[Federal Register Volume 87, Number 67 (Thursday, April 7, 2022)]
[Rules and Regulations]
[Pages 20331-20333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07285]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[EPA-R05-OAR-2008-0138; EPA-R05-OAR-2011-0827; FRL-9397-02-R5]


Air Plan Approval; Indiana, Ohio; Definition of Chemical Process 
Plants Under State Prevention of Significant Deterioration Regulations 
and Operating Permit Programs

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
revisions to the State Implementation Plan (SIP) for Indiana and 
revisions to the operating permit program for Ohio. The revisions 
incorporate changes to the definition of ``chemical process plants'' 
under Indiana's Prevention of Significant Deterioration (PSD) 
regulations and under Ohio's operating permit program. EPA also 
provided an opportunity for public comment on similar changes to the 
definition of ``major stationary source'' in Ohio's PSD regulations 
that were approved into the SIP on October 28, 2014. The changes to the 
State rules described below are approvable because they are consistent 
with EPA regulations governing state PSD and title V programs and will 
not interfere with any applicable requirement concerning attainment and 
reasonable further progress (as defined in section 171 of the Clean Air 
Act (CAA)), or any other applicable requirement of the CAA. EPA 
proposed to approve this action on January 19, 2022, and received no 
adverse comments.

DATES: This final rule is effective on May 9, 2022.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2008-0138 (Ohio) and EPA-R05-2011-0827 (Indiana). All 
documents in the docket are listed on the www.regulations.gov website. 
Although listed in the index, some information is not publicly 
available, i.e., Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either through 
www.regulations.gov or at the Environmental Protection Agency, Region 
5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, 
Illinois 60604. This facility 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. We recommend that you telephone Michael Langman, 
Physical Scientist, at (312) 886-6867 or Mari Gonz[aacute]lez, 
Environmental Engineer, at (312) 886-6175 before visiting the Region 5 
office.

FOR FURTHER INFORMATION CONTACT: For information regarding Indiana's 
PSD permit program: Michael Langman, Physical Scientist, Air Permits 
Section, Air Programs Branch (AR-18J), Environmental Protection Agency, 
Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 
886-6867, [email protected]. For information regarding Ohio's 
title V operating permit or PSD permit programs: Mari Gonz[aacute]lez, 
Environmental Engineer, Air Permits Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 886-6175, 
[email protected].

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

I. Background Information

    On January 19, 2022 (87 FR 2731), EPA proposed to approve revisions 
excluding ethanol production facilities that produce ethanol by natural 
fermentation from the chemical process plant source category in 
Indiana's PSD rules at 326 Indiana Administrative Code (IAC) 2-2-1 and 
Ohio's title V operating permit rules at Ohio Administrative Code (OAC) 
3745-77-01. An explanation of the CAA requirements, a detailed analysis 
of the revisions, and EPA's reasons for proposing approval were 
provided in the notice of proposed rulemaking (NPRM), and will not be 
restated here. The public comment period for this proposed rule ended 
on February 18, 2022. EPA received no comments on the proposal.

II. Final Action

    EPA is approving revisions to the Indiana SIP in 40 CFR 52.770. EPA 
is also approving revisions to the Ohio title V operating permit 
program in 40 CFR part 70, appendix A. The revisions that EPA is 
approving change the definition of ``major stationary source'' under 
Indiana's PSD regulations at 326 IAC 2-2-1(ff)(1) and Ohio's operating 
permit program at 3745-77-01(W). EPA is not taking action on changes 
related to Indiana's nonattainment new source review regulations in 
this action. EPA is taking no further action with respect to the 2014 
revisions to the Ohio PSD SIP in 40 CFR 52.1870 related to the 2007 
Ethanol Rule because we received no comments on this issue in the NPRM. 
As explained in the NPRM, EPA has determined that these revisions are 
consistent with EPA's PSD and title V regulations and that approval of 
these revisions is consistent with the requirements of CAA section 
110(l) and will not adversely impact air quality.

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 Section II of this preamble and set forth in 
the amendments to 40 CFR part 52 below. 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

[[Page 20332]]

INFORMATION CONTACT section of this preamble for more information). 
Therefore, these materials have been approved by EPA for inclusion in 
the SIP, 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 in the next update to the SIP 
compilation.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission and a state title V program submission that complies with 
the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 
7410(k); 40 CFR 52.02(a); 42 U.S.C. 7661a(d); 40 CFR 70.1(c), 70.4(i). 
Thus, in reviewing SIP submissions and title V program revision 
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).
    This action is subject to the Congressional Review Act, and EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. 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, 2022. 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. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

40 CFR Part 70

    Environmental protection, Air pollution control, Hazardous 
substances, Incorporation by reference, Intergovernmental relations, 
Reporting and recordkeeping requirements.

    Dated: March 31, 2022.
Debra Shore,
Regional Administrator, Region 5.

    For the reasons stated in the preamble, EPA amends 40 CFR parts 52 
and 70 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 (c) is amended by revising 
the entries for ``2-2-1'' to read as follows:


Sec.  52.770  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Indiana Regulations
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                                                      Indiana
    Indiana citation              Subject            effective     EPA approval date             Notes
                                                        date
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                                                  * * * * * * *
2-2-1..................  Definitions..............    3/16/2011  9/28/2011, 76 FR      (a) through (e), (f)(2)
                                                                  59899.                through (f)(3), (g)
                                                                                        through (cc), (dd)(2)
                                                                                        through (dd)(3), (ee)(1)
                                                                                        through (ee)(2), (ff)(2)
                                                                                        through (ff)(6),
                                                                                        (gg)(1)(A) through
                                                                                        (gg)(1)(B), (gg)(2)
                                                                                        through (gg)(3), (hh)
                                                                                        through (rr), (ss)(2)
                                                                                        through (ss)(6), (tt)
                                                                                        through (vv), (ww)(1)(A)
                                                                                        through (ww)(1)(E),
                                                                                        (ww)(1)(G) through
                                                                                        (ww)(1)(W), (ww)(2),
                                                                                        (xx) through (aaa).
2-2-1..................  Definitions..............    7/11/2012  10/29/2012, 77 FR     (dd)(1), (ff)(7),
                                                                  65478.                (ss)(1), (ww)(1)(F) and
                                                                                        (ww)(1)(G) only.
2-2-1..................  Definitions..............    7/11/2012  7/2/2014, 79 FR       (f)(1), (ee)(3), and
                                                                  37646.                (gg)(1)(C) only.

[[Page 20333]]

 
2-2-1..................  Definitions..............    9/16/2011  4/7/2022, [INSERT     (ff)(1) only.
                                                                  Federal Register
                                                                  CITATION].
 
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* * * * *

PART 70--STATE OPERATING PERMIT PROGRAMS

0
3. The authority citation for part 70 continues to read as follows:

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


0
4. In appendix A to part 70 the entry for ``Ohio'' is amended by adding 
paragraph (e) to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating 
Permits Programs

* * * * *

Ohio

* * * * *
    (e) The Ohio Environmental Protection Agency submitted an 
operating permits program amendment on February 4, 2008. The program 
amendment contained in the February 4, 2008 submittal revises the 
definition of major source to exclude ethanol production facilities 
that produce ethanol by natural fermentation from the chemical 
process plant source category. The state is hereby granted approval 
effective on May 9, 2022.
* * * * *
[FR Doc. 2022-07285 Filed 4-6-22; 8:45 am]
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