[Federal Register Volume 82, Number 234 (Thursday, December 7, 2017)]
[Proposed Rules]
[Pages 57694-57698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26304]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2016-0211 FRL-9971-60-Region 5]
Air Plan Approval; Indiana; Regional Haze Five-Year Progress
Report State Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve the Indiana regional haze progress report under the Clean Air
Act as a revision to the Indiana State Implementation Plan (SIP).
Indiana has satisfied the progress report requirements of the Regional
Haze Rule. Indiana has also met the requirements for a determination of
the adequacy of its regional haze plan with its negative declaration
submitted with the progress report.
DATES: Comments must be received on or before January 8, 2018.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2016-0211 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: Michelle Becker, Life Scientist,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-3901,
[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. Background
II. EPA's Analysis of Indiana's Regional Haze Progress Report and
Adequacy Determination
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. Background
States are required to submit a progress report every five years
that evaluates progress towards the Reasonable Progress Goals (RPGs)
for each mandatory Class I Federal area within the State and in each
mandatory Class I Federal area outside the State which may be affected
by emissions from within the State. See 40 CFR 51.308(g). States are
also required to submit, at the same time as the progress report, a
determination of the adequacy of the State's existing regional haze
SIP. See 40 CFR 51.308(h). The first progress report is due five years
after the submittal of the initial regional haze SIP.
[[Page 57695]]
Indiana initially submitted its regional haze plan on January 14,
2011. The final corrected version was submitted on March 10, 2011. EPA
finalized a limited approval of Indiana's regional haze plan into its
SIP on June 11, 2012. 77 FR 32418. As part of the action, EPA also
approved limits for the aluminum fabricating facility owned and
operated by Alcoa, Inc. and located in Warrick County, Indiana, which
were determined by EPA to satisfy the requirements for best available
retrofit technology (BART).
Indiana submitted its five-year progress report on March 30, 2016.
This is a report on progress made in the first implementation period
towards RPGs for Class I areas outside of Indiana. Indiana does not
have any Class I areas within its borders. This progress report SIP
included a determination that Indiana's existing regional haze SIP
requires no substantive revision to achieve the established regional
haze visibility improvement and emissions reduction goals for 2018. EPA
is proposing to approve Indiana's progress report on the basis that it
satisfies the applicable requirements of the rule at 40 CFR 51.308.
II. EPA's Analysis of Indiana's Regional Haze Progress Report and
Adequacy Determination
On March 30, 2016, Indiana submitted a revision to its regional
haze SIP to address progress made in the first planning period towards
RPGs for Class I areas that are affected by emissions from Indiana's
sources. This progress report also included a determination of the
adequacy of the state's existing regional haze SIP.
Even though Indiana has no Class I areas within its borders, the
State reviewed technical analyses conducted by the Midwest Regional
Planning Organization (MRPO) and other regional planning organizations
(RPOs) to determine which Class I areas are affected by Indiana's
emissions. The five relevant RPOs are the Mid-Atlantic and Northeastern
Visibility Union (MANE-VU) for the Northeastern states, the Visibility
Improvement State and Tribal Association of the Southeast (VISTAS),
MRPO, the Central Regional Air Planning Association (CENRAP), and
Western Regional Air Partnership (WRAP). The following Class I areas in
other states were identified as possibly being impacted by Indiana
sources (77 FR 3975, January 26, 2012):
Southeastern U.S. (VISTAS)--Sipsey Wilderness Area, AL; Mammoth Cave
National Park, KY; Great Smoky Mountains National Park, NC and TN;
James River Face Wilderness Area, VA; Shenandoah National Park, VA; and
Dolly Sods/Otter Creek Wilderness Areas, WV
Eastern U.S. (MANE-VU)--Acadia National Park, ME; Moosehorn Wilderness
Area, ME; Great Gulf Wilderness Area, NH; Brigantine Wilderness Area,
NJ; and Lye Brook Wilderness Area, VT
Northern U.S. (MRPO and CENRAP)--Isle Royale National Park, MI; Seney
National Wildlife Refuge, MI; Boundary Waters Canoe Area Wilderness
Area, MN; and Voyageurs National Park, MN
South Central U.S. (CENRAP)--Hercules-Glades Wilderness Area, MO; Mingo
Wilderness Area, MO; Caney Creek Wilderness Area, AR; and Upper Buffalo
Wilderness Area, AR
A. Regional Haze Progress Report SIPs
The following section includes EPA's analysis of Indiana's progress
report submittal and an explanation of the basis of our proposed
approval.
