82 FR 16934 - Air Plan Approval; Indiana; Base Year Emissions Inventory and Emissions Statement Rule Certification for Lake and Porter Counties for the 2008 Ozone Standard
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 66 (April 7, 2017)
Federal Register Volume 82, Issue 66 (April 7, 2017)
| Page Range | 16934-16938 | |
| FR Document | 2017-06897 |
[Federal Register Volume 82, Number 66 (Friday, April 7, 2017)] [Rules and Regulations] [Pages 16934-16938] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-06897] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2016-0370; EPA-R05-OAR-2016-0371; FRL-9960-90-Region 5] Air Plan Approval; Indiana; Base Year Emissions Inventory and Emissions Statement Rule Certification for Lake and Porter Counties for the 2008 Ozone Standard AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving two State Implementation Plan (SIP) submissions from the Indiana Department of Environmental Management (IDEM), both dated June 15, 2016. The first addresses emissions inventory requirements for the Indiana portion of the Chicago-Naperville, Illinois-Indiana-Wisconsin (IL-IN-WI) ozone nonattainment area under the 2008 ozone National Ambient Air Quality Standard (NAAQS). The Clean Air Act (CAA) requires emissions inventories for all ozone nonattainment areas. The documented emissions inventory included in Indiana's June 15, 2016, submission meets this CAA requirement. The second submission provides Indiana's certification that its existing Emissions Reporting Rule, previously approved by EPA under a prior ozone standard, satisfies the CAA emissions statement rule requirement for Lake and Porter Counties under the 2008 ozone standard. DATES: This direct final rule will be effective June 6, 2017, unless EPA receives adverse comments by May 8, 2017. If adverse comments are received by EPA, 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-2016-0370 (Emissions Statement) or by Docket ID No. EPA-R05-OAR- 2016-0371 (Emissions Inventory) at http://www.regulations.gov or via email to [email protected]. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing [[Page 16935]] 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: Kathleen D'Agostino, Attainment Planning and Maintenance Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, 312-886-1767, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,'' ``us,'' or ``our'' is used, we mean EPA. This supplementary information section is arranged as follows: I. The 2008 Ozone NAAQS Emissions Inventory and Emissions Statement Rule Requirements II. Indiana's Emissions Inventory III. Indiana's Emissions Statement Rule Certification IV. EPA's Evaluation V. Final Action VI. Statutory and Executive Order Reviews I. The 2008 Ozone NAAQS Emissions Inventory and Emissions Statement Rule Requirements On March 12, 2008, EPA promulgated a revised 8-hour ozone NAAQS of 0.075 parts per million (ppm). See 73 FR 16436 (March 27, 2008). On July 20, 2012, EPA designated nonattainment areas for the 2008 ozone NAAQS (77 FR 30088, May 21, 2012, and 77 FR 34221, June 11, 2012). The Chicago-Naperville, IL-IN-WI area was designated as a marginal nonattainment area for the 2008 ozone NAAQS. The Indiana portion of this ozone nonattainment area consists of Lake and Porter Counties. A. Emissions Inventories CAA sections 172(c)(3) and 182(a)(1), 42 U.S.C. 7502(c)(3) and 7511a(a)(1), require states to develop and submit, as SIP revisions, comprehensive, accurate, and complete emissions inventories for all areas designated as nonattainment for the ozone NAAQS. An emissions inventory for ozone is an estimation of actual emissions of air pollutants that contribute to the formation of ozone in an area. Ozone is a gas that is formed by the reaction of Volatile Organic Compounds (VOC) and Oxides of Nitrogen (NOX ) in the atmosphere in the presence of sunlight (VOC and NOX are referred to as ozone precursors). Therefore, an emissions inventory for ozone covers the emissions of VOC and NOX within an ozone nonattainment area. VOC is emitted by many types of pollution sources, including power plants, industrial sources, on-road and off-road mobile sources, smaller stationary sources, collectively referred to as area sources, and biogenic sources.\1\ NOX is primarily emitted by combustion sources, both stationary and mobile. --------------------------------------------------------------------------- \1\ Biogenic emissions are produced by living organisms and are typically not included in the base year emission inventories, but are considered in ozone modeling analyses, which must consider all emissions in a modeled area. --------------------------------------------------------------------------- The emissions inventory provides emissions data for a variety of air quality planning tasks, including establishing baseline emission levels for calculating emission reduction targets needed to attain the NAAQS and for calculating emission reduction targets needed to meet Reasonable Further Progress (RFP) requirements, determining emission inputs for ozone air quality modeling analyses, and tracking emissions over time to determine progress toward achieving air quality and emission reduction goals. As stated above, the CAA requires the states to submit emissions inventories for areas designated as nonattainment for ozone. For the 2008 ozone NAAQS, EPA has recommended that states use 2011 as a base year for the emissions estimates (78 FR 34178, 34190, June 6, 2013). However, EPA also allows states to submit base year emissions for other years during a recent ozone standard violation period. States are required to submit estimates of VOC and NOX emissions for four general classes of anthropogenic sources in their emissions inventories: Stationary point sources; area sources; on-road mobile