[Federal Register Volume 59, Number 111 (Friday, June 10, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14078]


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[Federal Register: June 10, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IN31-1-5934; FRL-4888-2]

 

Approval and Promulgation of Implementation Plan; Indiana

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The United States Environmental Protection Agency (USEPA) is 
approving the State Implementation Plan (SIP) revision request adopted 
by the Indiana Pollution Control Board on July 21, 1993, and formally 
submitted by the state of Indiana on January 6, 1994, for the purpose 
of implementing an emission statement program for stationary sources 
within the ozone nonattainment counties of Clark, Elkhart, Floyd, Lake, 
Marion, Porter, St. Joseph, and Vanderburgh. The implementation plan 
was submitted by the state to satisfy the Federal requirements for an 
emission statement program as part of the SIP for Indiana.

EFFECTIVE DATE: This final rule will be effective August 9, 1994 unless 
notice is received by July 11, 1994 that someone wishes to submit 
adverse comments. If the effective date is delayed, timely notice will 
be published in the Federal Register.

ADDRESSES: Comments on this action should be addressed to: J. Elmer 
Bortzer, Chief, Regulation Development Section, Regulation Development 
Branch (AR-18J), U.S. Environmental Protection Agency, 77 West Jackson 
Boulevard, Chicago, Illinois 60604.
    Copies of the requested SIP revision, technical support documents 
and public comments received are available at the following address: 
U.S. Environmental Protection Agency, Region 5, Air and Radiation 
Division, 77 West Jackson Boulevard (AR-18J), Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT: Hattie Geisler, Regulation Development 
Section (AR-18), Regulation Development Branch, U.S. Environmental 
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604, 
(312) 886-3199. Anyone wishing to come to Region 5 offices should 
contact Hattie Geisler first. Reference File IN31-1-5934.
    A copy of this revision to the Indiana SIP is available for 
inspection at: Office of Air and Radiation (OAR), Docket and 
Information Center (Air Docket 6102), room M1500, U.S. Environmental 
Protection Agency, 401 M Street, SW., Washington, DC 20460, (202) 260-
7548.

SUPPLEMENTARY INFORMATION:

I. Summary of State Submittal

    On July 21, 1993, the Indiana Pollution Control Board adopted and 
on January 6, 1994, the Indiana Department of Environmental Management 
(IDEM) formally submitted to the USEPA a request to approve the July 
21, 1993, adopted emission statement regulations, codified as 326 IAC 
2-6. This submission addresses the emission statement requirements 
which are found in section 182(a)(3)(B) of the Clean Air Act (Act), as 
amended (1990 Amendments).
    Section 182(a)(3)(B) of the Act states that, within 2 years after 
the enactment of the Act, states with ozone nonattainment areas 
(classified as marginal or worse) must submit revisions to their SIPs 
to require the owners or operators of stationary sources of Volatile 
Organic Compounds (VOC) or Oxides of Nitrogen (NOX) to provide the 
states with statements, in a form acceptable to the USEPA, showing 
actual emissions of NOX and/or VOC from the sources. The first 
emission statements must be submitted within 3 years of the enactment 
of the Act. Subsequent statements are to be submitted annually 
thereafter. These statements must contain certifications of accuracy.
    Section 182(a)(3)(B)(ii) of the Act specifies that the states may 
waive the requirements for emission statements for any class or 
category of sources which emit less than 25 tons per year if the 
states, through the submission of base year emission inventories or 
periodic emission inventories (required to be submitted to the USEPA 
every three years), provide for the reporting of the emissions from the 
exempted source classes or categories and emissions are determined 
using emission factors acceptable to the USEPA.

