[Federal Register Volume 82, Number 66 (Friday, April 7, 2017)]
[Rules and Regulations]
[Pages 16934-16938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06897]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2016-0370; EPA-R05-OAR-2016-0371; FRL-9960-90-Region 5]


Air Plan Approval; Indiana; Base Year Emissions Inventory and 
Emissions Statement Rule Certification for Lake and Porter Counties for 
the 2008 Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving two 
State Implementation Plan (SIP) submissions from the Indiana Department 
of Environmental Management (IDEM), both dated June 15, 2016. The first 
addresses emissions inventory requirements for the Indiana portion of 
the Chicago-Naperville, Illinois-Indiana-Wisconsin (IL-IN-WI) ozone 
nonattainment area under the 2008 ozone National Ambient Air Quality 
Standard (NAAQS). The Clean Air Act (CAA) requires emissions 
inventories for all ozone nonattainment areas. The documented emissions 
inventory included in Indiana's June 15, 2016, submission meets this 
CAA requirement. The second submission provides Indiana's certification 
that its existing Emissions Reporting Rule, previously approved by EPA 
under a prior ozone standard, satisfies the CAA emissions statement 
rule requirement for Lake and Porter Counties under the 2008 ozone 
standard.

DATES: This direct final rule will be effective June 6, 2017, unless 
EPA receives adverse comments by May 8, 2017. If adverse comments are 
received by EPA, 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-2016-0370 (Emissions Statement) or by Docket ID No. EPA-R05-OAR-
2016-0371 (Emissions Inventory) 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

[[Page 16935]]

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: Kathleen D'Agostino, Attainment 
Planning and Maintenance Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, 312-886-1767, [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. The 2008 Ozone NAAQS Emissions Inventory and Emissions Statement 
Rule Requirements
II. Indiana's Emissions Inventory
III. Indiana's Emissions Statement Rule Certification
IV. EPA's Evaluation
V. Final Action
VI. Statutory and Executive Order Reviews

I. The 2008 Ozone NAAQS Emissions Inventory and Emissions Statement 
Rule Requirements

    On March 12, 2008, EPA promulgated a revised 8-hour ozone NAAQS of 
0.075 parts per million (ppm). See 73 FR 16436 (March 27, 2008). On 
July 20, 2012, EPA designated nonattainment areas for the 2008 ozone 
NAAQS (77 FR 30088, May 21, 2012, and 77 FR 34221, June 11, 2012). The 
Chicago-Naperville, IL-IN-WI area was designated as a marginal 
nonattainment area for the 2008 ozone NAAQS. The Indiana portion of 
this ozone nonattainment area consists of Lake and Porter Counties.

A. Emissions Inventories

    CAA sections 172(c)(3) and 182(a)(1), 42 U.S.C. 7502(c)(3) and 
7511a(a)(1), require states to develop and submit, as SIP revisions, 
comprehensive, accurate, and complete emissions inventories for all 
areas designated as nonattainment for the ozone NAAQS. An emissions 
inventory for ozone is an estimation of actual emissions of air 
pollutants that contribute to the formation of ozone in an area. Ozone 
is a gas that is formed by the reaction of Volatile Organic Compounds 
(VOC) and Oxides of Nitrogen (NOX) in the atmosphere in the 
presence of sunlight (VOC and NOX are referred to as ozone 
precursors). Therefore, an emissions inventory for ozone covers the 
emissions of VOC and NOX within an ozone nonattainment area. 
VOC is emitted by many types of pollution sources, including power 
plants, industrial sources, on-road and off-road mobile sources, 
smaller stationary sources, collectively referred to as area sources, 
and biogenic sources.\1\ NOX is primarily emitted by 
combustion sources, both stationary and mobile.
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    \1\ Biogenic emissions are produced by living organisms and are 
typically not included in the base year emission inventories, but 
are considered in ozone modeling analyses, which must consider all 
emissions in a modeled area.
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    The emissions inventory provides emissions data for a variety of 
air quality planning tasks, including establishing baseline emission 
levels for calculating emission reduction targets needed to attain the 
NAAQS and for calculating emission reduction targets needed to meet 
Reasonable Further Progress (RFP) requirements, determining emission 
inputs for ozone air quality modeling analyses, and tracking emissions 
over time to determine progress toward achieving air quality and 
emission reduction goals. As stated above, the CAA requires the states 
to submit emissions inventories for areas designated as nonattainment 
for ozone.
    For the 2008 ozone NAAQS, EPA has recommended that states use 2011 
as a base year for the emissions estimates (78 FR 34178, 34190, June 6, 
2013). However, EPA also allows states to submit base year emissions 
for other years during a recent ozone standard violation period. States 
are required to submit estimates of VOC and NOX emissions 
for four general classes of anthropogenic sources in their emissions 
inventories: Stationary point sources; area sources; on-road mobile 
sources; and off-road mobile sources.

