81_FR_53453 81 FR 53297 - Air Plan Approval; Indiana; Abengoa Bioenergy of Indiana, Commissioner's Order

81 FR 53297 - Air Plan Approval; Indiana; Abengoa Bioenergy of Indiana, Commissioner's Order

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 156 (August 12, 2016)

Page Range53297-53300
FR Document2016-19032

The Environmental Protection Agency (EPA) is approving a revision to the Indiana State Implementation Plan (SIP) submitted by the Indiana Department of Environmental Management (IDEM) on October 16, 2015. The submittal consists of an order issued by the Commissioner of IDEM (Commissioner's Order No. 2015-01) approving alternative control technology requirements for Abengoa Bioenergy of Indiana (Abengoa). These requirements include the use of a carbon adsorption/ absorption hydrocarbon vapor recovery system with a minimum overall control efficiency of 98% to control volatile organic compound (VOC) emissions from the ethanol loading racks at Abengoa. A continuous emissions monitoring system (CEMS) must be used to monitor the carbon adsorption/absorption hydrocarbon vapor recovery system for breakthrough of VOC emissions. For the reasons discussed below, EPA is approving this submittal as a revision to Indiana's SIP.

Federal Register, Volume 81 Issue 156 (Friday, August 12, 2016)
[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)]
[Rules and Regulations]
[Pages 53297-53300]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19032]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2015-0724; FRL-9950-52-Region 5]


Air Plan Approval; Indiana; Abengoa Bioenergy of Indiana, 
Commissioner's Order

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving a 
revision to the Indiana State Implementation Plan (SIP) submitted by 
the Indiana Department of Environmental Management (IDEM) on October 
16, 2015. The submittal consists of an order issued by the Commissioner 
of IDEM (Commissioner's Order No. 2015-01) approving alternative 
control technology requirements for Abengoa Bioenergy of Indiana 
(Abengoa). These requirements include the use of a carbon adsorption/
absorption hydrocarbon vapor recovery system with a minimum overall 
control efficiency of 98% to control volatile organic compound (VOC) 
emissions from the ethanol loading racks at Abengoa. A continuous 
emissions monitoring system (CEMS) must be used to monitor the carbon 
adsorption/absorption hydrocarbon vapor recovery system for 
breakthrough of VOC emissions. For the reasons discussed below, EPA is 
approving this submittal as a revision to Indiana's SIP.

DATES: This direct final rule will be effective October 11, 2016, 
unless EPA receives adverse comments by September 12, 2016. If adverse 
comments are received, 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-2015-0724, at http://www.regulations.gov or via email to 
aburano.douglas@epa.gov. 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

[[Page 53298]]

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: Jenny Liljegren, Physical Scientist, 
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 886-6832, 
Liljegren.Jennifer@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. What SIP revision is Indiana requesting and why?
II. What action is EPA taking and why?
III. Incorporation by Reference.
IV. Statutory and Executive Order Reviews.