sources; and off-road mobile sources. B. Emissions Statement Rules Section 182(a)(3)(B) of the CAA requires states with ozone nonattainment areas to submit revisions to their SIP to require the owner or operator of each major stationary source of NOX or VOC to provide the state with an annual statement documenting the actual emissions of NOX and VOC from their source. Under section 182(a)(3)(B)(ii), a state may waive the emissions statement requirement for any class or category of stationary sources which emits less than 25 tons per year of VOC or NOX if the state, in its base year emissions inventory, provides an inventory of emissions from such class or category of sources. States and EPA have generally interpreted this waiver provision to apply to sources (without specification of a specific source class or source category) emitting less than 25 tons per year of VOC or NOX . Many states adopted these emissions statement rules for the 1-hour ozone NAAQS. For these states, EPA is accepting certifications that their previously adopted emissions statement rules remain in place and are adequate to meet the emissions statement rule requirement under the 2008 ozone standard. II. Indiana's Emissions Inventory On June 15, 2016, IDEM submitted an ozone redesignation request for Lake and Porter Counties for the 2008 ozone NAAQS. Included in this request was documentation of a 2011 VOC and NOX base year emissions inventory for Lake and Porter Counties intended to meet the emissions inventory requirement of CAA section 182(a)(1). Preliminary monitoring data for 2016 indicates that the Chicago-Naperville, IL-IN- WI area is violating the 2008 ozone standard with 2014-2016 data. Therefore, EPA is not taking action on the ozone redesignation request portion of this June 15, 2016, submittal at this time. We are, however, proceeding with rulemaking on the base year VOC and NOX emissions inventory portion of the submittal. Table 1 summarizes the 2011 VOC and NOX emissions for Lake and Porter Counties in units of tons of emissions per ozone season \2\ day documented in Indiana's submittal. --------------------------------------------------------------------------- \2\ The ozone season is the portion of the year in which high ozone concentrations may be expected in a given area. For Lake and Porter Counties, the ozone season is March through October. Table 1--Lake and Porter Counties 2011 Emissions Inventory [Tons per ozone season day] ---------------------------------------------------------------------------------------------------------------- County Source Category NOX VOC ---------------------------------------------------------------------------------------------------------------- Lake....................................... Electric Generating Unit (EGU)..... 24.62 0.44 [[Page 16936]] Lake....................................... Non-EGU Point Source............... 43.10 15.39 Lake....................................... Area Source........................ 5.80 12.54 Lake....................................... On-Road Mobile..................... 24.01 8.89 Lake....................................... Non-Road Mobile.................... 8.07 7.55 Porter..................................... EGU................................ 5.53 0.19 Porter..................................... Non-EGU Point Source............... 23.36 1.68 Porter..................................... Area Source........................ 3.89 5.53 Porter..................................... On-Road Mobile..................... 10.02 3.71 Porter..................................... Non-Road Mobile.................... 4.62 6.64 ------------------------------- Totals................................. ................................... 153.02 62.56 ---------------------------------------------------------------------------------------------------------------- Indiana estimated emissions for all source categories, except on- road mobile sources, using annual emissions data contained in EPA's 2011 National Emissions Inventory (NEI) database. To document the derivation of these emissions data, IDEM included EPA's ``Technical Support Document (TSD) Preparation of Emissions Inventories for the Version 6.2 2011 Emissions Modeling Platform'' (August 2015) in the June 15, 2016, submittal. The Ozone NAAQS Emissions Modeling Platform (2011v6.2) was used by EPA to collect or estimate emissions data for the 2011 NEI. For point sources (EGUs and non-EGUs), IDEM calculates and stores emissions data annually in the state's Emissions Inventory Tracking System (EMITS) and annually collects such data through Indiana's Emissions Statement program. The point source data for 2011 were submitted through the Emissions Inventory System (EIS) gateway to the 2011 NEI. The EPA has supplemented the point source data in the 2011 NEI using emissions data from other databases, such as the Clean Air Markets emissions database. The area source emissions in the 2011 NEI were developed by the EPA, with comments provided by the states. Non-road mobile source emissions data were developed by the EPA using the National Mobile Inventory Model (NMIM). On-road mobile source emissions were supplied by the Northwest Indiana Regional Planning Commission (NIRPC) and were developed using EPA's Motor Vehicle Emission Simulator, version 2014 (MOVES2014), emissions model and traffic data provided by the Indiana Department of Transportation (INDOT). All annual emissions data were temporally allocated to ozone season days using temporal files found in EPA's Modeling Clearinghouse, http://www3.eap.gov/ttn/chief/emch/index.html. It is noted that, in addition to documenting county emissions totals, IDEM has also listed VOC and NOX emissions by Source Classification Code (SCC) and emissions from specific major source facilities (point