[Federal Register Volume 81, Number 248 (Tuesday, December 27, 2016)]
[Proposed Rules]
[Pages 95080-95081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31045]



[[Page 95080]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2016-0328 FRL-9957-17-Region 5]


Air Plan Approval; Indiana; Emissions Statements Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the emissions statements rule in the Indiana State 
Implementation Plan (SIP). These revisions, if approved, would extend 
Indiana's emissions statements regulations to Lawrenceburg Township, 
Dearborn County in order to be consistent with Clean Air Act (CAA) 
requirements for the 2008 ozone National Ambient Air Quality Standards 
(NAAQS). These revisions also include minor formatting changes. The 
Indiana Department of Environmental Management (IDEM) submitted these 
revisions to EPA on November 18, 2016.

DATES:  Comments must be received on or before January 26, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2016-0328 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 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: Eric Svingen, Environmental Engineer, 
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 353-4489, 
[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. Background
II. Indiana's Submittal
III. EPA's Analysis of Indiana's Submittal
IV. What action is EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. Background

    Section 182(a)(3)(B) of the CAA mandates that each state to submit 
a revision to its SIP to require that the owner or operator of each 
applicable stationary source of nitrogen oxides (NOX) or 
volatile organic compounds (VOCs) provide annual emissions statements 
to the state showing the actual emissions of these pollutants from that 
source. This requirement applies in all ozone nonattainment areas to 
any source emitting at least 25 tons per year of VOCs or 
NOX.
    As EPA has promulgated more stringent NAAQS for ozone, additional 
areas in Indiana have been designated as nonattainment. Subsequently, 
some of these areas later demonstrated attainment and EPA redesignated 
them accordingly. Indiana has historically satisfied Section 
182(a)(3)(B) requirements by submitting SIP revision requests that 
apply the emissions statements rule to contemporaneous ozone 
nonattainment areas.
    On June 10, 1994 (59 FR 29953), EPA determined that Indiana 
regulation 326 IAC 2-6 (``Emission Reporting'') satisfied the 
requirements of CAA Section 182(a)(3)(B) for nonattainment areas under 
the 1979 ozone NAAQS, and approved it into Indiana's SIP. On October 
29, 2004 (69 FR 63069), EPA approved into Indiana's SIP a revised 
version of the applicability section at 326 IAC 2-6-1, which limited 
the emissions statements rule to only Lake and Porter counties. On 
March 29, 2007 (72 FR 14681), EPA approved into Indiana's SIP a revised 
version of 326 IAC 2-6 that extended the emissions statements rule to 
LaPorte County, which had been designated nonattainment under the 1997 
ozone NAAQS.
    On May 21, 2012, EPA published designations under the 2008 ozone 
NAAQS for most areas in the United States (77 FR 30088). In Indiana, 
only the portion of Dearborn County that is within Lawrenceburg 
Township was designated nonattainment. On June 11, 2012, EPA published 
designations under the 2008 ozone NAAQS for the remaining areas in the 
United States (77 FR 34221). In Indiana, Lake and Porter counties were 
added to the list of Indiana designated nonattainment areas. Lake and 
Porter counties have been subject to federally-enforceable emissions 
statements requirements since EPA approved the original version of 326 
IAC 2-6 into Indiana's SIP in 1994; therefore, Indiana's only remaining 
obligation under Section 182(a)(3)(B) with regard to the 2008 ozone 
NAAQS is to submit a SIP revision applying emissions statements 
requirements to Lawrenceburg Township in Dearborn County.

II. Indiana's Submittal

    On November 18, 2016, IDEM submitted to EPA revisions to 326 IAC 2-
6-1, and requested that EPA approve these revisions into Indiana's SIP. 
IDEM opened a public comment period lasting from April 27, 2016, to May 
27, 2016, and held a public hearing on August 10, 2016; no comments 
were received. Also on August 10, 2016, the revisions were approved by 
Indiana's Air Pollution Control Board. The revisions were filed with 
the Indiana Register on October 21, 2016, and published in the Indiana 
Register on November 16, 2016.
    In its submittal, Indiana is revising and submitting only three 
changes to 326 IAC 2-6-1. First, Indiana is making a minor formatting 
change that more clearly references part 70 (title V of the CAA) 
permitting rules under 326 IAC 2-7. Second, Indiana is adding 
Lawrenceburg Township, Dearborn County to the applicability section. 
Third, Indiana is making another minor formatting change that more 
clearly references additional information requests under 326 IAC 2-6-5. 
The remaining portions of 326 IAC 2-6, versions of which were last 
approved into Indiana's SIP in 2004 or 2006, are unchanged in this 
revision.

III. EPA's Analysis of Indiana's Submittal

    Indiana's revised version of 326 IAC 2-6-1 appropriately extends 
the emissions statements rule to Lawrenceburg Township, Dearborn 
County. This change is consistent with EPA's Section 182(a)(3)(B) 
requirements. The revised rule also contains minor formatting changes 
that clarify references to related rules.

[[Page 95081]]

IV. What action is EPA taking?

    EPA is proposing to approve the revisions to 326 IAC 2-6-1 into 
Indiana's SIP.

V. Incorporation by Reference

    In this rulemaking, 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 the revised IDEM rule at 326 IAC 2-6-1 filed with the Indiana 
Register on October 21, 2016, regarding the emissions statements rule 
and discussed in section II of this rulemaking. 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).

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

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

    Dated: December 12, 2016.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
[FR Doc. 2016-31045 Filed 12-23-16; 8:45 am]
 BILLING CODE 6560-50-P