I. What SIP revision is Indiana requesting and why?

    IDEM requested on October 16, 2015, that EPA approve as a revision 
to the SIP alternative control technology requirements for Abengoa. 
These requirements include the use of a carbon adsorption/absorption 
hydrocarbon vapor recovery system with a minimum overall control 
efficiency of 98% to control VOC emissions from the ethanol loading 
racks at Abengoa. A CEMS must be used to monitor the carbon adsorption/
absorption hydrocarbon vapor recovery system for breakthrough of VOC 
emissions. These requirements are contained in Commissioner's Order No. 
2015-01 issued by the IDEM Commissioner on September 8, 2015.
    In Abengoa's initial construction and operating permit issued by 
IDEM, the ethanol loading racks were subject to the statewide case-by-
case Best Available Control Technology (statewide BACT) determination 
required under SIP-approved Title 326 Article 8 Rule 1-6 of the Indiana 
Administrative Code (326 IAC 8-1-6). The statewide BACT for Abengoa's 
ethanol loading racks was determined to be enclosed flares with a 
minimum overall control efficiency of 98%. Since then, Abengoa has 
modified its plant design, including the ethanol loading racks, and is 
now subject to a newer SIP-approved state rule, 326 IAC 8-5-6, Fuel 
Grade Ethanol Production at Dry Mills, which created an industry-
specific statewide BACT standard and which replaced the statewide case-
by-case BACT rule (326 IAC 8-1-6) for fuel grade ethanol production dry 
mills that have no wet milling operations. EPA approved this rule into 
the SIP on February 20, 2008 (73 FR 9201).
    The three VOC control options under 326 IAC 8-5-6 are: (1) A 
thermal oxidizer with a minimum overall control efficiency of 98% or 
resulting in a VOC concentration of not more than ten (10) parts per 
million (ppm), (2) a wet scrubber with a minimum overall control 
efficiency of 98% or resulting in a VOC concentration of not more than 
twenty (20) ppm, and (3) an enclosed flare with a minimum overall 
control efficiency of 98%. The VOC control options under 326 IAC 8-5-6 
do not include a carbon adsorption/absorption hydrocarbon vapor 
recovery system. Abengoa has opted to use a carbon adsorption/
absorption hydrocarbon vapor recovery system rather than one of the VOC 
control options under 326 IAC 8-5-6. However, like the VOC control 
options under 326 IAC 8-5-6, Abengoa's carbon adsorption/absorption 
system has a minimum overall control efficiency of 98%. IDEM considers 
the system Reasonably Available Control Technology (RACT) under SIP 
rule 326 IAC 8-1-5 (Petition for a site-specific reasonably available 
control technology (RACT) plan).
    As a result, pursuant to 326 IAC 8-1-5, Indiana has issued 
Commissioner's Order No. 2015-01 approving Abengoa's use of this system 
as an alternative site-specific RACT in lieu of the industry-specific 
statewide BACT options under 326 IAC 8-5-6. The carbon adsorption/
absorption system will control VOC emissions at a minimum overall 
control efficiency of 98%, which is the same level of control of the 
industry-specific BACT options under 326 IAC 8-5-6; therefore, there 
will be no relaxation of the emission reduction requirements at Abengoa 
as a result of this SIP revision. As an added benefit, Abengoa's use of 
the carbon adsorption/absorption system is expected to result in fewer 
criteria air pollutant emissions, since, unlike enclosed flares, carbon 
adsorption/absorption does not involve the combustion of natural gas.
    It should be noted that Condition #3 of the ``Conditions of 
Approval'' in Commissioner's Order 2015-01 states: ``The overall 
efficiency for the carbon adsorption/absorption hydrocarbon vapor 
recovery system (C-2101), including the capture efficiency and 
adsorption/absorption efficiency, shall be at least 98%. The Petitioner 
shall demonstrate compliance using methods approved by the department. 
Testing shall be conducted in accordance with the provisions of 326 IAC 
3-6 (Source Sampling Procedures)''. IDEM has confirmed in an email to 
EPA dated June 6, 2016, that this provision requires testing using EPA 
Method 25 (40 CFR part 60, appendix A-7).

II. What action is EPA taking and why?

    EPA is approving the requirements in Commissioner's Order No. 2015-
01 as a revision to the Indiana SIP. This is based on EPA's finding 
that the 98% minimum overall control efficiency adsorption/absorption 
system with a CEMS qualifies as alternative site-specific RACT under 
326 IAC 8-1-5 of the Indiana SIP for Abengoa's ethanol loading racks. 
EPA also finds that this system constitutes statewide BACT under 326 
IAC 8-1-6 of the Indiana SIP in lieu of the industry-specific statewide 
BACT options under 326 IAC 8-5-6 of the Indiana SIP. There will be no 
relaxation of the emission reduction requirements at Abengoa as a 
result of this SIP revision. Since this is not a relaxation, section 
110(l) of the Clean Air Act (CAA) is satisfied and no backsliding is 
occurring as a result of this SIP revision. As an added benefit, 
Abengoa's use of the carbon adsorption/absorption system is expected to 
result in fewer criteria air pollutant emissions, since, unlike 
enclosed flares, carbon adsorption/absorption does not involve the 
combustion of natural gas.
    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 October 11, 
2016 without further notice unless we receive relevant adverse written 
comments by September 12, 2016. 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.

[[Page 53299]]

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 October 11, 
2016.

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 the amendments to 40 CFR part 52 set forth 
below. Therefore, these materials have been approved by EPA for 
inclusion in the State implementation plan, 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 by 
the Director of the Federal Register in the next update to the SIP 
compilation.\1\ EPA has made, and will continue to make, these 
documents generally available through www.regulations.gov and/or at the 
EPA Region 5 Office (please contact the person identified in the ``For 
Further Information Contact'' section of this preamble for more 
information.
---------------------------------------------------------------------------

    \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 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 October 11, 2016. 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, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: August 1, 2016.
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. In Sec.  52.770 the table in paragraph (d) is amended by adding a 
new entry for ``Abengoa Bioenergy of Indiana'' to the end of the table, 
to read as follows:


Sec.  52.770  Identification of plan.

* * * * *
    (d) * * *

[[Page 53300]]



                                                     EPA-Approved Indiana Source-Specific Provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
             CO date                       Title               SIP rule                   EPA approval                           Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
9/8/2015.........................  Abengoa Bioenergy of  N.A................  8/12/2016, [Insert Federal Register   Alternative control technology
                                    Indiana.                                   citation].                            requirements.
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2016-19032 Filed 8-11-16; 8:45 am]
BILLING CODE 6560-50-P



                                                              Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Rules and Regulations                                       53297