II. Analysis of State Submittal

    The criteria used to review the submitted SIP revisions are found 
in USEPA's draft Guidance on the Implementation of an Emission 
Statement Program, (July 1992). It should be noted that this guideline 
has not been finalized, but does provide current USEPA guidance on the 
contents of emission statements and on the states' use of emission 
statements. For this reason, the July 1992 draft guidance has been used 
for the technical review of this submission. It should be noted that 
the USEPA intends to incorporate the guidelines contained in the July 
1992 guidance into the Code of Federal Regulations in the near future.
    The July 1992 guidance describes the following requirements for 
emission statement SIP revisions:
    1. Regardless of what minimum emission reporting level is 
established, if either VOC or NOX is emitted at or above the 
established minimum reporting level, the emissions of both VOC and 
NOX should be reported;
    2. The emission statements should, at minimum, include the 
following data:
    a. Certification of data accuracy; to be made by an officer of the 
reporting company who will take legal responsibility for the accuracy 
of the reported data;
    b. Source identification information;
    c. Operating schedules;
    d. Emissions information, including both annual and typical ozone 
season daily emissions;
    e. Control equipment information; and
    f. Process data.
    3. States must incorporate the emission statement data into an 
annual point source emissions submittal to the USEPA. This annual 
emissions submittal is first due to the USEPA by July 1, 1993;
    4. In addition to the submittal of emission statements and the 
annual point source emissions report, the USEPA is also requesting that 
states submit an Emissions Statement Status Report (ESSR) beginning by 
July 1, 1993. The ESSR is to be submitted quarterly each year until all 
applicable sources have submitted emission statements. The ESSR should 
individually list the source facilities that are delinquent in 
submitting emission statements. The ESSR should also include the total 
annual and typical ozone season day emissions from all source 
facilities submitting emission statements prior to the ESSR submittal;
    5. States are required to use the data collected through the 
emission statement program to annually update the facility-specific 
data contained in the Aerometric Information Retrieval System (AIRS) by 
July 1st of each year; and
    6. States must commit to retain emission statement data and 
submittals for a period of at least three years.
    Indiana's submittal contains the adopted regulations that will 
apply to source facilities and that specify what data are to be 
submitted. The remainder of this technical review will be dedicated to 
reviewing the contents and technical merits of the state's adopted 
regulations and the accompanying state commitments.
    As noted above, the emission statement regulations are codified as 
326 IAC 2-6. The provisions of the regulations are outlined as follows:

Applicability

    The emission statement regulations are applicable to all sources of 
VOC or NOX with the potential to emit 10 tons per year or more of 
VOC or NOX in the Counties of: Clark, Elkhart, Floyd, Lake, 
Marion, Porter, St. Joseph, and Vanderburgh. The regulations are also 
applicable to sources of Carbon Monoxide (CO), VOC, NOX, 
Particulate Matter (PM), and Sulfur Dioxide (SO2) which have the 
potential to emit 100 tons per year or more and to sources of Lead (Pb) 
which have the potential to emit 5 tons per year or more in the State 
of Indiana. If the emissions from a facility surpass the emission 
cutoff for any of these pollutants, the emissions of all the named 
pollutants must be addressed in the submitted emission statement.

