[Federal Register Volume 81, Number 88 (Friday, May 6, 2016)]
[Rules and Regulations]
[Pages 27330-27332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10579]



[[Page 27330]]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2016-0075; EPA-R05-OAR-2016-0090; FRL-9946-08-Region 5]


Air Plan Approval; Indiana; Commissioner's Orders for A.B. Brown 
and Clifty Creek

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is finalizing 
approval of revisions to the Indiana State Implementation Plan (SIP) 
submitted by the Indiana Department of Environmental Management (IDEM) 
to EPA in parallel process form on January 27, 2016, and February 5, 
2016, and final form on March 21, 2016, and March 31, 2016. The 
submittals consist of orders issued by the Commissioner of IDEM that 
require more stringent sulfur dioxide (SO2) emissions limits 
than those currently contained in the SIP for Vectren's A.B. Brown 
Generating Station (A.B. Brown) and Indiana-Kentucky Electric 
Corporation's Clifty Creek Generating Station (Clifty Creek). EPA 
proposed approval of these revisions to the Indiana SIP on February 25, 
2016 and received no adverse comments. EPA's approval of these 
revisions makes the Commissioner's orders' SO2 emissions 
limits and applicable reporting, recordkeeping, and compliance 
demonstration requirements federally enforceable.

DATES: This final rule is effective on June 6, 2016.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2016-0075 and EPA-R05-OAR-2016-0090. All documents in 
the docket are listed on the www.regulations.gov Web site. 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. We recommend that you telephone Jenny Liljegren, 
Physical Scientist, at (312) 886-6832 before visiting the Region 5 
office.

FOR FURTHER INFORMATION CONTACT: Jenny Liljegren, Physical Scientist, 
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 886-6832, 
[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. Why did IDEM issue these commissioner's orders?
II. What are the SO2 limits in these Commissioner's 
orders?
III. By what criterion is EPA reviewing this SIP revision?
IV. What action is EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. Why did IDEM issue these Commissioner's orders?

    IDEM submitted parallel process revision requests to its SIP on 
January 27, 2016, and February 5, 2016, for A.B. Brown and Clifty 
Creek, respectively, and final revision requests on March 21, 2016, and 
March 31, 2016, for Clifty Creek and A.B. Brown, respectively. The 
submittals consist of orders issued by IDEM's Commissioner that 
establish more stringent SO2 emissions limits than those 
currently contained in the SIP for A.B. Brown and Clifty Creek. The 
orders also contain applicable reporting, recordkeeping, and compliance 
demonstration requirements. Each order contains a requirement to 
determine compliance by the use of a continuous emissions monitoring 
system (CEMS), to maintain records adequate to document compliance with 
the SO2 emissions limits, to submit to IDEM quarterly 
reports, and to apply to incorporate these order requirements, 
including the emissions limits, reporting and recordkeeping 
requirements, and methods to determine compliance into each facility's 
Part 70 operating permit, respectively. IDEM established these 
SO2 emissions limits to enable the areas near A.B. Brown and 
Clifty Creek to qualify in the future for being designated 
``attainment'' of the 2010 primary SO2 National Ambient Air 
Quality Standard (NAAQS). Under a Federal consent decree,\1\ EPA is 
required to designate, under the 2010 SO2 NAAQS, certain 
areas in the United States including the areas near A.B. Brown and 
Clifty Creek by July 2, 2016. The history of the 2010 SO2 
NAAQS and the consent decree is explained in detail in the February 25, 
2016 proposed rule (81 FR 9395).
---------------------------------------------------------------------------

    \1\ Sierra Club v. McCarthy, No. 3-13-cv-3953 (N.D.Cal. March 2, 
2015).
---------------------------------------------------------------------------

    The purpose of this rulemaking is to take action on IDEM's request 
to approve these Commissioner's orders into the Indiana SIP and thereby 
make them federally enforceable. It is not, however, to take action on 
whether the SO2 emissions limits in these Commissioner's 
orders are adequate for EPA to designate attainment of the 2010 
SO2 NAAQS for the areas near A.B. Brown and Clifty Creek. 
EPA intends to designate the areas near the sources that meet the 
criteria for the first phase of the consent decree designations, 
including the areas near A.B. Brown and Clifty Creek, under a separate 
future rulemaking, which was the subject of an EPA proposal on March 1, 
2016, ``EPA Responses to Certain State Designation Recommendations for 
the 2010 Sulfur Dioxide National Ambient Air Quality Standard: Notice 
of Availability and Public Comment Period'' (81 FR 10563).
    Indiana requested that EPA ``parallel process'' these SIP revisions 
to expedite action on the Commissioner's orders. Under this procedure, 
the state submitted copies of the draft revision requests to EPA on 
January 27, 2016, and February 5, 2016, for A.B. Brown and Clifty 
Creek, respectively, before completing its public comment process. EPA 
published a proposed rulemaking in the Federal Register (81 FR 9395) 
and solicited public comment in approximately the same timeframe during 
which the state solicited public comment. Indiana received and 
responded to comments received during its public process. EPA received 
two comments. One comment supported the proposed Clifty Creek emissions 
limit. A second comment, associated with the A.B. Brown order, was not 
germane to our current action.
    Indiana submitted its final SIP revision requests to EPA on March 
21, 2016, and March 31, 2016, for Clifty Creek and A.B. Brown, 
respectively. There were no changes to the original Commissioner's 
Orders (2016-01 and 2016-02). As a result, EPA is proceeding with this 
final rulemaking.