                                           FR 67249, November 9, 2000).                            PART 52—APPROVAL AND                                  ENVIRONMENTAL PROTECTION
                                           Therefore, the EPA has concluded that                   PROMULGATION OF                                       AGENCY
                                           the action will not have tribal                         IMPLEMENTATION PLANS
                                           implications for the purposes of                                                                              40 CFR Part 52
                                           Executive Order 13175, and will not                     ■ 1. The authority citation for part 52               [EPA–R05–OAR–2015–0724; FRL–9950–52–
                                           impose substantial direct costs upon the                continues to read as follows:                         Region 5]
                                           tribes, nor will it preempt Tribal law.
                                                                                                       Authority: 42 U.S.C. 7401 et seq.                 Air Plan Approval; Indiana; Abengoa
                                           We note that none of the tribes located
                                           in the SJV has requested eligibility to                                                                       Bioenergy of Indiana, Commissioner’s
                                                                                                   Subpart F—California                                  Order
                                           administer programs under the CAA.
                                              The Congressional Review Act, 5                      ■ 2. Section 52.220 is amended by                     AGENCY: Environmental Protection
                                           U.S.C. 801 et seq., as added by the Small               adding paragraph (c)(476) to read as                  Agency (EPA).
                                           Business Regulatory Enforcement                         follows:                                              ACTION: Direct final rule.
                                           Fairness Act of 1996, generally provides
                                                                                                   § 52.220    Identification of plan—in part.           SUMMARY:   The Environmental Protection
                                           that before a rule may take effect, the
                                                                                                                                                         Agency (EPA) is approving a revision to
                                           agency promulgating the rule must                       *       *    *    *    *                              the Indiana State Implementation Plan
                                           submit a rule report, which includes a                     (c) * * *                                          (SIP) submitted by the Indiana
                                           copy of the rule, to each House of the                                                                        Department of Environmental
                                                                                                      (476) The following revision was
                                           Congress and to the Comptroller General                                                                       Management (IDEM) on October 16,
                                           of the United States. The EPA will                      submitted on November 13, 2015 by the
                                                                                                   Governor’s designee.                                  2015. The submittal consists of an order
                                           submit a report containing this action                                                                        issued by the Commissioner of IDEM
                                           and other required information to the                      (i) [Reserved]                                     (Commissioner’s Order No. 2015–01)
                                           U.S. Senate, the U.S. House of                             (ii) Additional materials.                         approving alternative control
                                           Representatives, and the Comptroller                       (A) California Air Resources Board.                technology requirements for Abengoa
                                           General of the United States prior to                                                                         Bioenergy of Indiana (Abengoa). These
                                           publication of the rule in the Federal                     (1) Attachment A to Resolution 15–50,              requirements include the use of a
                                           Register. A major rule cannot take effect               ‘‘Updates to the Transportation                       carbon adsorption/absorption
                                           until 60 days after it is published in the              Conformity Budgets for the San Joaquin                hydrocarbon vapor recovery system
                                           Federal Register. This action is not a                  Valley 2007 PM10, 2007 Ozone and 2012                 with a minimum overall control
                                           ‘‘major rule’’ as defined by 5 U.S.C.                   PM2.5 SIPs,’’ Table A–1 (Updated                      efficiency of 98% to control volatile
                                           804(2).                                                 Transportation Conformity Budgets for                 organic compound (VOC) emissions
                                                                                                   the 2008 Ozone Plan (Tons per summer                  from the ethanol loading racks at
                                              Under section 307(b)(1) of the Clean
                                                                                                   day) and Table A–3 (Updated                           Abengoa. A continuous emissions
                                           Air Act, petitions for judicial review of                                                                     monitoring system (CEMS) must be used
                                                                                                   Transportation Conformity Budgets for
                                           this action must be filed in the United                                                                       to monitor the carbon adsorption/
                                                                                                   the 2008 PM10 Maintenance Plan (Tons
                                           States Court of Appeals for the                                                                               absorption hydrocarbon vapor recovery
                                                                                                   per annual day)).
                                           appropriate circuit by October 11, 2016.                                                                      system for breakthrough of VOC
                                           Filing a petition for reconsideration by                *       *    *    *    *
                                                                                                                                                         emissions. For the reasons discussed
                                           the Administrator of this final rule does               ■ 3. Subpart F is amended by adding                   below, EPA is approving this submittal
                                           not affect the finality of this action for              § 52.248 to read as follows:                          as a revision to Indiana’s SIP.
                                           the purposes of judicial review nor does                                                                      DATES: This direct final rule will be
                                           it extend the time within which a                       § 52.248 Identification of plan—conditional           effective October 11, 2016, unless EPA
                                           petition for judicial review may be filed,              approval.
                                                                                                                                                         receives adverse comments by
                                           and shall not postpone the effectiveness                  The EPA is conditionally approving a                September 12, 2016. If adverse
                                           of such rule or action. This action may                 California State Implementation Plan                  comments are received, EPA will
                                           not be challenged later in proceedings to               (SIP) revision submitted on November                  publish a timely withdrawal of the
                                           enforce its requirements. (See section                  13, 2015 updating the motor vehicle                   direct final rule in the Federal Register
                                           307(b)(2)).                                             emissions budgets for nitrogen oxides                 informing the public that the rule will
                                                                                                   (NOX) and coarse particulate matter                   not take effect.
                                           List of Subjects in 40 CFR Part 52
                                                                                                   (PM10) for the 1987 24-hour PM10                      ADDRESSES: Submit your comments,
                                             Environmental protection, Air                         standard for the San Joaquin Valley                   identified by Docket ID No. EPA–R05–
                                           pollution control, Incorporation by                     PM10 maintenance area. The conditional                OAR–2015–0724, at http://
                                           reference, Intergovernmental                            approval is based on a commitment                     www.regulations.gov or via email to
                                           regulations, Nitrogen dioxide, Ozone,                   from the State to submit a SIP revision               aburano.douglas@epa.gov. For
                                           Particulate matter, Reporting and                       that demonstrates full implementation                 comments submitted at Regulations.gov,
                                           recordkeeping requirements, Sulfur                      of the contingency provisions of the                  follow the online instructions for
                                           dioxide, Volatile organic compounds.                                                                          submitting comments. Once submitted,
                                                                                                   2007 PM10 Maintenance Plan and
                                                                                                                                                         comments cannot be edited or removed
                                              Authority: 42 U.S.C. 7401 et seq.                    Request for Redesignation (September
                                                                                                                                                         from Regulations.gov. For either manner
                                                                                                   20, 2007). If the State fails to meets its
                                              Dated: July 8, 2016.                                                                                       of submission, EPA may publish any
                                                                                                   commitment by June 1, 2017, the                       comment received to its public docket.
                                           Alexis Strauss,
ehiers on DSK5VPTVN1PROD with RULES