Definitions

    The definitions in 326 IAC 2-6 applicable to the emission statement 
regulations and of greatest relevance to the emission statement 
regulations are summarized here.
    Actual emissions means the actual rate of emissions of a pollutant 
from an emissions unit for the calendar year or seasonal period.
    Annual process rate means the actual or estimated annual fuel, 
process, or solid waste operating rate in an emission statement 
operating year.
    Certifying individual means the individual responsible for the 
completion and certification of the emission statement, such as an 
officer of the company or an employee, who will take legal 
responsibility for the accuracy of the emission statement.
    Control efficiency means the actual emission control efficiency 
achieved by the applicable emission control device(s) during the 
emission statement operating year. The control efficiency must reflect 
control equipment downtime, operation with diminished effectiveness, 
and any other malfunctions that occurred while the emission source(s) 
were in operation. If the actual control efficiency during the emission 
statement operating year is unknown or cannot reasonably be predicted 
from available data, then the efficiency designed by the manufacturer 
may be used. When the actual control efficiency is unknown, it should 
be clearly indicated that the design efficiency, and not the actual 
efficiency, is being reported.
    Control equipment identification code means the AIRS or AIRS 
Facility Subsystem (AFS) code which defines the equipment used to 
reduce by destruction or removal the amount of air pollutant in an air 
stream prior to discharge to the ambient air.
    Downtime means the period of time when the control device is not 
operational during the corresponding period of the process.
    Emission factor means an estimate of the rate at which a pollutant 
is released to the atmosphere as the result of some activity, divided 
by the rate of that activity, such as production rate or throughput.
    Emission statement operating year means the 12 consecutive month 
time period starting December 1 and ending November 30 for those 
sources located in Clark, Elkhart, Floyd, Lake, Marion, Porter, St. 
Joseph, or Vanderburgh Counties with the potential to emit VOC or 
NOX into the ambient air at levels equal to or greater than 10 
tons per year, or the 12 consecutive month time period starting January 
1 and ending December 31 for all other sources to which the emission 
statement regulations apply (see the discussion of applicability 
above).
    Estimated emissions method code means a one position (one 
character) AIRS or AFS code which identifies the estimation technique 
used in the calculation of estimated emissions.
    Fugitive emission means releases to the air that are not emitted 
through stacks, vents, ducts, pipes, or any other confined air stream. 
Fugitive emissions include equipment leaks, evaporative losses from 
surface impoundments, and releases from building ventilation systems.
    Peak ozone season means the contiguous three-month period of the 
year from June through August.
    Percentage annual throughput means:
    1. The weighted percent of yearly activity for those sources 
located in Clark, Elkhart, Floyd, Lake, Marion, Porter, St. Joseph, or 
Vanderburgh Counties with the potential to emit VOC or NOX into 
the ambient air at levels equal to or greater than 10 tons per year and 
for the following periods:
    a. December through February;
    b. March through May;
    c. June through August; and
    d. September through November.
    2. The weighted percent of yearly activity for all other sources to 
which the emission statement regulations apply for the following 
periods:
    a. January through March;
    b. April through June;
    c. July through September; and
    d. October through December.
    Plant means the total facilities available for production or 
service.
    Point means a physical emission point or process, such as a 
distinct building or a portion of a building, within a plant that 
results in pollutant emissions.
    Process rate means a quantity per unit of time of any raw material 
or process intermediate consumed, or product generated through the use 
of any equipment, source operation, or process. For a stationary 
internal combustion unit or any other fuel burning equipment, this term 
means the quantity of fuel burned per unit time.
    Segment means components of an emissions point or process, at the 
level that emissions are calculated.
    SIC code means the standard industrial classification code.
    Stack means a (smoke) stack or vent within a plant where emissions 
are introduced into the atmosphere.
    Stationary source means any building, structure, facility, or 
installation which emits, or may emit, any air pollutant subject to 
regulation under Indiana Code 13-1-1 (IC 13-1-1).
    Typical ozone season day means a day typical of that period of the 
year during the peak ozone season.

Compliance Schedule

    The owner or operator of any source facility located in Clark, 
Elkhart, Floyd, Lake, Marion, Porter, St. Joseph, or Vanderburgh 
Counties with the potential to emit VOC or NOX into the ambient 
air at levels equal to or greater than 10 tons per year must annually 
submit an emission statement to the Commissioner (of IDEM) by April 15. 
The owners or operators of other sources to which the emission 
statement regulations apply must annually submit an emission statement 
to the Commissioner by July 1. The submittals must cover the time 
periods covered under the definition of ``emission statement operating 
year.''

