[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.

* * * * *
    (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]
 BILLING CODE 6560-50-P