sources). III. Indiana's Emissions Statement Rule Certification On June 15, 2016, through a separate submittal, IDEM submitted a certification letter confirming that Indiana's existing Emissions Reporting Rule is currently being implemented and is adequate to meet the CAA section 182(a)(3)(B) emissions reporting requirement. IDEM noted that the Emissions Reporting Rule, 326 Indiana Administrative Code (IAC) 2-6, was adopted by Indiana's Air Pollution Control Board (APCB) on December 3, 2003. This rule is part of Indiana's SIP. The rule requires sources located in Lake and Porter Counties that emit either NOX or VOC equal to or greater than 25 tons per year to annually report their actual emissions to IDEM. IDEM has certified in its June 15, 2016, letter that 326 IAC 2-6 satisfies CAA section 182(a)(3)(B) emissions reporting requirements for Lake and Porter Counties for the 2008 ozone NAAQS. Included with the certification letter is a copy of rule 326 IAC 2-6. IV. EPA's Evaluation A. Emissions Inventory In accordance with sections 172(c)(3) and 182(a)(1) of the CAA, Indiana's submittal contains a comprehensive, accurate, and current inventory of actual VOC and NOX emissions for all relevant sources in Lake and Porter Counties. The state documented the general procedures used to estimate the ozone season day emissions for each of the major source categories and for SCCs and point source facilities. IDEM provided detailed model input data used to derive on-road emissions. The documentation of the emissions estimation procedures and data sources has been determined to be adequate. IDEM has submitted evidence that it provided the public with an opportunity to request a public hearing and to comment on the material contained in the June 15, 2016, submittal. A public hearing was not requested and IDEM received no comments on the submission. Therefore, the state has complied with public notice and review requirements of the CAA. Based on the adequacy of the emissions inventories documentation and on the evidence that the public has been given an opportunity to comment on the emissions inventories, the base year emissions inventories are approvable. B. Emissions Statement Rule EPA approved Indiana's emissions statement rule, 326 IAC 2-6, into the Indiana SIP on March 27, 2007 (72 FR 14678), and it is currently being implemented. The rule requires sources of VOC and NOX in Lake and Porter Counties to annually report these emissions to the state if the sources emit VOC or NOX equaling or exceeding 25 tons per year. In addition, it is noted that Indiana typically reports point source emissions to the NEI with source cutoffs well below 25 tons per year, covering VOC and NOX emissions from sources that are not required to submit annual emissions statements. Therefore, Indiana's rule 326 IAC 2-6 meets the requirements of CAA section 182(a)(3)(B) and is approvable. V. Final Action EPA is approving the emissions inventory submitted by Indiana and specified in Table 1 above as meeting the requirements of sections 172(c)(3) and 182(a)(1) of the CAA for Lake and Porter Counties for the 2008 ozone NAAQS. We are also approving Indiana's certification that the state has an emissions statement rule in its SIP for VOC and NOX stationary sources in [[Page 16937]] Lake and Porter Counties, in accordance with the CAA section 182(a)(3)(B). 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 June 6, 2017 without further notice unless we receive relevant adverse written comments by May 8, 2017. 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. 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 June 6, 2017. VI. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); 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 June 6, 2017. 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, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: March 21, 2017. 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. Section 52.777 is amended by adding paragraphs (vv) and (ww) to read as follows: Sec. Sec. 52.777 Control strategy: photochemical oxidents (hydrocarbons). * * * * * (vv) On June 15, 2016, Indiana submitted 2011 volatile organic compounds and oxides of nitrogen emissions inventories for the Indiana portion of the Chicago-Naperville, Illinois-Indiana-Wisconsin nonattainment area for the 2008 ozone national ambient air quality standard as a revision of the Indiana state implementation plan. The documented emissions inventories are approved as a revision of the state's implementation plan. (ww) On June 15, 2016, Indiana submitted a certification that sources of volatile organic compounds or oxides of nitrogen located in Lake and Porter Counties are required to annually submit statements documenting these emissions to the state. This certification [[Page 16938]] is approved as a revision to the state's implementation plan. [FR Doc. 2017-06897 Filed 4-6-17; 8:45 am] BILLING CODE 6560-50-P
![16934 Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Rules and Regulations
Fairness Act of 1996, generally provides for reconsideration by the Administrator PART 52—APPROVAL AND
that before a rule may take effect, the of this final rule does not affect the PROMULGATION OF
agency promulgating the rule must finality of this action for the purposes of IMPLEMENTATION PLANS
submit a rule report, which includes a judicial review nor does it extend the
copy of the rule, to each House of the time within which a petition for judicial ■ 1. The authority citation for part 52
Congress and to the Comptroller General review may be filed, and shall not continues to read as follows:
of the United States. EPA will submit a postpone the effectiveness of such rule
report containing this action and other or action. This action may not be Authority: 42 U.S.C. 7401 et seq.
