Air Plan Approval; Indiana, Ohio; Definition of Chemical Process Plants Under State Prevention of Significant Deterioration Regulations and Operating Permit Programs, 2731-2735 [2022-00467]
Download as PDF
<![CDATA[
2731
Proposed Rules
Federal Register
Vol. 87, No. 12
Wednesday, January 19, 2022
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF ENERGY
10 CFR Parts 429, 430, and 431
[EERE–2019–BT–TP–0032]
RIN 1904–AE77
Energy Conservation Program: Test
Procedure for Consumer Water
Heaters and Residential-Duty
Commercial Water Heaters
Correction
In proposed rule document 2021–
27004, appearing on pages 1554–1614,
in the issue of Tuesday, January 11,
2022, make the following correction:
On page 1554, in the first column, in
the DATES section, in the second
paragraph, in the second line: ‘‘Tuesday,
January 25, 2022,’’ should read
‘‘Thursday, January 27, 2022,’’.
[FR Doc. C1–2021–27004 Filed 1–18–22; 8:45 am]
BILLING CODE 0099–10–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2021–0535; FRL–9444–01–
R5]
Air Plan Approval; Wisconsin;
Wisconsin Nonattainment New Source
Review Certification for the 2015
Ozone NAAQS
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve,
as a State Implementation Plan (SIP)
revision, Wisconsin’s certification that
its SIP satisfies the nonattainment new
source review (NNSR) requirements of
the Clean Air Act (CAA) for the 2015
ozone National Ambient Air Quality
Standard (NAAQS).
DATES: Comments must be received on
or before February 18, 2022.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
jspears on DSK121TN23PROD with PROPOSALS1
SUMMARY:
VerDate Sep<11>2014
16:30 Jan 18, 2022
Jkt 256001
OAR–2021–0535 at https://
www.regulations.gov or via email to
damico.genevieve@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
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:
Rachel Rineheart, Environmental
Engineer, Air Permit Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–7017,
rineheart.rachel@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: In the
Final Rules section of this Federal
Register, EPA is approving the State’s
SIP submittal as a direct final rule
without prior proposal because the
Agency views this as a noncontroversial
submittal and anticipates no adverse
comments. A detailed rationale for the
approval is set forth in the direct final
rule. If no relevant adverse comments
are received in response to this rule, no
further activity is contemplated. If EPA
receives such comments, the direct final
rule will be withdrawn and all public
comments received will be addressed in
a subsequent final rule based on this
PO 00000
Frm 00001
Fmt 4702
Sfmt 4702
proposed rule. 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. For additional
information, see the direct final rule
which is located in the Rules section of
this Federal Register.
Dated: January 12, 2022.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2022–00934 Filed 1–18–22; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 70
[EPA–R05–OAR–2008–0138; EPA–R05–
OAR–2011–0827; FRL–9397–01–R5]
Air Plan Approval; Indiana, Ohio;
Definition of Chemical Process Plants
Under State Prevention of Significant
Deterioration Regulations and
Operating Permit Programs
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
revisions to the State Implementation
Plan (SIP) for Indiana and revisions to
the Operating Permit Program for Ohio.
The proposed revisions incorporate
changes to the definition of ‘‘chemical
process plants’’ under Indiana’s
Prevention of Significant Deterioration
(PSD) regulations and under Ohio’s
operating permit program. EPA is also
providing an opportunity for public
comment on similar changes to the
definition of ‘‘major stationary source’’
in Ohio’s PSD regulations that were
approved into the SIP on October 28,
2014. This opportunity is being
provided because these revisions were
not explicitly discussed in the
corresponding Federal Register action.
The changes to the state rules described
below are approvable because they are
consistent with EPA regulations
governing state PSD and title V
SUMMARY:
E:\FR\FM\19JAP1.SGM
19JAP1
2732
Federal Register / Vol. 87, No. 12 / Wednesday, January 19, 2022 / Proposed Rules
programs and will not interfere with any
applicable requirement concerning
attainment and reasonable further
progress (as defined in section 171 of
the Clean Air Act (CAA)), or any other
applicable requirement of the CAA.
Comments must be received on
or before February 18, 2022.
DATES:
Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2011–0827 (Indiana) or EPA–R05–
OAR–2008–0138 (Ohio) at https://
www.regulations.gov, or via email to
damico.genevieve@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
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.
ADDRESSES:
For
information regarding Indiana’s PSD
permit program: Michael Langman,
Physical Scientist, Air Permit Section,
Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6867,
langman.michael@epa.gov. For
information regarding Ohio’s title V
operating permit or PSD permit
programs: Mari Gonza´lez,
Environmental Engineer, Air Permit
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6175,
gonzalez.mari@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.
jspears on DSK121TN23PROD with PROPOSALS1
FOR FURTHER INFORMATION CONTACT:
VerDate Sep<11>2014
16:30 Jan 18, 2022
Jkt 256001
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
I. What is being addressed in this document?
II. Background
A. PSD Permitting Thresholds for Chemical
Process Plants Prior to the 2007 Ethanol
Rule
B. Title V Permitting Thresholds for
Chemical Process Plants Prior to the
2007 Ethanol Rule
C. Ethanol Rule
D. Petitions for Review and
Reconsideration of the 2007 Ethanol
Rule
III. What revisions to the Indiana SIP is EPA
proposing to approve?
IV. What revisions are being proposed by
EPA in Ohio?
V. What action is EPA taking?
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
I. What is being addressed in this
document?