                                                                                                   approval is treated as a disapproval.                 Do not submit electronically any
                                           Acting Regional Administrator, EPA Region
                                                                                                   [FR Doc. 2016–18898 Filed 8–11–16; 8:45 am]           information you consider to be
                                           9.
                                                                                                   BILLING CODE 6560–50–P                                Confidential Business Information (CBI)
                                             Chapter I, title 40 of the Code of                                                                          or other information whose disclosure is
                                           Federal Regulations is amended as                                                                             restricted by statute. Multimedia
                                           follows:                                                                                                      submissions (audio, video, etc.) must be


                                      VerDate Sep<11>2014   14:21 Aug 11, 2016   Jkt 238001   PO 00000   Frm 00053   Fmt 4700   Sfmt 4700   E:\FR\FM\12AUR1.SGM   12AUR1


                                           53298              Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Rules and Regulations

                                           accompanied by a written comment.                       be enclosed flares with a minimum                     ‘‘The overall efficiency for the carbon
                                           The written comment is considered the                   overall control efficiency of 98%. Since              adsorption/absorption hydrocarbon
                                           official comment and should include                     then, Abengoa has modified its plant                  vapor recovery system (C–2101),
                                           discussion of all points you wish to                    design, including the ethanol loading                 including the capture efficiency and
                                           make. EPA will generally not consider                   racks, and is now subject to a newer                  adsorption/absorption efficiency, shall
                                           comments or comment contents located                    SIP-approved state rule, 326 IAC 8–5–6,               be at least 98%. The Petitioner shall
                                           outside of the primary submission (i.e.                 Fuel Grade Ethanol Production at Dry                  demonstrate compliance using methods
                                           on the web, cloud, or other file sharing                Mills, which created an industry-                     approved by the department. Testing
                                           system). For additional submission                      specific statewide BACT standard and                  shall be conducted in accordance with
                                           methods, please contact the person                      which replaced the statewide case-by-                 the provisions of 326 IAC 3–6 (Source
                                           identified in the ‘‘For Further                         case BACT rule (326 IAC 8–1–6) for fuel               Sampling Procedures)’’. IDEM has
                                           Information Contact’’ section. For the                  grade ethanol production dry mills that               confirmed in an email to EPA dated
                                           full EPA public comment policy,                         have no wet milling operations. EPA                   June 6, 2016, that this provision requires
                                           information about CBI or multimedia                     approved this rule into the SIP on                    testing using EPA Method 25 (40 CFR
                                           submissions, and general guidance on                    February 20, 2008 (73 FR 9201).                       part 60, appendix A–7).
                                           making effective comments, please visit                    The three VOC control options under
                                                                                                   326 IAC 8–5–6 are: (1) A thermal                      II. What action is EPA taking and why?
                                           http://www2.epa.gov/dockets/
                                           commenting-epa-dockets.                                 oxidizer with a minimum overall                          EPA is approving the requirements in
                                                                                                   control efficiency of 98% or resulting in             Commissioner’s Order No. 2015–01 as a
                                           FOR FURTHER INFORMATION CONTACT:
                                                                                                   a VOC concentration of not more than                  revision to the Indiana SIP. This is
                                           Jenny Liljegren, Physical Scientist,                                                                          based on EPA’s finding that the 98%
                                                                                                   ten (10) parts per million (ppm), (2) a
                                           Attainment Planning and Maintenance                                                                           minimum overall control efficiency
                                                                                                   wet scrubber with a minimum overall
                                           Section, Air Programs Branch (AR–18J),                                                                        adsorption/absorption system with a
                                                                                                   control efficiency of 98% or resulting in
                                           Environmental Protection Agency,                                                                              CEMS qualifies as alternative site-
                                                                                                   a VOC concentration of not more than
                                           Region 5, 77 West Jackson Boulevard,                                                                          specific RACT under 326 IAC 8–1–5 of
                                                                                                   twenty (20) ppm, and (3) an enclosed
                                           Chicago, Illinois 60604, (312) 886–6832,                                                                      the Indiana SIP for Abengoa’s ethanol
                                                                                                   flare with a minimum overall control
                                           Liljegren.Jennifer@epa.gov.                                                                                   loading racks. EPA also finds that this
                                                                                                   efficiency of 98%. The VOC control
                                           SUPPLEMENTARY INFORMATION:                              options under 326 IAC 8–5–6 do not                    system constitutes statewide BACT
