[Federal Register Volume 62, Number 165 (Tuesday, August 26, 1997)]
[Rules and Regulations]
[Pages 45168-45171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22667]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[IN83-1a; FRL-5882-6]


Designation of Areas for Air Quality Planning Purposes; Indiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: In this action, EPA is approving a redesignation request 
submitted by the State of Indiana on April 8, 1993. Supplemental 
information was provided on June 17, 1997. In this submittal, Indiana 
requested that a portion of Vermillion County be redesignated to 
attainment of the National Ambient Air Quality Standard (NAAQS) for 
particulate matter with an aerometric mean diameter less than 10 
micrometers (PM-10). Subsequent to this approval, the portion of 
Clinton Township, Vermillion County which includes sections 15, 16, 21, 
22, 27, 28, 33 and 34 will be designated attainment for the PM-10 
NAAQS.

DATES: The ``direct final'' is effective on October 27, 1997, unless 
EPA receives written adverse or critical comments by September 25, 
1997. If the effective date is delayed, timely notice will be published 
in the Federal Register.

ADDRESSES: Copies of the revision request are available for inspection 
at the following address: U.S. Environmental Protection Agency, Region 
5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, 
Illinois 60604. (It is recommended that you telephone Ryan Bahr, 
Environmental Engineer, at (312) 353-4366 before visiting the Region 5 
Office.)
    Written comments should be sent to: J. Elmer Bortzer, Chief, 
Regulation Development Section, Air Programs Branch (AR-18J), U.S. 
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, 
Illinois 60604.

FOR FURTHER INFORMATION CONTACT: Ryan Bahr, Environmental Engineer, at 
(312) 353-4366.

SUPPLEMENTARY INFORMATION:

I. Background

    Each NAAQS consists of two standards: a primary standard for the 
protection of public health and a secondary standard for the protection 
of public welfare. The PM-10 NAAQS primary and secondary standard are 
set at the same level. To reflect the scientifically demonstrated 
relationship to health effects, this NAAQS level is composed of two 
averaging times; a 24-hour concentration set at a level of 150 
micrograms per cubic meter (g/m\3\) and an annual average 
based on a 50 g/m\3\ annual arithmetic mean (See 40 CFR 50.6).
    In 1988, several exceedances of the PM-10 NAAQS 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 Clean Air Act 
(Act), a portion of Clinton Township in Vermillion County was 
designated moderate nonattainment for PM-10 on November 6, 1991 (56 FR 
56694).
    In order to satisfy the requirements of part D and section 110 of 
the Act for the nonattainment area, Indiana submitted a PM State 
Implementation Plan (SIP) revision request to EPA on April 8, 1993. 
Along with the PM SIP revision request for Vermillion County, Indiana 
submitted a request for redesignation to attainment of the PM-10 NAAQS 
for a portion of the county. EPA found the request complete and issued 
a completeness letter on April 30, 1993. The EPA approved Indiana's PM 
SIP submission for Vermillion County on February 15, 1994 (59 FR 7223). 
Indiana supplemented the redesignation request submittal with updated 
monitoring data on June 17, 1997. There have been no monitored 
violations of the PM-10 standard in Vermillion County since the 
original violations recorded in 1988.
    On July 18, 1997, EPA promulgated new NAAQS for particulate matter. 
This revision to the NAAQS added standards for particulate matter with 
aerometric mean diameter less than 10 micrometers and changed the form 
of the 24 hour PM-10 standard.

II. Evaluation Criteria

    Section 107(d)(3)(D) of the Act, as amended in 1990, authorizes the 
Governor of a State to request the redesignation of an area from 
nonattainment to attainment. The criteria used to review redesignation 
requests are derived from the Act. An area can be redesignated to 
attainment if the following conditions are met:
    (1) The area has attained the applicable NAAQS;
    (2) The area has a fully approved SIP under section 110(k) of the 
Act;
    (3) The EPA has determined that the improvement in air quality in 
the area is due to permanent and enforceable emission reductions;
    (4) EPA has determined that the maintenance plan for the area has 
met all of the requirements of section 175A of the Act; and,
    (5) The State has met all requirements applicable to the area under 
section 110 and part D of the Act.

III. Summary of State Submittal

    The following paragraphs discuss how the State's redesignation 
request for Vermillion County addresses the Act's requirements.