EPA is proposing to approve revisions
to a SIP submission received from
Indiana on September 21, 2011. EPA is
also proposing to approve revisions to
the Ohio Title V Operating Permit
Program and providing an opportunity
for the public to provide comments on
related revisions to Ohio’s PSD
regulations that were approved on
October 28, 2014 (79 FR 64119). These
revisions address changes made to EPA
regulations that are reflected in EPA’s
final rule entitled ‘‘Prevention of
Significant Deterioration,
Nonattainment New Source Review (NA
NSR), and Title V: Treatment of Certain
Ethanol Production Facilities Under the
‘Major Emitting Facility’ Definition’’
(hereinafter referred to as the ‘‘2007
Ethanol Rule’’) as published in the
Federal Register on May 1, 2007 (72 FR
24059). The 2007 Ethanol Rule amended
the PSD definition of ‘‘major stationary
source’’ in the Federal PSD regulations
(40 CFR 51.166 paragraphs (b)(1)(i)(a),
(b)(1)(iii)(t) and (i)(1)(ii)(t)) to exclude
certain ethanol facilities from the
‘‘chemical process plant’’ source
category. In doing so, it established the
PSD major source threshold for ethanol
production facilities at 250 tons per year
(tpy) rather than 100 tpy. The 2007
Ethanol Rule also removes the
requirement to include fugitive
emissions when determining if an
ethanol production facility is major for
PSD and title V permitting.
On October 21, 2019, EPA responded
to a petition for reconsideration of the
2007 Ethanol Rule, denying the petition
with respect to the revisions of the PSD
regulations reflected in that rule (as
described in more detail below). EPA is
now proposing to approve revisions to
PO 00000
Frm 00002
Fmt 4702
Sfmt 4702
Indiana’s SIP and Ohio’s operating
permit program that are based on a part
of the 2007 Ethanol Rule.
II. Background
A. PSD Permitting Thresholds for
Chemical Process Plants Prior to the
2007 Ethanol Rule
Under the CAA, there are two
potential thresholds for determining
whether a source is a major emitting
facility that is potentially subject to the
construction permitting requirements
under the PSD program. One threshold
is 100 tpy per pollutant, and the other
is 250 tpy per pollutant. Section 169(1)
of the CAA lists twenty-eight source
categories that qualify as major emitting
facilities if their emissions exceed the
100 tpy threshold. If the source does not
fall within one of twenty-eight source
categories listed in section 169, then the
250 tpy threshold is applicable.
One of the source categories in the list
of twenty-eight source categories to
which the 100 tpy threshold applies is
chemical process plants. Since the
Standard Industrial Classification (SIC)
code for chemical process plants
includes facilities primarily engaged in
manufacturing ethanol fuel, the EPA
and states had previously considered
such facilities to be subject to the 100
tpy thresholds.
As a result of this classification,
pursuant to the EPA regulations adopted
under section 302(j) of the CAA,
chemical process plants were also
required to include fugitive emissions
for determining the potential emissions
of such sources. Thus, prior to
promulgation of the 2007 Ethanol Rule,
the classification of fuel and industrial
ethanol facilities as chemical process
plants had the effect of requiring these
plants to include fugitive emissions of
criteria pollutants when determining
whether their emissions exceed the
applicability thresholds for the PSD and
non-attainment NSR permit programs.
B. Title V Permitting Thresholds for
Chemical Process Plants Prior to the
2007 Ethanol Rule
The CAA also establishes
requirements for determining
applicability for the title V operating
permit program. All title V major
sources must obtain a title V permit.
Section 501(2) of the CAA defines major
source for the purposes of the title V
program as a major source as defined by
section 112 of the CAA or a major
stationary source as defined in section
302 or part D of title I of the CAA. Under
the general definition of ‘‘major
stationary source’’ in section 302(j) of
the CAA, the major source threshold for
E:\FR\FM\19JAP1.SGM
19JAP1
Federal Register / Vol. 87, No. 12 / Wednesday, January 19, 2022 / Proposed Rules
any air pollutant is 100 tons per year.
Under the NSR requirements of Part D
of title I of the CAA, lower thresholds
for major sources can apply dependent
upon the pollutant and the severity of
the nonattainment classification. Major
source thresholds for hazardous air
pollutants (HAP) under section 112 of
the CAA are 10 tpy of a single HAP or
25 tpy for any combination of HAPs. A
source with emissions that exceed one
of these thresholds is required to obtain
a title V operating permit.
Section 502 of the CAA and EPA
regulations provide that sources that
belong to one of 28 categories listed in
40 CFR 70.2 must include fugitive
emissions in determining applicability.
The list of 28 source categories may also
be included in approved state operating
permit regulations.
jspears on DSK121TN23PROD with PROPOSALS1
C. Ethanol Rule
On May 1, 2007, EPA published the
2007 Ethanol Rule in the Federal
Register (72 FR 24060). This final rule
amended the PSD and NA NSR
regulations to exclude ethanol
manufacturing facilities that produce
ethanol by natural fermentation
processes from the ‘‘chemical process
plants’’ category under the regulatory
definition of ‘‘major stationary source.’’
This change to the NSR regulations
affected the threshold used to determine
PSD applicability for these ethanol
production facilities, clarifying that
such facilities were subject to the 250
ton per year major source threshold. The
2007 Ethanol Rule also changed how
fugitive emissions are considered for
affected ethanol production facilities.
Because they would no longer be
considered as part of the ‘‘chemical
process plants’’ category, ethanol
facilities would no longer be required to
include fugitive emissions when
determining major source status under
PSD, NA NSR, and Title V.
D. Petitions for Review and
Reconsideration of the 2007 Ethanol
Rule
On July 2, 2007, the National
Resources Defense Council (NRDC)
petitioned the U.S. Court of Appeals for
the D.C. Circuit (D.C. Circuit) to review
the 2007 Ethanol Rule. On that same
day, EPA received a petition for
administrative reconsideration and
request for stay of the 2007 Ethanol Rule
from NRDC. On March 27, 2008, the
EPA denied NRDC’s 2007
administrative petition for
reconsideration.
