Approval and Promulgation of Implementation Plan; Indiana

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IN31-1-5934; FRL-4888-2]

Approval and Promulgation of Implementation Plan; Indiana

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The United States Environmental Protection Agency (USEPA) is

approving the State Implementation Plan (SIP) revision request adopted

by the Indiana Pollution Control Board on July 21, 1993, and formally

submitted by the state of Indiana on January 6, 1994, for the purpose

of implementing an emission statement program for stationary sources

within the ozone nonattainment counties of Clark, Elkhart, Floyd, Lake,

Marion, Porter, St. Joseph, and Vanderburgh. The implementation plan

was submitted by the state to satisfy the Federal requirements for an

emission statement program as part of the SIP for Indiana.

EFFECTIVE DATE: This final rule will be effective August 9, 1994 unless

notice is received by July 11, 1994 that someone wishes to submit

adverse comments. If the effective date is delayed, timely notice will

be published in the Federal Register.

ADDRESSES: Comments on this action should be addressed to: J. Elmer

Bortzer, Chief, Regulation Development Section, Regulation Development

Branch (AR-18J), U.S. Environmental Protection Agency, 77 West Jackson

Boulevard, Chicago, Illinois 60604.

Copies of the requested SIP revision, technical support documents

and public comments received are available at the following address:

U.S. Environmental Protection Agency, Region 5, Air and Radiation

Division, 77 West Jackson Boulevard (AR-18J), Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT: Hattie Geisler, Regulation Development

Section (AR-18), Regulation Development Branch, U.S. Environmental

Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604,

(312) 886-3199. Anyone wishing to come to Region 5 offices should

contact Hattie Geisler first. Reference File IN31-1-5934.

A copy of this revision to the Indiana SIP is available for

inspection at: Office of Air and Radiation (OAR), Docket and

Information Center (Air Docket 6102), room M1500, U.S. Environmental

Protection Agency, 401 M Street, SW., Washington, DC 20460, (202) 260-

7548.

SUPPLEMENTARY INFORMATION:

I. Summary of State Submittal

On July 21, 1993, the Indiana Pollution Control Board adopted and

on January 6, 1994, the Indiana Department of Environmental Management

(IDEM) formally submitted to the USEPA a request to approve the July

21, 1993, adopted emission statement regulations, codified as 326 IAC

2-6. This submission addresses the emission statement requirements

which are found in section 182(a)(3)(B) of the Clean Air Act (Act), as

amended (1990 Amendments).

Section 182(a)(3)(B) of the Act states that, within 2 years after

the enactment of the Act, states with ozone nonattainment areas

(classified as marginal or worse) must submit revisions to their SIPs

to require the owners or operators of stationary sources of Volatile

Organic Compounds (VOC) or Oxides of Nitrogen (NOX) to provide the

states with statements, in a form acceptable to the USEPA, showing

actual emissions of NOX and/or VOC from the sources. The first

emission statements must be submitted within 3 years of the enactment

of the Act. Subsequent statements are to be submitted annually

thereafter. These statements must contain certifications of accuracy.

Section 182(a)(3)(B)(ii) of the Act specifies that the states may

waive the requirements for emission statements for any class or

category of sources which emit less than 25 tons per year if the

states, through the submission of base year emission inventories or

periodic emission inventories (required to be submitted to the USEPA

every three years), provide for the reporting of the emissions from the

exempted source classes or categories and emissions are determined

using emission factors acceptable to the USEPA.

II. Analysis of State Submittal

The criteria used to review the submitted SIP revisions are found

in USEPA's draft Guidance on the Implementation of an Emission

Statement Program, (July 1992). It should be noted that this guideline

has not been finalized, but does provide current USEPA guidance on the

contents of emission statements and on the states' use of emission

statements. For this reason, the July 1992 draft guidance has been used

for the technical review of this submission. It should be noted that

the USEPA intends to incorporate the guidelines contained in the July

1992 guidance into the Code of Federal Regulations in the near future.