A. Demonstrated Attainment of the NAAQS

    As explained in a September 4, 1992, memorandum ``Procedures for 
Processing Requests to Redesignate Areas to Attainment,'' from the 
Director of the Air Quality Management Division to the Regional Air 
Directors, three complete consecutive years of data showing PM-10 NAAQS 
attainment are required for redesignation. A violation of the NAAQS 
occurs when the number of exceedances per year, according to 40 CFR 
50.6, is greater than 1.0. The July 18, 1997, promulgation retained the 
exceedance form for the annual standard but revised the 24 hour 
standard form. The 24 hour standard form was revised such that a 
violation occurs when the 98th percentile concentration is greater than 
the concentration limit of 150 g/m\3\. Indiana's April 8, 
1993, submittal and June 17, 1997, supplement cite ambient monitoring 
data showing that Vermillion County has met the NAAQS for the years 
1994-1996, which were the three most recent consecutive years with 
quality-assured monitoring data. Previous monitoring data for the 
period of 1989 through 1993 indicates that the NAAQS has been met 
continuously since the exceedances which occurred in 1988.
    As shown in the table below, there have been no exceedances of the 
PM-10 NAAQS at any monitor in Vermillion County since 1988. It can be 
seen that the annual average PM-10 concentration has decreased 
significantly from 45 micrograms per cubic meter (g/m\3\) in 
1988 to 19 g/m\3\ in 1996 (the NAAQS is 50 g/m\3\).
    The table presented below summarizes the Vermillion County 
monitoring data submitted by Indiana in support of its redesignation 
request. The NAAQS for PM-10 is based on an annual average of 50 
g/m\3\ and a 24 hour concentration (1st High) of 150 
g/m\3\.

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                                                      Vermillion county monitor readings (g/m \3\)     
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                      Year                          Annual                                                      
                                                   average      1st high     2nd high     3rd high     4th high 
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1988...........................................           45          202          180          120          119
1989...........................................           37          136          115           95           90
1990...........................................           36          110          108          103          103
1991...........................................           33          132          100           97           95
1992...........................................           29           84           81           66           66
1993*..........................................           22           67           57           50           46
1994...........................................           23           61           57           46           45
1995...........................................           24           64           63           58           55
1996...........................................           19           57           44           43          42 
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* 1993 data was not submitted from the State but was obtained from AIRS to complete the chart.                  

    The monitored 24 hour PM-10 concentrations have also decreased 
greatly in the last 5 years. The highest monitored concentration in 
1988 was 202 g/m\3\ compared to 57 in 1996 (the NAAQS is 150 
g/m\3\). The most significant improvement is seen between the 
years 1991 and 1992 when mining operations in the nonattainment area 
ceased. No additional PM-10 exceedances have been recorded since 1988 
in the Aerometric Information and Retrieval System (AIRS) database 
through 1996.
    According to the PM-10 standard promulgated July 18, 1997, in order 
to redesignate for PM-10, the 98th percentile of monitored readings 
needs to fall below the 24 hour concentration of 150 g/m\3\. 
As the maximum concentrations are below this level, it is evident that 
the 98th percentile concentration is below the limit and the air 
quality data meets this test and shows that Vermillion County meets the 
PM-10 NAAQS.
    Dispersion modeling is commonly used to demonstrate attainment of 
the PM-10 NAAQS. The SIP was fully implemented and approved on February 
15, 1994 (59 FR 7223). In the SIP, Indiana demonstrated that the one 
PM-10 source had closed and the operating permit had been withdrawn. 
Due to the absence of sources, EPA did not require Indiana to submit 
dispersion modeling with its redesignation request for Vermillion 
County. The State has continued to operate a PM-10 monitor in 
Vermillion County and there have been no NAAQS exceedances since 1988.

B. Fully Approved SIP

    The SIP for the area must be fully approved under section 110(k) of 
the Act and must satisfy all requirements that apply to the area. EPA's 
guidance for implementing section 110 of the Act is discussed in the 
General Preamble to Title I (57 FR 13498, April 16, 1992). The PM-10 
SIP for Vermillion County met the requirements of section 110 of the 
Act and was approved by EPA on February 15, 1994 (59 FR 7223). The SIP 
recognizes that the operating permit for the only source of PM-10 
expired April 1, 1992, and commits to not renewing that permit. With 
the closure of this source, there are no permitted or registered 
sources in Vermillion County. The SIP also committed to maintaining a 
monitor in Vermillion County until the area was redesignated.