Requirements

    The emission statement submitted by each applicable facility must 
contain the following information:
    1. Certification that the information contained in the emission 
statement is accurate to the best knowledge of the individual 
certifying the emission statement. The certification must include the 
full name, title, signature, date of signature, and telephone number of 
the certifying individual. The certifying individual shall be employed 
by the company and shall take legal responsibility for the accuracy of 
the emission statement;
    2. Source identification information including: (a) The full name, 
physical location, and mailing address of the facility; (b) source 
latitude and longitude; and (c) SIC code(s);
    3. Operating data, to include the following:
    a. Percent annual throughput by quarter:
    i. For those sources of VOC or NOX with the potential to emit 
equal to or more than 10 tons per year of VOC or NOX in the 
Counties of: Clark; Elkhart; Floyd; Lake; Marion; Porter; St. Joseph; 
and Vanderburgh, the quarters are defined as follows:
    (AA) December through February;
    (BB) March through May;
    (CC) June through August;
    (DD) September through November;
    ii. For all other sources subject to the emission statement rule, 
the quarters are defined as follows:
    (AA) January through March;
    (BB) April through June;
    (CC) July through September;
    (DD) October through December;
    b. For those sources of VOC or NOX with the potential to emit 
equal to or greater than 10 tons per year of VOC or NOX in the 
Counties of: Clark; Elkhart; Floyd; Lake; Marion; Porter; St. Joseph; 
and Vanderburgh, the days per week on both the normal operating 
schedule and on a typical ozone season week, if different from the 
normal operating schedule. The peak ozone season for Indiana is June 
through August;
    c. For all other sources (other than those in (b) above) subject to 
the emission statement rule, the days per week of the normal operating 
schedule;
    d. Hours per day during the normal operating schedule;
    e. Hours per year during the normal operating schedule;
    f. For those sources of VOC or NOX with the potential to emit 
equal to or greater than 10 tons per year of VOC or NOX in the 
Counties of: Clark; Elkhart; Floyd; Lake; Marion; Porter; St. Joseph; 
and Vanderburgh, the weeks of operation during the peak ozone season;
    g. Annual fuel or process weight and units used;
    4. Emissions information including:
    a. For those sources of VOC or NOX with the potential to emit 
equal to or greater than 10 tons per year of VOC or NOX in the 
Counties of: Clark; Elkhart; Floyd; Lake; Marion; Porter; St. Joseph; 
and Vanderburgh, the estimated actual VOC and NOX emissions at the 
segment level, in tons per year for an annual emission rate and pounds 
per day for a typical ozone season day. Actual emission estimates must 
include upsets, downtime, and fugitive emissions;
    b. For all other sources (other than those in (a) above) subject to 
the emission statement rule, the estimated actual VOC, NOX, CO, 
SO2, Pb, or PM emissions at the segment level, in tons per year for an 
annual emission rate. Actual emission estimates must include upsets, 
downtime, and fugitive emissions;
    c. AIRS facility subsystem estimated emissions method code;
    d. Calendar year for the emissions;
    e. Emission factor if used. If the emissions were calculated using 
an emission factor, the emission factor must:
    i. Be one established in AP-42, ``Compilation of Air Pollutant 
Emission Factors'', Volume 1, Fourth Edition, September 1985; or
    ii. In the alternative, the source may substitute site specific 
values for those listed in AP-42 if these site specific values are 
accepted by the IDEM and the USEPA;
    f. Source Classification Code number;
    5. Control equipment information including: (a) Current primary and 
secondary AFS control equipment identification codes; and (b) current 
control equipment efficiencies reflecting the total control 
efficiencies from all control equipment and including the effects of 
downtime and maintenance degradation. If the control efficiency is 
unavailable, the design control efficiency or the control efficiency 
limit imposed by a permit must be specified;
    6. Process rate data (in units prescribed in the AIRS facility 
subsystem source classification code table) including:
    a. Annual process rates; and
    b. For those sources of VOC or NOX with the potential to emit 
equal to or greater than 10 tons per year of VOC or NOX in the 
Counties of: Clark; Elkhart; Floyd; Lake; Marion; Porter; St. Joseph; 
and Vanderburgh, peak ozone season daily process rates.
    In addition to the requirements of the emission statement 
regulations, the emission statement SIP revision submittal also 
contains IDEM commitments to the following:
    1. IDEM will update the AIRS facility subsystem using the annual 
emissions report data. The data required by the Act will be entered 
into AIRS by July 1st each year. The data required by 40 CFR part 51 
will be updated into AIRS by September 1 of each year.
    2. IDEM will retain the annual emission reports on file for at 
least 3 years.
    3. IDEM will develop and submit to the USEPA a status report that 
outlines the degree of compliance with the emission statement program. 
IDEM will report quarterly to the USEPA, the total number of sources 
affected by the emission statement regulations, the number of sources 
that have complied with the emission statement regulations, and the 
number of sources that have not. The status report will also include 
the total annual and typical ozone season day emissions from all 
reporting VOC and NOX sources located in Clark, Elkhart, Floyd, 
Lake, Marion, Porter, St. Joseph, and Vanderburgh Counties, both 
corrected and non-corrected for rule effectiveness. Sources that are 
delinquent in submitting their emission statements will be individually 
listed if they emit 500 tons per year or more of VOC or 2,500 tons per 
year or more of NOX. The quarterly status reports will be 
submitted July 1, October 1, January 1, and April 1 of each year.