                                           Throughout this document whenever                       include a carbon adsorption/absorption                under 326 IAC 8–1–6 of the Indiana SIP
                                           ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean             hydrocarbon vapor recovery system.                    in lieu of the industry-specific statewide
                                           EPA. This supplementary information                     Abengoa has opted to use a carbon                     BACT options under 326 IAC 8–5–6 of
                                           section is arranged as follows:                         adsorption/absorption hydrocarbon                     the Indiana SIP. There will be no
                                           I. What SIP revision is Indiana requesting              vapor recovery system rather than one                 relaxation of the emission reduction
                                                 and why?                                          of the VOC control options under 326                  requirements at Abengoa as a result of
                                           II. What action is EPA taking and why?                  IAC 8–5–6. However, like the VOC                      this SIP revision. Since this is not a
                                           III. Incorporation by Reference.                        control options under 326 IAC 8–5–6,                  relaxation, section 110(l) of the Clean
                                           IV. Statutory and Executive Order Reviews.              Abengoa’s carbon adsorption/absorption                Air Act (CAA) is satisfied and no
                                           I. What SIP revision is Indiana                         system has a minimum overall control                  backsliding is occurring as a result of
                                           requesting and why?                                     efficiency of 98%. IDEM considers the                 this SIP revision. As an added benefit,
                                                                                                   system Reasonably Available Control                   Abengoa’s use of the carbon adsorption/
                                              IDEM requested on October 16, 2015,                  Technology (RACT) under SIP rule 326                  absorption system is expected to result
                                           that EPA approve as a revision to the                   IAC 8–1–5 (Petition for a site-specific               in fewer criteria air pollutant emissions,
                                           SIP alternative control technology                      reasonably available control technology               since, unlike enclosed flares, carbon
                                           requirements for Abengoa. These                         (RACT) plan).                                         adsorption/absorption does not involve
                                           requirements include the use of a                          As a result, pursuant to 326 IAC 8–1–              the combustion of natural gas.
                                           carbon adsorption/absorption                            5, Indiana has issued Commissioner’s                     We are publishing this action without
                                           hydrocarbon vapor recovery system                       Order No. 2015–01 approving Abengoa’s                 prior proposal because we view this as
                                           with a minimum overall control                          use of this system as an alternative site-            a noncontroversial amendment and
                                           efficiency of 98% to control VOC                        specific RACT in lieu of the industry-                anticipate no adverse comments.
                                           emissions from the ethanol loading                      specific statewide BACT options under                 However, in the proposed rules section
                                           racks at Abengoa. A CEMS must be used                   326 IAC 8–5–6. The carbon adsorption/                 of this Federal Register publication, we
                                           to monitor the carbon adsorption/                       absorption system will control VOC                    are publishing a separate document that
                                           absorption hydrocarbon vapor recovery                   emissions at a minimum overall control                will serve as the proposal to approve the
                                           system for breakthrough of VOC                          efficiency of 98%, which is the same                  state plan if relevant adverse written
                                           emissions. These requirements are                       level of control of the industry-specific             comments are filed. This rule will be
                                           contained in Commissioner’s Order No.                   BACT options under 326 IAC 8–5–6;                     effective October 11, 2016 without
                                           2015–01 issued by the IDEM                              therefore, there will be no relaxation of             further notice unless we receive relevant
                                           Commissioner on September 8, 2015.                      the emission reduction requirements at                adverse written comments by September
                                              In Abengoa’s initial construction and                Abengoa as a result of this SIP revision.             12, 2016. If we receive such comments,
                                           operating permit issued by IDEM, the                    As an added benefit, Abengoa’s use of                 we will withdraw this action before the
                                           ethanol loading racks were subject to                   the carbon adsorption/absorption                      effective date by publishing a
                                           the statewide case-by-case Best                         system is expected to result in fewer                 subsequent document that will
                                           Available Control Technology                            criteria air pollutant emissions, since,              withdraw the final action. All public
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                                           (statewide BACT) determination                          unlike enclosed flares, carbon                        comments received will then be
                                           required under SIP-approved Title 326                   adsorption/absorption does not involve                addressed in a subsequent final rule
                                           Article 8 Rule 1–6 of the Indiana                       the combustion of natural gas.                        based on the proposed action. EPA will
                                           Administrative Code (326 IAC 8–1–6).                       It should be noted that Condition #3               not institute a second comment period.
                                           The statewide BACT for Abengoa’s                        of the ‘‘Conditions of Approval’’ in                  Any parties interested in commenting
                                           ethanol loading racks was determined to                 Commissioner’s Order 2015–01 states:                  on this action should do so at this time.


