 ..................
10–5 ..................
10–6 ..................
Nitrogen Oxides Control in Clark and
Floyd Counties.
NOX Emissions from Large Affected
Units.
Nitrogen Oxide Reduction Program
for Specific Source Categories.
Nitrogen Oxide Reduction Program
for Internal Combustion Engines
(ICE).
Nitrogen Oxides Emission Limitations
for Southern Indiana Gas and Electric Company.
*
*
*
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2019–0391; FRL–10005–
22–Region 4]
Air Plan Approval; MS; Revisions to
the State Implementation Plan
Approved by EPA Through Letter
Environmental Protection
Agency (EPA).
ACTION: Final rule; notification of
administrative change.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action on
administrative changes to the
Mississippi State Implementation Plan
(SIP). The changes consist of
recodification of Mississippi’s
regulations, which EPA previously
approved through Letter Notices. EPA
has determined that this action falls
under the ‘‘good cause’’ exemption in
khammond on DSKJM1Z7X2PROD with RULES
SUMMARY:
17:38 Feb 20, 2020
6/3/1997, 62 FR 30253.
8/26/2018
2/26/2006
2/21/2020, [Insert Federal Register
citation].
2/21/2020, [Insert Federal Register
citation].
10/1/2007, 72 FR 55664.
8/30/2008
11/10/2009, 74 FR 57904.
8/26/2018
*
[FR Doc. 2020–02817 Filed 2–20–20; 8:45 am]
VerDate Sep<11>2014
6/12/1996
Jkt 250001
*
*
the Administrative Procedure Act
(APA). This exemption in the APA
authorizes agencies to dispense with
public participation and to make an
action effective immediately, thereby
avoiding the 30-day delayed effective
date otherwise provided for in the APA.
DATES: This action is effective February
21, 2020.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2019–0391. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information 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 electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air and Radiation Division,
U.S. Environmental Protection Agency,
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. EPA requests that
if at all possible, you contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Tiereny Bell, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, Region 4, U.S.
Environmental Protection Agency, 61
Forsyth Street SW, Atlanta, Georgia
30303–8960. Ms. Bell’s telephone
number is (404) 562–9088. Ms. Bell can
also be reached via electronic mail at
bell.tiereny@epa.gov.
SUPPLEMENTARY INFORMATION:
I. What is being addressed in this
document?
EPA is taking final action on
administrative changes to the
Mississippi SIP. On May 23, 2016 1 and
1 On May 23, 2016, MDEQ submitted a SIP
revision that included the renumbering and
reformatting of Mississippi’s PSD regulations. On
E:\FR\FM\21FER1.SGM
21FER1
]]>Agencies
[Federal Register Volume 85, Number 35 (Friday, February 21, 2020)]
[Rules and Regulations]
[Pages 10064-10070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02817]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2018-0634; FRL-10005-34-Region 5]
Air Plan Approval; Indiana; Revisions to NOX SIP Call and CAIR
Rules
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving under
the Clean Air Act (CAA) a request from the Indiana Department of
Environmental Management (IDEM) to revise the Indiana State
Implementation Plan (SIP) to incorporate the following: A new rule
concerning nitrogen oxide (NOX) emissions for the ozone
season from Electric Generating Units (EGUs) and large non-EGUs;
revisions concerning NOX emission rate limits for specific
source categories; the repeal of the NOX Budget Trading
Program; and the repeal of the Clean Air Interstate Rule (CAIR)
NOX ozone season trading program. This SIP revision will
ensure continued compliance by EGUs and large non-EGUs with the
requirements of the NOX SIP Call.
DATES: This direct final rule is effective April 21, 2020, unless EPA
receives adverse comments by March 23, 2020. 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-2018-0634 at https://www.regulations.gov or via email to
[email protected]. For comments submitted at Regulations.gov, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission
[[Page 10065]]
methods, please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section. For the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Eric Svingen, Environmental Engineer,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 353-4489,
[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 is the background of this SIP submission?
II. What is EPA's analysis of this SIP submission?
III. What action is EPA Taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. What is the background of this SIP submission?
