[Federal Register Volume 89, Number 81 (Thursday, April 25, 2024)]
[Rules and Regulations]
[Pages 31645-31647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08712]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2021-0936; FRL-9859-02-R5]


Air Plan Approval; Indiana; Opacity Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
revision to the Indiana State Implementation Plan (SIP), authorizing 
temporary alternative opacity limitations at the BP Products North 
America, Inc. (BP) facility in Whiting, Indiana during startup and 
shutdown. This approval is consistent with the Clean Air Act (CAA) and 
EPA regulations regarding emissions during these periods in the 
refinery sector. EPA proposed to approve this SIP submission on August 
17, 2022, and received no comments.

DATES: This final rule is effective May 28, 2024.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2021-0936. 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. We recommend 
that you telephone Matt Rau at (312) 886-6524 before visiting the 
Region 5 office.

FOR FURTHER INFORMATION CONTACT: Matt Rau, Air and Radiation Division 
(AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 886-6524, 
[email protected].

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

[[Page 31646]]

I. Background Information

    On August 17, 2022 (87 FR 50594), EPA proposed to approve Indiana's 
opacity rule section 326 Indiana Administrative Code (IAC) 5-1-8, 
effective December 8, 2021, as a revision to the Indiana SIP. The rule 
revision provides BP's two fluidized catalytic cracking units (FCUs), 
FCU 500 and FCU 600, with a temporary alternative opacity limitation to 
address safety hazards during startup, shutdown, and hot standby.
    As noted in EPA's proposal, the temporary alternative opacity 
limitation provided to BP in 326 IAC 5-1-8 is consistent with 
applicable requirements in 326 IAC 5-1-3, approved by EPA on July 16, 
2002 (67 FR 46589). This revision applies only to opacity rules at 326 
IAC 5-1-8 as allowed under 326 IAC 5-1-3. Emission limitations and 
monitoring for all other pollutants, including particulate matter, 
remain unchanged.
    The temporary alternative opacity limit is also consistent with the 
requirements of 40 CFR part 63, subpart UUU, the National Emission 
Standards for Hazardous Air Pollutants (NESHAP) for Petroleum 
Refineries: Catalytic Cracking Units, Catalytic Reforming Units, and 
Sulfur Recovery Units. The NESHAP allows units to demonstrate 
compliance during periods of startup, shutdown, or hot standby by 
maintaining the inlet velocity to the primary internal cyclones of the 
FCU catalyst regenerator at or above 20 feet per second. 326 IAC 5-1-
8(c) requires BP to follow the same requirement as the NESHAP for FCU 
500 and FCU 600, including the operating, data collection, and 
recordkeeping requirements. 326 IAC 5-1-8 (c)(3)(G) also requires BP to 
minimize emissions consistent with the NESHAP.
    The public comment period for this proposed rule ended on September 
16, 2022. EPA received no comments. EPA is finalizing this action as 
proposed.

II. Final Action.

    EPA is approving Indiana's opacity rule section 326 IAC 5-1-8 as a 
revision to the Indiana SIP.

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 I 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 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 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 14094 (88 FR 21879, April 11, 2023);
     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 subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a state program;
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
     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.
    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).
    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' EPA further defines the term fair treatment to mean that 
``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    Indiana did not evaluate environmental justice considerations as 
part of its SIP submission; the CAA and applicable implementing 
regulations neither prohibit nor require such an evaluation. EPA did 
not perform an EJ analysis and did not consider EJ in this action.
    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 24, 2024. 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

[[Page 31647]]

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, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: April 18, 2024.
Debra Shore,
Regional Administrator, Region 5.

    For the reasons stated in the preamble, title 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. In Sec.  52.770, the table in paragraph (c) is amended by revising 
the entry for ``5-1-8'' to read as follows:


Sec.  52.770  Identification of plan.

* * * * *
    (c) * * *

                                       EPA--Approved--Indiana Regulations
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                                                        Indiana
        Indiana citation              Subject       effective date     EPA approval date            Notes
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                                                  * * * * * * *
5-1-8..........................  Site-specific           12/8/2021  4/25/2024, [INSERT
                                  temporary                          FIRST PAGE OF FEDERAL
                                  alternate                          REGISTER CITATION].
                                  opacity
                                  limitations.
 
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[FR Doc. 2024-08712 Filed 4-24-24; 8:45 am]
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