[Federal Register Volume 87, Number 189 (Friday, September 30, 2022)]
[Proposed Rules]
[Pages 59370-59372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21192]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2021-0640; FRL-10117-01-R5]


Air Plan Approval; Indiana; Revisions to Particulate Matter 
Rules; Vertellus

AGENCY: Environmental Protection Agency (EPA).

[[Page 59371]]


ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a revision to the Indiana particulate matter State 
Implementation Plan (SIP) for the Vertellus Agriculture and Nutrition 
Specialties, LLC (Vertellus) facility located in Indianapolis, Marion 
County. Indiana submitted a request to revise its particulate matter 
SIP to incorporate site-specific updates to the particulate matter 
emission limits for Vertellus. The updates reflect revised emission 
rates for particulate matter resulting from process changes related to 
control strategies for other pollutants. The SIP submission requests 
also remove units no longer in operation as well as update language to 
reflect a switch from petroleum oil to natural gas for certain units. 
These site-specific SIP submissions represent a decrease in overall 
particulate matter emissions. Therefore, EPA is proposing to approve 
them as SIP-strengthening measures.

DATES: Comments must be received on or before October 31, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2021-0640 at https://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 https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Alisa Liu, Environmental Engineer, 
Control Strategies Section, Air Programs Branch (AR18J), Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, (312) 353-3193, [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. Background

    On September 16, 2021, the Indiana Department of Environmental 
Management (IDEM) submitted a request to revise its particulate matter 
SIP. On January 4, 2022, IDEM submitted a supplemental letter and 
technical support document with supporting information. The requested 
SIP revisions would incorporate updates to Indiana's particulate matter 
rules for Vertellus at 326 Indiana Administrative Code (IAC), Title 
326, Article 6.5, Rule 6. Marion County, ``Vertellus Agriculture & 
Nutrition Specialties LLC'' (326 IAC 6.5-6-31), which became effective 
on September 19, 2021. (Indiana Rule LSA #19-82)
    Vertellus is a chemical manufacturing company that currently 
operates six boilers, six heaters, and six furnaces at their facility 
on Tibbs Avenue on the southwest side of Indianapolis. The facility is 
located within the Wayne Township, Marion County portion of the 
Indianapolis maintenance area for the 2010 1-hour sulfur dioxide 
(SO2) National Ambient Air Quality Standard (NAAQS). As part 
of its attainment demonstration for the 2010 SO2 NAAQS, 
Indiana adopted new SO2 emissions limits at 326 IAC 7-4-
2.1(a)(4) that took effect on January 1, 2017. Compliance with the new 
SO2 limits necessitated process changes at Vertellus that 
determined which units were discontinued and which fuels were burned, 
resulting in the need for the adjustments to the particulate matter 
emission limits at 326 IAC 6.5-6-31.
    The particulate matter limits currently in the SIP were established 
as part of the attainment demonstration for the Indianapolis, Indiana 
2010 SO2 nonattainment area. By way of background, the 
Indianapolis, Indiana area consisting of Center, Perry and Wayne 
Townships in Marion County was designated nonattainment for the 2010 
SO2 NAAQS under Subpart 107 of the Clean Air Act (CAA) on 
July 25, 2013, when EPA made its initial designations based upon air 
quality monitoring data for calendar years 2009-2011. The area 
designation was effective October 4, 2013. 78 FR 47191 (August 5, 
2013). Within 18 months of the effective date, i.e., by April 4, 2015, 
Indiana was required under CAA sections 191(a) and 192(a) to submit a 
nonattainment SIP to EPA that demonstrated that the Indianapolis area 
would attain the NAAQS as expeditiously as practicable, but no later 
than 5 years from the effective date of designation, which was October 
4, 2018. 83 FR 4087 (August 15, 2018).
    On October 2, 2015, Indiana submitted an attainment plan for the 
Indianapolis nonattainment area as a revision to Indiana's SIP for 
attaining the 2010 SO2 NAAQS. The attainment plan included 
an attainment demonstration and technical support document \1\ prepared 
by IDEM that addressed six sources of SO2 in Marion County, 
including Vertellus. Using dispersion modeling, Indiana demonstrated 
that air quality meeting the 2010 SO2 NAAQS would be 
attained with revised SO2 emission limits for the six 
sources, which Indiana adopted on September 2, 2015 into 326 IAC 7-4-
2.1, including limits for Vertellus at 326 IAC 7-4-2.1(a)(4). The 
revised emission limits took effect on January 1, 2017. On March 11, 
2019, EPA approved the SIP revisions that Indiana submitted on October 
2, 2015 for attaining the 2010 SO2 NAAQS for the 
Indianapolis area. 84 FR 10692 (March 22, 2019).
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    \1\ August 2015, ``1-Hour Sulfur Dioxide Attainment 
Demonstration and Technical Support Document for Central, West 
Central, and Southwest Indiana Nonattainment Areas''. Prepared by 
Indiana Department of Environmental Management, Office of Air 
Quality. EPA-R05-OAR-2015-0700-0003.
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    On July 10, 2017, IDEM submitted a redesignation request and 
maintenance plan. On April 24, 2020, EPA redesignated the Indianapolis 
area to attainment of the 2010 SO2 NAAQS and approved the 
maintenance plan. 85 FR 30844 (May 21, 2020).