On March 2, 2009, EPA received a
second petition for reconsideration and
a request for stay from NRDC. In 2009,
NRDC also filed a petition for judicial
VerDate Sep<11>2014
16:30 Jan 18, 2022
Jkt 256001
review challenging EPA’s March 27,
2008, denial of NRDC’s 2007
administrative petition in the D.C.
Circuit. This challenge was consolidated
with NRDC’s challenge to the 2007
Ethanol Rule. In August of 2009, the
D.C. Circuit granted a joint motion to
hold the case in abeyance, and the case
has remained in abeyance.
On October 21, 2019, EPA partially
granted and partially denied NRDC’s
2009 administrative petition for
reconsideration. Specifically, EPA
granted the request for reconsideration
with regard to NRDC’s claim that the
2007 Ethanol Rule did not appropriately
address the CAA section 193
antibacksliding requirements for
nonattainment areas.
III. What revisions to the Indiana SIP
is EPA proposing to approve?
On September 21, 2011, EPA received
a request from Indiana to revise its SIP.
More specifically, Indiana requested
EPA to approve its PSD rules at 326
Indiana Administrative Code (IAC) 2–2–
1 and NA NSR program rules at 326 IAC
2–3–2 to exclude ethanol production
facilities that produce ethanol by
natural fermentation from the chemical
process plant source category.
In this action, EPA is proposing to
approve the revisions to Indiana’s PSD
program at 326 IAC 2–2–1 related to the
2007 Ethanol Rule. EPA is taking no
action at this time on Indiana’s request
to revise its NA NSR program at 326 IAC
2–3–2. Although Indiana also amended
its Title V program at 326 IAC 2–7, EPA
is not taking action with respect to
Indiana’s Title V operating permit
program because Indiana did not
request such a revision.
Pursuant to 40 CFR part 51 appendix
V section 1.2, Indiana’s September 2011
SIP submission was deemed complete
by operation of law on March 21, 2012,
six months after receipt of the request.
The submission includes a formal
signed and dated letter requesting
approval of the revision to Indiana’s
PSD rules, a copy of the actual
regulation, evidence showing that the
state followed all procedural
requirements, evidence that public
notice was given of the proposed
change, and certification that public
hearings were held. IDEM adopted the
revised PSD rules on May 4, 2011, after
receiving no comments during the
public comment period. The revised
PSD rules became effective on August
20, 2011.
The state rule submitted for approval
revised the PSD definition of ‘‘major
stationary source’’ at 326 IAC 2–2–1(ff)
to exclude certain ethanol production
facilities that produce ethanol by
PO 00000
Frm 00003
Fmt 4702
Sfmt 4702
2733
natural fermentation from the chemical
process plant source category. As a
result of this revision, an ethanol
production facility is subject to the 250
tpy PSD major stationary source
threshold and is no longer required to
consider fugitive emissions when
determining its PSD major stationary
source applicability. The ethanol
production plants excluded from the
chemical process plant source category
at 326 IAC 2–2–1(ff) are identified by
NAICS codes—these codes are the same
as those identified in the 2007 Ethanol
Rule and as identified at 40 CFR
51.166(b)(1)(i)(a).
EPA is proposing to approve the 2011
changes to 326 IAC 2–2–1(ff) into the
Indiana SIP. Because sources in NAICS
codes 325193 and 312140 that produce
ethanol by natural fermentation are
being excluded from the chemical
process plant source category, EPA has
determined that the requested changes
to Indiana’s PSD rules are consistent
with the current PSD requirements at 40
CFR 51.166. 40 CFR 51.166(b)(1)(i)(a)
excludes ethanol production facilities
that produce ethanol by natural
fermentation included in NAICS codes
325193 or 312140 from the chemical
process plant source category.
EPA has determined that the
proposed revision will not interfere
with any applicable requirement
concerning attainment and reasonable
further progress, or any other applicable
requirement of the CAA as required by
section 110(l) of the CAA. Our
determination is based on an analysis of
Indiana’s ethanol production trends,
existing ethanol production permit
requirements and locations with respect
to ambient air monitoring, Indiana’s
statewide emissions inventory,
Indiana’s air quality design value
trends, and representative
photochemical modeling results for
ozone and secondary fine particulate
(PM2.5) formation. Our analysis is
included in the docket for this
rulemaking.
Our analysis shows that Indiana’s
existing ethanol production facilities
contribute 2% or less of each criteria
pollutant when compared to statewide
facility emissions. Indiana’s total
ethanol production has increased since
2007 but the state’s air quality has
steadily improved in general.
Photochemical modeling of hypothetical
sources representative of ethanol
production facilities shows that ozone
formation as a result of oxides of
nitrogen (NOX) and volatile organic
compounds (VOC) emissions and
secondary PM2.5 formation as a result of
NOX and sulfur dioxide (SO2) emissions
will not themselves cause or contribute
E:\FR\FM\19JAP1.SGM
19JAP1
2734
Federal Register / Vol. 87, No. 12 / Wednesday, January 19, 2022 / Proposed Rules
jspears on DSK121TN23PROD with PROPOSALS1
to a violation of the ozone or PM2.5
National Ambient Air Quality Standard
(NAAQS). In addition, the applicability
of Federal and state requirements to
ethanol production facilities in Indiana,
such as New Source Performance
Standards at 40 CFR part 60 and
National Emission Standards for
Hazardous Air Pollutants at 40 CFR
parts 61 and 63, will remain unaffected
by this action.
IV. What revisions are being proposed
by EPA in Ohio?
