[Federal Register Volume 78, Number 170 (Tuesday, September 3, 2013)]
[Rules and Regulations]
[Pages 54173-54177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-21274]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2013-0377; FRL-9900-51-Region 5]


Approval and Promulgation of Air Quality Implementation Plans; 
Indiana; Maintenance Plan Update for Lake County, Indiana for Sulfur 
Dioxide

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a maintenance plan update for the Lake 
County, Indiana sulfur dioxide (SO2) maintenance area. This 
plan update demonstrates that Lake County will maintain attainment of 
the 1971 SO2 national ambient air quality standard (NAAQS) 
through 2025. This maintenance plan update satisfies section 175A of 
the Clean Air Act (Act), and is consistent with the September 26, 2005, 
approval of the State's redesignation request and maintenance plan for 
the Lake County, Indiana SO2 area.

DATES: This direct final rule will be effective November 4, 2013, 
unless EPA receives adverse comments by October 3, 2013. If adverse 
comments are received, EPA will publish a timely withdrawal of the 
direct final rule in the Federal Register informing the public that the 
rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2013-0377, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (312) 692-2450.
    4. Mail: Pamela Blakley, Chief, Control Strategies Section, Air 
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West 
Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Pamela Blakley, Chief, Control Strategies Section 
(AR-18J), U.S. Environmental Protection Agency, 77 West Jackson 
Boulevard, Chicago, Illinois 60604. Such deliveries are only accepted 
during the Regional Office normal hours of operation, and special 
arrangements should be made for deliveries of boxed information. The 
Regional Office official hours of business are Monday through Friday, 
8:30 a.m. to 4:30 p.m., excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R0-OAR-
2013-0377. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through www.regulations.gov your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in

[[Page 54174]]

www.regulations.gov or in hard copy 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. 
We recommend that you telephone Michael Leslie, Environmental Engineer, 
at (312) 353-6680 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Michael Leslie, Environmental 
Engineer, Control Strategies Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 353-6680, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This SUPPLEMENTARY INFORMATION 
section is arranged as follows:

I. What is the background for this action?
II. What is the current air quality in Lake County?
III. What is EPA's analysis of the State's request?
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews.

I. What is the background for this action?

    On March 3, 1978 (43 FR 8962), EPA designated a portion of Lake 
County, Indiana as a primary nonattainment area for the 1971 
SO2 NAAQS under Section 107 of the Act. Indiana submitted a 
redesignation request and maintenance plan for the Lake County 
nonattainment area, which was subsequently redesignated to attainment 
by EPA on September 26, 2005 (70 FR 56129). As part of the maintenance 
plan, Indiana committed to submit an update to the Lake County 
SO2 the maintenance plan eight years after the area was 
redesignated to attainment of the SO2 standard. Indiana 
submitted a revision to the state implementation plan (SIP) for the 
1971 SO2 NAAQS maintenance plan update on March 28, 2013.

II. What is the current air quality in Lake County?

    There are two SO2 monitors currently operating in Lake 
County, Indiana. Current air quality data shows a continued downward 
trend in SO2, as shown in Table 1. The 1971 SO2 
NAAQS was not exceeded during the 2004-2011 timeframe.

                          Table 1--Lake County, IN SO2 Monitoring Data 2004-2011 (ppm)
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                                                      24 hour max (NAAQS   3 hour max (NAAQS    Annual average
              Site                       Year               = 0.14)             = 0.5)          (NAAQS = 0.03)
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Gary............................                2004               0.051               0.085               0.005
Gary............................                2005               0.050               0.165               0.004
Gary............................                2006               0.030               0.079               0.003
Gary............................                2007               0.022               0.071               0.003
Gary............................                2008               0.019               0.095               0.003
Gary............................                2009               0.020               0.057               0.002
Gary............................                2010               0.030               0.061               0.002
Gary............................                2011               0.024               0.060               0.002
Hammond.........................                2004               0.022               0.038               0.004
Hammond.........................                2005               0.017               0.045               0.003
Hammond.........................                2006               0.016               0.029               0.004
Hammond.........................                2007               0.022               0.048               0.005
Hammond.........................                2008               0.011               0.029               0.004
Hammond.........................                2009               0.009               0.035               0.003
Hammond.........................                2010               0.012               0.024               0.002
Hammond.........................                2011               0.012               0.029               0.003
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III. What is EPA's analysis of the State's request?

