[Federal Register Volume 84, Number 173 (Friday, September 6, 2019)]
[Rules and Regulations]
[Pages 46889-46892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19189]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2017-0700; FRL-9999-33-Region 5]
Air Plan Approval; Indiana; Regional Haze Plan and Prong 4
(Visibility) for the 2006 and 2012 PM2.5, 2010 NO2, 2010 SO2, and 2008
Ozone NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking action
under the Clean Air Act (CAA) on Indiana's November 27, 2017 State
Implementation Plan (SIP) submittal addressing regional haze. This
action is based on EPA's previous determination that a state's
implementation of the Cross-State Air Pollution Rule (CSAPR) program
continues to meet the criteria of the Regional Haze Rule (RHR) to
qualify as an alternative to the application of Best Available Retrofit
Technology (BART). EPA is taking several related actions. First, EPA is
approving the portion of Indiana's November 27, 2017 SIP submittal
seeking to change reliance from the Clean Air Interstate Rule (CAIR) to
CSAPR for certain regional haze requirements. EPA is also converting
EPA's limited approval/limited disapproval of Indiana's regional haze
SIP to a full approval and withdrawing the Federal Implementation Plan
(FIP) provisions that address the limited disapproval. Finally, EPA is
approving the visibility prong (``prong 4'') of Indiana's
infrastructure SIP submittals for the 2006 24-hour and 2012 annual fine
particulate matter (PM2.5), 2010 nitrogen dioxide
(NO2), and 2010 sulfur dioxide (SO2) National
Ambient Air Quality Standards (NAAQS) and converting EPA's disapproval
of the visibility portion of Indiana's infrastructure SIP submittal for
the 2008 ozone NAAQS to an approval.
DATES: This final rule is effective October 7, 2019.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2017-0700. All documents in the docket are listed in
the http://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., Confidential Business
Information 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
http://www.regulations.gov or at the EPA Region 5 office (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for availability information).
FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, 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) 886-1767,
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
[[Page 46890]]
I. Background
II. What comments did EPA receive on the proposed rule?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. Background
On May 22, 2019 (84 FR 23504), EPA proposed to approve Indiana's
November 27, 2017 SIP revision, including full approval of Indiana's
Regional Haze SIP, the removal of the Regional Haze FIP, and the
approval of prong 4 elements. The specific details of Indiana's
November 27, 2017 SIP revision and the rationale for EPA's approval are
discussed in the notice of proposed rulemaking and will not be restated
here.
Indiana submitted infrastructure SIPs for the following NAAQS: 2006
24-hour PM2.5 (October 20, 2009, June 25, 2012, July 12,
2012, and May 22, 2013); 2012 annual PM2.5 (December 10,
2016); 2010 NO2 (January 15, 2013); 2010 SO2 (May
22, 2013); and 2008 ozone (December 12, 2011), which relied on the
State having a fully approved regional haze SIP to satisfy its prong 4
requirements. However, EPA had not fully approved Indiana's regional
haze SIP, as the Agency issued a limited disapproval of the State's
original regional haze plan on June 7, 2012 (77 FR 33642), due to the
plan's reliance on CAIR. EPA finalized a limited approval of Indiana's
regional haze SIP on June 11, 2012 (77 FR 34218), as meeting the
remaining applicable regional haze requirements set forth in the CAA
and the RHR.
In the June 7, 2012 limited disapproval action, EPA also amended
the RHR to provide that participation by a state's electric generating
units (EGUs) in a CSAPR trading program for a given pollutant--either a
CSAPR Federal trading program implemented through a CSAPR FIP or an
integrated CSAPR state trading program implemented through an approved
CSAPR SIP revision--qualifies as a BART alternative for those EGUs for
that pollutant. On September 29, 2017 (82 FR 45481), EPA published a
final rule affirming the continued validity of the Agency's 2012
determination that participation in CSAPR meets the RHR's criteria for
an alternative to the application of source specific BART. On November
27, 2017, to correct the deficiencies in its regional haze SIP and
obtain approval of the portions of the aforementioned infrastructure
SIPs that rely on the regional haze SIP, Indiana submitted a SIP
revision to replace reliance on CAIR with reliance on CSAPR.
In this final action, EPA is approving Indiana's November 27, 2017
regional haze SIP revision and converting EPA's previous limited
approval/limited disapproval of Indiana's regional haze SIP to a full
approval. Specifically, EPA finds that Indiana's November 27, 2017, SIP
revision satisfies the SO2 and NOX BART
requirements of the RHR for the BART-eligible sources in Indiana
subject to the CSAPR annual NOX, annual SO2, and
ozone season NOX trading programs.\1\ For reasons more fully
explained in the proposal, and consistent with EPA's 2013 guidance on
the prong 4 element of infrastructure SIPs,\2\ with this approval of
Indiana's regional haze SIP revision, the State's regional haze SIP is
now fully approved and, therefore, provides the measures needed to
ensure that its emissions do not interfere with any other state's
efforts to protect visibility. Therefore, EPA is also approving the
prong 4 portion of Indiana's 2006 24-hour PM2.5 submissions,
2012 annual PM2.5 submission, 2010 SO2
submission, and 2010 NO2 submission, as well as converting
EPA's disapproval of the prong 4 portion of Indiana's 2008 ozone
infrastructure submission (see 81 FR 53309), to an approval.
