Air Plan Approval; Indiana; Monitoring Requirements, 15838-15840 [2021-06166]
Download as PDF
15838
Federal Register / Vol. 86, No. 56 / Thursday, March 25, 2021 / Proposed Rules
documents. On March 30, 2018 (83 FR
30571), EPA approved the consolidation
of adopted by reference materials in Part
9, R 336.1902 into the Michigan SIP.
II. EPA’s Analysis of EGLE’s Submittal
In the December 18, 2020 submission,
EGLE revised R 336.1902 to include
additional reference materials to
maintain consistency between rules
contained in the SIP and Michigan’s Air
Pollution Control Rules. The changes to
Part 9 are administrative, revising R
336.1902 to include more adoption by
reference material aforementioned by
adding the following subrules to R
336.1902: (1)(b)(ii), (1)(b)(vi), (1)(o),
(1)(o)(vi), (1)(r) to (u), (2)(d), (3)(b), (4)(g)
to (k), (6)(a) to (d), and (10) (See tables
1–14 of EGLE’s submission for details).
Also, the changes to R 336.1902 reflect
the most up-to-date version of the
materials adopted by reference currently
approved in Michigan’s SIP.
Section 110(l) Analysis of the State’s
Submittal
EPA is proposing to approve the
revision to Part 9, as discussed above
because it meets all applicable
requirements under the Clean Air Act
(CAA). Furthermore, EGLE has shown
that the revision to Part 9 does not
interfere with any applicable
requirement concerning attainment and
reasonable further progress or any other
applicable CAA requirement, consistent
with section 110(l) of the CAA.
Under Section 110(l) of the CAA, EPA
shall not approve a SIP revision if it
would interfere with any applicable
requirement concerning attainment and
reasonable further progress (as defined
in section 171 of the CAA) or any other
applicable requirement of the CAA. The
proposed SIP revision will not interfere
with any applicable CAA requirements
based on the technical analysis
submitted by EGLE. In Part 9, R
336.1902 contains materials that are
adopted by reference and are strictly
administrative in nature. Thus, the
revision will have no effect on actual or
allowable emissions.
III. What action is EPA taking?
EPA is proposing to approve the
revision to Part 9 into Michigan’s SIP,
as submitted on December 18, 2020.
IV. Incorporation by Reference
In this rule, EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, EPA is
proposing to incorporate by reference
Michigan’s Air Pollution Control Rules,
Chapter 336, Part 9, R 336.1902
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17:19 Mar 24, 2021
Jkt 253001
‘‘Adoption by reference’’, effective on
November 18, 2018. 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).
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);
• 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
PO 00000
Frm 00039
Fmt 4702
Sfmt 4702
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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
Volatile organic compounds.
Dated: March 22, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.
[FR Doc. 2021–06165 Filed 3–24–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2020–0386; FRL–10021–
70–Region 5]
Air Plan Approval; Indiana; Monitoring
Requirements
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
revision to Indiana’s State
Implementation Plan (SIP) to address
changes to its air emissions monitoring
rules for Portland cement plants.
Indiana revised its rules for Portland
cement plants to update the monitoring
of particulate matter (PM) emissions to
allow the use an additional monitoring
method. This additional monitoring
option is consistent with EPA’s recent
revisions to Federal requirements for
Portland cement plants.
DATES: Comments must be received on
or before April 26, 2021.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2020–0386 at https://
www.regulations.gov, or via email to
blakley.pamela@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.
SUMMARY:
E:\FR\FM\25MRP1.SGM
25MRP1
Federal Register / Vol. 86, No. 56 / Thursday, March 25, 2021 / Proposed Rules
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
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: Matt
Rau, Environmental Engineer, Control
Strategies Section, Air Programs Branch
(AR–18J), Environmental Protection
Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,
(312) 886–6524, rau.matthew@epa.gov.
The EPA Region 5 office is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays and
facility closures due to COVID–19.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
I. Background
On July 24, 2020, the Indiana
Department of Environmental
Management (IDEM) submitted a
request to approve a revision to the
Indiana SIP to address changes to the
monitoring requirements at 326 IAC 3–
5–1 for Portland cement plants. This
revision will allow a single monitoring
method to demonstrate compliance with
various provisions of the SIP. IDEM
revised its rule to be consistent with
EPA’s revision to the National Emission
Standards for Hazardous Air Pollutants
(NESHAP) governing Portland cement
plants.
EPA previously revised 40 part 63,
subpart LLL, the NESHAP for the
Portland Cement Manufacturing
Industry, on September 9, 2010 (75 FR
54969). This revision removed opacity
limits for most Portland cement plant
units, including for Portland cement
plants’ kilns and clinker cooler units
because it found PM emissions data to
be a more accurate measure to monitor
compliance with PM emission limits.
