Air Plan Approval; Indiana; Redesignation of the Indiana Portion of the Cincinnati-Hamilton, OH-IN-KY Area to Attainment of the 1997 Annual Standard for Fine Particulate Matter, 28435-28447 [2017-13065]
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[EPA–R05–OAR–2016–0513; FRL–9963–73–
Region 5]
Air Plan Approval; Indiana;
Redesignation of the Indiana Portion of
the Cincinnati-Hamilton, OH-IN-KY
Area to Attainment of the 1997 Annual
Standard for Fine Particulate Matter
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to
redesignate the Indiana portion of the
Cincinnati-Hamilton, OH-IN-KY,
SUMMARY:
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nonattainment area (hereafter, ‘‘the
Cincinnati-Hamilton area’’) to
attainment for the 1997 fine particulate
matter (PM2.5) annual national ambient
air quality standard (NAAQS or
standard). The Indiana portion of the
Cincinnati-Hamilton area includes
Lawrenceburg Township within
Dearborn County. EPA is taking this
action because it has determined that
the Cincinnati-Hamilton area is
attaining the annual PM2.5 standard.
EPA is also proposing several additional
related actions. First, EPA is proposing
to approve the state’s plan for
maintaining the 1997 annual PM2.5
NAAQS through 2027. In addition, EPA
is proposing to approve Indiana’s
updated emission inventory, which
includes emission inventories for
volatile organic compounds (VOCs) and
ammonia. Indiana’s maintenance plan
submission also includes a budget for
the mobile source contribution of PM2.5
and nitrogen oxides (NOX) to the
Cincinnati-Hamilton PM2.5 area for
transportation conformity purposes,
which EPA is proposing to approve and
update. EPA is proposing to take these
actions in accordance with the Clean
Air Act (CAA) and EPA’s State
implementation plan (SIP) rules
regarding the 1997 PM2.5 NAAQS.
DATES: Comments must be received on
or before July 24, 2017.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2016–0513 at https://
www.regulations.gov, or via email to
aburano.douglas@epa.gov. 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
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28435
making effective comments, please visit
https://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,
becker.michelle@epa.gov.
SUPPLEMENTARY INFORMATION: This
supplementary information section is
arranged as follows:
I. What is the background for these actions?
II. What are the criteria for redesignation to
attainment?
III. What is EPA’s analysis of the state’s
request?
1. Attainment
2. The Area Has Met All Applicable
Requirements Under Section 110 and
Part D and Has a Fully Approved SIP
Under Section 110(k) (Section
107(d)(3)(E)(ii) and (v))
3. The Improvement in Air Quality Is Due
to Permanent and Enforceable
Reductions in Emissions Resulting From
Implementation of the SIPs and
Applicable Federal Air Pollution Control
Regulations and Other Permanent and
Enforceable Reductions (Section
107(d)(3)(E)(iii))
4. Indiana Has a Fully Approved
Maintenance Plan Pursuant to Section
175A of the CAA (Section
107(d)(3)(E)(iv))
5. Motor Vehicle Emissions Budget
(MVEBs) for the Mobile Source
Contribution to PM2.5 and NOX
6. 2005 Comprehensive Emissions
Inventory
V. EPA’s Proposed Actions
VI. Statutory and Executive Order Reviews
I. What is the background for these
actions?
The first air quality standards for
PM2.5 were promulgated on July 18,
1997, at 62 FR 38652. Fine particulate
pollution can be emitted directly from a
source (primary PM2.5) or formed
secondarily through chemical reactions
in the atmosphere involving precursor
pollutants emitted from a variety of
sources (secondary PM2.5). EPA
promulgated an annual standard at a
level of 15 micrograms per cubic meter
(mg/m3) of ambient air, based on a threeyear average of the annual mean PM2.5
concentrations at each monitoring site.
See 40 CFR 50.13.
On January 5, 2005, at 70 FR 944, EPA
published air quality area designations
for the 1997 annual PM2.5 standard
based on air quality data for calendar
years 2001–2003. In that rulemaking,
EPA designated the CincinnatiHamilton area, which includes
Lawrenceburg Township, Dearborn
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County, Indiana, as nonattainment for
the 1997 annual PM2.5 standard.
On December 23, 2011, EPA approved
the redesignation of the Ohio and
Indiana portions of the CincinnatiHamilton area to attainment of the
annual PM2.5 standard (76 FR 80253).
On July 14, 2015, the United States
Court of Appeals for the Sixth Circuit
(Sixth Circuit) issued an opinion in
Sierra Club v. EPA, 793 F.3d 656 (6th
Cir. 2015), vacating EPA’s redesignation
of the Indiana and Ohio portions of the
Cincinnati-Hamilton area to attainment
for the 1997 PM2.5 NAAQS. The basis
for the Court’s decision is that EPA had
not approved reasonably available
control measures (RACM) or reasonably
available control technology (RACT) for
the area into the SIP, as required by part
D, subpart 1, of the CAA.1
Additionally, in this proposed
redesignation, EPA takes into account
two decisions of the United States Court
of Appeals for the District of Columbia
Circuit. On August 21, 2012, in EME
Homer City Generation, L.P. v. EPA, 696
F.3d 7 (D.C. Cir. 2012), the D.C. Circuit
vacated and remanded the Cross State
Air Pollution Rule (CSAPR) and ordered
EPA to continue administering the
Clean Air Interstate Rule (CAIR)
‘‘pending . . . development of a valid
replacement.’’ EME Homer City at 38.
The D.C. Circuit denied all petitions for
rehearing in the case on January 24,
2013.
In the second decision, on January 4,
2013, the D.C. Circuit issued its decision
with regard to the challenge by the
Natural Resources Defense Council
(NRDC) to the EPA’s 2007 PM2.5
Implementation Rule. In NRDC v. EPA,
the court held that EPA erred in
implementing the 1997 PM2.5 NAAQS
pursuant only to the general
implementation requirements of part D
of the CAA, subpart 1, rather than also
to the implementation requirements
specific to particulate matter (PM10) in
subpart 4, part D of title I of the CAA
(‘‘subpart 4’’). The court reasoned that
the plain meaning of the CAA requires
implementation of the 1997 PM2.5
NAAQS under subpart 4 because PM2.5
particles fall within the statutory
definition of PM10 and thus
implementation of the PM2.5 NAAQS is
subject to the same statutory
requirements as the PM10 NAAQS. The
court remanded the rule and instructed
the EPA ‘‘to repromulgate these rules
pursuant to Subpart 4 consistent with
this opinion.’’ NRDC v. EPA, 706 F.3d
428 (D.C. Cir. 2013).
II. What are the criteria for
redesignation to attainment?
The CAA sets forth the requirements
for redesignating a nonattainment area
to attainment. Specifically, section
107(d)(3)(E) of the CAA allows for
redesignation provided that: (1) The
Administrator determines that the area
has attained the applicable NAAQS
based on current air quality data; (2) the
Administrator has fully approved an
applicable SIP for the area under section
110(k) of the CAA; (3) the Administrator
determines that the improvement in air
quality is due to permanent and
enforceable emission reductions
resulting from implementation of the
applicable SIP, Federal air pollution
control regulations, or other permanent
and enforceable emission reductions; (4)
the Administrator has fully approved a
maintenance plan for the area meeting
the requirements of section 175A of the
CAA; and (5) the state containing the
area has met all requirements applicable
to the area for purposes of redesignation
under section 110 and part D of the
CAA.
III. What is EPA’s analysis of the state’s
request?
EPA is proposing to redesignate the
Cincinnati-Hamilton area to attainment
of the 1997 annual PM2.5 NAAQS, and
is proposing to approve updates to
Indiana’s maintenance plan and
emissions inventory for the area. The
rationale for these proposed actions
follow.
1. Attainment
In accordance with section 179(c) of
the CAA, 42 U.S.C. 7509(c) and 40 CFR
51.1004(c), EPA is proposing to
determine that the Cincinnati-Hamilton
area has attained the 1997 annual PM2.5
NAAQS. This proposed determination
is based upon complete, qualityassured, and certified ambient air
monitoring data for the 2013–2015
monitoring period that shows this area
has monitored attainment of the 1997
PM2.5 NAAQS.
Under EPA’s regulations at 40 CFR
50.7, the annual primary and secondary
PM2.5 standards are met when the
annual arithmetic mean concentration,
as determined in accordance with 40
CFR part 50, appendix N, is less than or
equal to 15.0 mg/m3 at all relevant
monitoring sites in the area.
EPA has reviewed the ambient air
quality monitoring data in the
Cincinnati-Hamilton area, consistent
with the provisions of 40 CFR part 50,
appendix T. EPA’s review focused on
data recorded in the EPA Air Quality
System (AQS) database for the
Cincinnati-Hamilton area for PM2.5
nonattainment area from 2013–2015.
The Cincinnati-Hamilton area has
nine monitors located in Butler (OH),
Hamilton (OH), and Campbell (KY)
Counties that reported design values
from 2013–2015 for PM2.5 that ranged
from 9.5 to 11.2 mg/m3 for the 1997
annual standard. The data are
summarized shown in Table 1 below.
All monitors in the CincinnatiHamilton area recorded complete data
in accordance with criteria set forth by
EPA in 40 CFR part 50 appendix N,
where a complete year of air quality
data comprises four calendar quarters,
with each quarter containing data from
at least 75% capture of the scheduled
sampling days. Data available are
considered to be sufficient for
comparison to the NAAQS if three
consecutive complete years of data
exist. State certified data for 2013–2015
show the area continues to attain the
standard.
TABLE 1—ANNUAL PM2.5 DESIGN VALUES FOR THE CINCINNATI-HAMILTON AREA FOR 2013–2015
Annual design values
(μg/m3)
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Site
County
Year
2013
39–017–0003 .........................................................................
39–017–0016 .........................................................................
1 The Court issued its initial decision in the case
on March 18, 2015, and subsequently issued an
amended opinion on July 14 after appeals for
rehearing en banc and panel rehearing had been
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Butler, OH ....
2014
11.1
10.7
filed. The amended opinion revised some of the
legal aspects of the Court’s analysis of the relevant
statutory provisions (section 107(d)(3)(E)(ii) and
section 172(c)(1)), but the overall holding of the
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Average
2015
11.3
10.7
2013–2015
10.3
9.5
10.9
10.3
opinion was unaltered. On March 28, 2016, the
Supreme Court denied a petition for certiorari from
Ohio requesting review of the Sixth Circuit’s
decision.
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TABLE 1—ANNUAL PM2.5 DESIGN VALUES FOR THE CINCINNATI-HAMILTON AREA FOR 2013–2015—Continued
Annual design values
(μg/m3)
Site
County
Year
2013
39–017–0019
39–061–0006
39–061–0014
39–061–0040
39–061–0042
39–061–0010
21–037–3002
.........................................................................
.........................................................................
.........................................................................
.........................................................................
.........................................................................
.........................................................................
.........................................................................
Hamilton, OH
Campbell, KY
Average
2014
11
10.1
11.6
10.6
11.5
10.5
9.6
2015
11.2
10.3
11.3
10.4
11.2
10.4
9.7
2013–2015
10.2
9.3
10.7
9.2
10.1
9.2
*9.4
10.8
9.9
11.2
10.1
11
10
9.5
* Less than 75% capture in one quarter at the primary monitor, but substitution using a secondary monitor was completed resulting in an AQS
‘valid’ design value. See 40 CFR part 50, appendix N.
EPA has found that the CincinnatiHamilton area has attained the 1997
annual PM2.5 NAAQS by the attainment
date.
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2. The Area Has Met All Applicable
Requirements Under Section 110 and
Part D and Has a Fully Approved SIP
Under Section 110(k) (Section
107(d)(3)(E)(ii) and (v))
EPA has determined that Indiana has
met all currently applicable SIP
requirements for purposes of
redesignation for the CincinnatiHamilton area under section 110 of the
CAA (general SIP requirements). EPA is
also proposing to find that the Indiana
submittal meets all SIP requirements
currently applicable for purposes of
redesignation under part D of title I of
the CAA, in accordance with section
107(d)(3)(E)(v). In addition, we are
proposing to find that all applicable
requirements of the Indiana SIP for
purposes of redesignation have been
approved, in accordance with section
107(d)(3)(E)(ii). As discussed below,
EPA previously approved Indiana’s
2005 emissions inventory as meeting the
section 172(c)(3) comprehensive
emissions inventory requirement.