On February 7, 2008, EPA received a
request from Ohio EPA to revise its SIP.
This submittal included changes to the
definition of ‘‘major stationary source’’
under Ohio Administrative Code (OAC)
chapters 3745–31–01 and 3745–77–01,
which incorporate into Ohio regulations
the changes EPA made to Federal PSD
and title V regulations in the 2007
Ethanol Rule. The changes to the
definition of ‘‘major stationary source’’
in the PSD regulations in OAC chapter
3745–31–01 were approved into the SIP
on October 28, 2014, but these changes
were not explicitly discussed in the
final rulemaking action that was
published in the Federal Register (79
FR 64119). Therefore, the technical
support document (TSD) that is
available as part of this docket was
developed to demonstrate that the
changes which were approved into
Ohio’s SIP in 2014 related to the
Ethanol Rule and the corresponding title
V revisions will not interfere with any
applicable requirement concerning
attainment and reasonable further
progress or any other applicable CAA
requirement. In this action, EPA is
proposing to approve the title V changes
in OAC 3745–77–01 relating to the 2007
Ethanol Rule and providing an
opportunity for public comment on
those changes, as well as the changes to
the PSD program in OAC 3745–31–01
relating to the 2007 Ethanol Rule that
were approved into Ohio’s SIP in 2014.
The changes to the PSD program that
EPA approved in 2014 are revisions
under the definition of ‘‘major
stationary source’’ for stationary sources
located in an attainment area that emit
or have the potential to emit 100 tpy or
more of any regulated NSR pollutant.
Ethanol facilities that produce ethanol
through natural fermentation were
excluded from the definition of
‘‘chemical process plants.’’
EPA has determined that these
changes are consistent with the current
PSD requirements at 40 CFR 51.166 and
that the 2014 revisions will not interfere
with any applicable requirement
concerning attainment and reasonable
further progress, or any other applicable
VerDate Sep<11>2014
16:30 Jan 18, 2022
Jkt 256001
requirement of the CAA. This
determination is based on EPA’s 110(l)
analysis provided in the accompanying
TSD for Ohio which includes ethanol
production trends in the state, an
analysis of air quality design value
trends, an examination of Ohio’s
statewide emissions inventory,
photochemical modeling for ozone and
secondary PM2.5 formation, maps of
existing ethanol facilities and ambient
air monitors, and existing ethanol
facility permit requirements. The
analysis demonstrates that emissions
from ethanol production facilities
account for less than 1.5% of total point
source emissions for five criteria
pollutants examined in Ohio. While
ethanol production has steadily
increased in Ohio since 2007, in
general, air quality has improved
throughout the state as demonstrated by
the downward trend in design values for
criteria pollutants. Photochemical
modeling for ozone based on NOX and
VOC emissions and secondary PM2.5
formation based on NOX and SO2
emissions from hypothetical ethanol
sources demonstrates that that new
ethanol sources and major modifications
at existing sources would not likely
cause a violation of the NAAQS. The
analysis also includes a discussion of
existing Federal requirements that limit
emissions to which Ohio’s ethanol
facilities are subject.
The regulations that EPA approved
under the PSD program and is
proposing to approve under Ohio’s title
V program adopt language that is the
same as or consistent with the language
of EPA’s 2007 Ethanol Rule. The state
regulations that EPA is proposing to
approve under the title V program
similarly exclude production facilities
that produce ethanol by natural
fermentation from the ‘‘chemical
process plants’’ category. These
revisions clarify that an ethanol facility
need not include fugitive emissions
when determining major source
applicability under title V.
EPA is proposing to approve the
revision to the Ohio title V Operating
Permit Program under the definition of
‘‘Major source’’ for a major stationary
source of air pollutants that directly
emits or has the potential to emit 100
tpy or more of any pollutants. EPA has
determined that these changes are
consistent with the current
requirements for title V under 40 CFR
part 70.
Based on the 110(l) analysis provided
in the Ohio TSD that is available as part
of this docket, EPA concludes that the
changes which were approved into
Ohio’s PSD SIP in 2014 related to the
Ethanol Rule and the corresponding title
PO 00000
Frm 00004
Fmt 4702
Sfmt 4702
V revisions will not interfere with any
applicable requirement concerning
attainment and reasonable further
progress or any other applicable CAA
requirement.
V. What action is EPA taking?
EPA is proposing to approve revisions
to the Indiana SIP in 40 CFR 52.770.
EPA is also proposing to approve
revisions to the Ohio title V Operating
Permit Program in 40 CFR 70 appendix
A, and providing an opportunity for
public comment on the 2014 revisions
to the Ohio PSD SIP in 40 CFR 52.1870
related to the 2007 Ethanol Rule. The
revisions that EPA is proposing to
approve change the definition of ‘‘major
stationary source’’ under Indiana’s PSD
regulations and Ohio’s Operating Permit
Program. EPA is not taking action on
changes related to NA NSR in this
action. This action would approve
changes to the state regulations that
establish that the PSD applicability
threshold for certain ethanol plants is
250 tpy and remove the requirement to
include fugitive emissions when
determining if an ethanol plant is
subject to major source requirements
under PSD and the title V Operating
Permit Programs. EPA has determined
that these revisions are consistent with
EPA’s PSD and title V regulations and
that approval of these revisions is
consistent with the requirements of
CAA section 110(l) and will not
adversely impact air quality.
VI. 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
for Indiana rule 326 IAC 2–2–1(ff),
effective August 20, 2011. 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).
VII. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
and state Title V program submissions
that comply with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a); 42
U.S.C. 7661a(d); 40 CFR 70.1(c), 70.4(i).