B. Emissions Statement Rules

    Section 182(a)(3)(B) of the CAA requires states with ozone 
nonattainment areas to submit revisions to their SIP to require the 
owner or operator of each major stationary source of NOX or 
VOC to provide the state with an annual statement documenting the 
actual emissions of NOX and VOC from their source. Under 
section 182(a)(3)(B)(ii), a state may waive the emissions statement 
requirement for any class or category of stationary sources which emits 
less than 25 tons per year of VOC or NOX if the state, in 
its base year emissions inventory, provides an inventory of emissions 
from such class or category of sources. States and EPA have generally 
interpreted this waiver provision to apply to sources (without 
specification of a specific source class or source category) emitting 
less than 25 tons per year of VOC or NOX.
    Many states adopted these emissions statement rules for the 1-hour 
ozone NAAQS. For these states, EPA is accepting certifications that 
their previously adopted emissions statement rules remain in place and 
are adequate to meet the emissions statement rule requirement under the 
2008 ozone standard.

II. Indiana's Emissions Inventory

    On June 15, 2016, IDEM submitted an ozone redesignation request for 
Lake and Porter Counties for the 2008 ozone NAAQS. Included in this 
request was documentation of a 2011 VOC and NOX base year 
emissions inventory for Lake and Porter Counties intended to meet the 
emissions inventory requirement of CAA section 182(a)(1). Preliminary 
monitoring data for 2016 indicates that the Chicago-Naperville, IL-IN-
WI area is violating the 2008 ozone standard with 2014-2016 data. 
Therefore, EPA is not taking action on the ozone redesignation request 
portion of this June 15, 2016, submittal at this time. We are, however, 
proceeding with rulemaking on the base year VOC and NOX 
emissions inventory portion of the submittal.
    Table 1 summarizes the 2011 VOC and NOX emissions for 
Lake and Porter Counties in units of tons of emissions per ozone season 
\2\ day documented in Indiana's submittal.
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    \2\ The ozone season is the portion of the year in which high 
ozone concentrations may be expected in a given area. For Lake and 
Porter Counties, the ozone season is March through October.

                           Table 1--Lake and Porter Counties 2011 Emissions Inventory
                                           [Tons per ozone season day]
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                   County                              Source Category                  NOX             VOC
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Lake.......................................  Electric Generating Unit (EGU).....           24.62            0.44

[[Page 16936]]

 
Lake.......................................  Non-EGU Point Source...............           43.10           15.39
Lake.......................................  Area Source........................            5.80           12.54
Lake.......................................  On-Road Mobile.....................           24.01            8.89
Lake.......................................  Non-Road Mobile....................            8.07            7.55
Porter.....................................  EGU................................            5.53            0.19
Porter.....................................  Non-EGU Point Source...............           23.36            1.68
Porter.....................................  Area Source........................            3.89            5.53
Porter.....................................  On-Road Mobile.....................           10.02            3.71
Porter.....................................  Non-Road Mobile....................            4.62            6.64
                                                                                 -------------------------------
    Totals.................................  ...................................          153.02           62.56
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    Indiana estimated emissions for all source categories, except on-
road mobile sources, using annual emissions data contained in EPA's 
2011 National Emissions Inventory (NEI) database. To document the 
derivation of these emissions data, IDEM included EPA's ``Technical 
Support Document (TSD) Preparation of Emissions Inventories for the 
Version 6.2 2011 Emissions Modeling Platform'' (August 2015) in the 
June 15, 2016, submittal. The Ozone NAAQS Emissions Modeling Platform 
(2011v6.2) was used by EPA to collect or estimate emissions data for 
the 2011 NEI.
    For point sources (EGUs and non-EGUs), IDEM calculates and stores 
emissions data annually in the state's Emissions Inventory Tracking 
System (EMITS) and annually collects such data through Indiana's 
Emissions Statement program. The point source data for 2011 were 
submitted through the Emissions Inventory System (EIS) gateway to the 
2011 NEI. The EPA has supplemented the point source data in the 2011 
NEI using emissions data from other databases, such as the Clean Air 
Markets emissions database.
    The area source emissions in the 2011 NEI were developed by the 
EPA, with comments provided by the states.
    Non-road mobile source emissions data were developed by the EPA 
using the National Mobile Inventory Model (NMIM).
    On-road mobile source emissions were supplied by the Northwest 
Indiana Regional Planning Commission (NIRPC) and were developed using 
EPA's Motor Vehicle Emission Simulator, version 2014 (MOVES2014), 
emissions model and traffic data provided by the Indiana Department of 
Transportation (INDOT).
    All annual emissions data were temporally allocated to ozone season 
days using temporal files found in EPA's Modeling Clearinghouse, http://www3.eap.gov/ttn/chief/emch/index.html.
    It is noted that, in addition to documenting county emissions 
totals, IDEM has also listed VOC and NOX emissions by Source 
Classification Code (SCC) and emissions from specific major source 
facilities (point sources).

