[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]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IN27-2-6226; FRL-4837-3]
Approval and Promulgation of Implementation Plans; Indiana
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
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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
Pohlman.
SUPPLEMENTARY INFORMATION:
Background
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,
1991.
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
purposes.
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
county.1
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\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
action.
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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
matter.
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:
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 52.776 is amended by adding paragraph (p) to read as
follows:
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]
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