[Federal Register Volume 82, Number 89 (Wednesday, May 10, 2017)]
[Rules and Regulations]
[Pages 21708-21711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09382]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2016-0707; FRL-9962-09-Region 5]


Air Plan Approval; Indiana; Commissioner's Order for Carmeuse 
Lime, Inc.

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving, as a 
revision to the Indiana State Implementation Plan (SIP), a submittal 
from the Indiana Department of Environmental Management (IDEM) to EPA, 
dated December 22, 2016. The submittal consists of an order issued by 
the Commissioner of IDEM that establishes permanent and enforceable 
sulfur dioxide (SO2) emission limits for Carmeuse Lime, Inc. 
(Carmeuse), applicable to its Gary, Indiana lime manufacturing plant. 
IDEM submitted this order so the area near Carmeuse can be designated 
``attainment'' of the 2010 primary SO2 National Ambient Air 
Quality Standards (NAAQS), a matter that will be addressed in a 
separate future rulemaking. EPA's approval of this order would make 
these SO2 emission limits and applicable reporting, 
recordkeeping, and compliance demonstration requirements part of the 
federally enforceable Indiana SIP.

DATES: This direct final rule will be effective July 10, 2017, unless 
EPA receives adverse comments by June 9, 2017. 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 Nos. EPA-R05-
OAR-2016-0707 at http://www.regulations.gov or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Joseph Ko, Environmental Engineer, 
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 886-7947, [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 this commissioner's order?
II. What are the SO2 limits in this commissioner's order?
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 this commissioner's orders?

    On December 22, 2016, IDEM submitted for approval, as a revision to 
the Indiana SIP, an order issued by IDEM's Commissioner that 
establishes SO2 emission limits for Carmeuse. SO2 
emission limits for Carmeuse previously did not exist in the Indiana 
SIP. IDEM established these emission limits so the area near Carmeuse 
can qualify in the future for being designated ``attainment'' of the 
2010 primary SO2 NAAQS. The history of the 2010 
SO2 NAAQS and the applicable Data Requirements Rule (DRR) is 
explained below in order to provide a more detailed explanation of the 
context for IDEM's request.
    On June 3, 2010, pursuant to section 109 of the Clean Air Act 
(CAA), EPA revised the primary (health-based) SO2 NAAQS by 
establishing a new one-hour standard codified at title 40 Code of 
Federal Regulations (CFR) section 51.17 (75 FR 35520). Pursuant to 
section 107(d) of the CAA, EPA must designate areas as either 
``unclassifiable,'' ``attainment,'' or ``nonattainment'' for the 2010 
one-hour SO2 primary NAAQS. Under Section 107(d) of the CAA, 
a nonattainment area is any area that does not meet the NAAQS or that 
contributes to a violation in a nearby area. An attainment area is any 
area, other than a nonattainment area, that meets the NAAQS. 
Unclassifiable areas are those that cannot be classified on the basis 
of available information as meeting or not meeting the NAAQS.
    On August 5, 2013, EPA published a final rule designating 29 areas 
in the United States as nonattainment for the 2010 SO2 
NAAQS, based on recorded air quality monitoring data from 2009-2011 
that showed violations of the NAAQS (78 FR 47191). In that rulemaking, 
EPA committed to address, in separate future actions, the designations 
for all other areas for which EPA was not yet prepared to issue 
designations.
    Following the initial August 5, 2013, designations, three lawsuits 
were filed against EPA in different U.S. District Courts, alleging that 
EPA had failed to perform a nondiscretionary duty under

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the CAA by not designating all portions of the country by June 2013, 
three years after the promulgation of the revised SO2 NAAQS, 
as required by Section 107(d) of the CAA. In an effort intended to 
resolve the litigation in one of those cases, plaintiffs Sierra Club 
and the Natural Resources Defense Council and EPA filed a proposed 
consent decree with the U.S. District Court for the Northern District 
of California. On March 2, 2015, the Court entered the consent decree 
and issued an enforceable order for EPA to complete the area 
designations according to the Court-ordered schedule.\1\ The consent 
decree required EPA to complete the designations in three additional 
rounds following EPA's original designations (Round 1): Round 2 by July 
2, 2016, Round 3 by December 31, 2017, and Round 4 by December 31, 
2020. This action falls within Round 3 of the designation process.
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    \1\ Sierra Club et al. v. EPA, No. 3:13-cv-3953-SI (N.D.Cal.)
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    Under the DRR (80 FR 51052), each state air agency was required to 
submit a list to the EPA by January 15, 2016, that identified all 
sources within the state that had SO2 emissions exceeding 
2,000 tons per year (tpy) during the most recent year for which 
emissions data for those sources were available, plus any additional 
sources and their associated areas identified by the air agency or by 
the EPA as also warranting air quality characterization due to their 
potential to contribute to an SO2 NAAQS violation.
    Carmeuse's lime manufacturing plant was not identified by IDEM as 
one of the sources covered by the DRR since the SO2 
emissions from the facility did not exceed 2,000 tpy; but IDEM 
determined that emissions from the plant could adversely impact overall 
SO2 air quality for Lake County. Based on modeling conducted 
by Indiana in accordance with EPA's Draft SO2 NAAQS 
Designations Modeling Technical Assistance Document,\2\ these emission 
limits in the Commissioner's Order will ensure modeled attainment of 
the 2010 SO2 NAAQS. IDEM conducted air dispersion modeling 
using the American Meteorological Society/Environmental Protection 
Agency Regulatory Model (AERMOD) version 15181 in accordance with 
appendix W of 40 CFR part 51 to determine SO2 emission 
limits for Carmeuse that will ensure modeled attainment of the 2010 
SO2 NAAQS in the area near this facility.
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    \2\ Draft SO2 NAAQS Designations Modeling Technical Assistance 
Document. December 2013. http://www3.epa.gov/airquality/sulfurdioxide/pdfs/SO2ModelingTAD.pdf.
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    IDEM has requested that EPA approve Commissioner's Order 2016-04 
for Carmeuse as part of the Indiana's SIP. If EPA approves the 
SO2 emission limits contained in these orders, they will 
become federally enforceable. Once these SO2 emission limits 
have become federally enforceable, IDEM intends to use them to 
demonstrate modeled attainment for the 2010 SO2 NAAQS for 
the area near Carmeuse. To be clear, the purpose of this rulemaking is 
to take action on IDEM's request to approve these SO2 
emission limits into the Indiana SIP and thereby make them federally 
enforceable. The purpose of this rulemaking is not to take action on 
whether these SO2 emission limits are adequate for EPA to 
designate attainment of the 2010 SO2 NAAQS for the area near 
Carmeuse. EPA intends to complete 2010 SO2 NAAQS 
designations for areas under the Federal consent decree deadlines, 
including the area near Carmeuse, in separate rulemakings.