    Section 175A of the Act sets forth the required elements of a 
maintenance plan for the areas that are attaining the NAAQS. Under 
section 175A, the plan must demonstrate continued attainment of the 
applicable NAAQS for at least ten years after the Administrator 
approves a redesignation to attainment. Eight years after the 
redesignation, the State must submit a revised maintenance plan which 
demonstrates that attainment will continue to be maintained for ten 
years following the initial ten year maintenance period. To address the 
possibility of future NAAQS violations, the maintenance plan must 
contain contingency measures with a schedule for implementation as EPA 
deems necessary to assure prompt correction of any future 
SO2 violations.
    The September 4, 1992, John Calcagni memorandum entitled, 
``Procedures for Processing Requests to Redesignations Areas to 
Attainment,'' provides additional guidance on the content of a 
maintenance plan. The memorandum states that an SO2 
maintenance plan should address the following items: The attainment 
emissions inventory, a maintenance demonstration showing maintenance 
for the ten years of the maintenance period, a commitment to maintain 
the existing monitoring network, factors and procedures to be used for 
verification of continued attainment of the NAAQS, and a contingency 
plan to prevent or correct future violations of the NAAQS.

a. Attainment Inventory

    Indiana developed a baseline emissions inventory for 2003, one of 
the years used to demonstrate monitored attainment of the 1971 
SO2 NAAQS. The attainment level of emissions is summarized 
in below:

                                                           Table 2--Lake County SO2 Emissions
                                                                       [Tons/year]
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                                                                                                                                       Net change 2003-
                       Source                           Base year 2003           2011                2015                2025                2025
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Point...............................................             33,101              24,308              17,880              17,459             -15,642
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[[Page 54175]]

b. Demonstration of Maintenance

    Indiana submitted revisions to the SO2 SIP to include 12 
year maintenance plans for Lake County area, in compliance with section 
175A of the Act. This demonstration shows maintenance of the 1971 
SO2 NAAQS by assuring that current and future SO2 
emissions remain at or below attainment year emission levels. A 
maintenance demonstration need not be based on modeling. See Wall v. 
EPA, 265 F.3d 426 (6th Cir. 2001), Sierra Club v. EPA, 375 F. 3d 537 
(7th Cir. 2004). See also 66 FR 53094, 53099-53100 (October 19, 2001), 
68 FR 25413, 25430-25432 (May 12, 2003).
    Indiana is using projected inventories for the years 2015 and 2025 
to demonstrate maintenance. These emission estimates are presented in 
Table 2.
    The emission projections show that Indiana does not expect Lake 
County emissions in the area to exceed the level of the 2003 attainment 
year inventory during the maintenance period. In the area, Indiana 
projects that SO2 emissions will decrease by 15,642 tons/
year for the maintenance period. The SIP submission demonstrates that 
the area will continue to maintain the standard.

c. Monitoring Network

    Indiana currently operates two SO2 monitors in Lake 
County, Indiana. Indiana has committed to continue operating and 
maintaining its approved Lake County SO2 monitor network in 
accordance with 40 CFR part 58.

d. Verification of Continued Attainment

    Continued attainment of the 1971 SO2 NAAQS in the area 
depends, in part, on the state's efforts toward tracking indicators of 
continued attainment during the maintenance period. The state's plan 
for verifying continued attainment of the SO2 standard in 
the area consists of plans to continue ambient SO2 
monitoring in accordance with the requirements of 40 CFR part 58. In 
addition, Indiana will periodically review and revise the 
SO2 emissions inventory for the area, as required by the 
Consolidated Emissions Reporting Rule (40 CFR part 51), to track levels 
of emissions in the future.