required information to the U.S. Senate, challenged later in proceedings to
■ 2. In § 52.1870 the table in paragraph
the U.S. House of Representatives, and enforce its requirements. (See section
307(b)(2).) (c) is amended under ‘‘Chapter 3745–72
the Comptroller General of the United Low Reid Vapor Pressure Fuel
States prior to publication of the rule in List of Subjects in 40 CFR Part 52 Requirements’’ by revising the entry for
the Federal Register. A major rule
Environmental protection, Air 3745–72–01 ‘‘Applicability’’ to read as
cannot take effect until 60 days after it
pollution control, Incorporation by follows:
is published in the Federal Register.
This action is not a ‘‘major rule’’ as reference, Intergovernmental relations,
Nitrogen oxides, Ozone, Volatile organic § 52.1870 Identification of plan.
defined by 5 U.S.C. 804(2).
compounds. * * * * *
Under section 307(b)(1) of the CAA,
Dated: March 23, 2017. (c) * * *
petitions for judicial review of this
action must be filed in the United States Robert A. Kaplan,
Court of Appeals for the appropriate Acting Regional Administrator, Region 5.
circuit by June 6, 2017. Filing a petition 40 CFR part 52 is amended as follows:
EPA-APPROVED OHIO REGULATIONS
Ohio
Ohio citation Title/subject effective EPA approval date Notes
date
* * * * * * *
Chapter 3745–72 Low Reid Vapor Pressure Fuel Requirements
* * * * * * *
3745–72–01 ...... Applicability ....... 8/1/2016 4/7/2017, [Insert Federal Register citation] ............. Only (A) to (C).
* * * * * * *
* * * * * requirements for the Indiana portion of ADDRESSES: Submit your comments,
[FR Doc. 2017–06889 Filed 4–6–17; 8:45 am] the Chicago-Naperville, Illinois-Indiana- identified by Docket ID No. EPA–R05–
BILLING CODE 6560–50–P Wisconsin (IL–IN–WI) ozone OAR–2016–0370 (Emissions Statement)
nonattainment area under the 2008 or by Docket ID No. EPA–R05–OAR–
ozone National Ambient Air Quality 2016–0371 (Emissions Inventory) at
ENVIRONMENTAL PROTECTION Standard (NAAQS). The Clean Air Act http://www.regulations.gov or via email
AGENCY (CAA) requires emissions inventories to aburano.douglas@epa.gov. For
for all ozone nonattainment areas. The comments submitted at Regulations.gov,
40 CFR Part 52
documented emissions inventory follow the online instructions for
[EPA–R05–OAR–2016–0370; EPA–R05– included in Indiana’s June 15, 2016, submitting comments. Once submitted,
OAR–2016–0371; FRL–9960–90–Region 5] submission meets this CAA comments cannot be edited or removed
requirement. The second submission from Regulations.gov. For either manner
Air Plan Approval; Indiana; Base Year of submission, EPA may publish any
provides Indiana’s certification that its
Emissions Inventory and Emissions comment received to its public docket.
Statement Rule Certification for Lake existing Emissions Reporting Rule,
previously approved by EPA under a Do not submit electronically any
and Porter Counties for the 2008 information you consider to be
Ozone Standard prior ozone standard, satisfies the CAA
emissions statement rule requirement Confidential Business Information (CBI)
AGENCY: Environmental Protection for Lake and Porter Counties under the or other information whose disclosure is
Agency (EPA). 2008 ozone standard. restricted by statute. Multimedia
ACTION: Direct final rule. submissions (audio, video, etc.) must be
DATES: This direct final rule will be accompanied by a written comment.