II. What are the SO2 limits in these Commissioner's orders?

    For A.B. Brown, Indiana issued Commissioner's Order 2016-01 on 
January 11, 2016, with a compliance date of April 19, 2016. This order 
established two new limits for A.B. Brown: One limit for Unit 1 when 
running alone and one limit for Units 1

[[Page 27331]]

and 2 when running simultaneously. The emissions limits are 0.855 lbs 
of SO2 per MMBTU for coal-fired boiler Unit 1 operating 
alone and 0.426 lbs of SO2 per MMBTU for Units 1 and 2 
operating simultaneously. These limits supplement a limit contained in 
a February 22, 1979, Prevention of Significant Deterioration (PSD) 
permit of 0.69 pounds per MMBTU for coal-fired boiler Unit 2.
    For Clifty Creek, Indiana issued Commissioner's Order 2016-02 on 
February 1, 2016, with a compliance date of April 19, 2016. This order 
established a combined emission limit for the six coal-fired boilers 
(Units No. 1 through No. 6) located at Clifty Creek of 2,624.5 lbs of 
SO2 per hour as a 720 operating hour rolling average when 
any of Units No.1 through No. 6, or any combination thereof, is 
operating.

III. By what criterion is EPA reviewing this SIP revision?

    EPA is evaluating these revisions on the basis of whether they 
strengthen Indiana's SIP. Prior to Commissioner's Order 2016-01, A.B. 
Brown had an SO2 emissions limit in its operating permit of 
6.0 lbs SO2 per MMBTU for coal-fired boiler Unit 1. Prior to 
Commissioner's Order 2016-02 Clifty Creek had an SO2 
emissions limit in its operating permit for Units 1 through 6 not to 
exceed 7.52 lbs of SO2 per MMBTU on a thirty (30) day 
rolling weighted average. The new SO2 emissions limits 
established by IDEM in Commissioner's Order 2016-01 and Commissioner's 
Order 2016-02 for A.B. Brown and Clifty Creek, respectively, are 
substantially more stringent than the previous limits and will 
therefore strengthen Indiana's SIP.
    The adequacy of these limits for providing for attainment of the 
2010 primary SO2 NAAQS is not a prerequisite for approval of 
these limits. Nevertheless, the purpose of these limits is to provide 
for attainment, and the adequacy of these limits for this purpose is 
addressed in a separate rulemaking (81 FR 10563). On February 16, 2016, 
EPA wrote a letter to Indiana stating that we intended to designate the 
areas near A.B. Brown and Clifty Creek as nonattainment in the absence 
of federally enforceable limits. The letter also stated that if the 
limits in the Commissioner's orders (2016-01 and 2016-02) were made 
federally enforceable, EPA anticipated that we would designate suitable 
portions of Posey county and Jefferson county as attainment/
unclassifiable. EPA solicited public comments on this proposal (81 FR 
10563), and EPA intends to make final the designation determinations 
for the areas of the country addressed by these responses, including 
the areas near A.B. Brown and Clifty Creek, no later than July 2, 2016. 
EPA received adverse comments pertaining, among other things, to the 
portion of this rulemaking that indicated that the A.B. Brown and 
Clifty Creek proposed limits, if made federally enforceable, would 
suffice to justify an attainment/unclassifiable designation. EPA is 
currently reviewing these and other comments received regarding that 
proposal.

IV. What action is EPA taking?

    EPA is finalizing approval of Commissioner's Order 2016-01 and 
Commissioner's Order 2016-02 into the Indiana SIP. EPA confirms that 
the SO2 emissions limits in these orders for A.B. Brown 
(Commissioner's Order 2016-01) and Clifty Creek (Commissioner's Order 
2016-02) are more stringent than the current SIP SO2 
emissions limits for these sources. By approving these Commissioner's 
orders into the Indiana SIP, these SO2 emissions limits and 
applicable reporting, recordkeeping, and compliance demonstration 
requirements contained in the orders become federally enforceable and 
strengthen the Indiana SIP.

V. 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 
Administrative Code described in the amendments to 40 CFR part 52 set 
forth below. EPA has made, and will continue to make, these documents 
generally available electronically through www.regulations.gov and/or 
in hard copy at the appropriate EPA office (see the ADDRESSES section 
of this preamble for more information).

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Clean Air Act (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);
     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; 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, 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 governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    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

[[Page 27332]]

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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by July 5, 2016. 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, Reporting and recordkeeping 
requirements, Sulfur oxides.

    Dated: April 27, 2016.
Robert A. Kaplan,
Acting 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. In Sec.  52.770 the table in paragraph (d) is amended by adding new 
entries for ``A.B. Brown Generating Station'' and ``Clifty Creek 
Generating Station'', to read as follows:


Sec.  52.770  Identification of plan.

* * * * *
    (d) * * *

                                 EPA-Approved Indiana Source-Specific Provisions
----------------------------------------------------------------------------------------------------------------
            CO date                   Title         SIP rule     EPA approval              Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
1/11/2016.....................  A.B. Brown              N.A.  5/6/16, [insert    Limitation intended to support
                                 Generating                    Federal Register   attainment designation.
                                 Station.                      citation].
2/1/2016......................  Clifty Creek            N.A.  5/6/16, [insert    Limitation intended to support
                                 Generating                    Federal Register   attainment designation.
                                 Station.                      citation].
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2016-10579 Filed 5-5-16; 8:45 am]
 BILLING CODE 6560-50-P