Under the ``good neighbor provision'' of CAA section
110(a)(2)(D)(i)(I), states are required to address interstate transport
of air pollution. Specifically, the good neighbor provision provides
that each state's SIP must contain provisions prohibiting emissions
from within that state which will contribute significantly to
nonattainment of the National Ambient Air Quality Standards (NAAQS), or
interfere with maintenance of the NAAQS, in any other state.
On October 27, 1998, EPA published the NOX SIP Call,
which required eastern states, including Indiana, to submit SIPs that
prohibit excessive emissions of ozone season NOX by
implementing statewide emissions budgets (63 FR 57356). The
NOX SIP Call addressed the good neighbor provision for the
1979 ozone NAAQS and was designed to mitigate the impact of transported
NOX emissions, one of the precursors of ozone. EPA developed
the NOX Budget Trading Program, an allowance trading program
that states could adopt to meet most of their obligations under the
NOX SIP Call. This trading program allowed certain sources
to participate in a regional cap and trade program: EGUs with capacity
greater than 25 megawatts; and large non-EGUs, such as boilers and
combustion turbines, with a rated heat input greater than 250 million
British thermal units (MMBtu) per hour. The NOX SIP Call
also identified potential reductions from Portland cement kilns and
stationary internal combustion engines. To meet the requirements of the
NOX SIP Call, IDEM initially promulgated two rules: 326 IAC
10-3, which established source-by-source emission rate limits and
monitoring requirements for Portland cement kilns and blast furnace
gas-fired boilers, and 326 IAC 10-4, which required EGUs and certain
other non-EGUs in the state to participate in the NOX Budget
Trading Program. On November 8, 2001, EPA published an action approving
into the SIP the original versions of 326 IAC 10-3 and 326 IAC 10-4 in
fulfillment of the ``Phase I'' requirements of the NOX SIP
Call (66 FR 56465). EPA has subsequently approved revised portions of
these rules into the SIP. On December 11, 2003, EPA approved Indiana
rule revisions that changed the regulatory approach selected by the
state for blast furnace gas-fired boilers at two sources, making such
units subject to the NOX Budget Trading Program at 326 IAC
10-4 instead of the source-by-source emission rate limits at 326 IAC
10-3 (68 FR 69025).\1\ On October 1, 2007, EPA approved into the SIP
326 IAC 10-5, which addressed emissions from stationary internal
combustion engines, as well as associated revisions to 326 IAC 10-3 and
326 IAC 10-4, in fulfillment of the ``Phase II'' requirements of the
NOX SIP Call (72 FR 55664).
---------------------------------------------------------------------------
\1\ The units subject to the change were existing and new blast
furnace gas-fired boilers at the ArcelorMittal Indiana Harbor East
(plant code 10474) and US Steel Gary Works (plant code 50733)
facilities. Blast furnace gas-fired boilers at other Indiana sources
remained subject to 326 IAC 10-3 rather than 326 IAC 10-4.
---------------------------------------------------------------------------
On May 12, 2005, EPA published CAIR, which required eastern states,
including Indiana, to submit SIPs that prohibited emissions consistent
with annual and ozone season NOX budgets and annual sulfur
dioxide (SO2) budgets (70 FR 25152). CAIR addressed the good
neighbor provision for the 1997 ozone NAAQS and 1997 fine particulate
matter (PM2.5) NAAQS and was designed to mitigate the impact
of transported NOX emissions, a precursor of both ozone and
PM2.5, as well as transported SO2 emissions,
another precursor of PM2.5. Like the NOX SIP
Call, CAIR also established several trading programs that states could
use as mechanisms to comply with the budgets. When the CAIR trading
program for ozone season NOX was implemented beginning in
2009, EPA discontinued administration of the NOX Budget
Trading Program, but the requirements of the NOX SIP Call
continued to apply. To meet the requirements of CAIR, IDEM promulgated
326 IAC 24-1, 326 IAC 24-2, and 326 IAC 24-3, which required EGUs to
participate in the CAIR annual SO2 and annual and ozone
season NOX trading programs. Participation by EGUs in the
CAIR trading program for ozone season NOX emissions
addressed the state's obligation under the NOX SIP Call for
those units. IDEM also opted to incorporate large non-EGUs previously
regulated under 326 IAC 10-4 into 326 IAC 24-3, to meet the obligations
of the NOX SIP Call with respect to those units through the
CAIR trading program as well. On October 22, 2007, EPA published an
action approving portions of 326 IAC 24-1, 326 IAC 24-2, and 326 IAC
24-3 into the Indiana SIP (72 FR 59480). On November 29, 2010, EPA
published an action approving additional sections of and revisions to
326 IAC 24-1, 326 IAC 24-2, and 326 IAC 24-3 into the Indiana SIP,
fully addressing the requirements of CAIR, along with associated
revisions to 326 IAC 10-3 and 326 IAC 10-4 (75 FR 72956). The approved
revision to 326 IAC 10-4 ``sunsetted'' all requirements for Indiana
EGUs and large non-EGUs under the NOX Budget Trading Program
in coordination with the implementation start date for the CAIR ozone
season NOX trading program.
