[Federal Register Volume 84, Number 184 (Monday, September 23, 2019)]
[Rules and Regulations]
[Pages 49659-49661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20130]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2015-0700; FRL-9999-77-Region 5]
Air Plan Approval; Indiana; Attainment Plan for the Morgan County
Sulfur Dioxide Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving as a
State Implementation Plan (SIP) revision the Morgan County-related
elements of an Indiana submission to EPA dated October 2, 2015, as
supplemented on November 15, 2017, June 7, 2017, February 8, 2019, and
February 12, 2019. EPA concludes that Indiana has appropriately
demonstrated that the plan provisions provide for attainment of the
2010 sulfur dioxide (SO2) National Ambient Air Quality
Standard (NAAQS) in the Morgan County area by the applicable attainment
date and that the plan meets the other applicable requirements under
the Clean Air Act.
DATES: This final rule is effective on October 23, 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 available only in hard
copy form. Publicly available docket materials are available through
www.regulations.gov, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: John Summerhays at EPA Region 5,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-6067,
[email protected].
SUPPLEMENTARY INFORMATION:
I. Summary of EPA's Notice of Proposed Rulemaking
Following the promulgation in 2010 of a 1-hour primary
SO2 NAAQS, EPA designated two townships in Morgan County,
Indiana as nonattainment for this NAAQS, in conjunction with
designating three other areas in Indiana and multiple areas in other
states as nonattainment as well. On October 2, 2015, Indiana submitted
plans addressing all four of its SO2 nonattainment areas.
EPA is taking separate action on Indiana's plans for its other
nonattainment areas: EPA proposed action on plans for the other three
areas (Indianapolis, Terre Haute and Southwest Indiana) on August 15,
2018, at 83 FR 40487, and took final action on the plans for
Indianapolis and Terre Haute on March 22, 2019, at 84 FR 10692. EPA
continues separate review of the plan for Southwest Indiana.
In addition to its October 2, 2015 submittal, Indiana made four
supplemental submittals, three of which are relevant specifically to
Morgan County. While the October 2, 2015 submittal included rules that
imposed work practice requirements on both the Indianapolis Power and
Light-Eagle Valley power plant (IP&L-Eagle Valley) and Hydraulic Press
Brick, Indiana rescinded the submittal of the requirements for
Hydraulic Press Brick on June 7, 2017. However, Indiana then withdrew
this rescission on February 12, 2019, reactivating its request for EPA
to approve these requirements. On February 8, 2019, Indiana submitted
additional analysis for Morgan County to demonstrate that use of a more
conservative approach to estimating background concentrations in this
area also resulted in the conclusion that the area is attaining the
SO2 NAAQS. In addition, on November 15, 2017, Indiana
provided clarifications on its inventory procedures and other elements
of its four nonattainment plans.
EPA published a notice of proposed rulemaking addressing Indiana's
plan for the Morgan County SO2 nonattainment area on July 9,
2019, at 84 FR 32672. EPA proposed to approve rules that require IP&L-
Eagle Valley to burn natural gas (rather than coal) in its primary
boilers and that require Hydraulic Press Brick to conduct dry sorbent
injection sufficient to achieve 50 percent emission reduction (except
to the extent that this control is not necessary for SO2
emissions to be below 2.5 pounds per million British Thermal Units).
EPA proposed to conclude that Indiana has demonstrated that these
requirements provide for the Morgan County area to attain the
SO2 NAAQS. Finally, EPA proposed to conclude that Indiana
has satisfied the other applicable requirements for nonattainment
areas, including requirements for a suitable emissions inventory, for
reasonably available control measures/reasonably available control
technology (RACM/RACT), for reasonable further progress (RFP), and for
contingency measures.
II. Comments
EPA received no comments on its notice of proposed rulemaking. EPA
also has no other reason to reevaluate its proposed approval of
Indiana's plan for the Morgan County SO2 nonattainment area.