C. Permanent and Enforceable Reductions in Emissions

    Vermillion County's attainment of the PM-10 standards can be 
attributed to the closure of the Blanford Mining Area in early 1992. As 
specified in the SIP, the operation permit issued to Peabody Coal 
Company for the Blanford Mining Area expired April 1, 1992, and will 
not be renewed, making the closure a permanent and enforceable emission 
reduction. Following land reclamation which was completed by November 
1, 1993, the entire area has been returned to being used exclusively 
for agricultural purposes. The Peabody Coal Company and any potential 
new industry that would like to operate in Vermillion County may not 
commence operating without the issuance of a new air permit by the 
State under the federally delegated Prevention of Significant 
Deterioration program. On February 15, 1994 (59 FR 7223), EPA approved 
the control strategies in Indiana's PM-10 SIP for this county, 
rendering them federally enforceable (56 FR 56694). The regulations are 
permanent, and any future revisions to the rules must be submitted to 
and approved by the EPA.

D. Fully Approved Maintenance Plan

    Under section 107(d)(3)(E) and section 175A of the Act, the State 
must submit a maintenance plan in order for an area to be redesignated 
to attainment. The maintenance plan is intended to ensure that the area 
will maintain the attainment status it has achieved, and that if there 
is a violation, the plan will serve to bring the area back into 
attainment with prescribed measures. Indiana has committed to not 
reissue the permit for the Branford coal mining operation in Vermillion 
County, and the area has been reclaimed for use as farmland. The 
facility has been deleted from the State's emissions inventory, and 
there are no other permitted or registered PM-10 sources located in the 
Vermillion County nonattainment area. Subject new sources are required 
to meet Prevention of Significant Deterioration requirements which have 
been established to protect future air quality and ensure that a 
violation will not occur in the future.
    The monitoring since the original exceedances has shown that from 
1989 to 1996, there have been no exceedances in the area. The readings 
have shown, as expected, that the ambient levels of PM-10 in the area 
are at levels which are only an insignificant fraction of the NAAQS. 
Based on these facts, EPA has determined that Indiana's maintenance 
plan for Vermillion County satisfies the provisions of the Act.

E. Part D and Other Section 110 Requirements

    EPA approved the PM-10 SIP for Vermillion County on February 15, 
1994 (59 FR 7223), after having concluded that the plan satisfied the 
requirements of part D and section 110 of the Act. Several of the 
section 110 requirements were revised in the 1990 amendments to the 
Act. However, the existing SIP also conforms with the 1990 provisions 
of the Act. As required by part D of the Act, Indiana has a fully 
approved and implemented New Source Review Program. The existing 
Prevention of Significant Deterioration program, which was federally 
delegated for all attainment areas, will apply in all of Vermillion 
County subsequent to this approval.
Section 176 Conformity Requirements
    Section 176 of the Act requires States to revise their SIPs to 
establish criteria

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and procedures to ensure that individual Federal actions will conform 
to the overall air quality planning goals in the applicable State SIP. 
Section 176 further provides that the State's conformity revisions must 
be consistent with the Federal conformity regulations promulgated by 
EPA under the Act. The requirement used by Federal agencies to 
determine conformity is defined in 40 CFR part 93, subpart B (``general 
conformity'').
    Indiana has adopted general and transportation conformity rules for 
PM-10 to satisfy provisions of part D. The State submitted a request 
for a SIP amendment regarding conformity on January 23, 1997.
    The EPA believes it is reasonable to interpret the conformity 
requirements as not being applicable requirements for purposes of 
evaluating redesignation requests under section 107(d). The rationale 
for this is based on a combination of two factors. First, the 
requirement to submit SIP revisions to comply with the conformity 
provisions of the Act continues to apply to areas after redesignation 
to attainment. Second, EPA's Federal conformity rules require a 
conformity analysis in the absence of federally approved State rules. 
Therefore, because areas are subject to the conformity requirements 
regardless of whether they are redesignated to attainment, and must 
implement conformity under Federal rules if State rules are not yet 
approved, the EPA believes it is reasonable to view these requirements 
as not being applicable requirements when evaluating a redesignation 
request. Consequently, the PM-10 redesignation request for Vermillion 
County may be approved notwithstanding the lack of fully approved 
conformity rules. Refer to EPA's action in the Tampa, Florida ozone 
redesignation finalized on December 7, 1995 (60 FR 62748).