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\1\ On December 17, 2018 (83 FR 64472), EPA approved Indiana's
regulations requiring large Indiana EGUs to participate in new CSAPR
state trading programs for annual NOX, annual
SO2, and ozone season NOX emissions integrated
with the CSAPR Federal trading programs and replaced the
corresponding FIP requirements. Indiana's State trading program
rules, 326 IAC 24-5 (Nitrogen Oxides (NOX) Annual Trading
Program), 326 IAC 24-6 (Nitrogen Oxides (NOX) Ozone
Season Group 2 Trading Program), and 326 IAC 24-7 (Sulfur Dioxide
(SO2) Group 1 Trading Program), are codified into the SIP
at 40 CFR 52.770(c).
\2\ September 13, 2013 memorandum from Stephen D. Page titled
``Guidance on Infrastructure State Implementation Plan (SIP)
Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2).''
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II. What comments did EPA receive on the proposed rule?
EPA provided a 30-day comment period for the May 22, 2019, proposed
rule. During the comment period, we received one anonymous comment
objecting to the proposed action. The adverse comment is summarized and
addressed below.
Comment: EPA can't support finalizing action on infrastructure
elements that are based on a FIP. CAA section 110(a)(2)(D) states that
SIPs shall ``contain adequate provisions . . . .'' This language means
that the requirements under section 110(a)(2)(D) must be contained in
the SIP and can't be met by a FIP. EPA should disapprove Indiana's
infrastructure SIP.
Response: The commenter's premise is incorrect in that the State of
Indiana is meeting its prong 4 obligations through a fully approved
regional haze SIP, not a FIP. The prong 4 infrastructure SIP element
addressed in this action is contained in Section 110(a)(2)(D)(i)(II),
which requires a state's implementation plan to contain provisions
prohibiting sources in that state from emitting pollutants in amounts
that interfere with any other state's efforts to protect visibility
under part C of the CAA. EPA issued guidance on infrastructure SIPs in
a September 13, 2013 memorandum from Stephen D. Page, titled,
``Guidance on Infrastructure State Implementation Plan (SIP) Elements
under Clean Air Act Sections 110(a)(1) and 110(a)(2)'' (2013 Guidance).
The 2013 Guidance lays out how a state's infrastructure SIP may satisfy
prong 4. EPA explained that one way a state may satisfy prong 4 is via
confirmation that the state has a fully approved regional haze SIP.
EPA's RHR, codified at 40 CFR 51.308 and 51.309, specifically
requires that a state participating in a regional planning process
include all measures needed to achieve its apportionment of emission
reduction obligations agreed upon through that process. A fully
approved regional haze SIP will ensure that emissions from sources
under an air agency's jurisdiction are not interfering with measures
required to be included in other air agencies' plans to protect
visibility. The RHR further specifies that participation by a state's
EGUs in a CSAPR trading program for a given pollutant--either a CSAPR
Federal trading program implemented through a CSAPR FIP or an
integrated CSAPR state trading program implemented through an approved
CSAPR SIP revision--qualifies as a BART alternative for those EGUs for
that pollutant. See 40 CFR 51.308(e)(4). Therefore, consistent with the
RHR and the 2013 Guidance, a state's regional haze SIP can be fully
approved if a state is meeting the BART requirement through the
implementation of a CSAPR FIP. In this case, Indiana has replaced its
former reliance on CAIR with a new SIP that relies on CSAPR to meet
certain outstanding regional haze requirements. EPA is approving that
SIP in this action and is withdrawing the FIP it had previously
promulgated for Indiana to provide for reliance on CSAPR (see 77 FR
33654). Whether a state is subject to a CSAPR FIP or has replaced that
FIP with a SIP to satisfy its obligations under prongs 1 and 2 of
section 110(a)(2)(D)(i)(I) (together generally known as the ``good
neighbor provision'') is not relevant to the question at hand regarding
prong 4 obligations. Indiana has appropriately adjusted its regional
haze SIP to rely on CSAPR to meet certain regional haze
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obligations, and this is what allows EPA to fully approve the State's
regional haze SIP. Having a fully approved regional haze SIP, as
recognized in the 2013 Guidance, allows EPA to conclude that the
State's prong 4 obligations are therefore also met.
Regardless, contrary to commenter's assertion, the State has in
fact also already replaced its CSAPR FIP with a CSAPR SIP. On December
17, 2018, EPA approved Indiana's State CSAPR trading program
regulations for annual NOX, annual SO2, and ozone
season NOX emissions to replace EPA's Federal CSAPR trading
program regulations for these emissions from Indiana units (83 FR
64472). We found that Indiana's trading program is integrated with and
is substantively identical to the Federal trading program. Therefore,
EPA's full approval of Indiana's regional haze SIP, which provides the
basis of EPA's approval of Indiana's prong 4 elements, relies on the
State's integrated CSAPR state trading program, not a FIP as commenter
asserts.
