[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)]
[Rules and Regulations]
[Pages 53297-53300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19032]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2015-0724; FRL-9950-52-Region 5]


Air Plan Approval; Indiana; Abengoa Bioenergy of Indiana, 
Commissioner's Order

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving a 
revision to the Indiana State Implementation Plan (SIP) submitted by 
the Indiana Department of Environmental Management (IDEM) on October 
16, 2015. The submittal consists of an order issued by the Commissioner 
of IDEM (Commissioner's Order No. 2015-01) approving alternative 
control technology requirements for Abengoa Bioenergy of Indiana 
(Abengoa). These requirements include the use of a carbon adsorption/
absorption hydrocarbon vapor recovery system with a minimum overall 
control efficiency of 98% to control volatile organic compound (VOC) 
emissions from the ethanol loading racks at Abengoa. A continuous 
emissions monitoring system (CEMS) must be used to monitor the carbon 
adsorption/absorption hydrocarbon vapor recovery system for 
breakthrough of VOC emissions. For the reasons discussed below, EPA is 
approving this submittal as a revision to Indiana's SIP.

DATES: This direct final rule will be effective October 11, 2016, 
unless EPA receives adverse comments by September 12, 2016. If adverse 
comments are received, EPA will publish a timely withdrawal of the 
direct final rule in the Federal Register informing the public that the 
rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2015-0724, at http://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

[[Page 53298]]

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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Jenny Liljegren, Physical Scientist, 
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 886-6832, 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. What SIP revision is Indiana requesting and why?
II. What action is EPA taking and why?
III. Incorporation by Reference.
IV. Statutory and Executive Order Reviews.

I. What SIP revision is Indiana requesting and why?

    IDEM requested on October 16, 2015, that EPA approve as a revision 
to the SIP alternative control technology requirements for Abengoa. 
These requirements include the use of a carbon adsorption/absorption 
hydrocarbon vapor recovery system with a minimum overall control 
efficiency of 98% to control VOC emissions from the ethanol loading 
racks at Abengoa. A CEMS must be used to monitor the carbon adsorption/
absorption hydrocarbon vapor recovery system for breakthrough of VOC 
emissions. These requirements are contained in Commissioner's Order No. 
2015-01 issued by the IDEM Commissioner on September 8, 2015.
    In Abengoa's initial construction and operating permit issued by 
IDEM, the ethanol loading racks were subject to the statewide case-by-
case Best Available Control Technology (statewide BACT) determination 
required under SIP-approved Title 326 Article 8 Rule 1-6 of the Indiana 
Administrative Code (326 IAC 8-1-6). The statewide BACT for Abengoa's 
ethanol loading racks was determined to be enclosed flares with a 
minimum overall control efficiency of 98%. Since then, Abengoa has 
modified its plant design, including the ethanol loading racks, and is 
now subject to a newer SIP-approved state rule, 326 IAC 8-5-6, Fuel 
Grade Ethanol Production at Dry Mills, which created an industry-
specific statewide BACT standard and which replaced the statewide case-
by-case BACT rule (326 IAC 8-1-6) for fuel grade ethanol production dry 
mills that have no wet milling operations. EPA approved this rule into 
the SIP on February 20, 2008 (73 FR 9201).
    The three VOC control options under 326 IAC 8-5-6 are: (1) A 
thermal oxidizer with a minimum overall control efficiency of 98% or 
resulting in a VOC concentration of not more than ten (10) parts per 
million (ppm), (2) a wet scrubber with a minimum overall control 
efficiency of 98% or resulting in a VOC concentration of not more than 
twenty (20) ppm, and (3) an enclosed flare with a minimum overall 
control efficiency of 98%. The VOC control options under 326 IAC 8-5-6 
do not include a carbon adsorption/absorption hydrocarbon vapor 
recovery system. Abengoa has opted to use a carbon adsorption/
absorption hydrocarbon vapor recovery system rather than one of the VOC 
control options under 326 IAC 8-5-6. However, like the VOC control 
options under 326 IAC 8-5-6, Abengoa's carbon adsorption/absorption 
system has a minimum overall control efficiency of 98%. IDEM considers 
the system Reasonably Available Control Technology (RACT) under SIP 
rule 326 IAC 8-1-5 (Petition for a site-specific reasonably available 
control technology (RACT) plan).
    As a result, pursuant to 326 IAC 8-1-5, Indiana has issued 
Commissioner's Order No. 2015-01 approving Abengoa's use of this system 
as an alternative site-specific RACT in lieu of the industry-specific 
statewide BACT options under 326 IAC 8-5-6. The carbon adsorption/
absorption system will control VOC emissions at a minimum overall 
control efficiency of 98%, which is the same level of control of the 
industry-specific BACT options under 326 IAC 8-5-6; therefore, there 
will be no relaxation of the emission reduction requirements at Abengoa 
as a result of this SIP revision. As an added benefit, Abengoa's use of 
the carbon adsorption/absorption system is expected to result in fewer 
criteria air pollutant emissions, since, unlike enclosed flares, carbon 
adsorption/absorption does not involve the combustion of natural gas.
    It should be noted that Condition #3 of the ``Conditions of 
Approval'' in Commissioner's Order 2015-01 states: ``The overall 
efficiency for the carbon adsorption/absorption hydrocarbon vapor 
recovery system (C-2101), including the capture efficiency and 
adsorption/absorption efficiency, shall be at least 98%. The Petitioner 
shall demonstrate compliance using methods approved by the department. 
Testing shall be conducted in accordance with the provisions of 326 IAC 
3-6 (Source Sampling Procedures)''. IDEM has confirmed in an email to 
EPA dated June 6, 2016, that this provision requires testing using EPA 
Method 25 (40 CFR part 60, appendix A-7).