In making these proposed
determinations, we have ascertained
which SIP requirements are applicable
for purposes of redesignation, and
concluded that the Indiana SIP includes
measures meeting those requirements
and that they are fully approved under
section 110(k) of the CAA.
a. Indiana Has Met All Applicable
Requirements for Purposes of
Redesignation of the CincinnatiHamilton Area Under Section 110 and
Part D of the CAA
i. Section 110 General SIP Requirements
Section 110(a) of title I of the CAA
contains the general requirements for a
SIP. Section 110(a)(2) provides that the
implementation plan submitted by a
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state must have been adopted by the
state after reasonable public notice and
hearing, and, among other things, must:
Include enforceable emission
limitations and other control measures,
means or techniques necessary to meet
the requirements of the CAA; provide
for establishment and operation of
appropriate devices, methods, systems,
and procedures necessary to monitor
ambient air quality; provide for
implementation of a source permit
program to regulate the modification
and construction of any stationary
source within the areas covered by the
plan; include provisions for the
implementation of part C, Prevention of
Significant Deterioration (PSD) and part
D, New Source Review (NSR) permit
programs; include criteria for stationary
source emission control measures,
monitoring, and reporting; include
provisions for air quality modeling; and
provide for public and local agency
participation in planning and emission
control rule development.
Section 110(a)(2)(D) of the CAA
requires that SIPs contain measures to
prevent sources in a state from
significantly contributing to air quality
problems in another state. EPA believes
that the requirements linked with a
particular nonattainment area’s
designation are the relevant measures to
evaluate in reviewing a redesignation
request. The transport SIP submittal
requirements, where applicable,
continue to apply to a state regardless of
the designation of any one particular
area in the state. Thus, we believe that
these requirements should not be
construed to be applicable requirements
for purposes of redesignation.
Further, we believe that the other
section 110 elements described above
that are not connected with
nonattainment plan submissions and
not linked with an area’s attainment
status are also not applicable
requirements for purposes of
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redesignation. A state remains subject to
these requirements after an area is
redesignated to attainment. We
conclude that only the section 110 and
part D requirements that are linked with
a particular area’s designation are the
relevant measures which we may
consider in evaluating a redesignation
request. See Reading, Pennsylvania,
proposed and final rulemakings (61 FR
53174–53176, October 10, 1996) and (62
FR 24826, May 7, 1997); ClevelandAkron-Lorain, Ohio, final rulemaking
(61 FR 20458, May 7, 1996); and Tampa,
Florida, final rulemaking (60 FR 62748,
December 7, 1995). See also the
discussion on this issue in the
Cincinnati, Ohio 1-hour ozone
redesignation (65 FR 37890, June 19,
2000), and in the Pittsburgh,
Pennsylvania 1-hour ozone
redesignation (66 FR 50399, October 19,
2001).
We previously reviewed the Indiana
SIP and have concluded that it meets
the general SIP requirements under
section 110 of the CAA to the extent
they are applicable for purposes of
redesignation. EPA has previously
approved provisions of Indiana’s SIP
addressing section 110 requirements
(including provisions addressing
particulate matter), at 40 CFR 52.776.
On December 5, 2007, September 9,
2008, March 23, 2011, and April 7, 2011
Indiana made submittals addressing
‘‘infrastructure SIP’’ elements required
under CAA section 110(a)(2). EPA
approved elements of Indiana’s
submittals on July 13, 2011, at 76 FR
41075.
The requirements of section 110(a)(2),
however, are statewide requirements
that are not linked to the PM2.5
nonattainment status of the CincinnatiHamilton area. Therefore, EPA believes
that these SIP elements are not
applicable requirements for purposes of
review of the state’s PM2.5 redesignation
request.
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ii. Part D Requirements
EPA has determined that, upon
approval of the base year emissions
inventories discussed in section III.6 of
this rulemaking, the Indiana SIP will
meet the SIP requirements for the
Cincinnati-Hamilton area applicable for
purposes of redesignation under part D
of the CAA. Subpart 1 of part D, found
in sections 172–176 of the CAA, sets
forth the basic nonattainment
requirements applicable to all
nonattainment areas. Subpart 4 of part
D, found in section 189 of the CAA, sets
forth nonattainment requirements
applicable for particulate matter
nonattainment areas.
Subpart 1
(a) Section 172 Requirements
For purposes of evaluating this
redesignation request, the applicable
section 172 SIP requirements for the
Cincinnati-Hamilton area are contained
in sections 172(c)(1)–(9). A thorough
discussion of the requirements
contained in section 172 can be found
in the General Preamble for
Implementation of Title I (57 FR 13498,
April 16, 1992).
Under section 172, states with
nonattainment areas must submit plans
providing for timely attainment and
meeting a variety of other requirements.
However, pursuant to 40 CFR
51.1004(c), EPA’s determination that the
area has attained the 1997 annual PM2.5
standard suspends the requirement to
submit certain planning SIPs related to
attainment, including: Attainment
demonstration requirements, the RFP
and attainment demonstration
requirements of sections 172(c)(2) and
(6) and 182(b)(1) of the CAA, and the
requirement for contingency measures
of section 172(c)(9) of the CAA.
As a result, the only remaining
requirements under section 172 to be
considered are the emissions inventory
requirement under section 172(c)(3),
and the RACM/RACT requirement of
section 172(c)(1) per the Sixth Circuit
decision.
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(i) Section 172(c)(1)
Section 172(c)(1) requires the plans
for all nonattainment areas to provide
for the implementation of all RACM as
expeditiously as practicable and to
provide for attainment of the primary
NAAQS. EPA has long interpreted that
subpart 1 nonattainment planning
requirements, including RACM, are not
‘‘applicable for purposes of section
107(d)(3)(E)(ii) and (v) when an area is
attaining the NAAQS, and, therefore,
need not be approved into the SIP
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before EPA can redesignate the area. See
76 FR 80258.’’
EPA previously redesignated the
Cincinnati-Hamilton area to attainment
for the 1997 annual PM2.5 standard,
predicated in part on a finding that the
RACM/RACT requirement (interpreted
as reflecting those reasonable measures
needed to attain the standard) was not
an applicable requirement for purposes
of redesignation for areas already
meeting the standard.
As previously discussed, on July 14,
2015, the United States Court of
Appeals for the Sixth Circuit issued an
opinion in Sierra Club v. EPA, vacating
EPA’s redesignation of the Indiana and
Ohio portions of the CincinnatiHamilton area to attainment for the 1997
PM2.5 NAAQS on the basis that EPA had
not approved subpart 1 RACM for the
area into the SIP. The Sixth Circuit
vacated the redesignation of the Ohio
and Indiana portion of the area based on
its view that RACM/RACT must be
considered an applicable requirement
for designation purposes. Consistent
with that ruling, this requirement was
satisfied with EPA approval of Indiana’s
RACM/RACT analysis on August 25,
2016 (81 FR 58402).
(ii) Other Section 172 Requirements
No SIP provisions applicable for
redesignation of the CincinnatiHamilton area are currently
disapproved, conditionally approved, or
partially approved. Indiana currently
has a fully approved SIP for all
requirements, as applicable for purposes
of redesignation under the Sixth
Circuit’s Sierra Club decision.
The reasonable further progress (RFP)
requirement under section 172(c)(2) is
defined as progress that must be made
toward attainment. This requirement is
not relevant for purposes of the
Cincinnati-Hamilton redesignation
because the area has monitored
attainment of the 1997 annual PM2.5
NAAQS. (General Preamble, 57 FR
13564). See also 40 CFR 51.918. The
requirement to submit the section
172(c)(9) contingency measures is
similarly not applicable for purposes of
redesignation. Id.
Section 172(c)(3) requires submission
and approval of a comprehensive,
accurate and current inventory of actual
emissions. Indiana submitted a 2005
base year emissions inventory in the
required attainment plan, and also
updated the emissions inventory with
VOCs and ammonia emissions from
2007. EPA previously approved the
2005 base year emissions inventory on
October 19, 2011 (76 FR 64825), and is
proposing to approve the emissions
inventory for VOCs and ammonia.
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Section 172(c)(4) requires the
identification and quantification of
allowable emissions for major new and
modified stationary sources in an area,
and section 172(c)(5) requires source
permits for the construction and
operation of new and modified major
stationary sources anywhere in the
nonattainment area. EPA approved
Indiana’s current NSR program on
October 7, 1994 (59 FR 51108), but has
not approved updates since that time.
Nonetheless, since PSD requirements
will apply after redesignation, the area
need not have a fully-approved NSR
program for purposes of redesignation,
provided that the area demonstrates
maintenance of the NAAQS without
part D NSR. A detailed rationale for this
view is described in a memorandum
from Mary Nichols, Assistant
Administrator for Air and Radiation,
dated October 14, 1994, entitled, ‘‘Part
D New Source Review Requirements for
Areas Requesting Redesignation to
Attainment.’’ Indiana has demonstrated
that the Cincinnati-Hamilton area will
be able to maintain the standard without
part D NSR in effect; therefore, the state
need not have a fully approved part D
NSR program prior to approval of the
redesignation request. The state’s PSD
program will become effective in the
Cincinnati-Hamilton area upon
redesignation to attainment. See
rulemakings for Detroit, Michigan (60
FR 12467–12468, March 7, 1995);
Cleveland-Akron-Lorain, Ohio (61 FR
20458, 20469–20470, May 7, 1996);
Louisville, Kentucky (66 FR 53665,
October 23, 2001); and Grand Rapids,
Michigan (61 FR 31834–31837, June 21,
1996).
Section 172(c)(6) requires the SIP to
contain control measures necessary to
provide for attainment of the standard.
Because attainment has been reached,
no additional measures are needed to
provide for attainment.
Section 172(c)(7) requires the SIP to
meet the applicable provisions of
section 110(a)(2). As noted above, we
have found that Indiana’s SIP meets the
applicable requirements of section
110(a)(2) for purposes of redesignation.
(b) Section 176 Conformity
Requirements
Section 176(c) of the CAA requires
states to establish criteria and
procedures to ensure that Federallysupported or funded activities,
including highway projects, conform to
the air quality planning goals in the
applicable SIPs. The requirement to
determine conformity applies to
transportation plans, programs and
projects developed, funded or approved
under Title 23 of the U.S. Code and the
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Federal Transit Act (transportation
conformity) as well as to all other
Federally-supported or funded projects
(general conformity). State
transportation conformity regulations
must be consistent with Federal
conformity regulations relating to
consultation, enforcement, and
enforceability, which EPA promulgated
pursuant to CAA requirements.
EPA approved Indiana’s
transportation conformity SIPs on
March 2, 2015 (80 FR 11134). In April
2010, EPA promulgated changes to 40
CFR 51.851, eliminating the
requirement for states to maintain a
general conformity SIP. EPA confirms
that Indiana has met the applicable
conformity requirements under section
176.
Subpart 4
On January 4, 2013, in NRDC v. EPA,
the D.C. Circuit remanded to EPA the
‘‘Final Clean Air Fine Particle
Implementation Rule’’ (72 FR 20586,
April 25, 2007) and the
‘‘Implementation of the New Source
Review (NSR) Program for Particulate
Matter Less than 2.5 Micrometers
(PM2.5)’’ final rule (73 FR 28321, May
16, 2008) (collectively, ‘‘1997 PM2.5
Implementation Rule’’). 706 F.3d 428
(D.C. Cir. 2013). The Court found that
EPA erred in implementing the 1997
PM2.5 NAAQS pursuant to the general
implementation provisions of subpart 1
of part D of title I of the CAA, rather
than the particulate-matter-specific
provisions of subpart 4 of part D of title
I.