The United States Court of Appeals for the District of Columbia
Circuit (D.C. Circuit) remanded CAIR to EPA for replacement in 2008.
North Carolina v. EPA, 531 F.3d 896, modified, 550 F.3d 1176 (2008).
While EPA worked on developing a replacement rule, implementation of
the CAIR program continued as planned with the NOX annual
and ozone season programs beginning in 2009 and the SO2
annual program beginning in 2010.
On August 8, 2011, acting on the D.C. Circuit's remand, EPA
published the Cross-State Air Pollution Rule (CSAPR) to replace CAIR
and to address the good neighbor provision for the 1997 ozone NAAQS,
the 1997 PM2.5 NAAQS, and the 2006 PM2.5 NAAQS
(76 FR 48208). Through Federal Implementation Plans (FIPs), CSAPR
required EGUs in eastern states, including Indiana, to meet annual and
ozone season NOX budgets and annual SO2 budgets
implemented through new trading programs. CSAPR also contained
provisions that would sunset CAIR-related obligations on a schedule
coordinated with the implementation of the CSAPR compliance
requirements. After delays caused by litigation, EPA started
implementing the CSAPR trading programs in 2015, simultaneously
discontinuing administration of the CAIR trading programs.
Participation by
[[Page 10066]]
a state's EGUs in the CSAPR trading program for ozone season
NOX generally addressed the state's obligations under the
NOX SIP Call for EGUs. However, CSAPR did not initially
contain provisions allowing states to incorporate large non-EGUs into
that trading program to meet the requirements of the NOX SIP
Call for non-EGUs.
On October 26, 2016, EPA published the CSAPR Update, which
established a new ozone season NOX trading program for EGUs
in eastern states, including Indiana, to address the good neighbor
provision for the 2008 ozone NAAQS (81 FR 74504). As under CSAPR,
participation by a state's EGUs in the new CSAPR trading program for
ozone season NOX generally addressed the state's obligations
under the NOX SIP Call for EGUs. The CSAPR Update also
expanded options available to states for meeting NOX SIP
Call requirements for large non-EGUs by allowing states to incorporate
those units into the new trading program.
After evaluating the various options available following the CSAPR
Update, IDEM chose to meet the ongoing NOX SIP Call
requirements for most existing and new large non-EGUs by adopting a new
rule at 326 IAC 10-2 to make the portion of the state's NOX
SIP Call budget assigned to those non-EGUs enforceable without an
allowance trading mechanism. With respect to the blast furnace gas-
fired units formerly regulated under the NOX Budget Trading
Program (and then the CAIR ozone season NOX program), IDEM
chose instead to revise 326 IAC 10-3 to make the units subject to
source-by-source emission rate limits under that rule. Finally, IDEM
also repealed its CAIR trading program rules at 326 IAC 24-1, 326 IAC
24-2, and 326 IAC 24-3 and its already-sunsetted NOX Budget
Trading Program rule at 326 IAC 10-4. In its August 27, 2018
submission, IDEM requested that EPA approve these changes into the
Indiana SIP.