Under the revised NESHAP, those units
VerDate Sep<11>2014
17:19 Mar 24, 2021
Jkt 253001
15839
were required to monitor emissions
with a PM continuous emissions
monitoring system (CEMS) instead of a
continuous opacity monitoring system
(COMS).
On February 12, 2013, EPA again
revised the NESHAP, 40 part 63, subpart
LLL (78 FR 10006). The revision
updated the PM monitoring
requirements for Portland cement plants
to replace the compliance basis for PM
from monitoring with a CEMS to require
a PM continuous parametric monitoring
system (CPMS). EPA found technical
issues with monitoring PM emissions at
Portland cement plants with CEMS
because of the size and variability of PM
generated by a cement kiln. A PM CPMS
system responds to changes in PM
concentration of the exhaust allowing
Portland cement plants to better
determine compliance. The NESHAP
provides the requirements for
establishing the parametric operating
limits for subject units and requires
sources to conduct an annual test that
resets the PM CPMS operating limit and
sets the standards for continuous
monitoring.
Indiana has revised 326 IAC 3–5–1 to
allow Portland cement plants to
monitor, with a PM CPMS, its kiln or
clinker cooler units as an alternate to
COMS. Indiana’s 326 IAC 3–5–1, as
currently approved into the Indiana SIP
for PM, requires monitoring with COMS
or PM CEMS, while the 2013 NESHAP
requires monitoring with PM CPMS.
This revision allows Portland cement
plants to meet the monitoring
requirements for kiln and clinker cooler
units with one monitoring system, PM
CPMS. Otherwise, Portland cement
plants would have to operate two
monitoring systems to satisfy the
differing SIP and NESHAP
requirements.
III. What is EPA’s analysis of the
revisions?
II. How has the rule been revised?
EPA is proposing to approve revisions
to 326 IAC 3–5–1, continuous
monitoring requirements, into the
Indiana SIP.
Indiana revised 326 IAC 3–5–1 (c) to
add 326 IAC 3–5–1 (c)(2) that allows
Portland cement plants to monitor with
a PM CPMS. That rule sets the
requirements for the PM CPMS. Those
include satisfying the requirements in
40 part 63, subpart LLL. Thus, Portland
cement plants in Indiana will have the
option of monitoring with COMS, PM
CEMS, or PM CPMS in the revised 326
IAC 3–5–1.
Indiana retained 326 IAC 3–5–1 (c)(1)
where the requirements for sources, not
limited to Portland cement plants, that
monitor with a PM CEMS are found.
The remaining revisions to 326 IAC 3–
5–1 are administrative revisions such as
changing ‘‘shall’’ to ‘‘must.’’
PO 00000
Frm 00040
Fmt 4702
Sfmt 4702
Indiana provided a Clean Air Act
(CAA) 110(l) analysis as a supplement
to it submission. CAA Section 110(l)
prohibits EPA from approving a SIP
revision if that revision would interfere
with any applicable requirement
concerning attainment, reasonable
further progress, or any other CAA
requirement. Indiana concluded that the
326 IAC 3–5–1 revision will not result
in an increase in emissions or interfere
with Indiana’s obligations under the
CAA. The State concluded that since
Portland cement plants are subject to
limits under 40 CFR 63, subpart LLL
that are at least as stringent as the State
rule. Indiana states that the strict PM
emission limits and continuous
monitoring requirements have rendered
the COMS requirements of 326 IAC 3–
5 obsolete for Portland cement plants.
EPA concurs with Indiana’s CAA
110(l) analysis that the revision does not
interfere with any applicable
requirement concerning attainment or
any other applicable requirement of the
CAA because it is simply revising the
monitoring requirements. EPA, in 40
CFR 63, subpart LLL, Portland cement
plants must use PM CPMS to show
compliance with the Federal standard.
Indiana’s rule required such units to
monitor with COMS or request
Department permission to alternatively
operate a PM CEMS. The revised 326
IAC 3–5–1 adds the option for Portland
cement plants to alternatively operate a
PM CPMS in accordance with 40 CFR
part 63, subpart LLL requirements.
EPA finds that the revised 326 IAC 3–
5–1 is consistent with the requirements
of 40 part 63, subpart LLL. Indiana’s
revisions follow the revisions EPA made
to the NESHAP.