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                                                                Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Rules and Regulations                                              53299

                                           Please note that if EPA receives adverse                     • Does not impose an information                   States prior to publication of the rule in
                                           comment on an amendment, paragraph,                       collection burden under the provisions                the Federal Register. A major rule
                                           or section of this rule and if that                       of the Paperwork Reduction Act (44                    cannot take effect until 60 days after it
                                           provision may be severed from the                         U.S.C. 3501 et seq.);                                 is published in the Federal Register.
                                           remainder of the rule, EPA may adopt                         • Is certified as not having a                     This action is not a ‘‘major rule’’ as
                                           as final those provisions of the rule that                significant economic impact on a                      defined by 5 U.S.C. 804(2).
                                           are not the subject of an adverse                         substantial number of small entities                     Under section 307(b)(1) of the CAA,
                                           comment. If we do not receive any                         under the Regulatory Flexibility Act (5               petitions for judicial review of this
                                           comments, this action will be effective                   U.S.C. 601 et seq.);                                  action must be filed in the United States
                                           October 11, 2016.                                            • Does not contain any unfunded                    Court of Appeals for the appropriate
                                           III. Incorporation by Reference                           mandate or significantly or uniquely                  circuit by October 11, 2016. Filing a
                                                                                                     affect small governments, as described                petition for reconsideration by the
                                              In this rule, EPA is finalizing                        in the Unfunded Mandates Reform Act                   Administrator of this final rule does not
                                           regulatory text that includes                             of 1995 (Pub. L. 104–4);                              affect the finality of this action for the
                                           incorporation by reference. In                               • Does not have Federalism                         purposes of judicial review nor does it
                                           accordance with requirements of 1 CFR                     implications as specified in Executive                extend the time within which a petition
                                           51.5, EPA is finalizing the incorporation                 Order 13132 (64 FR 43255, August 10,                  for judicial review may be filed, and
                                           by reference of the Indiana Regulations                   1999);                                                shall not postpone the effectiveness of
                                           described in the amendments to 40 CFR                        • Is not an economically significant               such rule or action. Parties with
                                           part 52 set forth below. Therefore, these                 regulatory action based on health or                  objections to this direct final rule are
                                           materials have been approved by EPA                       safety risks subject to Executive Order               encouraged to file a comment in
                                           for inclusion in the State                                13045 (62 FR 19885, April 23, 1997);                  response to the parallel notice of
                                           implementation plan, have been                               • Is not a significant regulatory action           proposed rulemaking for this action
                                           incorporated by reference by EPA into                     subject to Executive Order 13211 (66 FR               published in the proposed rules section
                                           that plan, are fully federally enforceable                28355, May 22, 2001);
                                           under sections 110 and 113 of the CAA                                                                           of today’s Federal Register, rather than
                                                                                                        • Is not subject to requirements of                file an immediate petition for judicial
                                           as of the effective date of the final                     Section 12(d) of the National
                                           rulemaking of EPA’s approval, and will                                                                          review of this direct final rule, so that
                                                                                                     Technology Transfer and Advancement                   EPA can withdraw this direct final rule
                                           be incorporated by reference by the                       Act of 1995 (15 U.S.C. 272 note) because
                                           Director of the Federal Register in the                                                                         and address the comment in the
                                                                                                     application of those requirements would               proposed rulemaking. This action may
                                           next update to the SIP compilation.1                      be inconsistent with the CAA; and
                                           EPA has made, and will continue to                                                                              not be challenged later in proceedings to
                                                                                                        • Does not provide EPA with the                    enforce its requirements. (See section
                                           make, these documents generally                           discretionary authority to address, as
                                           available through www.regulations.gov                                                                           307(b)(2).)
                                                                                                     appropriate, disproportionate human
                                           and/or at the EPA Region 5 Office                         health or environmental effects, using                List of Subjects in 40 CFR Part 52
                                           (please contact the person identified in                  practicable and legally permissible
                                           the ‘‘For Further Information Contact’’                                                                           Environmental protection, Air
                                                                                                     methods, under Executive Order 12898                  pollution control, Incorporation by
                                           section of this preamble for more                         (59 FR 7629, February 16, 1994).
                                           information.                                                                                                    reference, Intergovernmental relations,
                                                                                                        In addition, the SIP is not approved               Reporting and recordkeeping
                                           IV. Statutory and Executive Order                         to apply on any Indian reservation land               requirements, Volatile organic
                                           Reviews                                                   or in any other area where EPA or an                  compounds.
                                             Under the CAA, the Administrator is                     Indian tribe has demonstrated that a
                                                                                                     tribe has jurisdiction. In those areas of               Dated: August 1, 2016.
                                           required to approve a SIP submission                                                                            Robert A. Kaplan,
                                           that complies with the provisions of the                  Indian country, the rule does not have
                                                                                                     tribal implications and will not impose               Acting Regional Administrator, Region 5.
                                           CAA and applicable Federal regulations.
                                           42 U.S.C. 7410(k); 40 CFR 52.02(a).                       substantial direct costs on tribal                        40 CFR part 52 is amended as follows:
                                           Thus, in reviewing SIP submissions,                       governments or preempt tribal law as
                                                                                                     specified by Executive Order 13175 (65                PART 52—APPROVAL AND
                                           EPA’s role is to approve state choices,
                                                                                                     FR 67249, November 9, 2000).                          PROMULGATION OF
                                           provided that they meet the criteria of
                                           the CAA. Accordingly, this action                            The Congressional Review Act, 5                    IMPLEMENTATION PLANS
                                           merely approves state law as meeting                      U.S.C. 801 et seq., as added by the Small
                                                                                                     Business Regulatory Enforcement                       ■ 1. The authority citation for part 52
                                           Federal requirements and does not
                                                                                                     Fairness Act of 1996, generally provides              continues to read as follows:
                                           impose additional requirements beyond
                                           those imposed by state law. For that                      that before a rule may take effect, the                   Authority: 42 U.S.C. 7401 et seq.
                                           reason, this action:                                      agency promulgating the rule must
                                             • Is not a significant regulatory action                submit a rule report, which includes a                ■ 2. In § 52.770 the table in paragraph
                                           subject to review by the Office of                        copy of the rule, to each House of the                (d) is amended by adding a new entry
                                           Management and Budget under                               Congress and to the Comptroller General               for ‘‘Abengoa Bioenergy of Indiana’’ to
                                           Executive Orders 12866 (58 FR 51735,                      of the United States. EPA will submit a               the end of the table, to read as follows:
                                           October 4, 1993) and 13563 (76 FR 3821,                   report containing this action and other
                                                                                                                                                           § 52.770    Identification of plan.
                                           January 21, 2011);                                        required information to the U.S. Senate,
                                                                                                     the U.S. House of Representatives, and                *       *    *      *      *
                                                                                                                                                               (d) * * *
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                                             1 62   FR 27968 (May 22, 1997).                         the Comptroller General of the United