On December 17, 2018, EPA approved a separate November 27, 2017
submission from IDEM, which modified the Indiana SIP to incorporate
rules requiring EGUs to participate in the CSAPR trading programs
pursuant to the SIP instead of the CSAPR FIPs (83 FR 64472). As part of
this action, EPA approved the removal of 326 IAC 24-1, 326 IAC 24-2,
and portions of 326 IAC 24-3 from the Indiana SIP. Following the
December 17, 2018 SIP action, 326 IAC 24-3-1, 326 IAC 24-3-2, 326 IAC
24-3-4, and 326 IAC 24-3-11 are the only portions of Indiana's original
CAIR rules at 326 IAC 24-1, 326 IAC 24-2, and 326 IAC 24-3 that remain
in the Indiana SIP. These provisions were left in place by the December
17, 2018 SIP action because they collectively establish ozone season
NOX monitoring requirements for affected non-EGUs, and at
the time of that action no other SIP-approved rules addressed
monitoring requirements for these units for NOX SIP Call
purposes.
On March 8, 2019, EPA finalized updates to the NOX SIP
Call regulations to allow states to meet the NOX SIP Call's
monitoring requirements using approaches other than the monitoring
requirements under 40 CFR part 75 (84 FR 8422). Indiana's August 27,
2018 submission predates EPA's updates to the NOX SIP Call's
monitoring requirements and therefore does not include changes that
allow non-EGUs subject to the new rule at 326 IAC 10-2 to meet the
NOX SIP Call's monitoring requirements using approaches
other than part 75 monitoring. EPA is assisting IDEM with preparing a
submission that would make other monitoring approaches available to
these units and will address any such submission in a future
rulemaking.
II. What is EPA's analysis of this SIP submission?
Indiana's August 27, 2018 submission requests that EPA update
Indiana's SIP to reflect the addition of a new rule at 326 IAC 10-2,
the revision of the existing rule at 326 IAC 10-3, and the repeal of
the rules at 326 IAC 10-4, 326 IAC 24-1, 326 IAC 24-2, and 326 IAC 24-
3. (As noted in section I, EPA has already approved the removal of 326
IAC 24-1, 326 IAC 24-2, and portions of 326 IAC 24-3 from the SIP in
response to a different SIP submission.) Additionally, Indiana's
submission includes a demonstration under section 110(l) of the CAA
showing that this SIP revision does not interfere with any applicable
CAA requirement.
A. New, Revised, and Repealed State Rules
Given EPA's replacement of CAIR with CSAPR and EPA's previous
discontinuation of administration of the NOX Budget Trading
Program, Indiana has developed rule changes to address the
NOX SIP Call's ongoing requirements with respect to existing
and new large non-EGUs in a manner that does not rely on the
administration of a trading program. Specifically, to address all of
the affected non-EGUs formerly covered by the trading programs except
the blast furnace gas-fired units, the state adopted a new rule at 326
IAC 10-2 that establishes monitoring requirements and a cap on the
units' collective ozone season NOX mass emissions. To
address the blast furnace gas-fired units, the state revised the
existing rule at 326 IAC 10-3 to make the units subject to source-by-
source emission rate limits and monitoring requirements under that
rule. Indiana also repealed its remaining CAIR rules at 326 IAC 24-3-1,
326 IAC 24-3-2, 326 IAC 24-3-4, and 326 IAC 24-3-11 and its already-
sunsetted NOX Budget Trading Program rule at 326 IAC 10-4.
These rule changes have a state-effective date of August 26, 2018.
Indiana's August 27, 2018, submission includes a request that EPA
approve these rule changes into its SIP.
The new rule at 326 IAC 10-2 that Indiana has adopted to address
the NOX SIP Call's ongoing requirements with respect to most
of the state's affected large non-EGUs is structured into nine
sections: 326 IAC 10-2-1 concerning applicability, 326 IAC 10-2-2
concerning definitions, 326 IAC 10-2-3 concerning monitoring
requirements, 326 IAC 10-2-4 concerning compliance dates for
monitoring, 326 IAC 10-2-5 concerning certification and recertification
of monitoring systems, 326 IAC 10-2-6 concerning data substitution for
periods of missing data, 326 IAC 10-2-7 concerning petitions for
approval of monitoring alternatives, 326 IAC 10-2-8 concerning
recordkeeping and reporting, and 326 IAC 10-2-9 concerning the ozone
season NOX budget. Under the applicability provisions, the
rule applies to all non-EGUs that would have been subject to the
state's NOX Budget Trading Program rule at 326 IAC 10-4
except the blast furnace gas-fired units that will become subject to
326 IAC 10-3 as revised. The remaining provisions of the rule prohibit
the affected non-EGUs' collective emissions from exceeding 8,008 tons,
which is the portion of Indiana's statewide budget under the
NOX SIP Call that was assigned to these types of units under
the NOX Budget Trading Program, and require monitoring of
ozone season NOX mass emissions in accordance with 40 CFR
part 75. The rule also incorporates the provisions of 40 CFR part 72,
subpart B, concerning designated representatives. In its SIP submittal,
Indiana has committed to annually review the non-EGUs' compliance with
the collective cap and, in the event of any cap exceedance, to revise
its SIP within one year to compensate for the exceedance and prevent
additional exceedances.