The July 1992 guidance describes the following requirements for

emission statement SIP revisions:

1. Regardless of what minimum emission reporting level is

established, if either VOC or NOX is emitted at or above the

established minimum reporting level, the emissions of both VOC and

NOX should be reported;

2. The emission statements should, at minimum, include the

following data:

a. Certification of data accuracy; to be made by an officer of the

reporting company who will take legal responsibility for the accuracy

of the reported data;

b. Source identification information;

c. Operating schedules;

d. Emissions information, including both annual and typical ozone

season daily emissions;

e. Control equipment information; and

f. Process data.

3. States must incorporate the emission statement data into an

annual point source emissions submittal to the USEPA. This annual

emissions submittal is first due to the USEPA by July 1, 1993;

4. In addition to the submittal of emission statements and the

annual point source emissions report, the USEPA is also requesting that

states submit an Emissions Statement Status Report (ESSR) beginning by

July 1, 1993. The ESSR is to be submitted quarterly each year until all

applicable sources have submitted emission statements. The ESSR should

individually list the source facilities that are delinquent in

submitting emission statements. The ESSR should also include the total

annual and typical ozone season day emissions from all source

facilities submitting emission statements prior to the ESSR submittal;

5. States are required to use the data collected through the

emission statement program to annually update the facility-specific

data contained in the Aerometric Information Retrieval System (AIRS) by

July 1st of each year; and

6. States must commit to retain emission statement data and

submittals for a period of at least three years.

Indiana's submittal contains the adopted regulations that will

apply to source facilities and that specify what data are to be

submitted. The remainder of this technical review will be dedicated to

reviewing the contents and technical merits of the state's adopted

regulations and the accompanying state commitments.

As noted above, the emission statement regulations are codified as

326 IAC 2-6. The provisions of the regulations are outlined as follows:

Applicability

The emission statement regulations are applicable to all sources of

VOC or NOX with the potential to emit 10 tons per year or more of

VOC or NOX in the Counties of: Clark, Elkhart, Floyd, Lake,

Marion, Porter, St. Joseph, and Vanderburgh. The regulations are also

applicable to sources of Carbon Monoxide (CO), VOC, NOX,

Particulate Matter (PM), and Sulfur Dioxide (SO2) which have the

potential to emit 100 tons per year or more and to sources of Lead (Pb)

which have the potential to emit 5 tons per year or more in the State

of Indiana. If the emissions from a facility surpass the emission

cutoff for any of these pollutants, the emissions of all the named

pollutants must be addressed in the submitted emission statement.

Definitions

The definitions in 326 IAC 2-6 applicable to the emission statement

regulations and of greatest relevance to the emission statement

regulations are summarized here.

Actual emissions means the actual rate of emissions of a pollutant

from an emissions unit for the calendar year or seasonal period.

Annual process rate means the actual or estimated annual fuel,

process, or solid waste operating rate in an emission statement

operating year.

Certifying individual means the individual responsible for the

completion and certification of the emission statement, such as an

officer of the company or an employee, who will take legal

responsibility for the accuracy of the emission statement.

Control efficiency means the actual emission control efficiency

achieved by the applicable emission control device(s) during the

emission statement operating year. The control efficiency must reflect

control equipment downtime, operation with diminished effectiveness,

and any other malfunctions that occurred while the emission source(s)

were in operation. If the actual control efficiency during the emission

statement operating year is unknown or cannot reasonably be predicted

from available data, then the efficiency designed by the manufacturer

may be used. When the actual control efficiency is unknown, it should

be clearly indicated that the design efficiency, and not the actual

efficiency, is being reported.

Control equipment identification code means the AIRS or AIRS

Facility Subsystem (AFS) code which defines the equipment used to

reduce by destruction or removal the amount of air pollutant in an air

stream prior to discharge to the ambient air.

Downtime means the period of time when the control device is not

operational during the corresponding period of the process.

Emission factor means an estimate of the rate at which a pollutant

is released to the atmosphere as the result of some activity, divided

by the rate of that activity, such as production rate or throughput.

