[Federal Register Volume 84, Number 56 (Friday, March 22, 2019)]
[Rules and Regulations]
[Pages 10692-10694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05282]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2015-0700; FRL-9991-10-Region 5]


Air Plan Approval; Indiana; Attainment Plan for Indianapolis and 
Terre Haute SO2 Nonattainment Areas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve State Implementation Plan (SIP) revisions that 
Indiana submitted to EPA on October 2, 2015 for attaining the 2010 
sulfur dioxide (SO2) national ambient air quality standard 
(NAAQS) for the Indianapolis (Marion County) and Terre Haute (Vigo 
County) areas. EPA proposed this action on August 15, 2018 and did not 
receive any relevant public comments. These revisions (herein called 
the ``attainment plans'' or ``plans'') include Indiana's attainment 
demonstration and other elements required under the Clean Air Act (CAA) 
for the two areas. In addition to an attainment demonstration, the 
plans address: The requirement for meeting reasonable further progress 
(RFP) toward attainment of the NAAQS, reasonably available control 
measures and reasonably available control technology (RACM/RACT), 
emission inventories, and contingency measures. EPA further concludes 
that Indiana has demonstrated that the plans provide for attainment of 
the 2010 SO2 NAAQS in the Indianapolis and Terre Haute areas 
by the attainment date of October 4, 2018.

DATES: This final rule is effective on April 22, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2015-0700. All documents in the docket are listed on 
the www.regulations.gov website. 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

[[Page 10693]]

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 Sarah Arra, 
Environmental Scientist, at 312-886-9401 before visiting the Region 5 
office.

FOR FURTHER INFORMATION CONTACT: Sarah Arra, Environmental Scientist, 
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 886-9401, [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 action did EPA propose and why?
II. What comments did EPA receive, and what are EPA's responses?
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. What action did EPA propose and why?

    On August 15, 2018 (83 FR 40487), EPA proposed to approve an 
attainment plan submittal as a revision to Indiana's SIP, submitted on 
October 2, 2015, for the 2010 SO2 NAAQS for the Indianapolis 
(Marion County), Southwest Indiana (Daviess and Pike Counties), and 
Terre Haute (Vigo County) areas. This action finalizes approval for the 
Indianapolis and Terre Haute areas only.
    The dispersion modeling results submitted by Indiana show design 
values that are less than the standard of 75 parts per billion (ppb), 
specifically 73 ppb for the Indianapolis area and 72.6 ppb for the 
Terre Haute area. EPA proposed that these areas demonstrate attainment 
of the 2010 SO2 standard and meet the applicable 
requirements of CAA sections 110, 172, 191, and 192 including emission 
inventories, RACT/RACM, RFP, and contingency measures, and that Indiana 
has previously addressed requirements regarding nonattainment area new 
source review (NSR).

II. What comments did EPA receive, and what are EPA's responses?

    EPA's August 15, 2018 proposed action received one public comment 
pertaining to the Southwest Indiana area, but no comments pertaining to 
the Indianapolis and Terre Haute areas. Because this final action is 
acting on the Indianapolis and Terre Haute areas only, EPA will respond 
to the comment for the Southwest Indiana in the applicable, separate 
rulemaking. EPA also received two anonymous comments that address 
subjects outside the scope of our proposed action, do not explain (or 
provide a legal basis for) how the proposed action should differ in any 
way, and make no specific mention of the substantive aspects of the 
proposed action. Consequently, these comments are not germane to this 
rulemaking and require no further response.

III. What action is EPA taking?

    EPA is approving Indiana's attainment plans as submitted to EPA on 
October 2, 2015, as a revision to Indiana's SIP, for attaining the 2010 
SO2 NAAQS for the Indianapolis (Marion County) and Terre 
Haute (Vigo County) areas. The attainment plans include Indiana's 
attainment demonstrations for the Indianapolis and Terre Haute 
nonattainment areas using dispersion modeling to demonstrate that the 
emission limits that Indiana adopted into 326 Indiana Administrative 
Code Article 7, and submitted for EPA approval, provide for air quality 
meeting the SO2 NAAQS.
    The attainment plans also satisfy requirements for emission 
inventories, RACT/RACM, RFP, and contingency measures. Additionally, 
Indiana has previously addressed requirements regarding nonattainment 
area NSR rules \1\. Therefore, EPA has determined that Indiana's 
SO2 attainment plans meet the applicable requirements of CAA 
sections 110, 172, 191, and 192.
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    \1\ See 94 FR 24838 (October 7, 1994).
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IV. 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 
Regulations described in the amendments to 40 CFR part 52 set forth 
below. EPA has made, and will continue to make, these documents 
generally available through www.regulations.gov, and at the EPA Region 
5 Office (please contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section of this preamble for more information). 
Therefore, these materials have been approved by EPA for inclusion in 
the SIP, 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 in the next update to the SIP 
compilation.\2\
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    \2\ 62 FR 27968 (May 22, 1997).
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V. 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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

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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 May 21, 2019. 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: March 11, 2019.
Cheryl L. Newton,
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 (c) under the heading 
``Article 7. Sulfur Dioxide Rules'' is amended by:
0
a. Adding, in numerical order, an entry for ``7-1.1-3'' under ``Rule 
1.1. Sulfur Dioxide Emission Limitations'';
0
b. Revising the entry for ``7-2-1'' under ``Rule 2. Compliance'';
0
c. Removing the entries for ``7-4-2'' and ``7-4-3''; and
0
d. Adding, in numerical order, the entries for ``7-4-2.1'' and ``7-4-
3.1'' under ``Rule 4. Emission Limitations and Requirements by 
County''.
    The additions and revisions read as follows:


Sec.  52.770  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Indiana Regulations
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                                                     Indiana
      Indiana citation             Subject       effective date   EPA approval date             Notes
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                                                  * * * * * * *
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                                         Article 7. Sulfur Dioxide Rules
                                  Rule 1.1 Sulfur Dioxide Emission Limitations
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                                                  * * * * * * *
7-1.1-3....................  Compliance Date...       10/5/2015  3/22/2019, [Insert
                                                                  Federal Register
                                                                  citation].
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                                               Rule 2. Compliance
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7-2-1......................  Reporting                10/5/2015  3/22/2019, [Insert
                              Requirements;                       Federal Register
                              methods to                          citation].
                              determine
                              compliance.
 
                                                  * * * * * * *
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                             Rule 4. Emission Limitations and Requirements by County
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7-4-2.1....................  Marion County             1/1/2017  3/22/2019, [Insert
                              sulfur dioxide                      Federal Register
                              emission                            citation].
                              limitations.
7-4-3.1....................  Vigo County sulfur        1/1/2017  3/22/2019, [Insert
                              dioxide emission                    Federal Register
                              limitations.                        citation].
 
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[FR Doc. 2019-05282 Filed 3-21-19; 8:45 am]
 BILLING CODE 6560-50-P