The revisions to the existing rule at 326 IAC 10-3 concerning
NOX emission rate limits for specific source categories
revise the rule's applicability provisions to cover the blast furnace
gas-fired units that formerly would have been covered
[[Page 10067]]
by the NOX Budget Trading Program.\2\ In addition, the
provisions concerning the establishment of appropriate emissions
factors for use by such units in determining reported emissions under
this rule are modified to allow historical emissions data reported
under 40 CFR part 75 to be used for this purpose, and a provision is
added requiring the newly covered units to submit their plans for
complying with the rule within 60 days of becoming affected under the
rule. The revisions will make these units subject to essentially the
same emission rate limits and monitoring requirements that the units
would have been subject to under the state rules originally adopted by
Indiana to address the NOX SIP Call and approved into the
SIP by EPA in 2001. Other revisions to the rule include removing
references to the repealed NOX Budget Trading Program and
CAIR rules, inserting references to the new rule at 326 IAC 10-2,
updating the names of two sources referenced specifically by the rule,
clarifying and strengthening applicability during certain operating
periods, and making minor improvements to formatting and grammar.
---------------------------------------------------------------------------
\2\ The existing blast furnace gas-fired boilers that will be
affected by this change are ArcelorMittal Indiana Harbor East (plant
code 10474) units 501, 502, 503, and 504 and US Steel Gary Works
(plant code 50733) units 701B1, 701B2, 701B3, 701B5, 701B6, 720B1,
720B2, and 720B3. According to IDEM, the other formerly affected
blast furnace gas-fired boilers at the Indiana Harbor East facility
have been retired.
---------------------------------------------------------------------------
The rules that Indiana requested be removed from the SIP in the
August 27, 2018 SIP submission are the state's NOX Budget
Trading Program rule at 326 IAC 10-4 and the state's CAIR trading
program rules at 326 IAC 24-1, 326 IAC 24-2, and 326 IAC 24-3,
concerning annual NOX, SO2, and ozone season
NOX emissions, respectively. Because EPA's December 17, 2018
SIP action already approved the removal from the SIP of 326 IAC 24-1,
326 IAC 24-2, and portions of 326 IAC 24-3, this action will remove
only 326 IAC 10-4 and the remaining SIP-approved portions of 326 IAC
24-3, which were left in place by the December 17, 2018 SIP action to
address ozone season NOX monitoring requirements for
affected non-EGUs for NOX SIP Call purposes in the absence
of other SIP-approved rules establishing such monitoring requirements.
B. EPA's Evaluation of the SIP Submission
Under the ongoing requirements of the NOX SIP Call, the
Indiana SIP must, among other things: (1) Include enforceable control
measures for ozone season NOX mass emissions from existing
and new large EGUs and large non-EGUs that the state relied on to
achieve emission reductions to meet its statewide NOX budget
and (2) require those sources to monitor and report their ozone season
NOX emissions, which may be in accordance with part 75. See
40 CFR 51.121(f)(2) and (i). For the reasons discussed below, EPA is
finding that Indiana's new rule at 326 IAC 10-2, in combination with
the continued participation of the state's EGUs in the CSAPR ozone
season NOX trading program, is sufficient to address the
state's ongoing NOX SIP Call obligations with respect to
these EGUs and large non-EGUs, while the revisions to 326 IAC 10-3
establish reasonable requirements for the blast furnace gas-fired units
formerly subject to the NOX Budget Trading Program.
Accordingly, EPA is approving these changes into the SIP.