1. Status of Implementation of All Measures Included in the Regional
Haze SIP
In its progress report, Indiana summarized the implementation
status of the control strategies that were included in its 2011
regional haze SIP, specifically, the status of the on-the-books
emissions reduction measures in addition to reductions from federal
regulatory programs such as: Tier 2 Vehicle Emissions and Gasoline
Standards Rule; Heavy-Duty Diesel Engine and Highway Diesel Fuel Rule;
Non-road Engine Diesel Fuel Rule (Tier 4); and Maximum Achievable
Control Technology. In its regional haze strategy, Indiana did not rely
on additional emissions controls from other states. Indiana also noted
the following additional controls measures, which are expected to
result in emissions reductions between 2011 and 2018, but were not
relied upon in Indiana's Regional Haze SIP: 2010 SO2
National Ambient Air Quality Standard (75 FR 35519, June 22, 2010);
Mercury and Air Toxics Standard Rule (79 FR 68777, November 19, 2014);
and Tier 3 Vehicle Emissions and Fuel Standard Program (79 FR 23414,
April 28, 2014).
In its regional haze SIP, Indiana relied on the Clean Air
Interstate Rule (CAIR) to meet the sulfur dioxide (SO2) and
nitrogen oxides (NOX) BART requirements for its electric
generating units (EGUs) as well as to ensure reasonable progress.
Indiana's progress report describes the litigation regarding CAIR and
Cross-State Air Pollution Rule (CSAPR) that has had a substantial
impact on EPA's review of the regional haze SIPs of many states.
In 2005, EPA issued regulations allowing states to rely on CAIR to
meet certain requirements of the Regional Haze Rule. See 70 FR 39104
(July 6, 2005).\1\ A number of states, including Indiana, submitted
regional haze SIPs consistent with these regulatory provisions. CAIR,
however, was remanded (without vacatur) to EPA in 2008, North Carolina
v. EPA, 550 F.3d 1176, 1178 (D.C. Cir. 2008), and replaced by CSAPR. 76
FR 48208 (August 8, 2011). Implementation of CSAPR was scheduled to
begin on January 1, 2012, when CSAPR would have superseded the CAIR
program. However, numerous parties filed petitions for review of CSAPR,
and at the end of 2011, the D.C. Circuit issued an order staying CSAPR
pending resolution of the petitions and directing EPA to continue to
administer CAIR. Order of December 30, 2011, in EME Homer City
Generation, L.P. v. EPA, D.C. Cir. No. 11-1302.
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\1\ CAIR required certain states like Indiana to reduce
emissions of sulfur dioxide (SO2) and nitrogen oxides
(NOX) that significantly contribute to downwind
nonattainment of the 1997 National Ambient Air Quality Standard
(NAAQS) for fine particulate matter (PM2.5) and ozone.
See 70 FR 25162 (May 12, 2005).
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EPA finalized a limited approval of Indiana's regional haze SIP on
June 11, 2012. 77 FR 39177. In a separate action, published on June 7,
2012, EPA finalized a limited disapproval of the Indiana regional haze
SIP because of the state's reliance on CAIR to meet certain regional
haze requirements, and issued a Federal Implementation Plan (FIP) to
address the deficiencies identified in the limited disapproval of
Indiana and other states' regional haze plans. 77 FR 33642. The FIP
relied on CSAPR to meet certain regional haze requirements,
notwithstanding that CSAPR was stayed at the time. Following additional
litigation and the lifting of the stay, EPA began implementation of
CSAPR on January 1, 2015.
Regarding the status of BART and reasonable progress control
requirements for non-EGU sources in the state, one non-EGU source, the
Alcoa facility in Warrick County, was identified as BART-eligible and
shown to contribute significantly to visibility impairment at Class I
areas in other states. EPA approved Indiana's alternative BART strategy
of controlling emissions from a non-BART boiler unit in our June 11,
2012, limited approval of Indiana's regional haze SIP. 77 FR 34218.
EPA proposes to conclude that Indiana has adequately addressed the
[[Page 57696]]
status of control measures in its regional haze SIP. Indiana describes
the implementation status of measures from its regional haze SIP,
including the status of control measures to meet BART and reasonable
progress requirements, the status of measures from on-the-book controls
and the status of federal regulatory programs.
2. Summary of Emissions Reductions Achieved in the State Through
Implementation of Measures
In its progress report, Indiana discusses the emissions reductions
resulting from the control strategies included in its 2011 regional
haze SIP. As described above, throughout the litigation surrounding
CAIR and CSAPR, EPA continued to implement CAIR. Thus, CAIR was in
effect through the end of 2014.