IV. What action is EPA taking?
V. Incorporation by Reference
In this action, EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, EPA is
proposing to incorporate by reference
Title 326 of the Indiana Administrative
Code Article 3, Rule 5, Section 1
Applicability; continuous monitoring
requirements for applicable pollutants,
effective April 24, 2020. EPA has made,
and will continue to make, these
documents generally available through
www.regulations.gov and at the EPA
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15840
Federal Register / Vol. 86, No. 56 / Thursday, March 25, 2021 / Proposed Rules
Region 5 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
VI. 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);
• 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
VerDate Sep<11>2014
17:19 Mar 24, 2021
Jkt 253001
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).
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: March 22, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.
[FR Doc. 2021–06166 Filed 3–24–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2020–0185; FRL–10021–
61–Region 4]
Air Plan Approval; Florida;
Maintenance Plan Update for the
Hillsborough County Lead Area
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
State Implementation Plan (SIP)
revision submitted by the State of
Florida, through the Florida Department
of Environmental Protection (FDEP), on
January 23, 2020. The SIP revision seeks
to update the attainment emissions
inventory and the maintenance
demonstration, including the projected
future emissions inventories, in the
maintenance plan for the Hillsborough
County lead maintenance area
(hereinafter referred to as the
‘‘Hillsborough Area’’ or ‘‘Area’’) for the
2008 lead national ambient air quality
standards (NAAQS). The SIP revision
also seeks to incorporate recent changes
to the air construction permit for the
EnviroFocus Technologies, LLC
(EnviroFocus) facility in the Area that
are related to an increase in the refined
lead production limit. EPA proposes to
find that this SIP revision meets all
relevant Clean Air Act (CAA or Act)
statutory and regulatory requirements, is
consistent with EPA’s guidance, and is
in accordance with EPA’s September 11,
2018, redesignation of the Hillsborough
Area from nonattainment to
maintenance.
SUMMARY:
PO 00000
Frm 00041
Fmt 4702
Sfmt 4702
Comments must be received on
or before April 26, 2021.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–RO4–
OAR–2020–0185 at
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
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 methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
www2.epa.gov/dockets/commentingepa-dockets.
FOR FURTHER INFORMATION CONTACT:
Andres Febres, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
The telephone number is (404) 562–
8966. Mr. Febres can also be reached via
electronic mail at febresmartinez.andres@epa.gov.
SUPPLEMENTARY INFORMATION:
DATES:
I. Background
On November 12, 2008 (73 FR 66964),
EPA promulgated a revised primary and
secondary lead NAAQS of 0.15
micrograms per cubic meter (mg/m3).
Under EPA’s regulations at 40 CFR part
50, the 2008 lead NAAQS are met when
the maximum arithmetic 3-month mean
concentration for a 3-year period, as
determined in accordance with
Appendix R of 40 CFR part 50, is less
than or equal to 0.15 mg/m3. See 40 CFR
50.16. Ambient air quality monitoring
data for the 3-year period must meet a
data completeness requirement.
EPA designated the Hillsborough
Area 1 as a nonattainment area for the
1 The Hillsborough Area is comprised of a portion
of Hillsborough County in Florida bounded by a 1.5
km radius centered at Universal Transverse
Mercator coordinates 364104 meters East, 30093830
meters North, Zone 17, which surrounds
Envirofocus.
E:\FR\FM\25MRP1.SGM
25MRP1
Agencies
[Federal Register Volume 86, Number 56 (Thursday, March 25, 2021)]
[Proposed Rules]
[Pages 15838-15840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06166]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2020-0386; FRL-10021-70-Region 5]
Air Plan Approval; Indiana; Monitoring Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revision to Indiana's State Implementation Plan (SIP) to
address changes to its air emissions monitoring rules for Portland
cement plants. Indiana revised its rules for Portland cement plants to
update the monitoring of particulate matter (PM) emissions to allow the
use an additional monitoring method. This additional monitoring option
is consistent with EPA's recent revisions to Federal requirements for
Portland cement plants.
DATES: Comments must be received on or before April 26, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2020-0386 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.
[[Page 15839]]
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 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: Matt Rau, Environmental Engineer,
Control Strategies Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 886-6524, [email protected]. The EPA Region 5
office is open from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding Federal holidays and facility closures due to COVID-19.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background
On July 24, 2020, the Indiana Department of Environmental
Management (IDEM) submitted a request to approve a revision to the
Indiana SIP to address changes to the monitoring requirements at 326
IAC 3-5-1 for Portland cement plants. This revision will allow a single
monitoring method to demonstrate compliance with various provisions of
the SIP. IDEM revised its rule to be consistent with EPA's revision to
the National Emission Standards for Hazardous Air Pollutants (NESHAP)
governing Portland cement plants.