SUMMARY: The Environmental Protection effective June 6, 2017, unless EPA The written comment is considered the
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Agency (EPA) is approving two State receives adverse comments by May 8, official comment and should include
Implementation Plan (SIP) submissions 2017. If adverse comments are received discussion of all points you wish to
from the Indiana Department of by EPA, EPA will publish a timely make. EPA will generally not consider
Environmental Management (IDEM), withdrawal of the direct final rule in the comments or comment contents located
both dated June 15, 2016. The first Federal Register informing the public outside of the primary submission (i.e.
addresses emissions inventory that the rule will not take effect. on the web, cloud, or other file sharing
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system). For additional submission for the ozone NAAQS. An emissions nonattainment areas to submit revisions
methods, please contact the person inventory for ozone is an estimation of to their SIP to require the owner or
identified in the FOR FURTHER actual emissions of air pollutants that operator of each major stationary source
INFORMATION CONTACT section. For the contribute to the formation of ozone in of NOX or VOC to provide the state with
full EPA public comment policy, an area. Ozone is a gas that is formed an annual statement documenting the
information about CBI or multimedia by the reaction of Volatile Organic actual emissions of NOX and VOC from
submissions, and general guidance on Compounds (VOC) and Oxides of their source. Under section
making effective comments, please visit Nitrogen (NOX) in the atmosphere in the 182(a)(3)(B)(ii), a state may waive the
http://www2.epa.gov/dockets/ presence of sunlight (VOC and NOX are emissions statement requirement for any
commenting-epa-dockets. referred to as ozone precursors). class or category of stationary sources
FOR FURTHER INFORMATION CONTACT: Therefore, an emissions inventory for which emits less than 25 tons per year
Kathleen D’Agostino, Attainment ozone covers the emissions of VOC and of VOC or NOX if the state, in its base
Planning and Maintenance Section, Air NOX within an ozone nonattainment year emissions inventory, provides an
Programs Branch (AR–18J), area. VOC is emitted by many types of inventory of emissions from such class
Environmental Protection Agency, pollution sources, including power or category of sources. States and EPA
Region 5, 77 West Jackson Boulevard, plants, industrial sources, on-road and have generally interpreted this waiver
Chicago, Illinois 60604, 312–886–1767, off-road mobile sources, smaller provision to apply to sources (without
Dagostino.Kathleen@epa.gov. stationary sources, collectively referred specification of a specific source class or
SUPPLEMENTARY INFORMATION:
to as area sources, and biogenic source category) emitting less than 25
Throughout this document, whenever sources.1 NOX is primarily emitted by tons per year of VOC or NOX.
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean combustion sources, both stationary and
mobile. Many states adopted these emissions
EPA. This supplementary information statement rules for the 1-hour ozone
The emissions inventory provides
section is arranged as follows: NAAQS. For these states, EPA is
emissions data for a variety of air
I. The 2008 Ozone NAAQS Emissions quality planning tasks, including accepting certifications that their
Inventory and Emissions Statement Rule establishing baseline emission levels for previously adopted emissions statement
Requirements calculating emission reduction targets rules remain in place and are adequate
II. Indiana’s Emissions Inventory to meet the emissions statement rule
III. Indiana’s Emissions Statement Rule needed to attain the NAAQS and for
Certification calculating emission reduction targets requirement under the 2008 ozone
IV. EPA’s Evaluation needed to meet Reasonable Further standard.
V. Final Action Progress (RFP) requirements,
II. Indiana’s Emissions Inventory
VI. Statutory and Executive Order Reviews determining emission inputs for ozone
I. The 2008 Ozone NAAQS Emissions air quality modeling analyses, and On June 15, 2016, IDEM submitted an
Inventory and Emissions Statement tracking emissions over time to ozone redesignation request for Lake
Rule Requirements determine progress toward achieving air and Porter Counties for the 2008 ozone
quality and emission reduction goals. NAAQS. Included in this request was
On March 12, 2008, EPA promulgated As stated above, the CAA requires the documentation of a 2011 VOC and NOX
a revised 8-hour ozone NAAQS of 0.075 states to submit emissions inventories base year emissions inventory for Lake
parts per million (ppm). See 73 FR for areas designated as nonattainment and Porter Counties intended to meet
16436 (March 27, 2008). On July 20, for ozone. the emissions inventory requirement of
2012, EPA designated nonattainment For the 2008 ozone NAAQS, EPA has CAA section 182(a)(1). Preliminary
areas for the 2008 ozone NAAQS (77 FR recommended that states use 2011 as a monitoring data for 2016 indicates that
30088, May 21, 2012, and 77 FR 34221, base year for the emissions estimates (78 the Chicago-Naperville, IL–IN–WI area
June 11, 2012). The Chicago-Naperville, FR 34178, 34190, June 6, 2013). is violating the 2008 ozone standard
IL–IN–WI area was designated as a However, EPA also allows states to with 2014–2016 data. Therefore, EPA is
marginal nonattainment area for the submit base year emissions for other not taking action on the ozone
2008 ozone NAAQS. The Indiana years during a recent ozone standard redesignation request portion of this
portion of this ozone nonattainment violation period. States are required to June 15, 2016, submittal at this time. We
area consists of Lake and Porter submit estimates of VOC and NOX
are, however, proceeding with
Counties. emissions for four general classes of
rulemaking on the base year VOC and
anthropogenic sources in their
A. Emissions Inventories NOX emissions inventory portion of the
emissions inventories: Stationary point
CAA sections 172(c)(3) and 182(a)(1), submittal.
sources; area sources; on-road mobile
42 U.S.C. 7502(c)(3) and 7511a(a)(1), sources; and off-road mobile sources. Table 1 summarizes the 2011 VOC
require states to develop and submit, as and NOX emissions for Lake and Porter
SIP revisions, comprehensive, accurate, B. Emissions Statement Rules Counties in units of tons of emissions
and complete emissions inventories for Section 182(a)(3)(B) of the CAA per ozone season 2 day documented in
all areas designated as nonattainment requires states with ozone Indiana’s submittal.