With respect to the NOX SIP Call requirement that the
state have enforceable control measures to limit ozone season
NOX mass emissions, Indiana's EGUs are currently subject to
a state CSAPR Update trading program for ozone season NOX
emissions that addresses these requirements for existing and new EGUs,
but because Indiana's non-EGUs are not subject to that CSAPR trading
program, the state must meet this requirement for existing and new non-
EGUs through other SIP provisions. Indiana's new rule at 326 IAC 10-2
will prohibit ozone season NOX mass emissions from existing
and new large non-EGUs other than blast furnace gas-fired units from
exceeding 8,008 tons, the portion of the state's NOX SIP
Call budget assigned to such large non-EGUs. Under 326 IAC 10-2,
Indiana will conduct an annual review to ensure that the most recent
ozone season emissions from large non-EGUs remain below the statewide
budget, and in the SIP submission IDEM has committed to take action
within one year as needed to address any exceedances. The new cap will
replace the former enforcement mechanism of the NOX Budget
Trading Program and the CAIR ozone season NOX trading
program under which these sources were required to hold allowances
equal to their emissions. The allowance holding requirements under the
trading programs have been unenforceable since EPA stopped
administering the trading programs in 2009 and 2015, respectively. The
addition of 326 IAC 10-2 thus will remedy an existing gap in the SIP by
reestablishing enforceable limits on ozone season NOX mass
emissions from these units.
Indiana has chosen a different regulatory approach for blast
furnace gas-fired units that formerly would have been covered by the
NOX Budget Trading Program. Unlike the state's other large
non-EGUs, the blast furnace gas-fired units have never been relied upon
by Indiana to achieve emissions reductions to meet the statewide
NOX budget under the NOX SIP Call. In the state's
original rules approved into the SIP in 2001, under which all blast
furnace gas-fired units were subject to source-by-source emission rate
limits under 326 IAC 10-3, as well as in the rule revisions approved
into the SIP in 2003, under which the blast furnace gas-fired units at
two sources were instead made subject to the NOX Budget
Trading Program under 326 IAC 10-4, Indiana consistently projected no
emission reductions from its blast furnace gas-fired units for purposes
of meeting the state's overall NOX budget. See 66 FR at
56469 (Table 4) and 56473; June 26, 2003 SIP submission (Attachment K),
available in the docket for this rulemaking. Consequently, there is no
ongoing NOX SIP Call requirement under 40 CFR 51.121(f)(2)
for the Indiana SIP to include enforceable limits on ozone season
NOX mass emissions from these units, and to meet its other
NOX SIP Call requirements, Indiana has now chosen to return
to the regulatory approach in its original SIP submission (as approved
into the SIP in 2001) by making all the state's blast furnace gas-fired
units subject to source-by-source emission rate limits under 326 IAC
10-3. Importantly, this change of requirements will be implemented in a
manner designed to maintain the overall stringency of the SIP for
NOX SIP Call purposes. First, with respect to the blast
furnace gas-fired units, the source-by-source emission rate limit of
0.17 lb/MMBtu that will apply to the units under 326 IAC 10-3 is the
same limit that was used to project the units' uncontrolled emissions
for purposes of both of the state's previous SIP submissions concerning
the NOX SIP Call-related requirements for these units.
Second, with respect to the remaining non-EGUs that will be subject to
the new collective mass emissions cap under 326 IAC 10-2, Indiana has
set the cap at 8,008 tons, which is the portion of the statewide
NOX budget assigned to Indiana's non-EGUs under the
NOX Budget Trading Program before the blast furnace gas-
fired units at the two sources were added to the trading program. The
SIP with the combined revisions included in this action therefore will
remain in compliance with Indiana's statewide NOX budget
under the NOX SIP Call.
[[Page 10068]]
With respect to the ongoing NOX SIP Call requirement for
emissions monitoring, Indiana's new rule at 326 IAC 10-2 will continue
to require that non-EGUs subject to that rule monitor and report their
ozone season NOX emissions under part 75, and the state's
EGUs are subject to equivalent monitoring requirements under the
state's CSAPR trading program for ozone season NOX
emissions. The blast furnace gas-fired units being made subject to
source-by-source emission rate limits under 326 IAC 10-3 will become
subject to the non-part 75 monitoring requirements under that rule,
which will be slightly modified to allow the use of historical part 75
emissions data as a basis for setting the emissions factors used to
determine reported emissions. If, as anticipated, IDEM submits to EPA a
SIP revision that would make non-part 75 monitoring approaches
available to large non-EGUs subject to 326 IAC 10-2, the monitoring
requirements for these units under the NOX SIP Call will be
the subject of a future rulemaking.