II. What are the SO2 limits in this commissioner's orders?

    Indiana issued Commissioner's Order 2016-04 on November 15, 2016, 
with an effective date of 18 days after issuance. This order 
established SO2 emission limits for five kilns (with six 
stacks per kiln) at the Carmeuse facility. Modeling for the 
Commissioner's Order showed that an emission limit of 12.0 pounds per 
hour of SO2 for each kiln, or 2.0 pounds per hour for each 
stack, would ensure attainment of the 2010 SO2 NAAQS. 
Indiana calculated a rolling 720-operating-hour average limit of 9.48 
pounds per hour for each kiln, based on a flat averaging ratio of 0.79 
recommended in EPA's Guidance for 1-hour SO2 Nonattainment Area SIP 
Submission. This limit has a comparable stringency to an hourly 
emission limit. The Commissioner's Order requires that Carmeuse comply 
with this rolling 720-operating-hour average limit of 9.48 pound per 
hour per kiln, beginning seven days from the issuance of the permit 
modification required to allow the use of natural gas within the 
affected kilns.

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

    EPA has evaluated this revision on the basis of whether it 
strengthens Indiana's SIP. Prior to Commissioner's Order 2016-04, there 
were no specific SO2 emission limitations in the SIP 
applicable to Carmeuse, nor were there any applicable SO2 
limits identified in its part 70 Operating Permit. The SO2 
emission limits in Commissioner's Order 2016-04 for Carmeuse establish 
permanent and federally enforceable limits, and should, therefore, 
strengthen Indiana's SIP.
    The adequacy of these limits for providing for attainment is not a 
prerequisite for approval of these limits. Nevertheless, the purpose of 
these limits is ultimately to provide for attainment, and EPA is 
working with Indiana to assure a proper analysis of the adequacy of 
these limits for this purpose.

IV. What action is EPA taking?

    EPA is approving Commissioner's Order 2016-04 as part of the 
Indiana SIP. Incorporating the order's SO2 emission limits 
and related requirements for Carmeuse as part of the SIP strengthens 
Indiana's SIP, which did not have any specific SO2 emission 
limits for Carmeuse previously. By approving the Commissioner's Order 
into the Indiana SIP, these SO2 emission limits and 
applicable reporting, recordkeeping, and compliance demonstration 
requirements contained in the order would become federally enforceable, 
and strengthen the Indiana SIP.
    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 July 10, 2017 
without further notice unless we receive relevant adverse written 
comments by June 9, 2017. 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 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 July 10, 2017.

V. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes

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incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of the Indiana 
Commissioner's Order described in the amendments to 40 CFR part 52 set 
forth below. Therefore, these materials have been approved by EPA for 
inclusion in the State implementation plan, have been incorporated by 
reference by EPA into that plan, are fully federally enforceable under 
sections 110 and 113 of the CAA as of the effective date of the final 
rulemaking of EPA's approval, and will be incorporated by reference by 
the Director of the Federal Register in the next update to the SIP 
compilation.\3\ EPA has made, and will continue to make, these 
documents generally available through www.regulations.gov, and/or at 
the EPA Region 5 Office (please contact the person identified in the 
``For Further Information Contact'' section of this preamble for more 
information).
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    \3\ 62 FR 27968 (May 22, 1997).
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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 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 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 10, 2017. 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, Reporting and recordkeeping 
requirements, Sulfur oxides.

    Dated: April 27, 2017.
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 a 
new entry for ``Carmeuse Lime Inc.'' to read as follows:


Sec.  52.770  Identification of plan.

* * * * *
    (d) * * *

                                 EPA-Approved Indiana Source-Specific Provisions
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         CO date                 Title                 SIP rule              EPA approval         Explanation
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                                                  * * * * * * *
11/16/2016..............  Carmeuse Lime Inc..  N.A.....................  5/10/2017, [Insert   Limitation
                                                                          Federal Register     intended to
                                                                          citation].           support
                                                                                               attainment
                                                                                               designation.
 

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[FR Doc. 2017-09382 Filed 5-9-17; 8:45 am]
 BILLING CODE 6560-50-P