TABLE 1—LAKE AND PORTER COUNTIES 2011 EMISSIONS INVENTORY
[Tons per ozone season day]
County Source Category NOX VOC
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Lake .......................... Electric Generating Unit (EGU) ........................................................................................ 24.62 0.44
1 Biogenic emissions are produced by living in ozone modeling analyses, which must consider 2 The ozone season is the portion of the year in
organisms and are typically not included in the all emissions in a modeled area. which high ozone concentrations may be expected
base year emission inventories, but are considered in a given area. For Lake and Porter Counties, the
ozone season is March through October.
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TABLE 1—LAKE AND PORTER COUNTIES 2011 EMISSIONS INVENTORY—Continued
[Tons per ozone season day]
County Source Category NOX VOC
Lake .......................... Non-EGU Point Source .................................................................................................... 43.10 15.39
Lake .......................... Area Source ...................................................................................................................... 5.80 12.54
Lake .......................... On-Road Mobile ................................................................................................................ 24.01 8.89
Lake .......................... Non-Road Mobile .............................................................................................................. 8.07 7.55
Porter ........................ EGU .................................................................................................................................. 5.53 0.19
Porter ........................ Non-EGU Point Source .................................................................................................... 23.36 1.68
Porter ........................ Area Source ...................................................................................................................... 3.89 5.53
Porter ........................ On-Road Mobile ................................................................................................................ 10.02 3.71
Porter ........................ Non-Road Mobile .............................................................................................................. 4.62 6.64
Totals ................. ........................................................................................................................................... 153.02 62.56
Indiana estimated emissions for all It is noted that, in addition to estimation procedures and data sources
source categories, except on-road mobile documenting county emissions totals, has been determined to be adequate.
sources, using annual emissions data IDEM has also listed VOC and NOX IDEM has submitted evidence that it
contained in EPA’s 2011 National emissions by Source Classification Code provided the public with an opportunity
Emissions Inventory (NEI) database. To (SCC) and emissions from specific major to request a public hearing and to
document the derivation of these source facilities (point sources). comment on the material contained in
emissions data, IDEM included EPA’s the June 15, 2016, submittal. A public
III. Indiana’s Emissions Statement Rule hearing was not requested and IDEM
‘‘Technical Support Document (TSD)
Certification received no comments on the
Preparation of Emissions Inventories for
the Version 6.2 2011 Emissions On June 15, 2016, through a separate submission. Therefore, the state has
Modeling Platform’’ (August 2015) in submittal, IDEM submitted a complied with public notice and review
the June 15, 2016, submittal. The Ozone certification letter confirming that requirements of the CAA.
NAAQS Emissions Modeling Platform Indiana’s existing Emissions Reporting Based on the adequacy of the
(2011v6.2) was used by EPA to collect Rule is currently being implemented emissions inventories documentation
or estimate emissions data for the 2011 and is adequate to meet the CAA section and on the evidence that the public has
NEI. 182(a)(3)(B) emissions reporting been given an opportunity to comment
For point sources (EGUs and non- requirement. IDEM noted that the on the emissions inventories, the base
EGUs), IDEM calculates and stores Emissions Reporting Rule, 326 Indiana year emissions inventories are
emissions data annually in the state’s Administrative Code (IAC) 2–6, was approvable.
Emissions Inventory Tracking System adopted by Indiana’s Air Pollution B. Emissions Statement Rule
(EMITS) and annually collects such data Control Board (APCB) on December 3,
2003. This rule is part of Indiana’s SIP. EPA approved Indiana’s emissions
through Indiana’s Emissions Statement
The rule requires sources located in statement rule, 326 IAC 2–6, into the
program. The point source data for 2011
Lake and Porter Counties that emit Indiana SIP on March 27, 2007 (72 FR
were submitted through the Emissions 14678), and it is currently being
Inventory System (EIS) gateway to the either NOX or VOC equal to or greater
than 25 tons per year to annually report implemented. The rule requires sources
2011 NEI. The EPA has supplemented of VOC and NOX in Lake and Porter
the point source data in the 2011 NEI their actual emissions to IDEM.