III. Final Action

    IDEM's adopted annual emissions reporting regulations submitted on 
January 6, 1994, are acceptable under section 182(a)(3)(B) of the Act 
and USEPA's draft guidelines.
    Because USEPA considers today's action noncontroversial and 
routine, we are approving it today without prior proposal. The action 
will become effective on August 9, 1994. However, if we receive notice 
by July 11, 1994 that someone wishes to submit adverse comments, then 
USEPA will publish: (1) A document that withdraws the action; and (2) a 
document that begins a new action by proposing the action and 
establishing a comment period.
    Nothing in this action should be construed as permitting, allowing 
or establishing a precedent for any future request for revision to any 
SIP. USEPA shall consider each request for revision to the SIP in light 
of specific technical, economic, and environmental factors and in 
relation to relevant statutory and regulatory requirements.
    This has been classified as a Table 2 action by the Regional 
Administrator under procedures published in the Federal Register on 
January 19, 1989, (54 FR 2214-2225), as revised by an October 4, 1993, 
memorandum from Michael H. Shapiro, Acting Assistant Administrator for 
Air and Radiation. A future document will inform the general public of 
these tables. On January 6, 1989, the Office of Management and Budget 
(OMB) waived Table 2 and Table 3 SIP revisions (54 FR 2222) from the 
requirements of section 3 of Executive Order 12291 for 2 years. The 
USEPA has submitted a request for a permanent waiver for Table 2 and 
Table 3 SIP revisions. The OMB has agreed to continue the waiver until 
such time as it rules on USEPA's request. This request continues in 
effect under Executive Order 12866 which superseded Executive Order 
12291 on September 30, 1993.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., USEPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. (5 U.S.C. 603 and 604.) 
Alternatively, USEPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    SIP approvals under section 110 and subchapter I, part D of the Act 
do not create any new requirements, but simply approve requirements 
that the State is already imposing. Therefore, because the Federal SIP 
approval does not impose any new requirements, I certify that it does 
not have a significant impact on any small entities affected. Moreover, 
due to the nature of the Federal-State relationship under the Act, 
preparation of a regulatory flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of State action. The 
Act forbids the USEPA to base its actions concerning SIPs on such 
grounds. Union Electric Co. v. USEPA 427 U.S. 246, 256-66 (S.Ct. 1976); 
42 U.S.C. 7410(a) (2).
    Under section 307(b)(1) of the Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by August 9, 1994. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule 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, Intergovernmental relations, Carbon monoxide, Volatile 
organic compounds, Particulate matter, Sulfur dioxide.

    Dated: April 26, 1994.
Robert Springer,
Acting Regional Administrator.

    For the reasons stated in the preamble, chapter I, title I of the 
Code of Federal Regulations is amended as follows:

PART 52--[AMENDED]

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

    Authority: 42 U.S.C. 7401-7671q.

Subpart P--Indiana

    2. Section 52.770 is amended by adding paragraph (c)(91) to read as 
follows:


Sec. 52.770  Identification of plan.

* * * * *
    (c) * * *
    (91) On January 6, 1994, the State of Indiana submitted a requested 
revision to the Indiana State Implementation Plan (SIP) intended to 
satisfy the requirements of section 182(a)(3)(B) of the Clean Air Act 
as amended in 1990. Included were State rules establishing procedures 
for the annual reporting of emissions of volatile organic material 
(VOM) and oxides of nitrogen (NOx) as well as other regulated air 
pollutants by stationary sources in ozone nonattainment areas.
    (i) Incorporation by reference.
    (A) Title 326 of the Indiana Administrative Code (326IAC) 2-6 which 
was adopted by the Indiana Air Pollution Control Board, effective 
December 13, 1993.

[FR Doc. 94-14078 Filed 6-9-94; 8:45 am]
BILLING CODE 6560-50-P