e. Contingency Plan

    The contingency plan provisions are designed to promptly correct or 
prevent a violation of the NAAQS that might occur after redesignation 
of an area to attainment. Section 175A(d) of the Act requires that a 
maintenance plan include such contingency measures as EPA deems 
necessary to assure that the State will promptly correct a violation of 
the NAAQS that occurs after redesignation. The maintenance plan should 
identify the contingency measures to be adopted, a schedule and 
procedure for adoption and implementation of the contingency measures, 
and a time limit for action by the State. The State should also 
identify specific indicators to be used to determine when the 
contingency measures need to be adopted and implemented.
    Indiana updated their original contingency plan to ensure that it 
is consistent with the current inventory of SO2 sources for 
the area. The contingency plan includes a two trigger levels for action 
based on monitored values. Indiana will continue to monitor 
SO2 concentrations to determine whether trends indicate 
higher values or whether emissions appear to be increasing.
    An initial Warning Level Response is triggered when 90% of the 1971 
SO2 NAAQS is reached. A study will be conducted at the 
Warning Level Response to determine if the emissions trends show 
increases. If the study shows that action is necessary to reverse 
emissions increases, Indiana will follow the same procedures described 
below for control selection and implementation for the Action Level 
Response.
    The Action Level Response will be prompted by a violation of the 
standard. If an Action Level Response is triggered, Indiana will adopt 
and implement appropriate control measures within 18 months from the 
end of the year in which monitored air quality triggering a response 
occurs.
    Contingency measures will be considered based on those that are 
deemed appropriate and effective at the time of selection. Because 
SO2 emissions are attributed primarily to point sources, the 
options available are limited to appropriate measures for the types of 
culpable sources. Indiana will undertake a study take to determine the 
source of the increased SO2 concentrations. Although the 
point sources listed in the inventory will be the primary focus, the 
study will also encompass any other potential sources of 
SO2.
    The selection of measures will be based upon cost-effectiveness, 
emission reduction potential, and economic and social considerations or 
other factors that Indiana deems appropriate. A selected contingency 
measure can be initiated immediately in response to an action level 
response and should be in place within 18 months of the date of the 
violation. No contingency measure will be implemented without providing 
the opportunity for full public participation during which the relative 
costs and benefits of individual measures, at the time they are under 
consideration, can be fully evaluated.
    Adoption of any control measure is subject to administrative and 
legal approval. This includes an opportunity for public hearing and 
publication of notices on Indiana's Web site, as well as other measures 
required by Indiana law (IC 13-14-8-7) for rule making by Indiana 
environmental rule boards. This law provides accelerated procedures for 
adopting interim control measures in the event of an emergency 
affecting public health.
    The SO2 sources potentially subject to future controls 
are the same as the current list of sources, found in the maintenance 
plan. Sources subject to additional controls will be those which the 
study shows are responsible for triggering the contingency measures and 
the control of which will most effectively help to ensure compliance 
with the standards. In addition to reviewing the known sources, the 
possibility that the problem is attributable to new or previously 
unknown sources will be considered.

IV. What action is EPA taking?

    EPA is approving a maintenance plan update for the Lake County, 
Indiana SO2 maintenance area. This plan update demonstrates 
that Lake County will maintain attainment of the 1971 SO2 
NAAQS through 2025. This maintenance plan update satisfies section 175A 
of the Act.
    We are publishing this action without prior proposal because we 
view this as a noncontroversial amendment and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the State plan if relevant adverse 
written comments are filed. This rule will be effective November 4, 
2013 without further notice unless we receive relevant adverse written 
comments by October 3, 2013. If we receive such comments, we will 
withdraw this action before the effective date by publishing a 
subsequent document that will withdraw the final action. All public 
comments received will then be addressed in a subsequent final rule 
based on the proposed action. EPA will not institute a second comment 
period. Any parties interested in commenting on this action should do 
so at this time. Please note that if EPA receives adverse comment on an 
amendment, paragraph, or section of this rule and if that

[[Page 54176]]

provision may be severed from the remainder of the rule, EPA may adopt 
as final those provisions of the rule that are not the subject of an 
adverse comment. If we do not receive any comments, this action will be 
effective November 4, 2013.

V. Statutory and Executive Order Reviews

    Under the Act, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Clean Air Act 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 Act. 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 Order 
12866 (58 FR 51735, October 4, 1993);
     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 Act; 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, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    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 November 4, 2013. 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. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. 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, Sulfur dioxide.

    Dated: August 20, 2013.
Susan Hedman,
Regional Administrator, Region 5.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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


0
2. The table in Sec.  52.770 paragraph (e) is amended by adding an 
entry in alphabetical order for ``Lake County sulfur dioxide 
maintenance plan'' to read as follows:


Sec.  52.770  Identification of plan.

* * * * *
    (e) * * *

                       EPA-Approved Indiana Nonregulatory and Quasi-Regulatory Provisions
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                Title                        Indiana date             EPA approval             Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Lake County sulfur dioxide             March 28, 2013.........  September 3, 2013,       .......................
 maintenance plan.                                               [INSERT PAGE NUMBER
                                                                 WHERE THE DOCUMENT
                                                                 BEGINS].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


0
3. Section 52.795 is amended by adding paragraph (i) to read as 
follows:


Sec.  52.795  Control strategy: Sulfur dioxide.

* * * * *
    (i) Approval--On March 28, 2013 the State of Indiana submitted a 
maintenance plan update for the Lake County, Indiana SO2 
maintenance area. This plan update demonstrates that Lake County will 
maintain attainment of the 1971 SO2 NAAQS through 2025.

[[Page 54177]]

This maintenance plan update satisfies section 175A of the Act.
[FR Doc. 2013-21274 Filed 8-30-13; 8:45 am]
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