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                                           53300                  Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Rules and Regulations

                                                                                            EPA-APPROVED INDIANA SOURCE-SPECIFIC PROVISIONS
                                                        CO date                                Title                             SIP rule                           EPA approval                   Explanation


                                                    *                               *                  *                           *                             *                    *                     *
                                           9/8/2015 .............................   Abengoa Bioenergy of In-       N.A ....................................   8/12/2016, [Insert Federal   Alternative control tech-
                                                                                      diana.                                                                    Register citation].          nology requirements.



                                           *       *        *       *        *                          not be available in either location (e.g.,                     II. Public Comments and EPA
                                           [FR Doc. 2016–19032 Filed 8–11–16; 8:45 am]                  confidential business information                              Responses
                                           BILLING CODE 6560–50–P                                       (CBI)). To inspect the hard copy                                  The EPA’s proposed action provided
                                                                                                        materials, please schedule an                                  a 30-day public comment period. During
                                                                                                        appointment during normal business                             this period, we received comments from
                                           ENVIRONMENTAL PROTECTION                                     hours with the contact listed in the FOR
                                           AGENCY                                                                                                                      Adenike Adeyeye, Earthjustice, by email
                                                                                                        FURTHER INFORMATION CONTACT section.                           dated and received September 16, 2015.
                                           40 CFR Part 52                                               FOR FURTHER INFORMATION CONTACT:                               The comments and our responses are
                                                                                                        Idalia Pérez, EPA Region IX, (415) 972                        summarized below.
                                           [EPA–R09–OAR–2015–0489; FRL–9950–19–                                                                                           Comment 1: Earthjustice asserts that
                                           Region 9]                                                    3248, Perez.Idalia@epa.gov.
                                                                                                                                                                       the emission reductions identified in
                                                                                                        SUPPLEMENTARY INFORMATION:                                     the Emission Reduction Report are not
                                           Revision to the California State
                                           Implementation Plan; San Joaquin                             Throughout this document, ‘‘we,’’ ‘‘us’’                       enforceable by the public and therefore
                                           Valley; Demonstration of Creditable                          and ‘‘our’’ refer to the EPA.                                  should not be approved into the SIP.
                                           Emission Reductions From Economic                                                                                           According to Earthjustice, the Carl
                                                                                                        Table of Contents                                              Moyer program allows air districts to
                                           Incentive Programs
                                                                                                        I. Proposed Action                                             enter into emission reduction
                                           AGENCY:  Environmental Protection                            II. Public Comments and EPA Responses                          agreements with grant recipients, with
                                           Agency (EPA).                                                III. EPA Action                                                CARB added to contracts as a third
                                           ACTION: Final rule.                                          IV. Statutory and Executive Order Reviews                      party with enforcement rights, but does
                                                                                                                                                                       not enable the public to enforce these
                                           SUMMARY:    The Environmental Protection                     I. Proposed Action                                             emission reduction agreements entered
                                           Agency (EPA) is finalizing a limited                                                                                        into among CARB, the air district, and
                                           approval and limited disapproval of a                           On August 24, 2015 (80 FR 51147),
                                                                                                        the EPA proposed to approve the                                the grant recipient. Earthjustice argues
                                           demonstration of creditable emission                                                                                        that the EPA’s enforceability criteria
                                           reductions submitted by California for                       ‘‘Report on Reductions Achieved from
                                                                                                        Incentive-based Emission Reduction                             require that citizens have access to all
                                           approval into the San Joaquin Valley                                                                                        emissions-related information obtained
                                           (SJV) portion of the California State                        Measures in the San Joaquin Valley’’