EPA has longstanding general
guidance that interprets the 1990
amendments to the CAA, making
recommendations to states for meeting
the statutory requirements for SIPs for
nonattainment areas. See, ‘‘State
Implementation Plans; General
Preamble for the Implementation of
Title I of the Clear Air Act Amendments
of 1990,’’ 57 FR 13498 (April 16, 1992)
(the ‘‘General Preamble’’). In the General
Preamble, EPA discussed the
relationship of subpart 1 and subpart 4
SIP requirements, and pointed out that
subpart 1 requirements were, to an
extent, ‘‘subsumed by, or integrally
related to, the more specific PM–10
requirements.’’ 57 FR 13538 (April 16,
1992). The subpart 1 requirements
include, among other things, provisions
for attainment demonstrations, RACM,
RFP, emissions inventories, and
contingency measures.
For the purposes of this redesignation,
in order to identify any additional
requirements which would apply under
subpart 4, we are considering the
Cincinnati-Hamilton area to be a
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‘‘moderate’’ PM2.5 nonattainment area.
Under section 188 of the CAA, all areas
designated nonattainment areas under
subpart 4 would initially be classified
by operation of law as ‘‘moderate’’
nonattainment areas, and would remain
moderate nonattainment areas unless
and until EPA reclassifies the area as a
‘‘serious’’ nonattainment area.
Accordingly, EPA believes that it is
appropriate to limit the evaluation of
the potential impact of subpart 4
requirements to those that would be
applicable to moderate nonattainment
areas.
Section 189(a) and (c) of subpart 4
applies to moderate nonattainment areas
and includes the following: (1) An
approved permit program for
construction of new and modified major
stationary sources (section 189(a)(1)(A));
(2) an attainment demonstration (section
189(a)(1)(B)); (3) provisions for RACM
(section 189(a)(1)(C)); and (4)
quantitative milestones demonstrating
RFP toward attainment by the
applicable attainment date (section
189(c)).
The permit requirements of subpart 4,
as contained in section 189(a)(1)(A),
refer to and apply the subpart 1 permit
provisions requirements of sections 172
and 173 to PM10, without adding to
them. Consequently, EPA believes that
section 189(a)(1)(A) does not itself
impose for redesignation purposes any
additional requirements for moderate
areas beyond those contained in subpart
1.2 In any event, in the context of
redesignation, EPA has long relied on
the interpretation that a fully approved
nonattainment new source review
program is not considered an applicable
requirement for redesignation, provided
the area can maintain the standard with
a PSD program after redesignation. A
detailed rationale for this view is
described in a memorandum from Mary
Nichols, Assistant Administrator for Air
and Radiation, dated October 14, 1994,
entitled, ‘‘Part D New Source Review
Requirements for Areas Requesting
Redesignation to Attainment.’’ See also
rulemakings for Detroit, Michigan (60
FR 12467–12468, March 7, 1995);
Cleveland-Akron-Lorain, Ohio (61 FR
20458, 20469–20470, May 7, 1996);
Louisville, Kentucky (66 FR 53665,
October 23, 2001); and Grand Rapids,
Michigan (61 FR 31834–31837, June 21,
1996).
With respect to the specific
attainment planning requirements under
2 The potential effect of section 189(e) on section
189(a)(1)(A) for purposes of evaluating this
redesignation is discussed below.
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28439
subpart 4,3 when EPA evaluates a
redesignation request under subpart 1
and/or 4, any area that is attaining the
PM2.5 standard is viewed as having
satisfied the attainment planning
requirements for these subparts. For
redesignations, EPA has for many years
interpreted attainment-linked
requirements as not applicable for areas
attaining the standard. In the General
Preamble, EPA stated that:
The requirements for RFP will not apply in
evaluating a request for redesignation to
attainment since, at a minimum, the air
quality data for the area must show that the
area has already attained. Showing that the
State will make RFP towards attainment will,
therefore, have no meaning at that point.
‘‘General Preamble for the
Interpretation of Title I of the CAA
Amendments of 1990’’; (57 FR 13498,
13564, April 16, 1992).
The General Preamble also explained
that
[t]he section 172(c)(9) requirements are
directed at ensuring RFP and attainment by
the applicable date. These requirements no
longer apply when an area has attained the
standard and is eligible for redesignation.
Furthermore, section 175A for maintenance
plans . . . provides specific requirements for
contingency measures that effectively
supersede the requirements of section
172(c)(9) for these areas.
Id.
EPA similarly stated in its September
4, 1992, memorandum entitled
‘‘Procedures for Processing Requests to
Redesignate Areas to Attainment’’
(Calcagni memorandum) that, ‘‘[t]he
requirements for reasonable further
progress and other measures needed for
attainment will not apply for
redesignations because they only have
meaning for areas not attaining the
standard.’’
Elsewhere in this action, EPA
proposes to determine that the area has
attained the 1997 annual PM2.5
standard. Under its longstanding
interpretation, EPA is proposing to
determine here that the area meets the
attainment-related planning
requirements of subparts 1 and 4.
Thus, as explained more fully below,
EPA is proposing to conclude that the
requirements to submit an attainment
demonstration under 189(a)(1)(B), a
RACM determination under sections
172(c)(1) and 189(a)(1)(c), a RFP
demonstration under section 189(c)(1),
and contingency measure requirements
under section 172(c)(9) are satisfied for
purposes of evaluating the redesignation
request.
3 I.e., attainment demonstration, RFP, RACM,
milestone requirements, contingency measures.
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CAA section 189(e) specifically
provides that control requirements for
major stationary sources of direct PM10
shall also apply to PM10 precursors from
those sources, except where EPA
determines that major stationary sources
of such precursors ‘‘do not contribute
significantly to PM10 levels which
exceed the standard in the area.’’
For a number of reasons, EPA believes
that this proposed redesignation of the
Cincinnati-Hamilton area is consistent
with the Court’s decision on this aspect
of subpart 4. First, while the Court,
citing section 189(e), stated that ‘‘for a
PM10 area governed by subpart 4, a
precursor is ‘presumptively regulated,’ ’’
the Court expressly declined to decide
the specific challenge to EPA’s 1997
PM2.5 implementation rule provisions
regarding ammonia and VOCs as
precursors. The Court had no occasion
to reach whether and how it was
substantively necessary to regulate any
specific precursor in a particular PM2.5
nonattainment area, and did not address
what might be necessary for purposes of
acting upon a redesignation request.
The Cincinnati-Hamilton area has
attained the standard without any
specific additional controls of VOCs and
ammonia emissions from any sources in
the area.
Precursors in subpart 4 are
specifically regulated under the
provisions of section 189(e), which
requires, with important exceptions,
control requirements for major
stationary sources of PM10 precursors.4
As explained below, we do not believe
that any additional controls of ammonia
and VOCs are required in the context of
this redesignation.
In the General Preamble, EPA
discusses its approach to implementing
section 189(e). See 57 FR 13538–13542.
With regard to precursor regulation
under section 189(e), the General
Preamble explicitly stated that control
of VOCs under other CAA requirements
may suffice to relieve a state from the
need to adopt precursor controls under
section 189(e) (57 FR 13542). EPA
proposes to determine that Indiana has
met the provisions of section 189(e)
with respect to ammonia and VOCs as
precursors. This proposed supplemental
determination is based on our findings
that: (1) The Cincinnati-Hamilton area
contains no major stationary sources of
ammonia, and (2) existing major
stationary sources of VOCs are
4 Under either subpart 1 or subpart 4, for
purposes of demonstrating attainment as
expeditiously as practicable, a state is required to
evaluate all economically and technologically
feasible control measures for direct PM emissions
and precursor emissions, and adopt those measures
that are deemed reasonably available.
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adequately controlled under other
provisions of the CAA regulating the
ozone NAAQS.5 In the alternative, EPA
proposes to determine that, under the
express exception provisions of section
189(e), and in the context of the
redesignation of the area, which is
attaining the 1997 annual PM2.5
standard, at present ammonia and VOCs
precursors from major stationary
sources do not cause PM2.5 levels to
exceed the 1997 PM2.5 standard in the
Cincinnati-Hamilton area. See 57 FR
13539–42.
EPA notes that its 1997 PM2.5
implementation rule provisions in 40
CFR 51.1002 were not directed at
evaluation of PM2.5 precursors in the
context of redesignation, but at SIP
plans and control measures required to
bring a nonattainment area into
attainment of the 1997 annual PM2.5
NAAQS. By contrast, redesignation to
attainment primarily requires the area to
have already attained due to permanent
and enforceable emission reductions,
and to demonstrate that controls in
place can continue to maintain the
standard. Thus, even if we regard the
Court’s January 4, 2013, decision as
calling for ‘‘presumptive regulation’’ of
ammonia and VOCs for PM2.5 under the
attainment planning provisions of
subpart 4, those provisions do not
require additional controls of these
precursors for an area that already
qualifies for redesignation. Nor does
EPA believe that requiring Indiana to
address precursors differently than it
has already would result in a different
redesignation outcome.
Although, as EPA has emphasized, its
consideration here of precursor
requirements under subpart 4 is in the
context of a redesignation to attainment,
EPA’s existing interpretation of subpart
4 requirements with respect to
precursors in attainment plans for PM10
contemplates that states may develop
attainment plans that regulate only
those precursors that are necessary for
purposes of attainment in the area in
question, i.e., states may determine that
only certain precursors need be
regulated for attainment and control
purposes.6 Courts have upheld this
5 The Cincinnati-Hamilton area has reduced VOC
emissions through the implementation of various
SIP approved VOC control programs and various
on-road and non-road motor vehicle control
programs.
6 See, e.g., ‘‘Approval and Promulgation of
Implementation Plans for California—San Joaquin
Valley PM–10 Nonattainment Area; Serious Area
Plan for Nonattainment of the 24-Hour and Annual
PM–10 Standards,’’ 69 FR 30006 (May 26, 2004)
(approving a PM10 attainment plan that impose
controls on direct PM10 and NOX emissions and did
not impose controls on SO2, VOC, or ammonia
emissions).
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approach to the requirements of subpart
4 for PM10.7 EPA believes that
application of this approach to PM2.5
precursors under subpart 4 is
reasonable. Because the CincinnatiHamilton area has already attained the
1997 annual PM2.5 NAAQS with its
current approach to regulation of PM2.5
precursors, EPA believes that, in the
context of this redesignation, there is no
need to revisit the attainment control
strategy with respect to the treatment of
precursors. Even if the Court’s decision
is construed to impose an obligation to
consider additional precursors under
subpart 4 in evaluating this
redesignation request, it would not
affect EPA’s approval here of Indiana’s
request for redesignation of the
Cincinnati-Hamilton area. Moreover, the
state has shown, and EPA is proposing
to determine, that attainment in this
area is due to permanent and
enforceable emissions reductions on all
precursors necessary to provide for
continued attainment. It follows that no
further control of additional precursors
is necessary. Accordingly, EPA does not
view the January 4, 2013, Court decision
as precluding redesignation of the
Cincinnati-Hamilton area to attainment
for the 1997 PM2.5 NAAQS at this time.
EPA concludes that the area has met
all applicable requirements for purposes
of redesignation in accordance with
section 107(d)(3)(E)(ii) and (v).
b. Indiana Has a Fully Approved
Applicable SIP Under Section 110(k) of
the CAA
Upon final approval of Indiana’s
comprehensive VOCs and ammonia
emissions inventories, EPA will have
fully approved the Indiana SIP for the
Cincinnati-Hamilton area under section
110(k) of the CAA for all requirements
applicable for purposes of
redesignation. EPA may rely on prior
SIP approvals in approving a
redesignation request (See page 3 of the
Calcagni memorandum; Southwestern
Pennsylvania Growth Alliance v.
Browner, 144 F.3d 984, 989–990 (6th
Cir. 1998); Wall v. EPA, 265 F.3d 426
(6th Cir. 2001)) plus any additional
measures it may approve in conjunction
with a redesignation action. See 68 FR
25413, 25426 (May 12, 2003). Since the
passage of the CAA of 1970, Indiana has
adopted and submitted, and EPA has
fully approved, provisions addressing
various required SIP elements under
particulate matter standards. In this
action, EPA is approving Indiana’s
VOCs and ammonia comprehensive
emissions inventories for the
7 See, e.g., Assoc. of Irritated Residents v. EPA et
al., 423 F.3d 989 (9th Cir. 2005).