Thus, in reviewing SIP submissions and
Title V program revision submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
E:\FR\FM\19JAP1.SGM
19JAP1
jspears on DSK121TN23PROD with PROPOSALS1
Federal Register / Vol. 87, No. 12 / Wednesday, January 19, 2022 / Proposed Rules
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
40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
VerDate Sep<11>2014
16:30 Jan 18, 2022
Jkt 256001
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
40 CFR Part 70
Environmental protection, Air
pollution control, Hazardous
substances, Incorporation by reference,
Intergovernmental relations, Reporting
and recordkeeping requirements.
Dated: January 6, 2022.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2022–00467 Filed 1–18–22; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 87, 1030, and 1031
[EPA–HQ–OAR–2019–0660; FRL–9354–02
OAR]
RIN 2060–AU69
Control of Air Pollution From Aircraft
Engines: Emission Standards and Test
Procedures; Rescheduling of Public
Hearing
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; rescheduling of
public hearing.
AGENCY:
The Environmental Protection
Agency (EPA) is announcing a virtual
public hearing to be held on February
17, 2022, on its proposed rulemaking for
particulate matter (PM) emission
standards for aircraft engines, which
was signed on December 17, 2021. This
hearing is being rescheduled from the
previous date of January 20, 2022.
DATES: EPA will hold a virtual public
hearing on February 17, 2022. The
hearing will begin at 1 p.m. Eastern
Time (ET) and end when all parties who
wish to speak have had an opportunity
to do so. Please refer to the
SUPPLEMENTARY INFORMATION section for
additional information on the public
hearing.
SUMMARY:
The public hearing will be
held virtually. Additional information
regarding the hearing appears below
under the SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT:
Bryan Manning, Office of
Transportation and Air Quality,
Assessment and Standards Division,
Environmental Protection Agency, 2000
Traverwood Drive, Ann Arbor, MI
48105; telephone number: 734–214–
4832; email address: manning.bryan@
epa.gov.
ADDRESSES:
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
2735
The
Environmental Protection Agency (EPA)
is proposing PM emission standards and
test procedures applicable to certain
classes of engines used by civil subsonic
jet airplanes (those engines with rated
output of greater than 26.7 kilonewtons
(kN)). These proposed standards and
test procedures are equivalent to the
aircraft engine standards adopted by the
United Nations’ International Civil
Aviation Organization (ICAO) in 2017
and 2020. The proposed rulemaking was
signed on December 17, 2021, and it
will be published separately in the
Federal Register. The pre-publication
version is available at https://
www.epa.gov/regulations-emissionsvehicles-and-engines/proposed-rulecontrol-air-pollution-aircraft-engines.
Participation in virtual public
hearing. Please note that EPA is
deviating from its typical approach
because the President has declared a
national emergency. Because of current
recommendations from the Centers for
Disease Control and Prevention (CDC),
as well as state and local orders for
social distancing to limit the spread of
COVID–19, EPA cannot hold in-person
public meetings at this time.
EPA is also asking all hearing
attendees to register for the hearing,
even those who do not intend to provide
testimony, by February 14, 2022.
Information on how to register for the
hearing can be found at https://
www.epa.gov/regulations-emissionsvehicles-and-engines/proposed-rulecontrol-air-pollution-aircraft-engines.
For those without internet access,
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
register.
The last day to pre-register to speak at
the hearing will be February 14, 2022.
The virtual public hearing will provide
interested parties the opportunity to
present data, views, or arguments
concerning the proposal (the official
version of which was signed on
December 17, 2021 and a copy of which
is available at https://www.epa.gov/
regulations-emissions-vehicles-andengines/proposed-rule-control-airpollution-aircraft-engines). EPA may ask
clarifying questions during the oral
presentations but will not respond to
the presentations at that time. Written
statements and supporting information
submitted during the comment period
will be considered with the same weight
as any oral comments and supporting
information presented at the public
hearing. EPA recommends submitting
the text of your oral comments as
written comments to the rulemaking
Docket ID No. EPA–HQ–OAR–2019–
SUPPLEMENTARY INFORMATION:
E:\FR\FM\19JAP1.SGM
19JAP1
]]>Agencies
[Federal Register Volume 87, Number 12 (Wednesday, January 19, 2022)]
[Proposed Rules]
[Pages 2731-2735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00467]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 70
[EPA-R05-OAR-2008-0138; EPA-R05-OAR-2011-0827; FRL-9397-01-R5]
Air Plan Approval; Indiana, Ohio; Definition of Chemical Process
Plants Under State Prevention of Significant Deterioration Regulations
and Operating Permit Programs
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the State Implementation Plan (SIP) for Indiana
and revisions to the Operating Permit Program for Ohio. The proposed
revisions incorporate changes to the definition of ``chemical process
plants'' under Indiana's Prevention of Significant Deterioration (PSD)
regulations and under Ohio's operating permit program. EPA is also
providing an opportunity for public comment on similar changes to the
definition of ``major stationary source'' in Ohio's PSD regulations
that were approved into the SIP on October 28, 2014. This opportunity
is being provided because these revisions were not explicitly discussed
in the corresponding Federal Register action. The changes to the state
rules described below are approvable because they are consistent with
EPA regulations governing state PSD and title V
[[Page 2732]]
programs and will not interfere with any applicable requirement
concerning attainment and reasonable further progress (as defined in
section 171 of the Clean Air Act (CAA)), or any other applicable
requirement of the CAA.
DATES: Comments must be received on or before February 18, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2011-0827 (Indiana) or EPA-R05-OAR-2008-0138 (Ohio) 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 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: For information regarding Indiana's
PSD permit program: Michael Langman, Physical Scientist, Air Permit
Section, Air Programs Branch (AR-18J), Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312)
886-6867, [email protected]. For information regarding Ohio's
title V operating permit or PSD permit programs: Mari Gonz[aacute]lez,
Environmental Engineer, Air Permit Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-6175,
[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. What is being addressed in this document?
