[Federal Register Volume 88, Number 55 (Wednesday, March 22, 2023)]
[Rules and Regulations]
[Pages 17161-17163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05282]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2021-0640; FRL-10117-02-R5]


Air Plan Approval; Indiana; Revisions to Particulate Matter 
Rules; Vertellus

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
revision to the Indiana particulate matter State Implementation Plan 
(SIP) that Indiana submitted to EPA on September 16, 2021, for the 
Vertellus Agriculture and Nutrition Specialties, LLC (Vertellus) 
facility located in Indianapolis, Marion County. Indiana requested 
revisions to incorporate site-specific updates to the particulate 
matter emission limits for Vertellus. The updates reflect revised 
emission rates for particulate matter resulting from process changes 
related to control strategies for other pollutants. The SIP submission 
request also removes requirements that applied to units no longer in 
operation and updates language to reflect a switch from petroleum oil 
to natural gas for certain units. These changes represent a decrease in 
overall particulate matter emissions.

DATES: This final rule is effective on April 21, 2023.

ADDRESSES: EPA has established a docket for this action under Docket ID 
EPA-R05-OAR-2021-0640. All documents in the docket are listed on the 
www.regulations.gov website. Although listed in the index, some 
information is not publicly available, i.e., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available either 
through www.regulations.gov or at the Environmental Protection Agency, 
Region 5, Air and Radiation Division, 77 West Jackson Boulevard, 
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding Federal holidays and facility 
closures due to COVID-19. We recommend that you telephone Alisa Liu, 
Environmental Engineer, at (312) 353-3196 before visiting the Region 5 
office.

FOR FURTHER INFORMATION CONTACT: Alisa Liu, Environmental Engineer, 
Control Strategies Section, Air Programs Branch (AR18J), Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, (312) 353-3193, [email protected].

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

I. What is being addressed in this document?

    This rule takes final action on the September 16, 2021, request 
from the Indiana Department of Environmental Management (IDEM) to 
incorporate revisions to Indiana's particulate matter rules contained 
in Indiana Administrative Code (IAC), Title 326, Article 6.5, Rule 6. 
Marion County, ``Vertellus Agriculture & Nutrition Specialties LLC'' 
(326 IAC 6.5-6-31), which became effective on September 19, 2021. 
(Indiana Rule LSA #19-82). As requested by Vertellus, IDEM's revisions 
changed the particulate matter emission limits on several units where 
Vertellus made process and fuel changes to comply with the revised 
SO2 emission limits. Additionally, the revisions removed 
limits and references to units at the facility that are no longer 
operating or were demolished. The revisions at 326 IAC 6.5-6-31 also 
updated existing language and added new language related to the types 
of fuel burned in certain units. An explanation of the Clean Air Act 
(CAA) requirements, a detailed analysis of the revisions, and EPA's 
reasons for proposing approval were provided in the notice of proposed 
rulemaking (NPRM), dated September 30, 2022 (87 FR 59370), and will not 
be restated here.

II. What comments did we receive on the proposed rule?

    In the NPRM, EPA provided a 30-day review and comment period for 
the proposed rule. The comment period ended on October 31, 2022. We 
received comments from two individuals during the comment period. These 
comments are in the rulemaking docket.

[[Page 17162]]