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Cincinnati-Hamilton area as meeting the
requirement of section 172(c)(3) of the
CAA.
3. The Improvement in Air Quality Is
Due to Permanent and Enforceable
Reductions in Emissions Resulting From
Implementation of the SIPs and
Applicable Federal Air Pollution
Control Regulations and Other
Permanent and Enforceable Reductions
(Section 107(d)(3)(E)(iii))
EPA believes that Indiana has
demonstrated that the observed air
quality improvement in the CincinnatiHamilton area is due to permanent and
enforceable reductions in emissions
resulting from implementation of the
SIPs, Federal measures, and other stateadopted measures.
In making this demonstration, Indiana
has calculated the change in emissions
between 2005, one of the years used to
designate the area as nonattainment,
and 2008, one of the years the
Cincinnati-Hamilton area monitored
attainment. The reduction in emissions
and the corresponding improvement in
air quality over this time period can be
attributed to a number of regulatory
control measures that the CincinnatiHamilton area and contributing areas
have implemented, as discussed below.
Additional permanent and enforceable
measures and shutdowns after 2008
have also been promulgated and are
included below.
sradovich on DSK3GMQ082PROD with PROPOSALS
a. Permanent and Enforceable Controls
Implemented
The following is a discussion of
permanent and enforceable measures
that have been implemented in the area:
i. Federal Emission Control Measures
Reductions in direct emissions of
PM2.5 and in emissions of PM2.5
precursors have occurred statewide and
in upwind areas as a result of Federal
emission control measures, with
additional emission reductions expected
to occur in the future. Federal emission
control measures include the following:
Tier 2 Emission Standards for
Vehicles and Gasoline Sulfur Standards.
EPA finalized this Federal rule in
February 2000. These emission control
requirements result in lower NOX and
SO2 emissions from new cars and light
duty trucks, including sport utility
vehicles. Emission standards
established under EPA’s rules became
effective between 2004 and 2009. EPA
has estimated that, emissions of NOX
from new vehicles have decreased by
the following percentages: Passenger
cars (light duty vehicles)—77 percent;
light duty trucks, minivans, and sports
utility vehicles—86 percent; and, larger
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sports utility vehicles, vans, and heavier
trucks—69 to 95 percent. EPA expects
fleet-wide average emissions to decline
by similar percentages as new vehicles
replace older vehicles. The Tier 2
standards also reduced the sulfur
content of gasoline by up to 90 percent.
VOCs emissions reductions will be
approximately 12 percent for passenger
cars; 18 percent for smaller SUVs, light
trucks, and minivans; and 15 percent for
larger SUVs, vans, and heavier trucks.
Heavy-Duty Diesel Engine Rule. EPA
issued this rule in July 2000. This rule,
which was phased in between 2004 and
2007, includes standards limiting the
sulfur content of diesel fuel. This rule
is estimated to reduce NOX emissions
from diesel trucks and buses by
approximately 40 percent. The level of
sulfur in highway diesel fuel is also
estimated to have dropped by 97
percent by mid-2006 due to this rule.
Non-road Diesel Rule. In May 2004,
EPA promulgated a new rule for large
non-road diesel engines, such as those
used in construction, agriculture, and
mining equipment, to be phased in
between 2008 and 2014. Prior to 2006,
non-road diesel fuel averaged
approximately 3,000 parts per million
(ppm) sulfur. This rule limited non-road
diesel sulfur content to 15 ppm by 2010.
It is estimated that compliance with this
rule has cut emissions from non-road
diesel engines by more than 90%. This
rule achieved some emission reductions
by 2008 and was fully implemented by
2010. The reduction in fuel sulfur
content also yielded an immediate
reduction in sulfate particle emissions
from all diesel vehicles.
ii. Control Measures in Contributing
Areas
Given the significance of sulfates and
nitrates in the Cincinnati-Hamilton area,
the area’s air quality is strongly affected
by regulated emissions from power
plants.
NOX SIP Call. On October 27, 1998
(63 FR 57356), EPA issued a NOX SIP
Call requiring the District of Columbia
and 22 states to reduce emissions of
NOX. Affected states were required to
comply with Phase I of the SIP Call
beginning in 2004, and Phase II
beginning in 2007. Emission reductions
resulting from regulations developed in
response to the NOX SIP Call are
permanent and enforceable.
CAIR and CSAPR. EPA proposed
CAIR on January 30, 2004, at 69 FR
4566, promulgated CAIR on May 12,
2005, at 70 FR 25162, and promulgated
associated Federal Implementation
Plans (FIPs) on April 28, 2006, at 71 FR
25328, in order to reduce SO2 and NOX
emissions and improve air quality in
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28441
many areas across the Eastern United
States. However, on July 11, 2008, the
United States Court of Appeals for the
District of Columbia Circuit (D.C.
Circuit or Court) issued its decision to
vacate and remand both CAIR and the
associated CAIR FIPs in their entirety
(North Carolina v. EPA, 531 F.3d 836
(D.C. Cir. 2008)). EPA petitioned for a
rehearing, and the Court issued an order
remanding CAIR and the CAIR FIPs to
EPA without vacatur (North Carolina v.
EPA, 550 F.3d 1176 (D.C. Cir. 2008)).
The Court, thereby, left CAIR in place in
order to ‘‘temporarily preserve the
environmental values covered by CAIR’’
until EPA replaced it with a rule
consistent with the Court’s opinion (id.
at 1178). The Court directed EPA to
‘‘remedy CAIR’s flaws’’ consistent with
the July 11, 2008, opinion, but declined
to impose a schedule on EPA for
completing this action (id).
On August 8, 2011 (76 FR 48208),
acting on the D.C. Circuit’s remand, EPA
promulgated CSAPR to replace CAIR
and, thus, to address the interstate
transport of emissions contributing to
nonattainment and interfering with
maintenance of the two air quality
standards covered by CAIR as well as
the 2006 PM2.5 NAAQS. CSAPR requires
substantial reductions of SO2 and NOX
emissions from electric generating units
(EGUs) in 28 states in the eastern United
States. As a general matter, because
CSAPR is CAIR’s replacement,
emissions reductions associated with
CAIR will for most areas be made
permanent and enforceable through
implementation of CSAPR.
Numerous parties filed petitions for
review of CSAPR in the D.C. Circuit,
and on August 21, 2012, the court
issued its ruling, vacating and
remanding CSAPR to EPA and ordering
continued implementation of CAIR.
EME Homer City Generation, L.P. v.
EPA, 696 F.3d 7, 38 (D.C. Cir. 2012). The
D.C. Circuit’s vacatur of CSAPR was
reversed by the United States Supreme
Court on April 29, 2014, and the case
was remanded to the D.C. Circuit to
resolve remaining issues in accordance
with the high court’s ruling. EPA v. EME
Homer City Generation, L.P., 134 S. Ct.
1584 (2014).
On remand, the D.C. Circuit affirmed
CSAPR in most respects, but invalidated
without vacating some of the CSAPR
budgets as to a number of states. EME
Homer City Generation, L.P. v. EPA, 795
F.3d 118 (D.C. Cir. 2015) (EME Homer
City II). The litigation over CSAPR
ultimately delayed implementation of
that rule for three years, from January 1,
2012, when CSAPR’s cap-and-trade
programs were originally scheduled to
replace the CAIR cap-and-trade
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programs, to January 1, 2015. CSAPR’s
Phase 2 budgets were originally
promulgated to begin on January 1,
2014, and began January 1, 2017. As
part of the remand, the D.C. Circuit
found the Ohio 2014 NOX budget was
invalid, stating that based on EPA’s own
data, Ohio made no contribution to
downwind states’ nonattainment. On
September 7, 2016, EPA promulgated
the CSAPR Update Rule (81 FR 74504)
which established permanent and
enforceable reduction through revised
NOX ozone season budgets for Indiana.
Because the emission reduction
requirements of CAIR were enforceable
through the 2011 control period, and
because CSAPR has been promulgated
to address the requirements previously
addressed by CAIR and will achieve
similar or greater reductions once
finalized, EPA has determined that the
EGU emission reductions that helped
lead to attainment in the CincinnatiHamilton area can now be considered
permanent and enforceable and that the
requirement of CAA section
107(d)(3)(E)(iii) has been met.
iii. Consent Decrees and Permanent
Shutdowns
As a result of a settlement with EPA
to resolve violations of the CAA’s NSR
requirements, American Electrical
Power (AEP) permanently retired its
Tanners Creek Generating Station (i.e.,
all four coal-fired EGUs) located in
Lawrenceburg Township, Dearborn
County on June 1, 2015.
b. Emission Reductions
The 2005 emissions inventory for
NOX, direct PM2.5, and SO2 has been
codified at 40 CFR 52.776. The 2005
inventory represents a year the
Cincinnati-Hamilton area was not
attaining the standard. The emissions
inventory for 2008, one of the years the
Cincinnati-Hamilton area monitored
attainment of the standard, was grown
from the 2005 emissions inventory to
represent a base year for maintenance
purposes.
Point source emissions information
was compiled from the Indiana
Department of Environmental
Management (IDEM) annual emissions
statement database and from EPA’s
Clean Air Market’s acid rain database.
These emissions reflect Indiana’s NOX
emission budgets resulting from EPA’s
NOX SIP call. The 2008 emissions from
EGUs reflect Indiana’s emission caps
under CAIR.
Area source emissions for the
Cincinnati-Hamilton area for 2005 were
taken from periodic emissions
inventories.8 These 2005 area source
emission estimates were extrapolated to
2008. Source growth factors were
supplied by the Lake Michigan Air
Directors Consortium (LADCO). These
growth factors were based on the U.S.
Department of Commerce Bureau of
Economic Analysis (BEA) growth
factors, with some updated local
information.
Non-road mobile source emissions
were extrapolated from non-road mobile
source emissions reported in EPA’s
2005 National Emissions Inventory
(NEI). Contractors were employed by
LADCO to estimate emissions for
commercial marine vessels and
railroads.
On-road mobile source emissions
were calculated using EPA’s mobile
source emission factor model,
MOVES2010, and data extracted from
the region’s travel-demand model.
These emissions were then interpolated
as needed to determine the 2008 base
year values.
All emissions estimates discussed
below were documented in the
submittals and appendices to Indiana’s
redesignation request submittal of
August 19, 2016. For these data and
additional emissions inventory data, the
reader is referred to EPA’s digital docket
for this rule, https://
www.regulations.gov, for docket number
EPA–R05–OAR–2016–0513, which
includes a digital copy of Indiana’s
submittal.
Emissions data in tons per year (tpy)
for the Cincinnati-Hamilton area are
shown in Tables 2, 3, and 4 below.
TABLE 2—COMPARISON OF 2005 EMISSIONS FROM THE NONATTAINMENT YEAR AND 2008 EMISSIONS FOR AN
ATTAINMENT YEAR FOR NOX IN THE CINCINNATI-HAMILTON AREA
[tpy]
Net change
(2008–2005)
2005
2008
On-road ........................................................................................................................................
Non-road ......................................................................................................................................
Point .............................................................................................................................................
Area .............................................................................................................................................
71,919.89
21,770.17
66,302.14
7,810.74
64,471.22
19,614.87
56,644.39
7,975.67
¥7,448.67
¥2,155.3
¥9,657.75
164.93
Total ......................................................................................................................................
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Sector
167,802.94
148,706.15
¥19,096.79
8 Periodic emission inventories are derived by
states every three years and reported to EPA. These
periodic emission inventories are required by the
Federal Consolidated Emissions Reporting Rule,
codified at 40 CFR part 51, subpart A. EPA revised
these and other emission reporting requirements in
a final rule published on December 17, 2008, at 73
FR 76539.
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28443
TABLE 3—COMPARISON OF 2005 EMISSIONS FROM THE NONATTAINMENT YEAR AND 2008 EMISSIONS FOR AN
ATTAINMENT YEAR FOR SO2 IN THE CINCINNATI-HAMILTON AREA
[tpy]
Sector
2005
2008
Net Change
(2008–2005)
On-road ........................................................................................................................................