II. Background
A. PSD Permitting Thresholds for Chemical Process Plants Prior
to the 2007 Ethanol Rule
B. Title V Permitting Thresholds for Chemical Process Plants
Prior to the 2007 Ethanol Rule
C. Ethanol Rule
D. Petitions for Review and Reconsideration of the 2007 Ethanol
Rule
III. What revisions to the Indiana SIP is EPA proposing to approve?
IV. What revisions are being proposed by EPA in Ohio?
V. What action is EPA taking?
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
I. What is being addressed in this document?
EPA is proposing to approve revisions to a SIP submission received
from Indiana on September 21, 2011. EPA is also proposing to approve
revisions to the Ohio Title V Operating Permit Program and providing an
opportunity for the public to provide comments on related revisions to
Ohio's PSD regulations that were approved on October 28, 2014 (79 FR
64119). These revisions address changes made to EPA regulations that
are reflected in EPA's final rule entitled ``Prevention of Significant
Deterioration, Nonattainment New Source Review (NA NSR), and Title V:
Treatment of Certain Ethanol Production Facilities Under the `Major
Emitting Facility' Definition'' (hereinafter referred to as the ``2007
Ethanol Rule'') as published in the Federal Register on May 1, 2007 (72
FR 24059). The 2007 Ethanol Rule amended the PSD definition of ``major
stationary source'' in the Federal PSD regulations (40 CFR 51.166
paragraphs (b)(1)(i)(a), (b)(1)(iii)(t) and (i)(1)(ii)(t)) to exclude
certain ethanol facilities from the ``chemical process plant'' source
category. In doing so, it established the PSD major source threshold
for ethanol production facilities at 250 tons per year (tpy) rather
than 100 tpy. The 2007 Ethanol Rule also removes the requirement to
include fugitive emissions when determining if an ethanol production
facility is major for PSD and title V permitting.
On October 21, 2019, EPA responded to a petition for
reconsideration of the 2007 Ethanol Rule, denying the petition with
respect to the revisions of the PSD regulations reflected in that rule
(as described in more detail below). EPA is now proposing to approve
revisions to Indiana's SIP and Ohio's operating permit program that are
based on a part of the 2007 Ethanol Rule.
II. Background
A. PSD Permitting Thresholds for Chemical Process Plants Prior to the
2007 Ethanol Rule
Under the CAA, there are two potential thresholds for determining
whether a source is a major emitting facility that is potentially
subject to the construction permitting requirements under the PSD
program. One threshold is 100 tpy per pollutant, and the other is 250
tpy per pollutant. Section 169(1) of the CAA lists twenty-eight source
categories that qualify as major emitting facilities if their emissions
exceed the 100 tpy threshold. If the source does not fall within one of
twenty-eight source categories listed in section 169, then the 250 tpy
threshold is applicable.
One of the source categories in the list of twenty-eight source
categories to which the 100 tpy threshold applies is chemical process
plants. Since the Standard Industrial Classification (SIC) code for
chemical process plants includes facilities primarily engaged in
manufacturing ethanol fuel, the EPA and states had previously
considered such facilities to be subject to the 100 tpy thresholds.
As a result of this classification, pursuant to the EPA regulations
adopted under section 302(j) of the CAA, chemical process plants were
also required to include fugitive emissions for determining the
potential emissions of such sources. Thus, prior to promulgation of the
2007 Ethanol Rule, the classification of fuel and industrial ethanol
facilities as chemical process plants had the effect of requiring these
plants to include fugitive emissions of criteria pollutants when
determining whether their emissions exceed the applicability thresholds
for the PSD and non-attainment NSR permit programs.
B. Title V Permitting Thresholds for Chemical Process Plants Prior to
the 2007 Ethanol Rule
The CAA also establishes requirements for determining applicability
for the title V operating permit program. All title V major sources
must obtain a title V permit. Section 501(2) of the CAA defines major
source for the purposes of the title V program as a major source as
defined by section 112 of the CAA or a major stationary source as
defined in section 302 or part D of title I of the CAA. Under the
general definition of ``major stationary source'' in section 302(j) of
the CAA, the major source threshold for
[[Page 2733]]
any air pollutant is 100 tons per year. Under the NSR requirements of
Part D of title I of the CAA, lower thresholds for major sources can
apply dependent upon the pollutant and the severity of the
nonattainment classification. Major source thresholds for hazardous air
pollutants (HAP) under section 112 of the CAA are 10 tpy of a single
HAP or 25 tpy for any combination of HAPs. A source with emissions that
exceed one of these thresholds is required to obtain a title V
operating permit.
Section 502 of the CAA and EPA regulations provide that sources
that belong to one of 28 categories listed in 40 CFR 70.2 must include
fugitive emissions in determining applicability. The list of 28 source
categories may also be included in approved state operating permit
regulations.
C. Ethanol Rule
On May 1, 2007, EPA published the 2007 Ethanol Rule in the Federal
Register (72 FR 24060). This final rule amended the PSD and NA NSR
regulations to exclude ethanol manufacturing facilities that produce
ethanol by natural fermentation processes from the ``chemical process
plants'' category under the regulatory definition of ``major stationary
source.''
This change to the NSR regulations affected the threshold used to
determine PSD applicability for these ethanol production facilities,
clarifying that such facilities were subject to the 250 ton per year
major source threshold. The 2007 Ethanol Rule also changed how fugitive
emissions are considered for affected ethanol production facilities.
