[Federal Register Volume 86, Number 114 (Wednesday, June 16, 2021)]
[Rules and Regulations]
[Pages 31922-31924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12620]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2020-0387; FRL-10024-93-Region 5]


Air Plan Approval; Indiana; Emissions Reporting Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
revision to the Indiana State Implementation Plan (SIP) submitted on 
July 16, 2020, by the Indiana Department of Environmental Management 
(IDEM). The revision incorporates changes to Indiana's existing 
emission reporting rule to be consistent with the emissions statement 
requirements in the Clean Air Act (CAA). The CAA requires stationary 
sources in ozone nonattainment areas to submit annual emissions 
statements. The revision to the rule extends the requirements in 
Indiana's emission reporting rule to Clark and Floyd counties, which 
were designated nonattainment under the 2015 ozone National Ambient Air 
Quality Standard (NAAQS) in 2018, and removes the requirement for 
Lawrenceburg Township in Dearborn County and to LaPorte County, because 
these areas are currently designated attainment for the 1997, 2008 and 
2015 ozone standards.

DATES: This final rule is effective on July 16, 2021.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2020-0387. All documents in the docket are listed on 
the www.regulations.gov website. Although listed in the index, some 
information is not publicly available, i.e., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available either 
through www.regulations.gov or at the Environmental Protection Agency, 
Region 5, Air and Radiation Division, 77 West Jackson Boulevard, 
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding Federal holidays and facility 
closures due to COVID-19. We recommend that you telephone Charles 
Hatten, Environmental Engineer, at (312) 886-6031 before visiting the 
Region 5 office.

FOR FURTHER INFORMATION CONTACT: Charles Hatten, Environmental 
Engineer, Control Strategies Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-6031, <a href="/cdn-cgi/l/email-protection#7b131a0f0f1e155518131a09171e083b1e0b1a551c140d"><span class="__cf_email__" data-cfemail="cda5acb9b9a8a3e3aea5acbfa1a8be8da8bdace3aaa2bb">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

I. What is being addressed in this document?

    This rule acts on the July 16, 2020 request from the IDEM to 
incorporate revisions to Indiana's emission reporting rule, 326 IAC 2-
6. An explanation of the CAA requirements, a detailed analysis of the 
revisions, and EPA's reasons for proposing approval were provided in 
EPA's notice of proposed rulemaking (NPRM), dated February 11, 2021 (86 
FR 9036), and will not be restated here.

II. What comments did we receive on the proposed rule?

    In the NPRM, EPA provided a 30-day review and comment period for 
the proposed rule. The comment period ended on March 15, 2021. We 
received three comments during the comment period. The full comments 
are in the rulemaking docket, see Addresses for details on accessing 
the docket.
    Two of the comments received were supportive of EPA's action. 
Comments from a third individual expressed several issues of concern 
not addressed in EPA's proposed rulemaking. Those comments are 
summarized and addressed below.
    Comment: The commenter asserted that the decision to remove 
reporting requirements for Lawrenceburg Township and LaPorte County 
could have permanent impacts on Indiana's citizens. IDEM should 
reconsider removing the two areas from attainment.
    Response: Because Lawrenceburg Township and LaPorte County have 
demonstrated attainment with the ozone NAAQS, EPA designated them as 
attainment areas under Section 107(d) of the CAA on June 4, 2018 (83 FR 
25776). Consequently, section 182(a)(3)(B) of the CAA authorizes IDEM 
to remove the emissions reporting requirements for those two areas. The 
commenter's suggestion that IDEM should remove the ozone attainment 
designation status for LaPorte County and Lawrenceburg

[[Page 31923]]