Emission statement operating year means the 12 consecutive month

time period starting December 1 and ending November 30 for those

sources located in Clark, Elkhart, Floyd, Lake, Marion, Porter, St.

Joseph, or Vanderburgh Counties with the potential to emit VOC or

NOX into the ambient air at levels equal to or greater than 10

tons per year, or the 12 consecutive month time period starting January

1 and ending December 31 for all other sources to which the emission

statement regulations apply (see the discussion of applicability

above).

Estimated emissions method code means a one position (one

character) AIRS or AFS code which identifies the estimation technique

used in the calculation of estimated emissions.

Fugitive emission means releases to the air that are not emitted

through stacks, vents, ducts, pipes, or any other confined air stream.

Fugitive emissions include equipment leaks, evaporative losses from

surface impoundments, and releases from building ventilation systems.

Peak ozone season means the contiguous three-month period of the

year from June through August.

Percentage annual throughput means:

1. The weighted percent of yearly activity for those sources

located in Clark, Elkhart, Floyd, Lake, Marion, Porter, St. Joseph, or

Vanderburgh Counties with the potential to emit VOC or NOX into

the ambient air at levels equal to or greater than 10 tons per year and

for the following periods:

a. December through February;

b. March through May;

c. June through August; and

d. September through November.

2. The weighted percent of yearly activity for all other sources to

which the emission statement regulations apply for the following

periods:

a. January through March;

b. April through June;

c. July through September; and

d. October through December.

Plant means the total facilities available for production or

service.

Point means a physical emission point or process, such as a

distinct building or a portion of a building, within a plant that

results in pollutant emissions.

Process rate means a quantity per unit of time of any raw material

or process intermediate consumed, or product generated through the use

of any equipment, source operation, or process. For a stationary

internal combustion unit or any other fuel burning equipment, this term

means the quantity of fuel burned per unit time.

Segment means components of an emissions point or process, at the

level that emissions are calculated.

SIC code means the standard industrial classification code.

Stack means a (smoke) stack or vent within a plant where emissions

are introduced into the atmosphere.

Stationary source means any building, structure, facility, or

installation which emits, or may emit, any air pollutant subject to

regulation under Indiana Code 13-1-1 (IC 13-1-1).

Typical ozone season day means a day typical of that period of the

year during the peak ozone season.

Compliance Schedule

The owner or operator of any source facility located in Clark,

Elkhart, Floyd, Lake, Marion, Porter, St. Joseph, or Vanderburgh

Counties with the potential to emit VOC or NOX into the ambient

air at levels equal to or greater than 10 tons per year must annually

submit an emission statement to the Commissioner (of IDEM) by April 15.

The owners or operators of other sources to which the emission

statement regulations apply must annually submit an emission statement

to the Commissioner by July 1. The submittals must cover the time

periods covered under the definition of ``emission statement operating

year.''

Requirements

The emission statement submitted by each applicable facility must

contain the following information:

1. Certification that the information contained in the emission

statement is accurate to the best knowledge of the individual

certifying the emission statement. The certification must include the

full name, title, signature, date of signature, and telephone number of

the certifying individual. The certifying individual shall be employed

by the company and shall take legal responsibility for the accuracy of

the emission statement;

2. Source identification information including: (a) The full name,

physical location, and mailing address of the facility; (b) source

latitude and longitude; and (c) SIC code(s);

3. Operating data, to include the following:

a. Percent annual throughput by quarter:

i. For those sources of VOC or NOX with the potential to emit

equal to or more than 10 tons per year of VOC or NOX in the

Counties of: Clark; Elkhart; Floyd; Lake; Marion; Porter; St. Joseph;

and Vanderburgh, the quarters are defined as follows:

(AA) December through February;

(BB) March through May;

(CC) June through August;

(DD) September through November;

ii. For all other sources subject to the emission statement rule,

the quarters are defined as follows:

(AA) January through March;

(BB) April through June;

(CC) July through September;