Non-road ......................................................................................................................................
Point .............................................................................................................................................
Area .............................................................................................................................................
392.00
2,149.74
233,927.65
3,494.39
277.59
1,399.69
111,818.09
3,520.77
¥114.41
¥750.05
¥122,109.56
26.38
Total ......................................................................................................................................
239,963.78
117,016.14
¥122,947.64
TABLE 4—COMPARISON OF 2005 EMISSIONS FROM THE NONATTAINMENT YEAR AND 2008 EMISSIONS FOR AN
ATTAINMENT YEAR FOR DIRECT PM2.5 IN THE CINCINNATI-HAMILTON AREA
[tpy]
Sector
2005
2008
Net Change
(2008–2005)
On-road ........................................................................................................................................
Non-road ......................................................................................................................................
Point .............................................................................................................................................
Area .............................................................................................................................................
2,810.30
1,400.55
3,415.69
1,828.85
2,679.85
1,268.32
3,091.67
1,864.80
¥130.45
¥132.23
¥324.02
35.95
Total ......................................................................................................................................
9,455.39
8,904.64
¥550.75
Tables 2, 3, and 4 show reductions in
NOX, SO2, and direct PM2.5 emissions
for the Cincinnati-Hamilton area by
19,096.79 tpy for NOX, 122,947.64 tpy
for SO2, and 550.76 tpy for direct PM2.5
between 2005 (nonattainment year) and
2008 (attainment year).
4. Indiana Has a Fully Approved
Maintenance Plan Pursuant to Section
175A of the CAA (Section
107(d)(3)(E)(iv))
EPA has fully approved an applicable
maintenance plan that meets the
requirements of section 175(a) on
December 23, 2011. See 76 FR 80253. In
conjunction with Indiana’s request to
redesignate the Cincinnati-Hamilton
nonattainment area to attainment,
Indiana has submitted an updated
attainment inventory of the
maintenance plan to reflect the
provisions of subpart 4 (title I, part D)
of the CAA, and EPA is updating the
maintenance plan to 2027.
sradovich on DSK3GMQ082PROD with PROPOSALS
a. What is required in a maintenance
plan?
Section 175A of the CAA sets forth
the required elements of a maintenance
plan for areas seeking redesignation
from nonattainment to attainment.
Under section 175A, the plan must
demonstrate continued attainment of
the applicable NAAQS for at least ten
years after EPA approves a
redesignation to attainment. Eight years
after redesignation, the state must
submit a revised maintenance plan
which demonstrates that attainment will
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continue to be maintained for ten years
following the initial ten-year
maintenance period. To address the
possibility of future NAAQS violations,
the maintenance plan must contain
contingency measures, which it does,
with a schedule for implementation as
EPA deems necessary to assure prompt
correction of any future PM2.5
violations.
The Calcagni memorandum provides
additional guidance on the content of a
maintenance plan. The memorandum
states that a maintenance plan should
address the following items: the
attainment emissions inventory, a
maintenance demonstration showing
maintenance for the ten years of the
maintenance period, a commitment to
maintain the existing monitoring
network, factors and procedures to be
used for verification of continued
attainment of the NAAQS, and a
contingency plan to prevent or correct
future violations of the NAAQS.
Section 175A requires a state seeking
redesignation to attainment to submit a
SIP revision to provide for the
maintenance of the NAAQS in the area
‘‘for at least 10 years after the
redesignation.’’ EPA has interpreted this
as a showing of maintenance ‘‘for a
period of ten years following
redesignation.’’ Calcagni memorandum,
p. 9. Where the emissions inventory
method of showing maintenance is
used, its purpose is to show that
emissions during the maintenance
period will not increase over the
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Fmt 4702
Sfmt 4702
attainment year inventory. Calcagni
memorandum, pp. 9–10.
As discussed in the section below, the
state’s maintenance plan submission
documents that the area’s emissions
inventories should remain below the
attainment year inventories through
2021. In addition, for the reasons set
forth below, EPA believes that the
state’s submission, in conjunction with
additional supporting information,
further demonstrates that the area
should continue to maintain the 1997
annual PM2.5 NAAQS at least through
2027. Thus, any EPA action to finalize
its proposed approval of the
redesignation request and maintenance
plans in 2017, will be based on a
showing, in accordance with section
175A, that the state’s maintenance plan
provides for maintenance for at least ten
years after redesignation.
b. Attainment Inventory
Indiana developed an emissions
inventory for NOX, primary PM2.5, and
SO2 for 2008, one of the years in the
period during which the CincinnatiHamilton area monitored attainment of
the 1997 annual PM2.5 standard, as
described previously. The attainment
level of emissions is summarized in
Tables 2, 3, and 4, above. Indiana also
included emissions inventories for
VOCs and ammonia from 2007, in
accordance with the provisions of
Subpart 4 (title I, part D) of the CAA.
These emissions are summarized in
Table 6, in discussion of the
maintenance plan below.
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c. Demonstration of Maintenance
Indiana has a fully approved
maintenance plan that meets the
requirements of section 175(A). See 76
FR 80253. Along with the redesignation
request, Indiana submitted an updated
attainment inventory to reflect the
provision of subpart 4. Indiana’s plan
demonstrates maintenance of the 1997
annual PM2.5 standard through 2021 by
showing that current and future
emissions of NOX, directly emitted
PM2.5, and SO2 in the area remain at or
below attainment year emission levels.
Indiana’s plan demonstrates
maintenance of the 1997 annual PM2.5
NAAQS through 2021 by showing that
current and future emissions of NOX,
directly emitted PM2.5, and SO2 for the
area remain at or below attainment year
emission levels.
The rate of decline in emissions of
PM2.5, NOX, and SO2 from the
attainment year 2008 through 2021
indicates that the emissions inventory
levels not only significantly declined
between 2008 and 2021, but also will
continue to decline through 2027 and
beyond. PM2.5 emissions in the
nonattainment area are projected to
decrease by 702.01 tpy in 2021. NOX
emissions in the nonattainment area are
projected to decrease by 69,887.02 tpy
in 2021. SO2 emissions in the
nonattainment area are projected to
decline by 28,505.87 in 2021. These
rates of decline are conservative as they
do not include reductions resulting from
the shutdown of the four units at the
Tanner’s Creek Generating Station, and
are consistent with monitored and
projected air quality trends; and
emissions reductions achieved through
emissions controls and regulations that
will remain in place beyond 2027, and
through fleet turnover that will continue
beyond 2027, among other factors. EPA
is proposing that the previously
approved maintenance plan is adequate
in achieving maintenance of the PM2.5
standard to 2027 and beyond.
A maintenance demonstration need
not be based on modeling. See Wall v.
EPA, 265 F.3d 426 (6th Cir. 2001), Sierra
Club v. EPA, 375 F. 3d 537 (7th Cir.
2004). See also 66 FR 53094, 53099–
53100 (October 19, 2001), 68 FR 25413,
25430–25432 (May 12, 2003). Indiana
uses emissions inventory projections for
the years 2008 and 2021 to demonstrate
maintenance for the entire CincinnatiHamilton area. The projected emissions
were estimated by Indiana, with
assistance from LADCO, who used the
MOVES2010 model for mobile source
projections. The 2021 maintenance year
emission estimates were based on
emissions estimates from the 2018
LADCO modeling. Table 5 shows the
2008 attainment base year emission
estimates and the 2021 emission
projections for the Cincinnati-Hamilton
area, taken from Indiana’s August 19,
2016, submission.
TABLE 5—COMPARISON OF 2008 AND 2021 NOX, DIRECT PM2.5, AND SO2 EMISSION TOTALS (tpy) FOR THE CINCINNATIHAMILTON AREA
SO2
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2008 (baseline) ..................................................................
2021 (maintenance) ..........................................................
Projected Decrease (2021–2008) .....................................
Table 5 shows that, for the period
between 2008 and the maintenance
projection for 2021, the CincinnatiHamilton area will reduce NOX
emissions by 69,887.02 tpy; direct PM2.5
emissions by 702.01 tpy; and SO2
emissions by 28,505.87 tpy. The 2021
projected emissions levels are
significantly below attainment year
inventory levels, and, based on the rate
of decline, it is highly improbable that
any increases in these levels will occur
in 2027 and beyond. Thus, the
emissions inventories set forth in Table
5 show that the area will continue to
maintain the 1997 annual PM2.5
standard during the maintenance period
and at least through 2027.
As Table 1 demonstrates, monitored
PM2.5 design value concentrations in the
Cincinnati-Hamilton area are well below
the NAAQS in the years beyond 2008,
the attainment year for the area. Further,
those values are trending downward as
time progresses. Based on the future
projections of emissions in 2021
showing significant emissions
reductions in direct PM2.5, NOX, and
SO2, it is very unlikely that monitored
PM2.5 values in 2027 and beyond will
show violations of the NAAQS.
Additionally, the 2013–2015 design
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NOX
117,016.14 .........................
88,510.27 ...........................
28,505.87 (24% decrease)
148,706.15 .........................
78,819.13 ...........................
69,887.02 (47% decrease)
values, which range from 9.5 to 11.2 mg/
m3, provide a sufficient margin in the
unlikely event emissions rise slightly in
the future. These emission reductions
are further sustained with the closing of
the Tanner’s Creek Generating Station in
Lawrenceburg Township, Dearborn
County, IN on June 1, 2015.
Maintenance Plan Evaluation of
Ammonia and VOCs
Due to the remand of EPA’s
implementation rule, EPA in this
proposal is evaluating the impact of
maintenance plan requirements under
sections 175A and 107(d)(3)(E)(iv) as
they pertain to VOCs and ammonia as
PM2.5 precursors. To begin with, EPA
notes that the area has attained the 1997
annual PM2.5 standard and that the state
has shown that attainment of the
standard is due to permanent and
enforceable emission reductions.
EPA proposes to confirm that the
state’s maintenance plan shows
continued maintenance of the standard
by tracking the levels of the precursors
whose control brought about attainment
of the 1997 PM2.5 standard in the
Cincinnati-Hamilton area. EPA,
therefore, believes that the only
additional consideration related to the
maintenance plan requirements that
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Fmt 4702
Sfmt 4702
PM2.5
8,904.64
8,202.63
702.01 (8% decrease).
results from the Court’s January 4, 2013,
decision is that of assessing the
potential role of VOCs and ammonia in
demonstrating continued maintenance
in this area. As explained below, based
upon documentation provided by the
state and supporting information, EPA
believes that the maintenance plan for
the Cincinnati-Hamilton area need not
include any additional emission
reductions of VOCs or ammonia in order
to provide for continued maintenance of
the standard.
First, as noted above in EPA’s
discussion of section 189(e), VOCs
emission levels in this area have
historically been well-controlled under
SIP requirements related to ozone and
other pollutants. Second, total ammonia
emissions throughout the CincinnatiHamilton area are very low, estimated to
be less than 3,200 tpy. See Table 6
below. This amount of ammonia
emissions appears especially small in
comparison to the total amounts of SO2,
NOX, and even direct PM2.5 emissions
from sources in the area. Third, as
described below, available information
shows that no precursor, including
VOCs and ammonia, is expected to
increase over the maintenance period so
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as to interfere with or undermine the
state’s maintenance demonstration.
Indiana’s maintenance plan shows
that emissions of direct PM2.5, SO2, and
NOX are projected to decrease by 702.01
tpy, 28,505.87 tpy, and 69,887.022 tpy,
respectively, over the maintenance
period. See Table 5 above. In addition,
emissions inventories used in the
regulatory impact analysis (RIA) for the
2012 PM2.5 NAAQS show that VOCs and
ammonia emissions are projected to
decrease by 16,716 tpy and 119 tpy in
the Cincinnati-Hamilton area,
respectively between 2007 and 2020.
See Table 6 below. While the RIA
emissions inventories are only projected
out to 2020, there is no reason to believe
that this downward trend would not
continue through 2026. Given that the
Cincinnati-Hamilton area is already
attaining the 1997 annual PM2.5 NAAQS
even with the current level of emissions
from sources in the area, the downward
trend of emissions inventories would be
consistent with continued attainment.