EPA previously revised 40 part 63, subpart LLL, the NESHAP for the
Portland Cement Manufacturing Industry, on September 9, 2010 (75 FR
54969). This revision removed opacity limits for most Portland cement
plant units, including for Portland cement plants' kilns and clinker
cooler units because it found PM emissions data to be a more accurate
measure to monitor compliance with PM emission limits. Under the
revised NESHAP, those units were required to monitor emissions with a
PM continuous emissions monitoring system (CEMS) instead of a
continuous opacity monitoring system (COMS).
On February 12, 2013, EPA again revised the NESHAP, 40 part 63,
subpart LLL (78 FR 10006). The revision updated the PM monitoring
requirements for Portland cement plants to replace the compliance basis
for PM from monitoring with a CEMS to require a PM continuous
parametric monitoring system (CPMS). EPA found technical issues with
monitoring PM emissions at Portland cement plants with CEMS because of
the size and variability of PM generated by a cement kiln. A PM CPMS
system responds to changes in PM concentration of the exhaust allowing
Portland cement plants to better determine compliance. The NESHAP
provides the requirements for establishing the parametric operating
limits for subject units and requires sources to conduct an annual test
that resets the PM CPMS operating limit and sets the standards for
continuous monitoring.
Indiana has revised 326 IAC 3-5-1 to allow Portland cement plants
to monitor, with a PM CPMS, its kiln or clinker cooler units as an
alternate to COMS. Indiana's 326 IAC 3-5-1, as currently approved into
the Indiana SIP for PM, requires monitoring with COMS or PM CEMS, while
the 2013 NESHAP requires monitoring with PM CPMS. This revision allows
Portland cement plants to meet the monitoring requirements for kiln and
clinker cooler units with one monitoring system, PM CPMS. Otherwise,
Portland cement plants would have to operate two monitoring systems to
satisfy the differing SIP and NESHAP requirements.
II. How has the rule been revised?
Indiana revised 326 IAC 3-5-1 (c) to add 326 IAC 3-5-1 (c)(2) that
allows Portland cement plants to monitor with a PM CPMS. That rule sets
the requirements for the PM CPMS. Those include satisfying the
requirements in 40 part 63, subpart LLL. Thus, Portland cement plants
in Indiana will have the option of monitoring with COMS, PM CEMS, or PM
CPMS in the revised 326 IAC 3-5-1.
Indiana retained 326 IAC 3-5-1 (c)(1) where the requirements for
sources, not limited to Portland cement plants, that monitor with a PM
CEMS are found. The remaining revisions to 326 IAC 3-5-1 are
administrative revisions such as changing ``shall'' to ``must.''
III. What is EPA's analysis of the revisions?
Indiana provided a Clean Air Act (CAA) 110(l) analysis as a
supplement to it submission. CAA Section 110(l) prohibits EPA from
approving a SIP revision if that revision would interfere with any
applicable requirement concerning attainment, reasonable further
progress, or any other CAA requirement. Indiana concluded that the 326
IAC 3-5-1 revision will not result in an increase in emissions or
interfere with Indiana's obligations under the CAA. The State concluded
that since Portland cement plants are subject to limits under 40 CFR
63, subpart LLL that are at least as stringent as the State rule.
Indiana states that the strict PM emission limits and continuous
monitoring requirements have rendered the COMS requirements of 326 IAC
3-5 obsolete for Portland cement plants.
EPA concurs with Indiana's CAA 110(l) analysis that the revision
does not interfere with any applicable requirement concerning
attainment or any other applicable requirement of the CAA because it is
simply revising the monitoring requirements. EPA, in 40 CFR 63, subpart
LLL, Portland cement plants must use PM CPMS to show compliance with
the Federal standard. Indiana's rule required such units to monitor
with COMS or request Department permission to alternatively operate a
PM CEMS. The revised 326 IAC 3-5-1 adds the option for Portland cement
plants to alternatively operate a PM CPMS in accordance with 40 CFR
part 63, subpart LLL requirements.
EPA finds that the revised 326 IAC 3-5-1 is consistent with the
requirements of 40 part 63, subpart LLL. Indiana's revisions follow the
revisions EPA made to the NESHAP.
IV. What action is EPA taking?
EPA is proposing to approve revisions to 326 IAC 3-5-1, continuous
monitoring requirements, into the Indiana SIP.
V. Incorporation by Reference
In this action, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference Title 326 of the Indiana Administrative Code Article 3, Rule
5, Section 1 Applicability; continuous monitoring requirements for
applicable pollutants, effective April 24, 2020. EPA has made, and will
continue to make, these documents generally available through
www.regulations.gov and at the EPA
[[Page 15840]]
Region 5 Office (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information).
VI. 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);
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).
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: March 22, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.
[FR Doc. 2021-06166 Filed 3-24-21; 8:45 am]
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