(DD) October through December;

b. For those sources of VOC or NOX with the potential to emit

equal to or greater than 10 tons per year of VOC or NOX in the

Counties of: Clark; Elkhart; Floyd; Lake; Marion; Porter; St. Joseph;

and Vanderburgh, the days per week on both the normal operating

schedule and on a typical ozone season week, if different from the

normal operating schedule. The peak ozone season for Indiana is June

through August;

c. For all other sources (other than those in (b) above) subject to

the emission statement rule, the days per week of the normal operating

schedule;

d. Hours per day during the normal operating schedule;

e. Hours per year during the normal operating schedule;

f. For those sources of VOC or NOX with the potential to emit

equal to or greater than 10 tons per year of VOC or NOX in the

Counties of: Clark; Elkhart; Floyd; Lake; Marion; Porter; St. Joseph;

and Vanderburgh, the weeks of operation during the peak ozone season;

g. Annual fuel or process weight and units used;

4. Emissions information including:

a. For those sources of VOC or NOX with the potential to emit

equal to or greater than 10 tons per year of VOC or NOX in the

Counties of: Clark; Elkhart; Floyd; Lake; Marion; Porter; St. Joseph;

and Vanderburgh, the estimated actual VOC and NOX emissions at the

segment level, in tons per year for an annual emission rate and pounds

per day for a typical ozone season day. Actual emission estimates must

include upsets, downtime, and fugitive emissions;

b. For all other sources (other than those in (a) above) subject to

the emission statement rule, the estimated actual VOC, NOX, CO,

SO2, Pb, or PM emissions at the segment level, in tons per year for an

annual emission rate. Actual emission estimates must include upsets,

downtime, and fugitive emissions;

c. AIRS facility subsystem estimated emissions method code;

d. Calendar year for the emissions;

e. Emission factor if used. If the emissions were calculated using

an emission factor, the emission factor must:

i. Be one established in AP-42, ``Compilation of Air Pollutant

Emission Factors'', Volume 1, Fourth Edition, September 1985; or

ii. In the alternative, the source may substitute site specific

values for those listed in AP-42 if these site specific values are

accepted by the IDEM and the USEPA;

f. Source Classification Code number;

5. Control equipment information including: (a) Current primary and

secondary AFS control equipment identification codes; and (b) current

control equipment efficiencies reflecting the total control

efficiencies from all control equipment and including the effects of

downtime and maintenance degradation. If the control efficiency is

unavailable, the design control efficiency or the control efficiency

limit imposed by a permit must be specified;

6. Process rate data (in units prescribed in the AIRS facility

subsystem source classification code table) including:

a. Annual process rates; and

b. For those sources of VOC or NOX with the potential to emit

equal to or greater than 10 tons per year of VOC or NOX in the

Counties of: Clark; Elkhart; Floyd; Lake; Marion; Porter; St. Joseph;

and Vanderburgh, peak ozone season daily process rates.

In addition to the requirements of the emission statement

regulations, the emission statement SIP revision submittal also

contains IDEM commitments to the following:

1. IDEM will update the AIRS facility subsystem using the annual

emissions report data. The data required by the Act will be entered

into AIRS by July 1st each year. The data required by 40 CFR part 51

will be updated into AIRS by September 1 of each year.

2. IDEM will retain the annual emission reports on file for at

least 3 years.

3. IDEM will develop and submit to the USEPA a status report that

outlines the degree of compliance with the emission statement program.

IDEM will report quarterly to the USEPA, the total number of sources

affected by the emission statement regulations, the number of sources

that have complied with the emission statement regulations, and the

number of sources that have not. The status report will also include

the total annual and typical ozone season day emissions from all

reporting VOC and NOX sources located in Clark, Elkhart, Floyd,

Lake, Marion, Porter, St. Joseph, and Vanderburgh Counties, both

corrected and non-corrected for rule effectiveness. Sources that are

delinquent in submitting their emission statements will be individually

listed if they emit 500 tons per year or more of VOC or 2,500 tons per

year or more of NOX. The quarterly status reports will be

submitted July 1, October 1, January 1, and April 1 of each year.