II. What has Indiana revised in 326 IAC 6.5-6-31?

    On May 3, 2018, Vertellus requested IDEM revise its particulate 
matter emission limits at 326 IAC 6.5-6-31 for its units that were 
impacted by the revised SO2 emission limits at 326 IAC 7-4-
2.1(a)(4). IDEM initiated a first notice and comment period for 
rulemaking to revise 326 IAC 6.5-6-31 on February 13, 2019, and 
published the final rule on September 15, 2021. As requested by 
Vertellus, IDEM's revisions changed the particulate matter emission 
limits on several units where Vertellus made process and fuel changes 
to comply with the revised SO2 emission limits. 
Additionally, the revisions removed limits and references to units

[[Page 59372]]

at the facility that are no longer operating or were demolished.
    The revisions at 326 IAC 6.5-6-31 also updated existing language 
and added new language related to the types of fuel burned in certain 
units. Part of Indiana's SO2 control strategy in the 
Indianapolis area was to restrict the usage of petroleum oil burned at 
several Vertellus units, so the adopted revisions at 326 IAC 6.5-6-31 
reflect a switch to 100 percent natural gas for certain units and only 
natural gas or landfill gas for certain other units. Compared to 
petroleum oil, burning natural gas at these units reduces 
SO2 emissions, enables Vertellus to remain in compliance 
with the new SO2 emission limits, and ensures continued 
attainment of the 2010 SO2 NAAQS. The process changes that 
determined which units were discontinued and which fuels were burned 
resulted in the need for increases in particulate matter mass and rate-
based emission limits for some of the Vertellus units and decreases for 
other units.

III. What are the environmental effects of this action?

    This SIP revision will result in a reduction in allowable 
particulate matter annual mass emissions and have a strengthening 
effect on the SIP by reducing emission limits, switching fuels to 
natural gas, reducing the amount of landfill gas burned, and removing 
allowable emissions listed for units that are no longer used or were 
demolished.
    Vertellus projected that the rule revisions will reduce particulate 
matter emissions by 14.1 tons per year compared to the emissions 
allowed under Indiana's current SIP. To address section 110(l) of the 
CAA, the technical support document details the decrease in allowable 
particulate matter emission from 38.0 to 23.9 tons per year as a result 
of a decrease of 14.8 tons per year total from twelve units offset by 
an increase of 0.7 tons per year total from 4 units.
    To demonstrate that any increase in particulate emission limits 
allowed under revised 326 IAC 6.5-6.31 would still be protective of the 
NAAQS for particulate matter less than 2.5 and 10 microns in diameter 
(PM2.5, PM10), Indiana performed dispersion 
modeling using AERMOD version 18081. Based on a comparison of allowable 
particulate matter emissions from the current limits compared to the 
revised limits, IDEM's modeling showed decreased emission 
concentrations at each of the modeled receptors. EPA has reviewed 
IDEM's modeling and projected emission reductions and finds that IDEM 
demonstrated that the SIP revision will not have an adverse impact on 
particulate matter air quality or interfere with the attainment or 
maintenance of the SO2 NAAQS in accordance with section 
110(l) of the CAA.

IV. Public Comment and Hearings

    Indiana offered two comment periods on this proposed rule. The 
first was from February 13, 2019, to March 15, 2019, and the second was 
from February 12, 2020, through March 13, 2020. No comments were 
received during the first or second comment period. Indiana also held 
public hearings on November 18, 2020, and February 10, 2021, through an 
online platform. No comments were made during the hearings.

V. What action is EPA taking?

    EPA is proposing to approve Indiana's September 16, 2021, request 
to revise its particulate matter SIP because the revised rule at 326 
IAC 6.5-6-31 applicable to Vertellus strengthens the SIP by reducing 
allowable particulate matter emissions.

VI. Incorporation by Reference

    In this proposed 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 revisions to Indiana rule 326 IAC 6.5-6-31, 
effective September 20, 2021, discussed in section II of this preamble. 
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).

VII. 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 proposed 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, Particulate matter, Reporting 
and recordkeeping requirements, Sulfur oxides.

    Dated: September 22, 2022.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2022-21192 Filed 9-29-22; 8:45 am]
BILLING CODE 6560-50-P