Indeed, projected emissions reductions
for the precursors that the state is
addressing for purposes of the 1997
PM2.5 NAAQS indicate that the area
should continue to attain the NAAQS
following the precursor control strategy
that the state has already elected to
28445
pursue. Additionally, the projected
values factored in the continuing
operation of the Tanners Creek
Generating Station. Even if VOCs and
ammonia emissions were to increase
unexpectedly between 2020 and 2027,
the overall emissions reductions
projected in direct PM2.5, SO2, and NOX
would be sufficient to offset any
increases. For these reasons, EPA
believes that local emissions of all of the
potential PM2.5 precursors will not
increase to the extent that they will
cause monitored PM2.5 levels to violate
the 1997 PM2.5 standard during the
maintenance period.
TABLE 6—COMPARISON OF 2007 AND 2020 VOC AND AMMONIA EMISSION TOTALS BY SOURCE SECTOR (tpy) FOR THE
CINCINNATI-HAMILTON AREA 9
VOC
2007
Ammonia
Net change
2020–2007
2020
2007
2020
Net change
2020–2007
224
24,149
9,294
20,317
5,138
224
24,080
5,228
8,041
4,831
0
¥69
¥4,066
¥12,275
¥306
16
2,158
13
890
109
16
2,223
15
481
332
0
65
2
¥409
222
Total ..................................................
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fires ..........................................................
nonpoint ...................................................
Non-road ..................................................
On-road ....................................................
point .........................................................
59,121
42,404
¥16,716
3,186
3,067
¥119
In addition, available air quality
modeling analyses show continued
maintenance of the standard during the
maintenance period. The current annual
design values for the area range from 9.5
to 11.2 mg/m3 (based on 2013–2015 air
quality data), which are well below the
1997 annual PM2.5 NAAQS of 15 mg/m3.
Moreover, the modeling analysis
conducted for the RIA for the 2012
PM2.5 NAAQS indicates that the design
values for this area are expected to
continue to decline through 2020. In the
RIA analysis, the highest 2020 modeled
design value for the CincinnatiHamilton area is 10.5 mg/m3. Given that
precursor emissions are projected to
decrease through 2027, it is reasonable
to conclude that monitored PM2.5 levels
in this area will also continue to
decrease through 2027.
Thus, EPA believes that there is
ample justification to conclude that the
Cincinnati-Hamilton area should be
redesignated, even taking into
consideration the emissions of other
precursors potentially relevant to PM2.5.
After consideration of the D.C. Circuit’s
January 4, 2013, decision, and for the
reasons set forth in this action, EPA
proposes to approve the state’s revised
attainment inventory into the previously
approved maintenance plan.
Based on the information summarized
above, Indiana has adequately
demonstrated maintenance of the 1997
PM2.5 standard in this area for a period
extending in excess of ten years from
expected final action on Indiana’s
redesignation request. EPA finds that
the currently approved plan will
provide for maintenance.
9 These emissions estimates were taken from the
emissions inventories developed for the RIA for the
2012 PM2.5 NAAQS which can be found in the
docket.
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d. Monitoring Network
Ohio currently operates eight
monitors for purposes of determining
attainment with the annual PM2.5
standard and Kentucky currently
operates one monitor for the area.
Indiana operates no monitors for the
Cincinnati-Hamilton area since only a
small portion of the nonattainment area
is in the state. EPA has determined that
the monitors maintained by both Ohio
and Kentucky constitute an adequate
monitoring network.
e. Verification of Continued Attainment
Ohio and Kentucky remain obligated
to continue to quality-assure monitoring
data and enter all data into the AQS in
accordance with Federal guidelines in
accordance with 40 CFR 58.
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f. Contingency Plan
The contingency plan provisions are
designed to promptly correct or prevent
a violation of the NAAQS that might
occur after redesignation of an area to
attainment. Section 175A of the CAA
requires that a maintenance plan
include such contingency measures as
EPA deems necessary to ensure that the
state will promptly correct a violation of
the NAAQS that occurs after
redesignation. The maintenance plan
should identify the contingency
measures to be adopted, a schedule and
procedure for adoption and
implementation of the contingency
measures, and a time limit for action by
the state. The state should also identify
specific indicators to be used to
determine when the contingency
measures need to be adopted and
implemented. The maintenance plan
must include a requirement that the
state will implement all pollution
control measures that were contained in
the SIP before redesignation of the area
to attainment. See section 175A(d) of
the CAA. As described above in section
III.4, Indiana’s previously approved
maintenance plan includes all necessary
contingency measures required under
section 175A(d). See 76 FR 80253.
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EPA believes that Indiana’s approved
contingency measures, as well as the
commitment to continue implementing
any necessary SIP requirements, satisfy
the pertinent requirements of section
175A(d).
For all of the reasons set forth above,
EPA determines that the approved
maintenance plan is still applicable and
meets all the contingency plan
requirements of CAA section 175A.
5. Motor Vehicle Emissions Budget
(MVEBs) for the Mobile Source
Contribution to PM2.5 and NOX
Under the CAA, states are required to
submit, at various times, control strategy
SIP revisions and maintenance plans for
PM2.5 nonattainment areas and for areas
seeking redesignation to attainment of
the PM2.5 standard. These emission
control strategy SIP revisions (e.g., RFP
and attainment demonstration SIP
revisions) and maintenance plans create
MVEBs based on on-road mobile source
emissions for criteria pollutants and/or
their precursors to address pollution
from on-road transportation sources.
The MVEBs are the portions of the total
allowable emissions that are allocated to
highway and transit vehicle use that,
together with emissions from other
sources in the area, will provide for
attainment, RFP, or maintenance, as
applicable.
Under 40 CFR part 93, a MVEB for an
area seeking a redesignation to
attainment is established for the last
year of the maintenance plan and could
also be established for an interim year
or years. The MVEB serves as a ceiling
on emissions from an area’s planned
transportation system. The MVEB
concept is further explained in the
preamble to the November 24, 1993,
transportation conformity rule (58 FR
62188).
Under section 176(c) of the CAA, new
transportation plans and transportation
improvement programs (TIPs) must be
evaluated to determine if they conform
to the purpose of the area’s SIP.
Conformity to the SIP means that
transportation activities will not cause
new air quality violations, worsen
existing air quality violations, or delay
timely attainment of the NAAQS or any
required interim milestone. If a
transportation plan or TIP does not
conform, most new transportation
projects that would expand the capacity
of roadways cannot go forward.
Regulations at 40 CFR part 93 set forth
EPA policy, criteria, and procedures for
demonstrating and assuring conformity
of such transportation activities to a SIP.
The maintenance plans previously
submitted by Indiana for the area
contained PM2.5 and NOX MVEBs for the
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area for the year 2021. Indiana
calculated the MVEBs using
MOVES2010. These approved budgets
are used in future conformity
determinations and regional emissions
analyses prepared by the OKI, and will
have to be based on the use of
MOVES2010 or the most recent version
of MOVES required to be used in
transportation conformity
determinations.10 The state has
determined the 2021 MVEBs for the
combined Ohio and Indiana portions of
the Cincinnati-Hamilton area to be
1,241.19 tpy for primary PM2.5 and
21,747.71 tpy for NOX. The Ohio and
Indiana portion of the area included
‘‘safety margins’’ as provided for in 40
CFR 93.124(a) (described below) of
112.84 tpy for primary PM2.5 and
2,836.65 tpy for NOX in the 2021
MVEBs, respectively, to provide for onroad mobile source growth. Indiana did
not provide emission budgets for SO2,
VOCs, and ammonia because it
concluded, consistent with EPA’s
presumptions regarding these
precursors, that emissions of these
precursors from on-road motor vehicles
are not significant contributors to the
area’s PM2.5 air quality problem.
EPA has previously approved budgets
for 2021 including the added safety
margins using the conformity rule’s
adequacy criteria found at 40 CFR
93.118(e)(4) and the conformity rule’s
requirements for safety margins found at
40 CFR 93.124(a). EPA has determined
that the area can maintain attainment of
the 1997 annual PM2.5 NAAQS for the
relevant maintenance period and no
changes to the plan have been made.
See 76 FR 80253
6. 2005 Comprehensive Emissions
Inventory
As discussed above, section 172(c)(3)
of the CAA requires areas to submit a
comprehensive emissions inventory
including direct PM and all four
precursors (SO2, NOX, VOCs, and
ammonia). EPA approved the Indiana
2005 base year emissions inventory on
December 23, 2011 (76 FR 80253). This
previously approved base year
emissions inventory detailed emissions
of PM2.5, SO2, and NOX for 2005.
Emissions inventories for VOCs and
ammonia from 2007, taken from the RIA
for the 2012 PM2.5 NAAQS, have been
added as part of this submittal in
accordance with the provisions of
10 EPA described the circumstances under which
an area would be required to use MOVES in
transportation conformity determinations in its
March 2, 2010, Federal Register notice officially
releasing MOVES2010 for use in SIPs and
transportation conformity determinations. (75 FR
9413)
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subpart 4 (title I, part D) of the CAA.
Emissions contained in the submittal
cover the general source categories of
point sources, area sources, on-road
mobile sources, and non-road mobile
sources.
Based upon EPA’s previous action
and 2007 emissions inventory for VOCs
and ammonia, the emissions inventory
was complete and accurate, and met the
requirement of CAA section 172(c)(3).
V. EPA’s Proposed Actions
EPA is proposing to take several
actions related to redesignation of the
Cincinnati-Hamilton area to attainment
for the 1997 annual PM2.5 NAAQS.
EPA has previously approved
Indiana’s PM2.5 maintenance plan and
MVEBs for the Cincinnati-Hamilton
area. EPA is proposing to determine that
this plan and MVEBs are still
applicable.
EPA has previously approved the
2005 primary PM2.5, NOX, and SO2 base
year emissions inventory. EPA is
proposing to approve Indiana’s updated
emissions inventory which includes
emissions inventories for VOCs and
ammonia from 2007. EPA is proposing
that Indiana meets the emissions
inventory requirement under section
107(d)(3)(E)(iii).
EPA is proposing that Indiana meets
the requirements for redesignation of
the Cincinnati-Hamilton area to
attainment of the 1997 annual PM2.5
NAAQS under section 107(d)(3)(E) of
the CAA. EPA is thus proposing to grant
Indiana’s request to change the
designation of its portion of the
Cincinnati-Hamilton area from
nonattainment to attainment for the
1997 annual PM2.5 NAAQS.
If finalized, EPA would determine
that the previously approved
maintenance plan is still applicable to
the Cincinnati-Hamilton area for the
1997 annual PM2.5 NAAQS.
In addition, if finalized, according to
the Fine Particulate Matter National
Ambient Air Quality Standards: State
Implementation Plan Requirements (81
FR 58009, August 24, 2016), ‘‘for an area
that is redesignated to attainment after
the effective date of this final rule, the
1997 primary annual PM2.5 NAAQS will
be revoked in such an area on the
effective date of its redesignation to
attainment for that NAAQS. After
revocation of the 1997 primary annual
PM2.5 NAAQS in a given area, the
designation for that standard is no
longer in effect.’’
VI. Statutory and Executive Order
Reviews
Under the CAA, redesignation of an
area to attainment and the
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accompanying approval of a
maintenance plan under section
107(d)(3)(E) are actions that affect the
status of a geographical area and do not
impose any additional regulatory
requirements on sources beyond those
imposed by state law. A redesignation to
attainment does not in and of itself
create any new requirements, but rather
results in the applicability of
requirements contained in the CAA for
areas that have been redesignated to
attainment. Moreover, the Administrator
is required to approve a SIP submission
that complies with the provisions of the
CAA 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 CAA. Accordingly, this action
merely proposes to approve state law as
meeting Federal requirements and, if
finalized, will not impose additional
requirements beyond those imposed by
state law. For that reason, these actions:
• Are 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);
• Do not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Are 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.);
• Do 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);
• Do not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Are not economically significant
regulatory actions based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Are not significant regulatory
actions subject to Executive Order
13211 (66 FR 28355, May 22, 2001);
• Are 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
• Do not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
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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, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because
redesignation is an action that affects
the status of a geographical area and
does not impose any new regulatory
requirements on tribes, impact any
existing sources of air pollution on
tribal lands, nor impair the maintenance
of ozone national ambient air quality
standards in tribal lands.