Township in Dearborn County is outside the scope of this rulemaking.
    Comment: The commenter noted that the Federal website, Airnow.com, 
shows acceptable levels of ozone in all the counties involved. The 
commenter expressed concern about ozone's adverse biophysical impact, 
especially in those with chronic respiratory conditions, but 
acknowledged that those impacts of this rulemaking should remain 
minimal.
    Response: EPA agrees that ozone causes adverse health effects. As 
noted above, EPA has designated both Lawrenceburg Township (Dearborn 
County) and LaPorte County as areas that have attained the applicable 
NAAQS for ozone.
    Comment: The commenter expressed concern that the proposal did not 
consider the potential for ozone levels rising in attainment areas and 
the potential repercussions of not recording ozone levels. The 
commenter further stated that, if the State discontinues recording 
ozone emission rates and they rise beyond a safe level, this could 
cause negative economic impacts and endanger the health of residents.
    Response: This action addresses the requirement for stationary 
sources to report emissions of volatile organic compounds (VOC) and 
oxides of nitrogen (NO<INF>X</INF>). It does not affect Indiana's 
requirements with respect to ozone monitoring. Indiana remains 
obligated to meeting ozone monitoring requirements and to continue to 
quality-assure monitoring data in accordance with 40 CFR part 58, and 
to enter all data into EPA's air quality system (AQS) in accordance 
with Federal guidelines. EPA and IDEM continue to monitor ozone to 
ensure concentrations remain below the NAAQS.
    Comment: The commenter claimed that not requiring certain areas to 
report ozone emissions can lead to ignored regulations and increased 
pollution. The commenter further noted that, even if an area has good 
air quality, it is still our responsibility to prevent ozone levels 
from becoming worse. The commenter suggested that all municipalities 
involved continue to report ozone levels as if they were not in 
attainment of the ozone standard.
    Response: As discussed previously, this action does not affect 
Indiana's requirements with respect to ozone monitoring. Indiana 
remains obligated to meet ozone monitoring requirements and continue to 
quality assure monitoring data in accordance with 40 CFR part 58, and 
to enter all data into EPA's AQS in accordance with Federal guidelines. 
Further, this does not relieve sources in any of the areas from 
existing controls on ozone precursors. In addition, while sources in 
Lawrenceburg Township in Dearborn County and LaPorte County are no 
longer subject to the emissions reporting requirements of 326 IAC 2-6, 
all areas in the state remain subject to EPA's Air Emission Reporting 
Rule (AERR) under 40 CFR 51, subpart A. The AERR requires states to 
collect and report annual emissions directly to EPA, including 
emissions of all criteria pollutants (and/or precursors) from all 
sources (point, non-point, on-road, and off-road mobile source types) 
regardless of an area's attainment status.
    Comment: The commenter asserted that ozone levels do not currently 
impact the economies of the counties mentioned in this action. The 
commenter expressed the concern, however, that while steel mills play a 
large part in Indiana's economy, providing jobs and stability, they 
also contribute to pollution that threatens Indiana's citizens. The 
commenter further asserted that nitrogen dioxide and ozone pollution 
cost billions of dollars and lead to millions of premature deaths; and 
that, by taking precautionary steps, these costs will be reduced in the 
long run.
    Response: These comments address subjects outside the scope of our 
proposed action. EPA notes, however, that the commenter does not 
explain (or provide a legal basis for) how the final rule should differ 
in any way from the proposed action. That being said, it should be 
reiterated that both EPA and IDEM continue to monitor ozone to ensure 
concentrations remain below the NAAQS.

III. What action is EPA taking?

    EPA is approving the revision to the emission reporting rule, 326 
IAC 2-6-1, into Indiana's SIP, as submitted on July 16, 2020, to 
address the CAA emission statement requirement in section 182(a)(3)(B).

IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of the Indiana 
Regulations described in the amendments to 40 CFR part 52 set forth 
below. EPA has made, and will continue to make, these documents 
generally available through www.regulations.gov, and at the EPA Region 
5 Office (please contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section of this preamble for more information). 
Therefore, these materials have been approved by EPA for inclusion in 
the SIP, have been incorporated by reference by EPA into that plan, are 
fully federally enforceable under sections 110 and 113 of the CAA as of 
the effective date of the final rulemaking of EPA's approval, and will 
be incorporated by reference in the next update to the SIP 
compilation.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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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:
    <bullet> Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
    <bullet> Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
    <bullet> Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
    <bullet> Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using

[[Page 31924]]

practicable and legally permissible methods, under Executive Order 
12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by August 16, 2021. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen dioxide, Ozone, Volatile organic compounds.

    Dated: June 9, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.

    For the reasons stated in the preamble, EPA amends title 40 CFR 
part 52 as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.


0
2. In Sec.  52.770, the table in paragraph (c) is amended by revising 
the entry for ``2-6-1'' under ``Article 2. Permit Review Rules'', 
``Rule 6. Emission Reporting'', to read as follows:


Sec.  52.770  Identification of plan.

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    (c) * * *

                                        EPA-Approved Indiana Regulations
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                                                   Indiana
   Indiana  citation           Subject            effective         EPA approval date              Notes
                                                    date
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                                         Article 2. Permit Review Rules
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                                                  * * * * * * *
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                                           Rule 6. Emission Reporting
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2-6-1.................  Applicability........       4/24/2020  6/16/2021, [INSERT FEDERAL
                                                                REGISTER CITATION].
 
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[FR Doc. 2021-12620 Filed 6-15-21; 8:45 am]
BILLING CODE 6560-50-P


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