Indiana listed its EGUs' emissions of SO2 and
NOX for 2005, 2009, and 2013, along with its CSAPR budgets.
In the progress report, Indiana showed that 2013 state-wide
SO2 emissions from EGUs were 268,217 tons, below the CSAPR
budget of 285,424 tons. Indiana also showed that 2013 state-wide
NOX emissions from EGUs were 103,048 tons, below the CSAPR
budget of 109,726 tons. Indiana's SO2 and NOX EGU
emissions for 2013 were 6% lower than the 2013 CSAPR budgets for both
pollutants. Table 1 below summarizes the emission reductions reported
by Indiana.
Table 1--Indiana EGU Emissions Reported to the Clean Air Markets Program Division (CAMD)
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NOX (tons) NOX budget SO2 (tons) SO2 budget
Year (tons) (tons)
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2005............................................ 210,646 .............. 870,812 ..............
2009............................................ 113,601 .............. 413,726 ..............
2013............................................ 103,048 109,726 268,217 285,424
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3. Assessment of Visibility Conditions and Changes for Each Mandatory
Class I Federal Area in the State
Indiana noted in its progress report that it does not have any
Class I areas within its boundaries, and as the applicable provisions
pertain only to states containing Class I areas, no further discussion
is necessary. EPA concurs, and proposes to conclude that Indiana has
adequately addressed the applicable provisions of 40 CFR 51.308(g).
4. Analysis Tracking Emissions Changes of Visibility-Impairing
Pollutants
In its progress report, Indiana tracked changes in emissions of
visibility-impairing pollutants using its 2005 base emissions and
projected 2018 emissions in its regional haze plan submitted in 2011.
The progress report gives current annual emissions for SO2
and NOX that can be compared to the base emissions and 2018
projected emissions. Base emissions of SO2 in 2005 were
956,031 tons, with a 64 percent reduction to 346,429 tons in 2014.
Indiana reported 2011 SO2 total emissions of 425,786 tons.
The NOX base emissions in 2005 were 283,059 tons, with a 42
percent reduction to 164,520 tons in 2014. Indiana reported 2011
NOX emissions of 180,674 tons.
Indiana noted that SO2 emissions have been reduced
considerably between 2005 and 2014, based on actual reported emissions.
These reductions were due primarily to regulations focused on reducing
SO2 emissions from coal-burning power plants and other large
sources, such as various types of boilers and incinerators, which are
the largest emitters of SO2.
The actual decrease in NOX emissions was not as
substantial as the decrease in SO2 emissions between 2005
and 2014. This is because the NOX SIP call which
significantly reduced NOX emissions took place in 2004
(before the examined timeframe of 2005-2014), and NOX
emissions from sources other than EGUs combined are much higher than
NOX emissions from EGUs alone. Actual NOX
emissions reported from contributing sources in Indiana decreased
incrementally over the first five-year timeframe (2005-2009) by 38%.
The NOX emissions reduction between 2010 and 2014 decreased
by only 13%, due to increases in NOX emissions from point,
mobile, and non-road sources in 2010 and 2011; but total NOX
emissions decreased by 42% between 2004 and 2014. These reductions show
that Indiana is in line with improvements predicted by the modeling for
2012 and will likely exceed visibility improvements anticipated by
2018. Table 2 below summarizes the actual SO2 and
NOX emission from contributing sources in Indiana between
2005 and 2014.
Table 2--Actual (Reported) SO2 and NOX Emissions From Contributing
Sources in Indiana
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SO2 NOX
Year (tons) (tons)
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2005.............................................. 956,031 283,059
2006.............................................. 920,251 260,810
2007.............................................. 797,900 276,402
2008.............................................. 669,936 273,903
2009.............................................. 480,884 174,828
2010.............................................. 480,628 187,988
2011.............................................. 425,786 180,674
2012.............................................. 343,124 171,136
2013.............................................. 340,786 165,778
2014.............................................. 346,429 164,520
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EPA concurs and proposes to conclude that Indiana has adequately
addressed the applicable provisions of 40 CFR 51.308.
5. Assessment of Any Significant Changes in Anthropogenic Emissions
In its progress report, Indiana indicated that no significant
changes in anthropogenic emissions have impeded progress in reducing
emissions and improving visibility in Class I areas impacted by Indiana
sources. As mentioned above, Indiana acknowledges in its progress
report that there was an increase in total NOX emissions
from contributing sources in Indiana in 2010 and 2011. To address this
potential concern, Indiana points out that NOX emissions
began to decrease once again in 2012, and continued to decrease every
subsequent year through 2014. Indiana also states that the decrease in
SO2 and NOX emissions between from 2005 and 2009
was so significant that the slight increase of NOX in 2010
and 2011 had no actual impact in the overall progress made from 2005 to
2014. For these reasons, Indiana does not consider the increase of
NOX emission in 2010 and 2011 a problem that has or will
impede future visibility progress in
[[Page 57697]]
states with Class I areas potentially impacted by Indiana sources.