III. What action is EPA taking?
EPA is taking the following actions: (1) Approving the portion of
Indiana's November 27, 2017 SIP submittal seeking to change from
reliance on CAIR to reliance on CSAPR for certain regional haze
requirements; (2) converting EPA's limited approval/limited disapproval
of Indiana's January 14, 2011 and March 10, 2011 regional haze SIP to a
full approval; (3) withdrawing the FIP provisions that address the
limited disapproval; (4) approving the visibility prong of Indiana's
infrastructure SIP submittals for the 2012 and 2006 PM2.5,
2010 NO2, and 2010 SO2 NAAQS; and (5) converting
EPA's disapproval of the visibility portion of Indiana's infrastructure
SIP submittal for the 2008 ozone NAAQS to an approval.
IV. Statutory and Executive Order Reviews
A. Executive Orders 12866 and 13563: Regulatory Planning and Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under Executive Orders 12866 and 13563
(76 FR 3821, January 21, 2011).
B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs
This action is an Executive Order 13771 regulatory action because
this action is not significant under Executive Order 12866.
C. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
D. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities.
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action does not impose additional requirements
beyond those imposed by state law. Accordingly, no additional costs to
State, local, or tribal governments, or to the private sector, will
result from this action.
F. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175. It will not have substantial direct effects on
tribal governments. There are no Indian reservation lands in Indiana.
Thus, Executive Order 13175 does not apply to this rule.
H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not concern an environmental
health risk or safety risk.
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (66 FR 28355
(May 22, 2001)), because it is not a significant regulatory action
under Executive Order 12866.
J. National Technology Transfer and Advancement Act
This rulemaking does not involve technical standards. Therefore,
the EPA is not considering the use of any voluntary consensus
standards.
K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
EPA believes that this action does not have disproportionately high
and adverse human health or environmental effects on minority
populations, low-income populations, and/or indigenous peoples, as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994).
L. Determination Under Section 307(d)
Pursuant to CAA section 307(d)(1)(B), this action is subject to the
requirements of CAA section 307(d), as it revises a FIP under CAA
section 110(c).
M. Congressional Review Act
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).
N. Judicial Review
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 November 5, 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
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shall not postpone the effectiveness of such rule or action. This
action may not be challenged later in proceedings to enforce its
requirements. See CAA section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Regional haze, Reporting and recordkeeping requirements, Sulfur
oxides, Visibility, Volatile organic compounds.
Dated: August 28, 2019.
Andrew R. Wheeler,
EPA Administrator.
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 (e) is amended by revising
the entries for ``Regional Haze Plan,'' ``Section 110(a)(2)
Infrastructure Requirements for the 2006 24-Hour PM2.5
NAAQS,'' ``Section 110(a)(2) Infrastructure Requirements for the 2008
8-Hour Ozone NAAQS,'' ``Section 110(a)(2) Infrastructure Requirements
for the 2010 NO2 NAAQS,'' ``Section 110(a)(2) Infrastructure
Requirements for the 2010 SO2 NAAQS,'' and ``Section
110(a)(2)(D) Infrastructure Requirements for the 2012 PM2.5
NAAQS'' to read as follows:
Sec. 52.770 Identification of plan.
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(e) * * *
EPA-Approved Indiana Nonregulatory and Quasi-Regulatory Provisions
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Title Indiana date EPA approval Explanation
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* * * * * * *
Regional Haze Plan................... 11/27/2017............. 9/6/2019, [Insert Full Approval.
Federal Register
citation].
* * * * * * *
Section 110(a)(2) Infrastructure 10/20/2009, 6/25/2012, 9/6/2019, [Insert Full Approval.
Requirements for the 2006 24-Hour 7/12/2012, 5/22/2013, Federal Register
PM2.5 NAAQS. and 11/27/2017. citation].
* * * * * * *
Section 110(a)(2) Infrastructure 12/12/2011 and 11/27/ 9/6/2019, [Insert Full Approval.
Requirements for the 2008 8-Hour 2017. Federal Register
Ozone NAAQS. citation].
Section 110(a)(2) Infrastructure 1/15/2013 and 11/27/ 9/6/2019, [Insert Full Approval.
Requirements for the 2010 NO2 NAAQS. 2017. Federal Register
citation].
Section 110(a)(2) Infrastructure 5/22/2013 and 11/27/ 9/6/2019, [Insert All elements have been
Requirements for the 2010 SO2 NAAQS. 2017. Federal Register addressed except:
citation]. 110(a)(2)(D)(i)(I).
Section 110(a)(2)(D) Infrastructure 6/10/2016 and 11/27/ 9/6/2019, [Insert All elements have been
Requirements for the 2012 PM2.5 2017. Federal Register addressed except:
NAAQS. citation]. 110(a)(2)(D)(i)(I).
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[FR Doc. 2019-19189 Filed 9-5-19; 8:45 am]
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