[Federal Register Volume 86, Number 56 (Thursday, March 25, 2021)]
[Proposed Rules]
[Pages 15838-15840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06166]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2020-0386; FRL-10021-70-Region 5]


Air Plan Approval; Indiana; Monitoring Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a revision to Indiana's State Implementation Plan (SIP) to 
address changes to its air emissions monitoring rules for Portland 
cement plants. Indiana revised its rules for Portland cement plants to 
update the monitoring of particulate matter (PM) emissions to allow the 
use an additional monitoring method. This additional monitoring option 
is consistent with EPA's recent revisions to Federal requirements for 
Portland cement plants.

DATES: Comments must be received on or before April 26, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2020-0386 at http://www.regulations.gov, or via email to 
blakley.pamela@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.

[[Page 15839]]

Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e., on the web, cloud, or other file sharing system). For 
additional submission methods, please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public 
comment policy, information about CBI or multimedia submissions, and 
general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer, 
Control Strategies Section, Air Programs Branch (AR-18J), Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, (312) 886-6524, rau.matthew@epa.gov. The EPA Region 5 
office is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, 
excluding Federal holidays and facility closures due to COVID-19.

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

I. Background

    On July 24, 2020, the Indiana Department of Environmental 
Management (IDEM) submitted a request to approve a revision to the 
Indiana SIP to address changes to the monitoring requirements at 326 
IAC 3-5-1 for Portland cement plants. This revision will allow a single 
monitoring method to demonstrate compliance with various provisions of 
the SIP. IDEM revised its rule to be consistent with EPA's revision to 
the National Emission Standards for Hazardous Air Pollutants (NESHAP) 
governing Portland cement plants.
    EPA previously revised 40 part 63, subpart LLL, the NESHAP for the 
Portland Cement Manufacturing Industry, on September 9, 2010 (75 FR 
54969). This revision removed opacity limits for most Portland cement 
plant units, including for Portland cement plants' kilns and clinker 
cooler units because it found PM emissions data to be a more accurate 
measure to monitor compliance with PM emission limits. Under the 
revised NESHAP, those units were required to monitor emissions with a 
PM continuous emissions monitoring system (CEMS) instead of a 
continuous opacity monitoring system (COMS).
    On February 12, 2013, EPA again revised the NESHAP, 40 part 63, 
subpart LLL (78 FR 10006). The revision updated the PM monitoring 
requirements for Portland cement plants to replace the compliance basis 
for PM from monitoring with a CEMS to require a PM continuous 
parametric monitoring system (CPMS). EPA found technical issues with 
monitoring PM emissions at Portland cement plants with CEMS because of 
the size and variability of PM generated by a cement kiln. A PM CPMS 
system responds to changes in PM concentration of the exhaust allowing 
Portland cement plants to better determine compliance. The NESHAP 
provides the requirements for establishing the parametric operating 
limits for subject units and requires sources to conduct an annual test 
that resets the PM CPMS operating limit and sets the standards for 
continuous monitoring.
    Indiana has revised 326 IAC 3-5-1 to allow Portland cement plants 
to monitor, with a PM CPMS, its kiln or clinker cooler units as an 
alternate to COMS. Indiana's 326 IAC 3-5-1, as currently approved into 
the Indiana SIP for PM, requires monitoring with COMS or PM CEMS, while 
the 2013 NESHAP requires monitoring with PM CPMS. This revision allows 
Portland cement plants to meet the monitoring requirements for kiln and 
clinker cooler units with one monitoring system, PM CPMS. Otherwise, 
Portland cement plants would have to operate two monitoring systems to 
satisfy the differing SIP and NESHAP requirements.

II. How has the rule been revised?

    Indiana revised 326 IAC 3-5-1 (c) to add 326 IAC 3-5-1 (c)(2) that 
allows Portland cement plants to monitor with a PM CPMS. That rule sets 
the requirements for the PM CPMS. Those include satisfying the 
requirements in 40 part 63, subpart LLL. Thus, Portland cement plants 
in Indiana will have the option of monitoring with COMS, PM CEMS, or PM 
CPMS in the revised 326 IAC 3-5-1.
    Indiana retained 326 IAC 3-5-1 (c)(1) where the requirements for 
sources, not limited to Portland cement plants, that monitor with a PM 
CEMS are found. The remaining revisions to 326 IAC 3-5-1 are 
administrative revisions such as changing ``shall'' to ``must.''

III. What is EPA's analysis of the revisions?

    Indiana provided a Clean Air Act (CAA) 110(l) analysis as a 
supplement to it submission. CAA Section 110(l) prohibits EPA from 
approving a SIP revision if that revision would interfere with any 
applicable requirement concerning attainment, reasonable further 
progress, or any other CAA requirement. Indiana concluded that the 326 
IAC 3-5-1 revision will not result in an increase in emissions or 
interfere with Indiana's obligations under the CAA. The State concluded 
that since Portland cement plants are subject to limits under 40 CFR 
63, subpart LLL that are at least as stringent as the State rule. 
Indiana states that the strict PM emission limits and continuous 
monitoring requirements have rendered the COMS requirements of 326 IAC 
3-5 obsolete for Portland cement plants.
    EPA concurs with Indiana's CAA 110(l) analysis that the revision 
does not interfere with any applicable requirement concerning 
attainment or any other applicable requirement of the CAA because it is 
simply revising the monitoring requirements. EPA, in 40 CFR 63, subpart 
LLL, Portland cement plants must use PM CPMS to show compliance with 
the Federal standard. Indiana's rule required such units to monitor 
with COMS or request Department permission to alternatively operate a 
PM CEMS. The revised 326 IAC 3-5-1 adds the option for Portland cement 
plants to alternatively operate a PM CPMS in accordance with 40 CFR 
part 63, subpart LLL requirements.
    EPA finds that the revised 326 IAC 3-5-1 is consistent with the 
requirements of 40 part 63, subpart LLL. Indiana's revisions follow the 
revisions EPA made to the NESHAP.

IV. What action is EPA taking?

    EPA is proposing to approve revisions to 326 IAC 3-5-1, continuous 
monitoring requirements, into the Indiana SIP.

V. Incorporation by Reference

    In this action, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference Title 326 of the Indiana Administrative Code Article 3, Rule 
5, Section 1 Applicability; continuous monitoring requirements for 
applicable pollutants, effective April 24, 2020. EPA has made, and will 
continue to make, these documents generally available through 
www.regulations.gov and at the EPA

[[Page 15840]]

Region 5 Office (please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section of this preamble for more 
information).

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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: March 22, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.
[FR Doc. 2021-06166 Filed 3-24-21; 8:45 am]
BILLING CODE 6560-50-P