EPA is finding that the new rule at 326 IAC 10-2 meets Indiana's
ongoing obligations under the NOX SIP Call with respect to
existing and new large non-EGUs that the state relied on to achieve
emission reductions to meet its statewide NOX budget.
Specifically, the revised rules meet the requirement under 40 CFR
51.121(f)(2) for enforceable limits on the units' collective emissions
of ozone season NOX mass emissions and the requirement under
40 CFR 51.121(i)(1) for monitoring sufficient to ensure compliance with
those limits. The state's EGUs are currently complying with their
analogous NOX SIP Call requirements through participation in
the state's CSAPR Update trading program for ozone season
NOX. EPA is also finding that the change in regulatory
approach chosen by Indiana for the blast furnace gas-fired units is
permissible under the NOX SIP Call regulations and is
reasonable because it provides for continued emissions monitoring by
the units and ensures that the overall stringency of the SIP is
maintained for NOX SIP Call purposes.
Finally, EPA is also approving the removal from the SIP of
Indiana's NOX Budget Trading Program rule and the remaining
portions of the state's CAIR trading program rule for ozone season
NOX emissions. With respect to the NOX Budget
Trading Program rule, because EPA already approved sunsetting of this
rule in a previous action, the rule has no force and its removal from
the SIP in this action will have no substantive effect. With respect to
the remaining CAIR rule, which establishes emission monitoring
requirements for the types of large non-EGUs formerly subject to the
NOX Budget Trading Program, the rule will generally be made
redundant by the other rule changes approved in this action.
Specifically, the large non-EGUs other than blast furnace gas-fired
units will remain subject to equivalent part 75 monitoring requirements
under 326 IAC 10-2, and the blast furnace gas-fired units will become
subject to the non-part 75 monitoring requirements that EPA originally
approved into the SIP for the units in 2001 as part of the state's
original SIP submission addressing NOX SIP Call
requirements.
In summary, EPA is finding that IDEM's addition of the new rule at
326 IAC 10-2, revision of the existing rule at 326 IAC 10-3, and repeal
of the rules at 326 IAC 10-4 and 326 IAC 24-3 are consistent with
applicable requirements under the CAA and the NOX SIP Call,
and EPA is therefore approving these changes into the Indiana SIP.
C. Section 110(l) Demonstration
IDEM's submission includes a demonstration showing that CAA section
110(l) does not prohibit approval of this SIP revision; such a
demonstration is sometimes called an anti-backsliding demonstration.
Section 110(l) provides that EPA cannot approve a SIP revision if the
revision would interfere with attainment and maintenance of the NAAQS,
reasonable further progress, or any other applicable requirement of the
CAA.
The majority of the rule changes approved in this action either add
new requirements, remove provisions that have no impact on emissions or
air quality, or replace existing requirements under one rule with
identical requirements under another rule. As such, they will not
interfere with any applicable CAA requirement. First, the emission
limits established by revised 326 IAC 10-3 for blast furnace gas-fired
units and by 326 IAC 10-2 for other non-EGUs are new requirements that
will remedy a gap in the SIP that was created when EPA discontinued the
administration of the CAIR trading program for ozone season
NOX emissions. Second, removal from the SIP of the state's
NOX Budget Trading Program rule will have no impact on
emissions or air quality because EPA's earlier November 29, 2010 action
approved sunsetting of the rule, and EPA ceased administering the
program when the CAIR trading program was implemented. The state's
NOX Budget Trading Program rule can, therefore, no longer be
implemented. Finally, with respect to the removal of the remaining CAIR
rule for ozone season NOX emissions, which established
monitoring requirements for non-EGUs (other than blast furnace gas-
fired units) for NOX SIP Call purposes, the new rule at 326
IAC 10-2 will reestablish substantively identical part 75 monitoring
requirements for these units.
The only SIP revision that we are approving in this action that
will remove currently effective rule provisions without replacing them
with substantively identical provisions relates to the emissions
monitoring requirements for blast furnace gas-fired units at the two
sources formerly subject to the NOX Budget Trading Program.
