[Federal Register Volume 86, Number 27 (Thursday, February 11, 2021)]
[Proposed Rules]
[Pages 9036-9037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02742]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2020-0387; FRL 10017-05-Region 5]


Air Plan Approval; Indiana; Emissions Reporting Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve 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: Comments must be received on or before March 15, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2020-0387 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: 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, [email protected]. The 
EPA Region 5 office 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.

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

I. Emissions Statement Rule Requirements

    Section 182(a)(3)(B) of the CAA requires states with ozone 
nonattainment areas to submit revisions to their SIPs to require the 
owner or operator of each stationary source of volatile organic 
compounds (VOC) or oxides of nitrogen (NOX) to provide the 
state with an annual statement documenting the actual emissions of VOC 
and NOX from their source. This requirement applies to each 
stationary source emitting greater than or equal to 25 tons per year of 
VOC or NOX in an ozone nonattainment area.
    As EPA has promulgated more stringent NAAQS for ozone in 1997, 
2008, and 2015, additional areas in Indiana have been designated as 
nonattainment. On March 29, 2007 (72 FR 14681), EPA determined that 
Indiana regulation 326 Indiana Administrative Code (IAC) 2-6, Emission 
Reporting, satisfied the requirements of CAA Section 182(a)(3)(B) for 
nonattainment areas under the 1997 ozone NAAQS. The requirement to 
submit annual emissions statements affected stationary sources located 
in Lake, Porter, and LaPorte Counties. On April 7, 2017 (82 FR 16926), 
EPA approved into Indiana's SIP a revised version of 326 IAC 2-6 that 
extended the emissions reporting requirements to Lawrenceburg Township, 
Dearborn County, which had been designated nonattainment under the 2008 
ozone NAAQS. In a separate action, on April 7, 2017 (82 FR 16934), EPA 
approved Indiana's emissions reporting requirements for Lake and Porter 
counties designated

[[Page 9037]]

nonattainment under the 2008 ozone NAAQS.
    On October 26, 2015 (80 FR 65292), EPA promulgated a revised ozone 
NAAQS of 0.070 parts per million (ppm). Clark and Floyd Counties, 
Indiana were designated nonattainment for the 2015 ozone NAAQS on 
August 3, 2018 (83 FR 25776).
    Under the existing federally approved SIP for Indiana, the emission 
statement requirements apply to Lake, Porter, LaPorte, and Dearborn 
(Lawrenceburg Township) Counties. On July 16, 2020, IDEM submitted a 
request that EPA approve the revisions to the existing emission 
reporting rule, 326 IAC 2-6, to be consistent with the current 
emissions statement requirements for stationary sources in section 
182(a)(3)(B) of the CAA.

II. What changes is Indiana requesting?

    The changes to the SIP revise the applicability of the emission 
reporting rule, 326 IAC 2-6-1. IDEM is adding Clark and Floyd Counties, 
designated nonattainment for the 2015 ozone NAAQS, to the list of areas 
for which stationary sources that emit 25 tons or more per year of VOC 
or NOX must submit annual emissions statement to IDEM. In 
addition, IDEM is removing the applicability of the emission reporting 
rule to Lawrenceburg Township in Dearborn County and to LaPorte County. 
Once an area meets the ozone standard and is redesignated to 
attainment, sources in the area are no longer subject to the emissions 
statement requirements of the CAA. LaPorte County and Lawrenceburg 
Township in Dearborn County have both been redesignated to attainment 
of the ozone standard. LaPorte County was redesignated to attainment of 
the 1997 ozone standard on July 19, 2007 (72 FR 39574); and designated 
as attainment of the 2008 ozone standard on May 21, 2012 (77 FR 30088). 
Lawrenceburg Township in Dearborn County was redesignated to attainment 
of the 2008 ozone standard on April 7, 2017 (82 FR 16943). Also, these 
two areas were designated as attainment of the 2015 ozone standard on 
June 4, 2018 (83 FR 25776) and therefore, they are attaining all ozone 
standards. Thus, IDEM has revised the applicability of regulation 326 
IAC 2-6-1 to discontinue the emission reporting requirement for 
stationary sources the areas of Lawrenceburg Township in Dearborn 
County and LaPorte County to submit annual emissions statements.

III. EPA's Analysis of Indiana's Submittal

    Indiana's revised version of 326 IAC 2-6-1 appropriately extends 
the emissions statement requirements to Clark and Floyd Counties, and 
removes the requirement for Lawrenceburg Township in Dearborn County 
and LaPorte County. Indiana's emissions reporting rule correctly 
reflects areas for which the CAA requires stationary sources to submit 
annual emissions statements.

IV. What action is EPA taking?

    As discussed above, EPA is proposing to approve the revisions 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).

V. Incorporation by Reference

    In this rule, 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 Indiana rule 326 IAC 2-6-1 ``Applicability'', effective on 
April 4, 2020. 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).

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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because it is not a significant regulatory 
action under Executive Order 12866;
     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, Nitrogen dioxide, Ozone, Volatile organic compounds.

    Dated: February 4, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.
[FR Doc. 2021-02742 Filed 2-10-21; 8:45 am]
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