IDEM has certified in its June 15, Counties to annually report these
using emissions data from other emissions to the state if the sources emit
databases, such as the Clean Air Markets 2016, letter that 326 IAC 2–6 satisfies
CAA section 182(a)(3)(B) emissions VOC or NOX equaling or exceeding 25
emissions database. tons per year. In addition, it is noted
The area source emissions in the 2011 reporting requirements for Lake and
Porter Counties for the 2008 ozone that Indiana typically reports point
NEI were developed by the EPA, with source emissions to the NEI with source
comments provided by the states. NAAQS. Included with the certification
letter is a copy of rule 326 IAC 2–6. cutoffs well below 25 tons per year,
Non-road mobile source emissions covering VOC and NOX emissions from
data were developed by the EPA using IV. EPA’s Evaluation sources that are not required to submit
the National Mobile Inventory Model annual emissions statements. Therefore,
(NMIM). A. Emissions Inventory
Indiana’s rule 326 IAC 2–6 meets the
On-road mobile source emissions In accordance with sections 172(c)(3) requirements of CAA section
were supplied by the Northwest Indiana and 182(a)(1) of the CAA, Indiana’s 182(a)(3)(B) and is approvable.
Regional Planning Commission (NIRPC) submittal contains a comprehensive,
and were developed using EPA’s Motor accurate, and current inventory of actual V. Final Action
Vehicle Emission Simulator, version VOC and NOX emissions for all relevant EPA is approving the emissions
2014 (MOVES2014), emissions model sources in Lake and Porter Counties. inventory submitted by Indiana and
and traffic data provided by the Indiana The state documented the general specified in Table 1 above as meeting
Department of Transportation (INDOT). procedures used to estimate the ozone the requirements of sections 172(c)(3)
nlaroche on DSK30NT082PROD with RULES
All annual emissions data were season day emissions for each of the and 182(a)(1) of the CAA for Lake and
temporally allocated to ozone season major source categories and for SCCs Porter Counties for the 2008 ozone
days using temporal files found in and point source facilities. IDEM NAAQS. We are also approving
EPA’s Modeling Clearinghouse, http:// provided detailed model input data Indiana’s certification that the state has
www3.eap.gov/ttn/chief/emch/ used to derive on-road emissions. The an emissions statement rule in its SIP
index.html. documentation of the emissions for VOC and NOX stationary sources in
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![16938 Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Rules and Regulations
is approved as a revision to the state’s DATES: This final rule is effective April Response: EPA agrees with the
implementation plan. 7, 2017. comment, and no changes were made to
[FR Doc. 2017–06897 Filed 4–6–17; 8:45 am] ADDRESSES: EPA has established a the final action based on this comment.
BILLING CODE 6560–50–P docket for this action under Docket ID III. What action is EPA taking?
No. EPA–R05–OAR–2016–0479. All
documents in the docket are listed on EPA is taking several actions related
ENVIRONMENTAL PROTECTION the www.regulations.gov Web site. to redesignation of the Cincinnati-
AGENCY Although listed in the index, some Hamilton area to attainment for the 1997
information is not publicly available, annual PM2.5 NAAQS.
40 CFR Parts 52 and 81 i.e., Confidential Business Information EPA has previously approved Ohio’s
(CBI) or other information whose PM2.5 maintenance plan and motor
[EPA–R05–OAR–2016–0479; FRL–9960–82– disclosure is restricted by statute. vehicle emission budgets for the
Region 5] Certain other material, such as Cincinnati-Hamilton area. EPA has
copyrighted material, is not placed on determined that this plan and budgets
Air Plan Approval; Ohio; the Internet and will be publicly are still applicable.
Redesignation of the Ohio Portion of EPA has previously approved the
available only in hard copy form.
the Cincinnati-Hamilton, OH–IN–KY 2005 primary PM2.5, NOX, and SO2 base
Publicly available docket materials are
Area to Attainment of the 1997 Annual year emissions inventory. EPA is
available either through
Standard for Fine Particulate Matter approving Ohio’s updated emissions
www.regulations.gov or at the
inventory which includes emissions
AGENCY: Environmental Protection Environmental Protection Agency,
inventories for VOCs and ammonia from
Agency (EPA). Region 5, Air and Radiation Division, 77
2007. EPA has determined that Ohio
ACTION: Final rule.
West Jackson Boulevard, Chicago,
meets the emissions inventory
Illinois 60604. This facility is open from
requirement under section
SUMMARY: The Environmental Protection 8:30 a.m. to 4:30 p.m., Monday through
107(d)(3)(E)(iii).