III. Final Action

IDEM's adopted annual emissions reporting regulations submitted on

January 6, 1994, are acceptable under section 182(a)(3)(B) of the Act

and USEPA's draft guidelines.

Because USEPA considers today's action noncontroversial and

routine, we are approving it today without prior proposal. The action

will become effective on August 9, 1994. However, if we receive notice

by July 11, 1994 that someone wishes to submit adverse comments, then

USEPA will publish: (1) A document that withdraws the action; and (2) a

document that begins a new action by proposing the action and

establishing a comment period.

Nothing in this action should be construed as permitting, allowing

or establishing a precedent for any future request for revision to any

SIP. USEPA shall consider each request for revision to the SIP in light

of specific technical, economic, and environmental factors and in

relation to relevant statutory and regulatory requirements.

This has been classified as a Table 2 action by the Regional

Administrator under procedures published in the Federal Register on

January 19, 1989, (54 FR 2214-2225), as revised by an October 4, 1993,

memorandum from Michael H. Shapiro, Acting Assistant Administrator for

Air and Radiation. A future document will inform the general public of

these tables. On January 6, 1989, the Office of Management and Budget

(OMB) waived Table 2 and Table 3 SIP revisions (54 FR 2222) from the

requirements of section 3 of Executive Order 12291 for 2 years. The

USEPA has submitted a request for a permanent waiver for Table 2 and

Table 3 SIP revisions. The OMB has agreed to continue the waiver until

such time as it rules on USEPA's request. This request continues in

effect under Executive Order 12866 which superseded Executive Order

12291 on September 30, 1993.

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., USEPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. (5 U.S.C. 603 and 604.)

Alternatively, USEPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000.

SIP approvals under section 110 and subchapter I, part D of the Act

do not create any new requirements, but simply approve requirements

that the State is already imposing. Therefore, because the Federal SIP

approval does not impose any new requirements, I certify that it does

not have a significant impact on any small entities affected. Moreover,

due to the nature of the Federal-State relationship under the Act,

preparation of a regulatory flexibility analysis would constitute

Federal inquiry into the economic reasonableness of State action. The

Act forbids the USEPA to base its actions concerning SIPs on such

grounds. Union Electric Co. v. USEPA 427 U.S. 246, 256-66 (S.Ct. 1976);

42 U.S.C. 7410(a) (2).

Under section 307(b)(1) of the Act, petitions for judicial review

of this action must be filed in the United States Court of Appeals for

the appropriate circuit by August 9, 1994. Filing a petition for

reconsideration by the Administrator of this final rule does not affect

the finality of this rule for the purposes of judicial review nor does

it extend the time within which a petition for judicial review may be

filed, and shall not postpone the effectiveness of such rule or action.

This action may not be challenged later in proceedings to enforce its

requirements. (See section 307(b)(2))

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by

reference, Intergovernmental relations, Carbon monoxide, Volatile

organic compounds, Particulate matter, Sulfur dioxide.

Dated: April 26, 1994.

Robert Springer,

Acting Regional Administrator.

For the reasons stated in the preamble, chapter I, title I of the

Code of Federal Regulations is amended as follows:

PART 52--[AMENDED]

1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401-7671q.

Subpart P--Indiana

2. Section 52.770 is amended by adding paragraph (c)(91) to read as

follows:

Sec. 52.770 Identification of plan.

* * * * *

(c) * * *

(91) On January 6, 1994, the State of Indiana submitted a requested

revision to the Indiana State Implementation Plan (SIP) intended to

satisfy the requirements of section 182(a)(3)(B) of the Clean Air Act

as amended in 1990. Included were State rules establishing procedures

for the annual reporting of emissions of volatile organic material

(VOM) and oxides of nitrogen (NOx) as well as other regulated air

pollutants by stationary sources in ozone nonattainment areas.

(i) Incorporation by reference.

(A) Title 326 of the Indiana Administrative Code (326IAC) 2-6 which

was adopted by the Indiana Air Pollution Control Board, effective

December 13, 1993.

[FR Doc. 94-14078 Filed 6-9-94; 8:45 am]

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