                                                                                                                                                                       from participating sources and be able
                                           Implementation Plan (SIP). This SIP                          (Emission Reduction Report) and, based
                                                                                                                                                                       to file suit against a responsible entity
                                           submittal demonstrates that certain state                    on California’s documentation therein of
                                                                                                                                                                       for violations, and that the Emission
                                           incentive funding programs have                              actions taken by grantees in accordance                        Reduction Report does not meet these
                                           achieved specified amounts of                                with the identified incentive program                          criteria.
                                           reductions in emissions of nitrogen                          guidelines, to approve 7.8 tpd of NOX                             Response 1: We agree with the
                                           oxides (NOX) and fine particulate matter                     emission reductions and 0.2 tpd of                             commenter’s statement that the public
                                           (PM2.5) in the SJV area by 2014. The                         PM2.5 emission reductions for credit                           cannot enforce the agreements entered
                                           effect of this action would be to approve                    toward the State’s 2014 emission                               into among CARB, an air district and a
                                           specific amounts of emission reductions                      reduction commitments in its 2008 plan                         grant recipient but disagree with the
                                           for credit toward an emission reduction                      to provide for attainment of the 1997                          commenter’s suggestion that this
                                           commitment in the California SIP. We                         PM2.5 National Ambient Air Quality                             renders the Emission Reduction Report
                                           are approving these emission reductions                      Standards (NAAQS) in the San Joaquin                           inconsistent with the EPA’s
                                           under the Clean Air Act (CAA or the                          Valley (hereafter ‘‘2008 PM2.5 Plan’’).1                       enforceability criteria. This Emission
                                           Act).                                                        The California Air Resources Board                             Reduction Report was submitted to
                                           DATES: This rule is effective on                             (CARB) adopted the Emission Reduction                          demonstrate that that a portion of the
                                           September 30, 2016.                                          Report on October 24, 2014 and                                 emission reductions required under a
                                           ADDRESSES: The EPA has established                           submitted it to EPA as a revision to the                       previously approved SIP commitment
                                           docket number EPA–R09–OAR–2015–                              California SIP on November 17, 2014.                           have in fact been achieved—not to
                                           0489 for this action. Generally,                             We proposed to approve the Emission                            satisfy a future emission reduction
                                           documents in the docket for this action                      Reduction Report based on a                                    requirement—and thus it does not need
                                           are available electronically at http://                      determination that it satisfied the                            to provide a citizen enforcement
                                           www.regulations.gov or in hard copy at                       applicable CAA requirements. Our                               mechanism.
                                           EPA Region IX, 75 Hawthorne Street,                          proposed action contains more                                     As we explained in our proposed rule,
                                           San Francisco, California 94105–3901.                        information on the Emission Reduction                          where a state relies on a discretionary
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                                           While all documents in the docket are                        Report and our evaluation.                                     economic incentive program (EIP) or
                                           listed at http://www.regulations.gov,                                                                                       other voluntary measure to satisfy an
                                           some information may be publicly                               1 The 2014 emission reduction commitments are
                                                                                                                                                                       attainment planning requirement under
                                           available only at the hard copy location                     codified at 40 CFR 52.220(c)(356)(ii)(B)(2) and                the CAA (e.g., to demonstrate that
                                           (e.g., copyrighted material, large maps,                     52.220(c)(392)(ii)(A)(2). 76 FR 69896, 69926                   specific amounts of emission reductions
                                           multi-volume reports), and some may                          (November 9, 2011).                                            will occur by a future milestone date),


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Document Created: 2018-02-09 11:33:38
Document Modified: 2018-02-09 11:33:38
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis direct final rule will be effective October 11, 2016, unless EPA receives adverse comments by September 12, 2016. If adverse comments are received, 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.
ContactJenny Liljegren, Physical Scientist, Attainment Planning and Maintenance Section, Air Programs Branch (AR- 18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6832, [email protected]
FR Citation81 FR 53297 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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