Agency (EPA) is redesignating the Ohio Friday, excluding Federal holidays. We EPA is approving the RACM/RACT
portion of the Cincinnati-Hamilton, recommend that you telephone Joseph portion of Ohio’s prior Cincinnati-
OH–IN–KY, nonattainment area Ko, Environmental Engineer, at (312) Hamilton area attainment plan SIP
(hereafter, ‘‘the Cincinnati-Hamilton 886–7947 before visiting the Region 5 revision as providing adequate RACM/
area’’) to attainment for the 1997 fine office. RACT consistent with the provisions of
particulate matter (PM2.5) annual FOR FURTHER INFORMATION CONTACT: 40 CFR 51.1010(b), because Ohio has
national ambient air quality standards Joseph Ko, Environmental Engineer, demonstrated with a RACM/RACT
(NAAQS or standard). The Ohio portion Attainment Planning and Maintenance analysis that no further control
of the Cincinnati-Hamilton area Section, Air Programs Branch (AR–18J), measures would advance the attainment
includes Butler, Clermont, Hamilton, Environmental Protection Agency, date in the area.
and Warren Counties. Because EPA has Region 5, 77 West Jackson Boulevard, In The Fine Particulate Matter
determined that the Cincinnati- Chicago, Illinois 60604, (312) 886–7947, National Ambient Air Quality
Hamilton area is attaining the annual ko.joseph@epa.gov. Standards: State Implementation Plan
PM2.5 standard, EPA is redesignating the SUPPLEMENTARY INFORMATION: Requirements final rule (final PM2.5 SIP
area to attainment and also approving Throughout this document whenever requirements rule), EPA revoked the
several additional related actions. EPA ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 1997 primary annual PM2.5 NAAQS in
is approving the Reasonably Available EPA. This supplementary information areas that had always been attainment
Control Measures (RACM)—Reasonably section is arranged as follows: for that NAAQS, and in areas that had
Available Control Technology (RACT) been designated as nonattainment but
I. Background
portion of Ohio’s Cincinnati-Hamilton II. Response to Comments that were redesignated to attainment
area attainment plan state III. What action is EPA taking? before October 24, 2016, the rule’s
implementation plan (SIP) revision as IV. Statutory and Executive Order Reviews effective date. (See 81 FR 58010, August
providing adequate RACM/RACT. EPA 24, 2016.) EPA also finalized a provision
is also approving an update to the Ohio I. Background that revokes the 1997 primary annual
SIP, by updating the state’s approved On July 22, 2016, Ohio EPA submitted PM2.5 NAAQS in areas that are
plan for maintaining the 1997 annual a request to EPA to redesignate the redesignated to attainment for that
PM2.5 NAAQS through 2027. EPA Cincinnati-Hamilton area to attainment NAAQS after October 24, 2016, effective
previously approved the base year for the 1997 PM2.5 annual standard, and on the effective date of the redesignation
emissions inventory for the Cincinnati- to approve updates to the maintenance of the area to attainment for that
Hamilton area, and is approving Ohio’s plan for the area. In a notice published NAAQS. (See 40 CFR 50.13(d).)
updated emission inventory which on January 4, 2017 (82 FR 792), EPA EPA is redesignating the Ohio portion
includes emission inventories for proposed to redesignate the area and of the Cincinnati-Hamilton area to
volatile organic compounds (VOCs) and approve several actions related to the attainment for the 1997 annual PM2.5
ammonia. Ohio’s approved maintenance redesignation (82 FR 792). Additional NAAQS and approving the CAA section
plan submission includes a budget for background and details regarding this 175A maintenance plan for the 1997
the mobile source contribution of PM2.5 final action can be found in the January primary annual PM2.5 NAAQS for the
and nitrogen oxides (NOX) to the 4, 2017, proposed rule. reasons described elsewhere in the
Cincinnati-Hamilton area for
nlaroche on DSK30NT082PROD with RULES
January 4, 2017, proposed action.1 The
transportation conformity purposes, II. Response to Comments
which EPA is approving. EPA is taking Comment: EPA received one comment 1 CAA section 175A(a) establishes the
these actions in accordance with the on the proposed redesignation. The requirements that must be fulfilled by
nonattainment areas in order to be redesignated to
Clean Air Act (CAA) and EPA’s commenter supported EPA’s proposal to attainment. That section only requires that
implementation rule regarding the 1997 redesignate the Ohio portion of the nonattainment areas for the primary standard
PM2.5 NAAQS. Cincinnati-Hamilton area. submit a plan addressing maintenance of the
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Document Created: 2017-04-06 23:49:15
Document Modified: 2017-04-06 23:49:15
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | This direct final rule will be effective June 6, 2017, unless EPA receives adverse comments by May 8, 2017. If adverse comments are received by EPA, 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. | |
| Contact | Kathleen D'Agostino, Attainment Planning and Maintenance Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, 312-886-1767, [email protected] | |
| FR Citation | 82 FR 16934 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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