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Particulate matter.
40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Dated: June 2, 2017.
Robert Kaplan,
Acting Regional Administrator, Region 5.
[FR Doc. 2017–13065 Filed 6–21–17; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 170104014–7014–01]
RIN 0648–BG53
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Northeast
Groundfish Fishery; Framework
Adjustment 56
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
This action proposes approval
of, and regulations to implement,
Framework Adjustment 56 to the
Northeast Multispecies Fishery
Management Plan. This rule would set
catch limits for four of the 20 groundfish
SUMMARY:
PO 00000
Frm 00036
Fmt 4702
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28447
stocks, adjust several allocations and
accountability measures (AMs) for
groundfish catch in non-groundfish
fisheries, and make other administrative
changes to groundfish management
measures. This action is necessary to
respond to updated scientific
information and achieve the goals and
objectives of the Fishery Management
Plan. The proposed measures are
intended to help prevent overfishing,
rebuild overfished stocks, achieve
optimum yield, and ensure that
management measures are based on the
best scientific information available.
DATES: Comments must be received by
July 7, 2017.
ADDRESSES: You may submit comments,
identified by NOAA–NMFS–2017–0021,
by either of the following methods:
• Federal eRulemaking Portal: Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20170021; Click the ‘‘Comment Now!’’ icon
and complete the required fields; and
enter or attach your comments.
• Mail: Submit written comments to
John K. Bullard, Regional
Administrator, National Marine
Fisheries Service, 55 Great Republic
Drive, Gloucester, MA 01930. Mark the
outside of the envelope, ‘‘Comments on
the Proposed Rule for Groundfish
Framework Adjustment 56.’’
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered. All comments we receive
are a part of the public record and will
generally be posted for public viewing
on www.regulations.gov without change.
All personal identifying information
(e.g., name, address, etc.), confidential
business information, or otherwise
sensitive information submitted
voluntarily by the sender will be
publicly accessible. We will accept
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
anonymous).
Copies of Framework Adjustment 56,
including the draft Environmental
Assessment, the Regulatory Impact
Review, and the Initial Regulatory
Flexibility Analysis prepared by the
New England Fishery Management
Council (NEFMC) in support of this
action are available from Thomas A.
Nies, Executive Director, New England
Fishery Management Council, 50 Water
Street, Mill 2, Newburyport, MA 01950.
The supporting documents are also
accessible via the Internet at: https://
www.nefmc.org/management-plans/
northeast-multispecies or https://
www.greateratlantic.fisheries.noaa.gov/
sustainable/species/multispecies.
E:\FR\FM\22JNP1.SGM
22JNP1
]]>Agencies
[Federal Register Volume 82, Number 119 (Thursday, June 22, 2017)]
[Proposed Rules]
[Pages 28435-28447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13065]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2016-0513; FRL-9963-73-Region 5]
Air Plan Approval; Indiana; Redesignation of the Indiana Portion
of the Cincinnati-Hamilton, OH-IN-KY Area to Attainment of the 1997
Annual Standard for Fine Particulate Matter
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
redesignate the Indiana portion of the Cincinnati-Hamilton, OH-IN-KY,
nonattainment area (hereafter, ``the Cincinnati-Hamilton area'') to
attainment for the 1997 fine particulate matter (PM2.5)
annual national ambient air quality standard (NAAQS or standard). The
Indiana portion of the Cincinnati-Hamilton area includes Lawrenceburg
Township within Dearborn County. EPA is taking this action because it
has determined that the Cincinnati-Hamilton area is attaining the
annual PM2.5 standard. EPA is also proposing several
additional related actions. First, EPA is proposing to approve the
state's plan for maintaining the 1997 annual PM2.5 NAAQS
through 2027. In addition, EPA is proposing to approve Indiana's
updated emission inventory, which includes emission inventories for
volatile organic compounds (VOCs) and ammonia. Indiana's maintenance
plan submission also includes a budget for the mobile source
contribution of PM2.5 and nitrogen oxides (NOX)
to the Cincinnati-Hamilton PM2.5 area for transportation
conformity purposes, which EPA is proposing to approve and update. EPA
is proposing to take these actions in accordance with the Clean Air Act
(CAA) and EPA's State implementation plan (SIP) rules regarding the
1997 PM2.5 NAAQS.
DATES: Comments must be received on or before July 24, 2017.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2016-0513 at https://www.regulations.gov, or via email to
aburano.douglas@epa.gov. 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 https://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,
becker.michelle@epa.gov.
SUPPLEMENTARY INFORMATION: This supplementary information section is
arranged as follows:
I. What is the background for these actions?
II. What are the criteria for redesignation to attainment?
III. What is EPA's analysis of the state's request?
1. Attainment
2. The Area Has Met All Applicable Requirements Under Section
110 and Part D and Has a Fully Approved SIP Under Section 110(k)
(Section 107(d)(3)(E)(ii) and (v))
3. The Improvement in Air Quality Is Due to Permanent and
Enforceable Reductions in Emissions Resulting From Implementation of
the SIPs and Applicable Federal Air Pollution Control Regulations
and Other Permanent and Enforceable Reductions (Section
107(d)(3)(E)(iii))
4. Indiana Has a Fully Approved Maintenance Plan Pursuant to
Section 175A of the CAA (Section 107(d)(3)(E)(iv))
5. Motor Vehicle Emissions Budget (MVEBs) for the Mobile Source
Contribution to PM2.5 and NOX
6. 2005 Comprehensive Emissions Inventory
V. EPA's Proposed Actions
VI. Statutory and Executive Order Reviews
I. What is the background for these actions?
The first air quality standards for PM2.5 were
promulgated on July 18, 1997, at 62 FR 38652. Fine particulate
pollution can be emitted directly from a source (primary
PM2.5) or formed secondarily through chemical reactions in
the atmosphere involving precursor pollutants emitted from a variety of
sources (secondary PM2.5). EPA promulgated an annual
standard at a level of 15 micrograms per cubic meter ([micro]g/m\3\) of
ambient air, based on a three-year average of the annual mean
PM2.5 concentrations at each monitoring site. See 40 CFR
50.13.
On January 5, 2005, at 70 FR 944, EPA published air quality area
designations for the 1997 annual PM2.5 standard based on air
quality data for calendar years 2001-2003. In that rulemaking, EPA
designated the Cincinnati-Hamilton area, which includes Lawrenceburg
Township, Dearborn
[[Page 28436]]
County, Indiana, as nonattainment for the 1997 annual PM2.5
standard.
On December 23, 2011, EPA approved the redesignation of the Ohio
and Indiana portions of the Cincinnati-Hamilton area to attainment of
the annual PM2.5 standard (76 FR 80253). On July 14, 2015,
the United States Court of Appeals for the Sixth Circuit (Sixth
Circuit) issued an opinion in Sierra Club v. EPA, 793 F.3d 656 (6th
Cir. 2015), vacating EPA's redesignation of the Indiana and Ohio
portions of the Cincinnati-Hamilton area to attainment for the 1997
PM2.5 NAAQS. The basis for the Court's decision is that EPA
had not approved reasonably available control measures (RACM) or
reasonably available control technology (RACT) for the area into the
SIP, as required by part D, subpart 1, of the CAA.\1\
---------------------------------------------------------------------------
\1\ The Court issued its initial decision in the case on March
18, 2015, and subsequently issued an amended opinion on July 14
after appeals for rehearing en banc and panel rehearing had been
filed. The amended opinion revised some of the legal aspects of the
Court's analysis of the relevant statutory provisions (section
107(d)(3)(E)(ii) and section 172(c)(1)), but the overall holding of
the opinion was unaltered. On March 28, 2016, the Supreme Court
denied a petition for certiorari from Ohio requesting review of the
Sixth Circuit's decision.
---------------------------------------------------------------------------
Additionally, in this proposed redesignation, EPA takes into
account two decisions of the United States Court of Appeals for the
District of Columbia Circuit. On August 21, 2012, in EME Homer City
Generation, L.P. v. EPA, 696 F.3d 7 (D.C. Cir. 2012), the D.C. Circuit
vacated and remanded the Cross State Air Pollution Rule (CSAPR) and
ordered EPA to continue administering the Clean Air Interstate Rule
(CAIR) ``pending . . . development of a valid replacement.'' EME Homer
City at 38. The D.C. Circuit denied all petitions for rehearing in the
case on January 24, 2013.
In the second decision, on January 4, 2013, the D.C. Circuit issued
its decision with regard to the challenge by the Natural Resources
Defense Council (NRDC) to the EPA's 2007 PM2.5
Implementation Rule. In NRDC v. EPA, the court held that EPA erred in
implementing the 1997 PM2.5 NAAQS pursuant only to the
general implementation requirements of part D of the CAA, subpart 1,
rather than also to the implementation requirements specific to
particulate matter (PM10) in subpart 4, part D of title I of
the CAA (``subpart 4''). The court reasoned that the plain meaning of
the CAA requires implementation of the 1997 PM2.5 NAAQS
under subpart 4 because PM2.5 particles fall within the
statutory definition of PM10 and thus implementation of the
PM2.5 NAAQS is subject to the same statutory requirements as
the PM10 NAAQS. The court remanded the rule and instructed
the EPA ``to repromulgate these rules pursuant to Subpart 4 consistent
with this opinion.'' NRDC v. EPA, 706 F.3d 428 (D.C. Cir. 2013).
II. What are the criteria for redesignation to attainment?
The CAA sets forth the requirements for redesignating a
nonattainment area to attainment. Specifically, section 107(d)(3)(E) of
the CAA allows for redesignation provided that: (1) The Administrator
determines that the area has attained the applicable NAAQS based on
current air quality data; (2) the Administrator has fully approved an
applicable SIP for the area under section 110(k) of the CAA; (3) the
Administrator determines that the improvement in air quality is due to
permanent and enforceable emission reductions resulting from
implementation of the applicable SIP, Federal air pollution control
regulations, or other permanent and enforceable emission reductions;
(4) the Administrator has fully approved a maintenance plan for the
area meeting the requirements of section 175A of the CAA; and (5) the
state containing the area has met all requirements applicable to the
area for purposes of redesignation under section 110 and part D of the
CAA.
III. What is EPA's analysis of the state's request?
EPA is proposing to redesignate the Cincinnati-Hamilton area to
attainment of the 1997 annual PM2.5 NAAQS, and is proposing
to approve updates to Indiana's maintenance plan and emissions
inventory for the area. The rationale for these proposed actions
follow.
1. Attainment
In accordance with section 179(c) of the CAA, 42 U.S.C. 7509(c) and
40 CFR 51.1004(c), EPA is proposing to determine that the Cincinnati-
Hamilton area has attained the 1997 annual PM2.5 NAAQS. This
proposed determination is based upon complete, quality-assured, and
certified ambient air monitoring data for the 2013-2015 monitoring
period that shows this area has monitored attainment of the 1997
PM2.5 NAAQS.
Under EPA's regulations at 40 CFR 50.7, the annual primary and
secondary PM2.5 standards are met when the annual arithmetic
mean concentration, as determined in accordance with 40 CFR part 50,
appendix N, is less than or equal to 15.0 [micro]g/m\3\ at all relevant
monitoring sites in the area.
EPA has reviewed the ambient air quality monitoring data in the
Cincinnati-Hamilton area, consistent with the provisions of 40 CFR part
50, appendix T. EPA's review focused on data recorded in the EPA Air
Quality System (AQS) database for the Cincinnati-Hamilton area for
PM2.5 nonattainment area from 2013-2015.
The Cincinnati-Hamilton area has nine monitors located in Butler
(OH), Hamilton (OH), and Campbell (KY) Counties that reported design
values from 2013-2015 for PM2.5 that ranged from 9.5 to 11.2
[mu]g/m\3\ for the 1997 annual standard. The data are summarized shown
in Table 1 below.