III. Indiana's Emissions Statement Rule Certification

    On June 15, 2016, through a separate submittal, IDEM submitted a 
certification letter confirming that Indiana's existing Emissions 
Reporting Rule is currently being implemented and is adequate to meet 
the CAA section 182(a)(3)(B) emissions reporting requirement. IDEM 
noted that the Emissions Reporting Rule, 326 Indiana Administrative 
Code (IAC) 2-6, was adopted by Indiana's Air Pollution Control Board 
(APCB) on December 3, 2003. This rule is part of Indiana's SIP. The 
rule requires sources located in Lake and Porter Counties that emit 
either NOX or VOC equal to or greater than 25 tons per year 
to annually report their actual emissions to IDEM.
    IDEM has certified in its June 15, 2016, letter that 326 IAC 2-6 
satisfies CAA section 182(a)(3)(B) emissions reporting requirements for 
Lake and Porter Counties for the 2008 ozone NAAQS. Included with the 
certification letter is a copy of rule 326 IAC 2-6.

IV. EPA's Evaluation

A. Emissions Inventory

    In accordance with sections 172(c)(3) and 182(a)(1) of the CAA, 
Indiana's submittal contains a comprehensive, accurate, and current 
inventory of actual VOC and NOX emissions for all relevant 
sources in Lake and Porter Counties. The state documented the general 
procedures used to estimate the ozone season day emissions for each of 
the major source categories and for SCCs and point source facilities. 
IDEM provided detailed model input data used to derive on-road 
emissions. The documentation of the emissions estimation procedures and 
data sources has been determined to be adequate.
    IDEM has submitted evidence that it provided the public with an 
opportunity to request a public hearing and to comment on the material 
contained in the June 15, 2016, submittal. A public hearing was not 
requested and IDEM received no comments on the submission. Therefore, 
the state has complied with public notice and review requirements of 
the CAA.
    Based on the adequacy of the emissions inventories documentation 
and on the evidence that the public has been given an opportunity to 
comment on the emissions inventories, the base year emissions 
inventories are approvable.

B. Emissions Statement Rule

    EPA approved Indiana's emissions statement rule, 326 IAC 2-6, into 
the Indiana SIP on March 27, 2007 (72 FR 14678), and it is currently 
being implemented. The rule requires sources of VOC and NOX 
in Lake and Porter Counties to annually report these emissions to the 
state if the sources emit VOC or NOX equaling or exceeding 
25 tons per year. In addition, it is noted that Indiana typically 
reports point source emissions to the NEI with source cutoffs well 
below 25 tons per year, covering VOC and NOX emissions from 
sources that are not required to submit annual emissions statements. 
Therefore, Indiana's rule 326 IAC 2-6 meets the requirements of CAA 
section 182(a)(3)(B) and is approvable.

V. Final Action

    EPA is approving the emissions inventory submitted by Indiana and 
specified in Table 1 above as meeting the requirements of sections 
172(c)(3) and 182(a)(1) of the CAA for Lake and Porter Counties for the 
2008 ozone NAAQS. We are also approving Indiana's certification that 
the state has an emissions statement rule in its SIP for VOC and 
NOX stationary sources in

[[Page 16937]]

Lake and Porter Counties, in accordance with the CAA section 
182(a)(3)(B).
    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 June 6, 2017 
without further notice unless we receive relevant adverse written 
comments by May 8, 2017. 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. 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 June 
6, 2017.

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).
    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 June 6, 2017. 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: March 21, 2017.
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. Section 52.777 is amended by adding paragraphs (vv) and (ww) to read 
as follows:


Sec.  Sec.  52.777  Control strategy: photochemical oxidents 
(hydrocarbons).

* * * * *
    (vv) On June 15, 2016, Indiana submitted 2011 volatile organic 
compounds and oxides of nitrogen emissions inventories for the Indiana 
portion of the Chicago-Naperville, Illinois-Indiana-Wisconsin 
nonattainment area for the 2008 ozone national ambient air quality 
standard as a revision of the Indiana state implementation plan. The 
documented emissions inventories are approved as a revision of the 
state's implementation plan.
    (ww) On June 15, 2016, Indiana submitted a certification that 
sources of volatile organic compounds or oxides of nitrogen located in 
Lake and Porter Counties are required to annually submit statements 
documenting these emissions to the state. This certification

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is approved as a revision to the state's implementation plan.

[FR Doc. 2017-06897 Filed 4-6-17; 8:45 am]
 BILLING CODE 6560-50-P