II. What action is EPA taking and why?

    EPA is approving the requirements in Commissioner's Order No. 2015-
01 as a revision to the Indiana SIP. This is based on EPA's finding 
that the 98% minimum overall control efficiency adsorption/absorption 
system with a CEMS qualifies as alternative site-specific RACT under 
326 IAC 8-1-5 of the Indiana SIP for Abengoa's ethanol loading racks. 
EPA also finds that this system constitutes statewide BACT under 326 
IAC 8-1-6 of the Indiana SIP in lieu of the industry-specific statewide 
BACT options under 326 IAC 8-5-6 of the Indiana SIP. There will be no 
relaxation of the emission reduction requirements at Abengoa as a 
result of this SIP revision. Since this is not a relaxation, section 
110(l) of the Clean Air Act (CAA) is satisfied and no backsliding is 
occurring as a result of this SIP revision. As an added benefit, 
Abengoa's use of the carbon adsorption/absorption system is expected to 
result in fewer criteria air pollutant emissions, since, unlike 
enclosed flares, carbon adsorption/absorption does not involve the 
combustion of natural gas.
    We are publishing this action without prior proposal because we 
view this as a noncontroversial amendment and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the state plan if relevant adverse 
written comments are filed. This rule will be effective October 11, 
2016 without further notice unless we receive relevant adverse written 
comments by September 12, 2016. If we receive such comments, we will 
withdraw this action before the effective date by publishing a 
subsequent document that will withdraw the final action. All public 
comments received will then be addressed in a subsequent final rule 
based on the proposed action. EPA will not institute a second comment 
period. Any parties interested in commenting on this action should do 
so at this time.

[[Page 53299]]

Please note that if EPA receives adverse comment on an amendment, 
paragraph, or section of this rule and if that provision may be severed 
from the remainder of the rule, EPA may adopt as final those provisions 
of the rule that are not the subject of an adverse comment. If we do 
not receive any comments, this action will be effective October 11, 
2016.

III. 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. Therefore, these materials have been approved by EPA for 
inclusion in the State implementation plan, have been incorporated by 
reference by EPA into that plan, are fully federally enforceable under 
sections 110 and 113 of the CAA as of the effective date of the final 
rulemaking of EPA's approval, and will be incorporated by reference by 
the Director of the Federal Register in the next update to the SIP 
compilation.\1\ EPA has made, and will continue to make, these 
documents generally available through www.regulations.gov and/or at the 
EPA Region 5 Office (please contact the person identified in the ``For 
Further Information Contact'' section of this preamble for more 
information.
---------------------------------------------------------------------------

    \1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    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 October 11, 2016. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: August 1, 2016.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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


0
2. In Sec.  52.770 the table in paragraph (d) is amended by adding a 
new entry for ``Abengoa Bioenergy of Indiana'' to the end of the table, 
to read as follows:


Sec.  52.770  Identification of plan.

* * * * *
    (d) * * *

[[Page 53300]]



                                                     EPA-Approved Indiana Source-Specific Provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
             CO date                       Title               SIP rule                   EPA approval                           Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
9/8/2015.........................  Abengoa Bioenergy of  N.A................  8/12/2016, [Insert Federal Register   Alternative control technology
                                    Indiana.                                   citation].                            requirements.
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2016-19032 Filed 8-11-16; 8:45 am]
BILLING CODE 6560-50-P