[Federal Register Volume 59, Number 31 (Tuesday, February 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3523]

[[Page Unknown]]

[Federal Register: February 15, 1994]


40 CFR Part 52

[IN27-2-6226; FRL-4837-3]


Approval and Promulgation of Implementation Plans; Indiana

AGENCY: Environmental Protection Agency.

ACTION: Final rule.


SUMMARY: On November 24, 1993, the United States Environmental 
Protection Agency (USEPA) proposed to approve a State Implementation 
Plan (SIP) request for Vermillion County, Indiana. The request was 
submitted by the State of Indiana for the purpose of attaining the 
National Ambient Air Quality Standards (NAAQS) for particulate matter 
with an aerodynamic diameter less than or equal to a nominal 10 
micrometers (PM), and to satisfy Clean Air Act (Act) requirements for 
an approvable nonattainment area PM SIP for Vermillion County, Indiana. 
Public comments were solicited on the proposed SIP revision, and on 
USEPA's proposed rulemaking action. No public comments were received. 
This rulemaking action approves in final the Vermillion County, Indiana 
SIP revision as requested by Indiana.

EFFECTIVE DATE: This final rulemaking action becomes effective on March 
17, 1994.

ADDRESSES: Copies of the State's submittal and other materials relating 
to this rulemaking action are available at the following address for 
review: United States Environmental Protection Agency, Region 5, Air 
and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 
60604. The docket may be inspected between the hours of 8:30 a.m. and 
12 noon and from 1:30 p.m. until 3:30 p.m. Monday through Friday. A 
reasonable fee may be charged by USEPA for copying docket material.

FOR FURTHER INFORMATION CONTACT: David Pohlman, Regulation Development 
Branch, Regulation Development Section (AR-18J), U.S. Environmental 
Protection Agency, Region 5, Chicago, Illinois 60604, (312) 886-3299. 
Anyone wishing to visit the Region 5 offices should first contact David 



    In 1988, several exceedances of the ambient air quality standard 
for PM were recorded in Vermillion County at monitoring sites located 
downwind of Peabody Coal Company's Universal Mine, Blanford East Area. 
As a result of these exceedances, and pursuant to section 107(d)(A)(B) 
of the Act, part of Clinton Township, in Vermillion County, was 
classified as moderate nonattainment for PM. See 56 FR 56752 (November 
8, 1991) and 40 CFR 81.315. Section 189 of the Act requires State 
submission of a PM SIP for moderate nonattainment areas by November 15, 
    On January 13, 1993, Indiana submitted the required PM SIP revision 
for the Vermillion County PM nonattainment area. Additional information 
in support of the request was submitted on February 22, 1993 and April 
8, 1993. In these materials, the Indiana Department of Environmental 
Management (IDEM) stated that mining operations at the Peabody Coal 
Company's Blanford mining area ceased permanently in early 1992. The 
entire nonattainment area is now used exclusively for agricultural 
    IDEM has also stated that the operating permit issued to Peabody 
Coal Company for it's mining operations expired on April 1, 1992, and 
will not be renewed. This facility has been deleted from the State's 
emissions inventory, and there are no other permitted or registered PM 
sources located in the Vermillion County nonattainment area.
    The State also submitted a summary of air quality monitoring data 
for the nonattainment area. This data shows that there have been no 
violations of the NAAQS since 1988. It can be seen that the annual 
average PM concentration has decreased significantly from 45 micrograms 
per cubic meter (g/m3) in 1988 to 29 g/m3 
in 1992 (the NAAQS is 50 g/m3). The monitored 24 hour PM 
concentrations have also decreased greatly in the last 5 years. The 
highest monitored concentration in 1988 was 202 g/m3 
compared to 84 in 1992 (the NAAQS is 150 g/m3). The most 
significant improvement is seen between the years 1991 and 1992 when 
mining operations in the nonattainment area ceased.
    On November 24, 1993, USEPA proposed to approve the 
State'ssubmission (58 FR 62067). In this proposal, USEPA identified the 
PM SIP elements required by the Act, including the requirement that the 
State must submit a demonstration showing that the plan will provide 
for attainment as expeditiously as practicable, but not later than 
December 31, 1994. See section 189(a)(1)(B) of the Act. USEPA's 
proposal to approve the Vermillion County SIP request was based on the 
State's having met this requirement; which, in turn, was based on both 
the permanent cessation of all mining operations and the low monitored 
concentrations of PM since 1988 in the Vermillion County area. In the 
proposal, USEPA also discussed the inapplicability of certain other PM 
SIP requirements due to the absence of industrial PM sources in the 

    \1\As noted in the proposal, the State must still submit 
provisions related to contingency measures under section 172(c)(9) 
of the Act. The USEPA will address this issue in a future rulemaking 

    The public comment period for the notice of proposed rulemaking 
closed on December 27, 1993. No public comments were received.

Rulemaking Action

    USEPA approves the requested Vermillion County nonattainment area 
PM SIP revision which was submitted on January 13, 1993, as 
supplemented on February 22, 1993, and April 8, 1993. Among other 
things, the State of Indiana has demonstrated that the Vermillion 
County moderate PM nonattainment area will attain the PM NAAQS by 
December 31, 1994.
    This action has been classified as a Table 3 action by the Regional 
Administrator under the procedures published in the Federal Register on 
January 19. 1989 (54 FR 2214-2225). A revision to the SIP processing 
review tables was approved by the Acting Assistant Administrator for 
Office of Air and Radiation on October 4, 1993 (Michael Shapiro's 
memorandum to Regional Administrators). A future notice will inform the 
general public of these tables. Under the revised tables this action is 
remains classified as a Table 3. 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 continued in effect under Executive Order 12866 which 
superseded Executive Order 12291 on September 30, 1993.
    Nothing in this action should be construed as permitting, allowing, 
or establishing a precedent for any future request for revision to the 
SIP in light of specific technical, economic, and environmental factors 
and in relation to relevant to statutory and regulatory requirements.
    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 April 18, 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) of the Act.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Particulate 

    Dated: January 31, 1994.
David A. Ullrich,
Acting Regional Administrator.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:


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

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

Subpart P--Indiana

    2. Section 52.776 is amended by adding paragraph (p) to read as 

Sec. 52.776  Control strategy: Particulate matter.

 * * * * *
    (p) Approval-On January 13, 1993 the State of Indiana submitted a 
particulate matter State Implementation Plan revision for the 
Vermillion County nonattainment area. Additional information was 
submitted on February 22, 1993 and April 8, 1993. These materials 
demonstrate that the plan will provide for attainment of the National 
ambient air quality standards for particulate matter by December 31, 
1994, in accordance with section 189(a)(1)(B) of the Clean Air Act.
[FR Doc. 94-3523 Filed 2-14-94; 8:45 am]