IV. Final Rulemaking Action

    EPA is approving the redesignation request and maintenance plan 
submitted by Indiana on April 8, 1993, and supplemented on June 17, 
1997. EPA, therefore, is redesignating the portion of Clinton Township, 
Vermillion County which includes sections 15, 16, 21, 22, 27, 28, 33 
and 34 to attainment for the PM-10 NAAQS. The remainder of Vermillion 
County will remain designated unclassifiable for the PM-10 NAAQS. The 
EPA has completed its analysis of this SIP revision request based on a 
review of the materials presented, and has determined that they are 
approvable.
    The EPA is publishing this action without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. However, in a separate document in this Federal 
Register publication, the EPA is proposing to approve the SIP revision 
should written adverse or critical comments be filed. This action will 
be effective October 27, 1997 unless, by September 25, 1997, written 
adverse or critical comments are received.
    If the EPA receives such comments, this action will be withdrawn 
before the effective date by publishing a subsequent notice that will 
withdraw the final action. All public comments received will be 
addressed in a subsequent final rule based on this action serving as a 
proposed rule. The EPA will not institute a second comment period on 
this action. Any parties interested in commenting on this action should 
do so at this time. If no such comments are received, the public is 
advised that this action will be effective October 27, 1997.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any state implementation plan. Each request for revision to 
the state implementation plan shall be considered separately in light 
of specific technical, economic, and environmental factors and in 
relation to relevant statutory and regulatory requirements.

V. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget has exempted this regulatory 
action from Executive Order 12866 review.

B. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq, EPA 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, EPA 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 
Clean Air 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, the 
Administrator certifies 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 flexibility 
analysis would constitute Federal inquiry into the economic 
reasonableness of state action. The Clean Air Act forbids EPA to base 
its actions concerning SIPs on such grounds. Union Electric Co. v. U.S. 
EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410 (a)(2).
    Redesignation of an area to attainment under section 107(d)(3)(E) 
of the Act does not impose any new requirements on small entities. 
Redesignation is an action that affects the status of a geographical 
area and does not impose any regulatory requirements on sources. The 
Administrator certifies that the approval of the redesignation request 
will not affect a substantial number of small entities.

C. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995, 
signed into law on March 22, 1995, EPA must undertake various actions 
in association with any proposed or final rule that includes a Federal 
mandate that may result in estimated costs to state, local, or tribal 
governments in the aggregate; or to the private sector, of $100 million 
or more. This Federal action approves pre-existing requirements under 
state or local law, and imposes no new Federal requirements. 
Accordingly, no additional costs to state, local, or tribal 
governments, or the private sector, result from this action.

D. Submission to Congress and the General Accounting Office

    Under section 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives and the Controller General of the 
General Accounting Office prior to publication of the rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

E. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by October 27, 1997. 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

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be challenged later in proceedings to enforce its requirements.

List of Subjects in 40 CFR Part 52

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

    Dated: August 14, 1997.
David A. Ullrich,
Acting Regional Administrator.

    For the reasons stated in the preamble, 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.

    2. Section 52.776 is amended by adding paragraph (q) to read as 
follows:


Sec. 52.776  Control strategy: Particulate matter.

* * * * *
    (q) Approval--On April 8, 1993, and supplemented on June 17, 1997, 
the State of Indiana submitted a maintenance plan and a request that 
sections 15, 16, 21, 22, 27, 28, 33 and 34 of Clinton Township in 
Vermillion County be redesignated to attainment of the National Ambient 
Air Quality Standard for particulate matter. The redesignation request 
and maintenance plan satisfy all applicable requirements of the Clean 
Air Act.

PART 81--[AMENDED]

    1. The authority citation for part 81 continues to read as follows:

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

    2. In section 81.315, in the table entitled ``Indiana--PM-10,'' the 
entry for Vermillion County is amended to read as follows:


Sec. 81.315   Indiana.

* * * * *

                                                                     Indiana--PM-10                                                                     
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                                                         Designation                                                Classification                      
        Designated area         ------------------------------------------------------------------------------------------------------------------------
                                              Date                          Type                          Date                          Type            
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                   *                  *                  *                  *                  *                  *                  *                  
Vermillion County Part of        Oct. 27, 1997................  Attainment..................                                                            
 Clinton Township, including                                                                                                                            
 sections 15, 16, 21, 22, 27,                                                                                                                           
 28, 33 and 34.                                                                                                                                         
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
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[FR Doc. 97-22667 Filed 8-25-97; 8:45 am]
BILLING CODE 6560-50-P