These units are currently subject to part 75 monitoring requirements
under 326 IAC 24-3, which the State has requested be removed from the
SIP, and will become subject to non-part 75 monitoring requirements
under the revised rule at 326 IAC 10-3. EPA concludes this change in
monitoring requirements will not lead to an increase in emissions for
two reasons. First, the change will relate only to monitoring
requirements, not to emission limits; in fact, other rule changes
approved in this action will make the units subject to additional
enforceable emission limits. Second, even during the period after 2014
in which the sources were not subject to enforceable emission limits
under the NOX Budget Trading Program or the CAIR trading
program, the units' reported collective emissions in every year from
2015 through 2019 were well below the units' share of the previous
collective emissions budget for the state's non-EGUs under 326 IAC 24-
3. Specifically, the units' collective ozone season NOX mass
emissions have not exceeded 1,193 tons, compared to their budget share
of 1,526 tons. See emissions data at https://ampd.epa.gov; June 26,
2003 SIP submission (Attachment K), available in the docket for this
rulemaking. These data indicate that the units' emissions limits and
monitoring requirements for NOX SIP Call purposes have not
been driving their historical emissions levels, with the logical
consequence that the change in their monitoring requirements approved
in this action will not cause a change in their emissions levels.
For these reasons, we conclude that the revisions will not
interfere with attainment of the NAAQS, reasonable further progress, or
any other applicable requirement of the CAA. EPA is therefore finding
that CAA section 110(l) does not prohibit approval of this SIP
revision.
[[Page 10069]]
III. What action is EPA taking?
EPA is approving IDEM's request to modify its SIP to include the
new rule at 326 IAC 10-2 and the revised rule at 326 IAC 10-3 and to
remove 326 IAC 10-4 and 326 IAC 24-3.
We are publishing this action without prior proposal because we
view this as a noncontroversial 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 April 21, 2020
without further notice unless we receive relevant adverse written
comments by March 23, 2020. 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. EPA will not institute a second comment
period. Any parties interested in commenting on this action should do
so at this time. Please note that if EPA receives adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, EPA may adopt as final those
provisions of the rule that are not the subject of an adverse comment.
If we do not receive any comments, this action will be effective April
21, 2020.
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 www.regulations.gov 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 State implementation plan, 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.\3\
---------------------------------------------------------------------------
\3\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
Also in this document, as described in the amendments to 40 CFR
part 52 set forth below, EPA is removing provisions of the EPA-Approved
Indiana Regulations from the Indiana SIP, which is incorporated by
reference in accordance with the requirements of 1 CFR part 51.
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:
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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
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 CAA; 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, 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 April 21, 2020. 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
[[Page 10070]]
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.
Dated: January 30, 2020.
Kurt A. Thiede,
Regional Administrator, Region 5.
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:
0
a. Revising the section entitled ``Article 10. Nitrogen Oxides Rules'';
and
0
b. Removing the heading ``Rule 3. Clean Air Interstate Rule (CAIR) NO X
Ozone Season Trading Program'' and the entries for 24-3-1, 24-3-2, 24-
3-4, and 24-3-11.
The revision reads as follows:
Sec. 52.770 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Indiana Regulations
----------------------------------------------------------------------------------------------------------------
Indiana
Indiana citation Subject effective EPA approval date Comments
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Article 10. Nitrogen Oxides Rules
----------------------------------------------------------------------------------------------------------------
10-1....................... Nitrogen Oxides 6/12/1996 6/3/1997, 62 FR 30253.
Control in Clark and
Floyd Counties.
10-2....................... NOX Emissions from 8/26/2018 2/21/2020, [Insert
Large Affected Units. Federal Register
citation].
10-3....................... Nitrogen Oxide 8/26/2018 2/21/2020, [Insert
Reduction Program for Federal Register
Specific Source citation].
Categories.
10-5....................... Nitrogen Oxide 2/26/2006 10/1/2007, 72 FR 55664
Reduction Program for
Internal Combustion
Engines (ICE).
10-6....................... Nitrogen Oxides 8/30/2008 11/10/2009, 74 FR
Emission Limitations 57904.
for Southern Indiana
Gas and Electric
Company.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2020-02817 Filed 2-20-20; 8:45 am]
BILLING CODE 6560-50-P