Because they would no longer be considered as part of the ``chemical
process plants'' category, ethanol facilities would no longer be
required to include fugitive emissions when determining major source
status under PSD, NA NSR, and Title V.
D. Petitions for Review and Reconsideration of the 2007 Ethanol Rule
On July 2, 2007, the National Resources Defense Council (NRDC)
petitioned the U.S. Court of Appeals for the D.C. Circuit (D.C.
Circuit) to review the 2007 Ethanol Rule. On that same day, EPA
received a petition for administrative reconsideration and request for
stay of the 2007 Ethanol Rule from NRDC. On March 27, 2008, the EPA
denied NRDC's 2007 administrative petition for reconsideration.
On March 2, 2009, EPA received a second petition for
reconsideration and a request for stay from NRDC. In 2009, NRDC also
filed a petition for judicial review challenging EPA's March 27, 2008,
denial of NRDC's 2007 administrative petition in the D.C. Circuit. This
challenge was consolidated with NRDC's challenge to the 2007 Ethanol
Rule. In August of 2009, the D.C. Circuit granted a joint motion to
hold the case in abeyance, and the case has remained in abeyance.
On October 21, 2019, EPA partially granted and partially denied
NRDC's 2009 administrative petition for reconsideration. Specifically,
EPA granted the request for reconsideration with regard to NRDC's claim
that the 2007 Ethanol Rule did not appropriately address the CAA
section 193 antibacksliding requirements for nonattainment areas.
III. What revisions to the Indiana SIP is EPA proposing to approve?
On September 21, 2011, EPA received a request from Indiana to
revise its SIP. More specifically, Indiana requested EPA to approve its
PSD rules at 326 Indiana Administrative Code (IAC) 2-2-1 and NA NSR
program rules at 326 IAC 2-3-2 to exclude ethanol production facilities
that produce ethanol by natural fermentation from the chemical process
plant source category.
In this action, EPA is proposing to approve the revisions to
Indiana's PSD program at 326 IAC 2-2-1 related to the 2007 Ethanol
Rule. EPA is taking no action at this time on Indiana's request to
revise its NA NSR program at 326 IAC 2-3-2. Although Indiana also
amended its Title V program at 326 IAC 2-7, EPA is not taking action
with respect to Indiana's Title V operating permit program because
Indiana did not request such a revision.
Pursuant to 40 CFR part 51 appendix V section 1.2, Indiana's
September 2011 SIP submission was deemed complete by operation of law
on March 21, 2012, six months after receipt of the request. The
submission includes a formal signed and dated letter requesting
approval of the revision to Indiana's PSD rules, a copy of the actual
regulation, evidence showing that the state followed all procedural
requirements, evidence that public notice was given of the proposed
change, and certification that public hearings were held. IDEM adopted
the revised PSD rules on May 4, 2011, after receiving no comments
during the public comment period. The revised PSD rules became
effective on August 20, 2011.
The state rule submitted for approval revised the PSD definition of
``major stationary source'' at 326 IAC 2-2-1(ff) to exclude certain
ethanol production facilities that produce ethanol by natural
fermentation from the chemical process plant source category. As a
result of this revision, an ethanol production facility is subject to
the 250 tpy PSD major stationary source threshold and is no longer
required to consider fugitive emissions when determining its PSD major
stationary source applicability. The ethanol production plants excluded
from the chemical process plant source category at 326 IAC 2-2-1(ff)
are identified by NAICS codes--these codes are the same as those
identified in the 2007 Ethanol Rule and as identified at 40 CFR
51.166(b)(1)(i)(a).
EPA is proposing to approve the 2011 changes to 326 IAC 2-2-1(ff)
into the Indiana SIP. Because sources in NAICS codes 325193 and 312140
that produce ethanol by natural fermentation are being excluded from
the chemical process plant source category, EPA has determined that the
requested changes to Indiana's PSD rules are consistent with the
current PSD requirements at 40 CFR 51.166. 40 CFR 51.166(b)(1)(i)(a)
excludes ethanol production facilities that produce ethanol by natural
fermentation included in NAICS codes 325193 or 312140 from the chemical
process plant source category.
EPA has determined that the proposed revision will not interfere
with any applicable requirement concerning attainment and reasonable
further progress, or any other applicable requirement of the CAA as
required by section 110(l) of the CAA. Our determination is based on an
analysis of Indiana's ethanol production trends, existing ethanol
production permit requirements and locations with respect to ambient
air monitoring, Indiana's statewide emissions inventory, Indiana's air
quality design value trends, and representative photochemical modeling
results for ozone and secondary fine particulate (PM2.5)
formation. Our analysis is included in the docket for this rulemaking.
Our analysis shows that Indiana's existing ethanol production
facilities contribute 2% or less of each criteria pollutant when
compared to statewide facility emissions. Indiana's total ethanol
production has increased since 2007 but the state's air quality has
steadily improved in general. Photochemical modeling of hypothetical
sources representative of ethanol production facilities shows that
ozone formation as a result of oxides of nitrogen (NOX) and
volatile organic compounds (VOC) emissions and secondary
PM2.5 formation as a result of NOX and sulfur
dioxide (SO2) emissions will not themselves cause or
contribute
[[Page 2734]]
to a violation of the ozone or PM2.5 National Ambient Air
Quality Standard (NAAQS). In addition, the applicability of Federal and
state requirements to ethanol production facilities in Indiana, such as
New Source Performance Standards at 40 CFR part 60 and National
Emission Standards for Hazardous Air Pollutants at 40 CFR parts 61 and
63, will remain unaffected by this action.