    Comments from one individual were supportive of EPA's action but 
requested clarification. Those comments are summarized and addressed 
below.
    Comment: The commenter requested clarification regarding the 
reductions in allowable particulate matter emissions cited in the NPRM, 
including the years referenced and whether the reductions were 
voluntary or required.
    Response: As explained in the NPRM, the particulate matter limits 
currently in the SIP were established as part of the attainment 
demonstration for the Indianapolis, Indiana 2010 sulfur dioxide 
(SO2) nonattainment area. IDEM's revisions changed the 
particulate matter emission limits on several units where Vertellus 
made process and fuel changes to comply with revised SO2 
limits relied upon in the attainment demonstration. IDEM's January 4, 
2022, technical support document (TSD) quantified reductions in 
particulate matter emissions based on a comparison between the emission 
rates in tons per year (tpy) allowed under 326 IAC 6.5-6-31 before and 
after Indiana adopted the revisions, which became effective on 
September 19, 2021. Under revised 326 IAC 6.5-6-31, the allowable 
particulate matter emission rates for four units increased by a total 
of 0.7 tpy, while the allowable particulate matter emission rates for 
11 units decreased by a total of 14.8 tpy. Overall, the revisions 
result in a decrease of allowable particulate matter emissions by 14.1 
tpy.
    Comment: The commenter requested EPA identify the other five 
sources of SO2 in Marion County besides Vertellus that were 
included in the attainment demonstration and technical support document 
of IDEM's attainment plan for the 2010 SO2 NAAQS, which was 
submitted on October 2, 2015.\1\ The commenter asked how the total 
emissions and emission limits of the other five sources compare to 
those of Vertellus.
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    \1\ August 2015, ``1-Hour Sulfur Dioxide Attainment 
Demonstration and Technical Support Document for Central, West 
Central, and Southwest Indiana Nonattainment Areas''. Prepared by 
Indiana Department of Environmental Management, Office of Air 
Quality. EPA-R05-OAR-2015-0700-0003.
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    Response: The six sources of SO2 included in the 2015 
Marion County 2010 SO2 attainment demonstration and 
technical support document were Belmont Advanced Wastewater Treatment 
Plant (formerly Indianapolis Sludge Incinerator), Citizens Thermal 
(formerly Indianapolis Power & Light Company (IPL) Perry K Steam 
Plant), IPL--Harding Street Generating Station, Quemetco, Rolls Royce 
Corporation (formerly Allison Gas Turbine Plant 5 and Plant 8), and 
Vertellus (formerly Reilly Industries and Reilly Tar and Chemical).
    The particulate matter and SO2 limitations for the six 
sources under 326 IAC 6.5-6 and 326 IAC 7-4.2.1, respectively, are 
included in the SIP at 40 CFR 52.770(c). For Vertellus, the revised 
particulate matter total allowable annual emissions and rates for 
specified processes detailed in IDEM's January 4, 2022, TSD are 23.9 
tpy and 0.011 to 0.150 lbs/million BTU (MMBtu). In comparison, the 
particulate matter total allowable annual emissions and rates for the 
other five sources are 144.1 tpy and 0.030 grains/dry standard cubic 
foot (dscf) for Belmont Advanced Wastewater Treatment Plant, 484.4 tpy 
and 0.015 to 0.175 lb/MMBtu for Citizens Thermal Perry K Steam Plant, 
1,000.0 tpy and 0.015 to 0.135 lb/MMBtu for IPL--Harding Street 
Generating Station, 5.8 tpy and 0.016 grains/dscf for Quemetco, and 130 
tpy and 0.15 lbs/MMBtu for Rolls Royce Corporation.
    Comments from a second individual raised issues not addressed in 
EPA's proposed rulemaking, and that are neither germane nor relevant to 
this action. Moreover, none of the comments address a specific 
regulation or provision in question or recommend a different action on 
the SIP submission from what EPA proposed. Therefore, we are finalizing 
our action as proposed.

III. What action is EPA taking?

    EPA is approving Indiana's September 16, 2021, request to revise 
its particulate matter SIP because the revised rule at 326 IAC 6.5-6-31 
applicable to Vertellus strengthens the SIP by reducing allowable 
particulate matter emissions.

IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of the Indiana 
Regulations described in section I of this preamble and set forth in 
the amendments to 40 CFR part 52 below. EPA has made, and will continue 
to make, these documents generally available through 
www.regulations.gov and at the EPA Region 5 Office (please contact the 
person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information). Therefore, these materials have 
been approved by EPA for inclusion in the SIP, have been incorporated 
by reference by EPA into that plan, are fully federally enforceable 
under sections 110 and 113 of the CAA as of the effective date of the 
final rulemaking of EPA's approval, and will be incorporated by 
reference in the next update to the SIP compilation.\2\
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    \2\ 62 FR 27968 (May 22, 1997).
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V. 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); and
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA.
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal

[[Page 17163]]

governments or preempt tribal law as specified by Executive Order 13175 
(65 FR 67249, November 9, 2000).
    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
Feb. 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' EPA further defines the term fair treatment to mean that 
``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    IDEM did not evaluate environmental justice considerations as part 
of its SIP submittal; the CAA and applicable implementing regulations 
neither prohibit nor require such an evaluation. EPA did not perform an 
EJ analysis and did not consider EJ in this action. Due to the nature 
of the action being taken here, this action is expected to have a 
neutral to positive impact on the air quality of the affected area. 
Consideration of EJ is not required as part of this action, and there 
is no information in the record inconsistent with the stated goal of 
E.O. 12898 of achieving environmental justice for people of color, low-
income populations, and Indigenous peoples.
    This action is subject to the Congressional Review Act, and EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. This action is not a ``major 
rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by May 22, 2023. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: March 9, 2023.
Debra Shore,
Regional Administrator, Region 5.

    For the reasons stated in the preamble, title 40 CFR part 52 is 
amended as follows:

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.


0
2. In Sec.  52.770, the table in paragraph (c) is amended by revising 
the entry ``6.5-6-31'' under ``Article 6.5. Particulate Matter 
Limitations Except for Lake County'', ``Rule 6. Marion County'', to 
read as follows:


Sec.  52.770   Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Indiana Regulations
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                                                             Indiana
       Indiana citation                 Subject          effective date     EPA approval date          Notes
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                       Article 6.5. Particulate Matter Limitations Except for Lake County
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                                                  * * * * * * *
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                                              Rule 6. Marion County
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                                                  * * * * * * *
6.5-6-31.....................  Vertellus Agriculture &        9/19/2021  3/22/2023, [INSERT
                                Nutrition Specialties                     FEDERAL REGISTER
                                LLC.                                      CITATION].
 
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[FR Doc. 2023-05282 Filed 3-21-23; 8:45 am]
BILLING CODE 6560-50-P