III. EPA's Final Action
EPA is approving Indiana's SIP submission for the Morgan County
SO2 nonattainment area, which the state submitted to EPA on
October 2, 2015 and supplemented on June 7, 2017, November 15, 2017,
February 8, 2019, and February 12, 2019. This SO2
nonattainment plan included Indiana's attainment demonstration for this
area. The nonattainment plan also addressed requirements for emission
inventories, RACT/RACM, RFP, and contingency measures. Indiana has
previously addressed requirements regarding nonattainment area new
source review (NSR). EPA has determined that Indiana's SO2
nonattainment plan for Morgan County meets the applicable requirements
of Clean Air Act sections 110, 172, 191, and 192.
The rules that underpin Indiana's attainment plan for Morgan County
include three rules. Indiana Administrative Code, Title 326, Rule 7-4-
11.1 (326 IAC 7-4-11.1, entitled ``Morgan County sulfur dioxide
emission limitations'') imposes the work practice requirements
described above. Indiana's SO2 nonattainment plans also
include two rules specifying compliance provisions, namely Rule 326 IAC
7-1.1-3 (entitled ``Compliance date'') and Rule 326 IAC 7-2-1 (entitled
``Reporting requirements; methods to determine compliance''). However,
EPA has already approved these two compliance rules, as part of final
action to approve Indiana's plan for the Indianapolis and Terre Haute
areas. Therefore, while EPA
[[Page 49660]]
reaffirms the role of these two rules in the Morgan County plan, EPA
need not reapprove and is not reapproving these rules as part of
today's action. Instead, the codification for this rule only adds the
approval of Morgan County limits in Rule 326 IAC 7-4-11.1.
In addition to codifying approval of these rules, EPA is also
codifying its approval of Indiana's attainment plan for Morgan County.
EPA's prior action to approve the attainment plans for the Indianapolis
and Terre Haute areas (published March 22, 2019 at 84 FR 10692) did not
codify approval of those plans; for administrative convenience,
codification of those approvals is included with the codification of
this action.
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 an Indiana
regulation 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 applicable 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 State implementation plan, have been incorporated by
reference by EPA into that plan, are fully federally enforceable under
sections 110 and 113 of the Clean Air Act 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.\1\
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\1\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Order Reviews
Under the Clean Air 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 Clean Air 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 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 Clean Air 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, 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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by November 22, 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, Reporting and recordkeeping requirements, Sulfur oxides.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 4, 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. Section 52.770 is amended:
0
a. In the table in paragraph (c), under ``Article 7. Sulfur Dioxide
Rules'', ``Rule 4. Emission Limitations and Requirements by County'',
by removing the entry for ``7-4-11'' and adding in its place an entry
for ``7-4-11.1''; and
0
b. In the table in paragraph (e) by:
0
i. Adding an entry for ``Indianapolis 2010 Sulfur Dioxide
(SO2) Attainment Plan'' after the entry for ``Indianapolis
Hydrocarbon Control Strategy'';
0
ii. Adding an entry for ``Morgan County 2010 Sulfur Dioxide
(SO2) Attainment Plan'' before the entry for ``Muncie 1997
8-hour ozone maintenance plan''; and
0
iii. Adding an entry for ``Terre Haute 2010 Sulfur Dioxide
(SO2) Attainment Plan'' before the entry for ``Terre Haute
2010 Sulfur Dioxide (SO2) maintenance plan''.
The revision and additions read as follows:
[[Page 49661]]
Sec. 52.770 Identification of plan.
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(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
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* * * * * * *
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Rule 4. Emission Limitations and Requirements by County
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* * * * * * *
7-4-11.1............................. Morgan County sulfur dioxide 7/5/2019 9/23/2019, [insert Federal ...................................
emission limitations. Register
citation]....................
* * * * * * *
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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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* * * * * * *
Indianapolis 2010 Sulfur Dioxide 10/2/15 3/22/2019, 84 FR 10692. .................................
(SO2) Attainment Plan.
* * * * * * *
Morgan County 2010 Sulfur Dioxide 10/2/15 9/23/2019, [insert .................................
(SO2) Attainment Plan. Federal Register
citation].
* * * * * * *
Terre Haute 2010 Sulfur Dioxide 10/2/15 3/22/2019, 84 FR 10692. .................................
(SO2) Attainment Plan.
* * * * * * *
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[FR Doc. 2019-20130 Filed 9-20-19; 8:45 am]
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