EPA concurs and proposes to conclude that Indiana has adequately
addressed the applicable provisions of 40 CFR 51.308.
6. Assessment of Whether the Implementation Plan Elements and
Strategies Are Sufficient To Enable Other States To Meet RPGs
In its progress report, Indiana states that it has implemented, or
expects to implement by 2018, all controls from its regional haze plan.
The state noted in the progress report that its emissions are on track
for the 2018 goals, including reductions that are ahead of pace for the
key pollutants, SO2 and NOX. Indiana assessed
each of the areas identified in the MRPO report as being impacted by
Indiana sources using information provided by the MRPO, technical
documents from the other RPOs, and letters received from other states
indicating their decisions regarding reasonable progress goals.
Indiana's long term strategy relied on the emission reductions from
CAIR, a program that has now been replaced by CSAPR. At the present
time, the requirements of CSAPR apply to sources in Indiana under the
terms of a FIP. The Regional Haze Rule requires an assessment of
whether the current ``implementation plan'' is sufficient to enable the
states to meet all established reasonable progress goals. 40 CFR
51.308(g). The term ``implementation plan'' is defined for purposes of
the Regional Haze Rule to mean ``any [SIP], [FIP], or Tribal
Implementation Plan.'' 40 CFR 51.301. EPA is considering measures in
any applicable FIP, as well as those in a state's regional haze SIP, in
assessing the adequacy of the ``existing implementation plan'' under 40
CFR 51.308(g)(6) and (h).
EPA applies this requirement as an assessment of emissions and
visibility trends and other readily available information. Indiana
determined that its regional haze SIP is sufficient to enable other
States to meet the RPGs for the Class I areas impacted by the State's
emissions. EPA proposes to conclude that Indiana has adequately
addressed the applicable provisions of 40 CFR 51.308.
7. Review of the State's Visibility Monitoring Strategy
Indiana's progress report states there are no Class I areas within
its borders and thus finds that the State is not required to have a
visibility monitoring strategy in place. EPA concurs, and proposes to
conclude that Indiana has adequately addressed the requirements for a
monitoring strategy for regional haze and propose to determine no
further modifications to the monitoring strategy are required.
B. Determination of Adequacy of Existing Regional Haze Plan
In its progress report, Indiana submitted a negative declaration to
EPA regarding the need for additional actions or emission reductions in
Indiana beyond those already in place and those to be implemented by
2018 according to Indiana's regional haze plan.
Indiana determined that its regional haze plan is adequate to meet
the Regional Haze Rule requirements and expects Class I areas affected
by Indiana to achieve the reasonable progress goals. EPA finds that the
state is on track to meet the visibility improvement and emission
reduction goals.
Because monitored visibility values and emission trends indicate
that Class I areas impacted by Indiana's sources are meeting or
exceeding the RPGs for 2018, and are expected to continue to meet or
exceed the RPGs for 2018, EPA proposes to conclude that Indiana has
adequately addressed the provisions under 40 CFR 51.308(h).
C. Public Participation
On January 14, 2016, Indiana provided an opportunity for Federal
Land Managers (FLMs) to review the revision to Indiana's SIP reporting
on progress made during the first implementation period toward RPGs for
Class I areas outside the state that are affected by emissions from
Indiana's sources. Comments were received from the U.S. Forest Service
and National Park Service. Indiana's progress report, in Appendix D,
includes the FLM comments and the State's responses to the comments.
On February 19, 2016, Indiana published notification for a request
for public hearing and solicitation for full public comment on the
draft progress report in widely distributed publications. A public
hearing was not requested, and no comments were received.
EPA proposes to find that Indiana has addressed the applicable
requirements in 51.308(i) regarding FLM consultation.
III. What action is EPA taking?
EPA is proposing to approve Indiana's Regional Haze five-year
progress report, submitted March 30, 2016, as meeting the applicable
regional haze requirements as set forth in 40 CFR 51.308(g) and
51.308(h).
IV. 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
[[Page 57698]]
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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Dated: November 17, 2017.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
[FR Doc. 2017-26304 Filed 12-6-17; 8:45 am]
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