[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]



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.


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 
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.

    \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).

    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)
                                                    NOX  (tons)     NOX budget      SO2  (tons)     SO2 budget
                      Year                                            (tons)                          (tons)
2005............................................         210,646  ..............         870,812  ..............
2009............................................         113,601  ..............         413,726  ..............
2013............................................         103,048         109,726         268,217         285,424

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 
    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
                                                       SO2        NOX
                       Year                           (tons)     (tons)
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

    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 

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]