IV. What revisions are being proposed by EPA in Ohio?
On February 7, 2008, EPA received a request from Ohio EPA to revise
its SIP. This submittal included changes to the definition of ``major
stationary source'' under Ohio Administrative Code (OAC) chapters 3745-
31-01 and 3745-77-01, which incorporate into Ohio regulations the
changes EPA made to Federal PSD and title V regulations in the 2007
Ethanol Rule. The changes to the definition of ``major stationary
source'' in the PSD regulations in OAC chapter 3745-31-01 were approved
into the SIP on October 28, 2014, but these changes were not explicitly
discussed in the final rulemaking action that was published in the
Federal Register (79 FR 64119). Therefore, the technical support
document (TSD) that is available as part of this docket was developed
to demonstrate that the changes which were approved into Ohio's SIP in
2014 related to the Ethanol Rule and the corresponding title V
revisions will not interfere with any applicable requirement concerning
attainment and reasonable further progress or any other applicable CAA
requirement. In this action, EPA is proposing to approve the title V
changes in OAC 3745-77-01 relating to the 2007 Ethanol Rule and
providing an opportunity for public comment on those changes, as well
as the changes to the PSD program in OAC 3745-31-01 relating to the
2007 Ethanol Rule that were approved into Ohio's SIP in 2014.
The changes to the PSD program that EPA approved in 2014 are
revisions under the definition of ``major stationary source'' for
stationary sources located in an attainment area that emit or have the
potential to emit 100 tpy or more of any regulated NSR pollutant.
Ethanol facilities that produce ethanol through natural fermentation
were excluded from the definition of ``chemical process plants.''
EPA has determined that these changes are consistent with the
current PSD requirements at 40 CFR 51.166 and that the 2014 revisions
will not interfere with any applicable requirement concerning
attainment and reasonable further progress, or any other applicable
requirement of the CAA. This determination is based on EPA's 110(l)
analysis provided in the accompanying TSD for Ohio which includes
ethanol production trends in the state, an analysis of air quality
design value trends, an examination of Ohio's statewide emissions
inventory, photochemical modeling for ozone and secondary
PM2.5 formation, maps of existing ethanol facilities and
ambient air monitors, and existing ethanol facility permit
requirements. The analysis demonstrates that emissions from ethanol
production facilities account for less than 1.5% of total point source
emissions for five criteria pollutants examined in Ohio. While ethanol
production has steadily increased in Ohio since 2007, in general, air
quality has improved throughout the state as demonstrated by the
downward trend in design values for criteria pollutants. Photochemical
modeling for ozone based on NOX and VOC emissions and
secondary PM2.5 formation based on NOX and
SO2 emissions from hypothetical ethanol sources demonstrates
that that new ethanol sources and major modifications at existing
sources would not likely cause a violation of the NAAQS. The analysis
also includes a discussion of existing Federal requirements that limit
emissions to which Ohio's ethanol facilities are subject.
The regulations that EPA approved under the PSD program and is
proposing to approve under Ohio's title V program adopt language that
is the same as or consistent with the language of EPA's 2007 Ethanol
Rule. The state regulations that EPA is proposing to approve under the
title V program similarly exclude production facilities that produce
ethanol by natural fermentation from the ``chemical process plants''
category. These revisions clarify that an ethanol facility need not
include fugitive emissions when determining major source applicability
under title V.
EPA is proposing to approve the revision to the Ohio title V
Operating Permit Program under the definition of ``Major source'' for a
major stationary source of air pollutants that directly emits or has
the potential to emit 100 tpy or more of any pollutants. EPA has
determined that these changes are consistent with the current
requirements for title V under 40 CFR part 70.
Based on the 110(l) analysis provided in the Ohio TSD that is
available as part of this docket, EPA concludes that the changes which
were approved into Ohio's PSD SIP in 2014 related to the Ethanol Rule
and the corresponding title V revisions will not interfere with any
applicable requirement concerning attainment and reasonable further
progress or any other applicable CAA requirement.
V. What action is EPA taking?
EPA is proposing to approve revisions to the Indiana SIP in 40 CFR
52.770. EPA is also proposing to approve revisions to the Ohio title V
Operating Permit Program in 40 CFR 70 appendix A, and providing an
opportunity for public comment on the 2014 revisions to the Ohio PSD
SIP in 40 CFR 52.1870 related to the 2007 Ethanol Rule. The revisions
that EPA is proposing to approve change the definition of ``major
stationary source'' under Indiana's PSD regulations and Ohio's
Operating Permit Program. EPA is not taking action on changes related
to NA NSR in this action. This action would approve changes to the
state regulations that establish that the PSD applicability threshold
for certain ethanol plants is 250 tpy and remove the requirement to
include fugitive emissions when determining if an ethanol plant is
subject to major source requirements under PSD and the title V
Operating Permit Programs. EPA has determined that these revisions are
consistent with EPA's PSD and title V regulations and that approval of
these revisions is consistent with the requirements of CAA section
110(l) and will not adversely impact air quality.
VI. 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 for Indiana rule 326 IAC 2-2-1(ff), effective August 20,
2011. 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).
VII. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission and state Title V program submissions that comply with the
provisions of the CAA and applicable Federal regulations. 42 U.S.C.
7410(k); 40 CFR 52.02(a); 42 U.S.C. 7661a(d); 40 CFR 70.1(c), 70.4(i).
Thus, in reviewing SIP submissions and Title V program revision
submissions, EPA's role is to approve state choices, provided that they
meet the criteria of
[[Page 2735]]
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
40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
40 CFR Part 70
Environmental protection, Air pollution control, Hazardous
substances, Incorporation by reference, Intergovernmental relations,
Reporting and recordkeeping requirements.
Dated: January 6, 2022.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2022-00467 Filed 1-18-22; 8:45 am]
BILLING CODE 6560-50-P