All monitors in the Cincinnati-Hamilton area recorded complete data
in accordance with criteria set forth by EPA in 40 CFR part 50 appendix
N, where a complete year of air quality data comprises four calendar
quarters, with each quarter containing data from at least 75% capture
of the scheduled sampling days. Data available are considered to be
sufficient for comparison to the NAAQS if three consecutive complete
years of data exist. State certified data for 2013-2015 show the area
continues to attain the standard.
Table 1--Annual PM2.5 Design Values for the Cincinnati-Hamilton Area for 2013-2015
----------------------------------------------------------------------------------------------------------------
Annual design values ([mu]g/m3)
---------------------------------------------------------------
Site County Year Average
---------------------------------------------------------------
2013 2014 2015 2013-2015
----------------------------------------------------------------------------------------------------------------
39-017-0003.................. Butler, OH....... 11.1 11.3 10.3 10.9
39-017-0016.................. 10.7 10.7 9.5 10.3
[[Page 28437]]
39-017-0019.................. 11 11.2 10.2 10.8
39-061-0006.................. Hamilton, OH..... 10.1 10.3 9.3 9.9
39-061-0014.................. 11.6 11.3 10.7 11.2
39-061-0040.................. 10.6 10.4 9.2 10.1
39-061-0042.................. 11.5 11.2 10.1 11
39-061-0010.................. 10.5 10.4 9.2 10
21-037-3002.................. Campbell, KY..... 9.6 9.7 *9.4 9.5
----------------------------------------------------------------------------------------------------------------
* Less than 75% capture in one quarter at the primary monitor, but substitution using a secondary monitor was
completed resulting in an AQS `valid' design value. See 40 CFR part 50, appendix N.
EPA has found that the Cincinnati-Hamilton area has attained the
1997 annual PM2.5 NAAQS by the attainment date.
2. The Area Has Met All Applicable Requirements Under Section 110 and
Part D and Has a Fully Approved SIP Under Section 110(k) (Section
107(d)(3)(E)(ii) and (v))
EPA has determined that Indiana has met all currently applicable
SIP requirements for purposes of redesignation for the Cincinnati-
Hamilton area under section 110 of the CAA (general SIP requirements).
EPA is also proposing to find that the Indiana submittal meets all SIP
requirements currently applicable for purposes of redesignation under
part D of title I of the CAA, in accordance with section
107(d)(3)(E)(v). In addition, we are proposing to find that all
applicable requirements of the Indiana SIP for purposes of
redesignation have been approved, in accordance with section
107(d)(3)(E)(ii). As discussed below, EPA previously approved Indiana's
2005 emissions inventory as meeting the section 172(c)(3) comprehensive
emissions inventory requirement.
In making these proposed determinations, we have ascertained which
SIP requirements are applicable for purposes of redesignation, and
concluded that the Indiana SIP includes measures meeting those
requirements and that they are fully approved under section 110(k) of
the CAA.
a. Indiana Has Met All Applicable Requirements for Purposes of
Redesignation of the Cincinnati-Hamilton Area Under Section 110 and
Part D of the CAA
i. Section 110 General SIP Requirements
Section 110(a) of title I of the CAA contains the general
requirements for a SIP. Section 110(a)(2) provides that the
implementation plan submitted by a state must have been adopted by the
state after reasonable public notice and hearing, and, among other
things, must: Include enforceable emission limitations and other
control measures, means or techniques necessary to meet the
requirements of the CAA; provide for establishment and operation of
appropriate devices, methods, systems, and procedures necessary to
monitor ambient air quality; provide for implementation of a source
permit program to regulate the modification and construction of any
stationary source within the areas covered by the plan; include
provisions for the implementation of part C, Prevention of Significant
Deterioration (PSD) and part D, New Source Review (NSR) permit
programs; include criteria for stationary source emission control
measures, monitoring, and reporting; include provisions for air quality
modeling; and provide for public and local agency participation in
planning and emission control rule development.
Section 110(a)(2)(D) of the CAA requires that SIPs contain measures
to prevent sources in a state from significantly contributing to air
quality problems in another state. EPA believes that the requirements
linked with a particular nonattainment area's designation are the
relevant measures to evaluate in reviewing a redesignation request. The
transport SIP submittal requirements, where applicable, continue to
apply to a state regardless of the designation of any one particular
area in the state. Thus, we believe that these requirements should not
be construed to be applicable requirements for purposes of
redesignation.
Further, we believe that the other section 110 elements described
above that are not connected with nonattainment plan submissions and
not linked with an area's attainment status are also not applicable
requirements for purposes of redesignation. A state remains subject to
these requirements after an area is redesignated to attainment. We
conclude that only the section 110 and part D requirements that are
linked with a particular area's designation are the relevant measures
which we may consider in evaluating a redesignation request. See
Reading, Pennsylvania, proposed and final rulemakings (61 FR 53174-
53176, October 10, 1996) and (62 FR 24826, May 7, 1997); Cleveland-
Akron-Lorain, Ohio, final rulemaking (61 FR 20458, May 7, 1996); and
Tampa, Florida, final rulemaking (60 FR 62748, December 7, 1995). See
also the discussion on this issue in the Cincinnati, Ohio 1-hour ozone
redesignation (65 FR 37890, June 19, 2000), and in the Pittsburgh,
Pennsylvania 1-hour ozone redesignation (66 FR 50399, October 19,
2001).
We previously reviewed the Indiana SIP and have concluded that it
meets the general SIP requirements under section 110 of the CAA to the
extent they are applicable for purposes of redesignation. EPA has
previously approved provisions of Indiana's SIP addressing section 110
requirements (including provisions addressing particulate matter), at
40 CFR 52.776.
On December 5, 2007, September 9, 2008, March 23, 2011, and April
7, 2011 Indiana made submittals addressing ``infrastructure SIP''
elements required under CAA section 110(a)(2). EPA approved elements of
Indiana's submittals on July 13, 2011, at 76 FR 41075.
The requirements of section 110(a)(2), however, are statewide
requirements that are not linked to the PM2.5 nonattainment
status of the Cincinnati-Hamilton area. Therefore, EPA believes that
these SIP elements are not applicable requirements for purposes of
review of the state's PM2.5 redesignation request.
[[Page 28438]]
ii. Part D Requirements
EPA has determined that, upon approval of the base year emissions
inventories discussed in section III.6 of this rulemaking, the Indiana
SIP will meet the SIP requirements for the Cincinnati-Hamilton area
applicable for purposes of redesignation under part D of the CAA.
Subpart 1 of part D, found in sections 172-176 of the CAA, sets forth
the basic nonattainment requirements applicable to all nonattainment
areas. Subpart 4 of part D, found in section 189 of the CAA, sets forth
nonattainment requirements applicable for particulate matter
nonattainment areas.
Subpart 1
(a) Section 172 Requirements
For purposes of evaluating this redesignation request, the
applicable section 172 SIP requirements for the Cincinnati-Hamilton
area are contained in sections 172(c)(1)-(9). A thorough discussion of
the requirements contained in section 172 can be found in the General
Preamble for Implementation of Title I (57 FR 13498, April 16, 1992).
Under section 172, states with nonattainment areas must submit
plans providing for timely attainment and meeting a variety of other
requirements. However, pursuant to 40 CFR 51.1004(c), EPA's
determination that the area has attained the 1997 annual
PM2.5 standard suspends the requirement to submit certain
planning SIPs related to attainment, including: Attainment
demonstration requirements, the RFP and attainment demonstration
requirements of sections 172(c)(2) and (6) and 182(b)(1) of the CAA,
and the requirement for contingency measures of section 172(c)(9) of
the CAA.
As a result, the only remaining requirements under section 172 to
be considered are the emissions inventory requirement under section
172(c)(3), and the RACM/RACT requirement of section 172(c)(1) per the
Sixth Circuit decision.
(i) Section 172(c)(1)
Section 172(c)(1) requires the plans for all nonattainment areas to
provide for the implementation of all RACM as expeditiously as
practicable and to provide for attainment of the primary NAAQS. EPA has
long interpreted that subpart 1 nonattainment planning requirements,
including RACM, are not ``applicable for purposes of section
107(d)(3)(E)(ii) and (v) when an area is attaining the NAAQS, and,
therefore, need not be approved into the SIP before EPA can redesignate
the area. See 76 FR 80258.''
EPA previously redesignated the Cincinnati-Hamilton area to
attainment for the 1997 annual PM2.5 standard, predicated in
part on a finding that the RACM/RACT requirement (interpreted as
reflecting those reasonable measures needed to attain the standard) was
not an applicable requirement for purposes of redesignation for areas
already meeting the standard.
As previously discussed, on July 14, 2015, the United States Court
of Appeals for the Sixth Circuit issued an opinion in Sierra Club v.
EPA, vacating EPA's redesignation of the Indiana and Ohio portions of
the Cincinnati-Hamilton area to attainment for the 1997
PM2.5 NAAQS on the basis that EPA had not approved subpart 1
RACM for the area into the SIP. The Sixth Circuit vacated the
redesignation of the Ohio and Indiana portion of the area based on its
view that RACM/RACT must be considered an applicable requirement for
designation purposes. Consistent with that ruling, this requirement was
satisfied with EPA approval of Indiana's RACM/RACT analysis on August
25, 2016 (81 FR 58402).
(ii) Other Section 172 Requirements
No SIP provisions applicable for redesignation of the Cincinnati-
Hamilton area are currently disapproved, conditionally approved, or
partially approved. Indiana currently has a fully approved SIP for all
requirements, as applicable for purposes of redesignation under the
Sixth Circuit's Sierra Club decision.
The reasonable further progress (RFP) requirement under section
172(c)(2) is defined as progress that must be made toward attainment.
This requirement is not relevant for purposes of the Cincinnati-
Hamilton redesignation because the area has monitored attainment of the
1997 annual PM2.5 NAAQS. (General Preamble, 57 FR 13564).
See also 40 CFR 51.918. The requirement to submit the section 172(c)(9)
contingency measures is similarly not applicable for purposes of
redesignation. Id.
Section 172(c)(3) requires submission and approval of a
comprehensive, accurate and current inventory of actual emissions.
Indiana submitted a 2005 base year emissions inventory in the required
attainment plan, and also updated the emissions inventory with VOCs and
ammonia emissions from 2007. EPA previously approved the 2005 base year
emissions inventory on October 19, 2011 (76 FR 64825), and is proposing
to approve the emissions inventory for VOCs and ammonia.
Section 172(c)(4) requires the identification and quantification of
allowable emissions for major new and modified stationary sources in an
area, and section 172(c)(5) requires source permits for the
construction and operation of new and modified major stationary sources
anywhere in the nonattainment area. EPA approved Indiana's current NSR
program on October 7, 1994 (59 FR 51108), but has not approved updates
since that time. Nonetheless, since PSD requirements will apply after
redesignation, the area need not have a fully-approved NSR program for
purposes of redesignation, provided that the area demonstrates
maintenance of the NAAQS without part D NSR. A detailed rationale for
this view is described in a memorandum from Mary Nichols, Assistant
Administrator for Air and Radiation, dated October 14, 1994, entitled,
``Part D New Source Review Requirements for Areas Requesting
Redesignation to Attainment.'' Indiana has demonstrated that the
Cincinnati-Hamilton area will be able to maintain the standard without
part D NSR in effect; therefore, the state need not have a fully
approved part D NSR program prior to approval of the redesignation
request. The state's PSD program will become effective in the
Cincinnati-Hamilton area upon redesignation to attainment. See
rulemakings for Detroit, Michigan (60 FR 12467-12468, March 7, 1995);
Cleveland-Akron-Lorain, Ohio (61 FR 20458, 20469-20470, May 7, 1996);
Louisville, Kentucky (66 FR 53665, October 23, 2001); and Grand Rapids,
Michigan (61 FR 31834-31837, June 21, 1996).
Section 172(c)(6) requires the SIP to contain control measures
necessary to provide for attainment of the standard. Because attainment
has been reached, no additional measures are needed to provide for
attainment.
Section 172(c)(7) requires the SIP to meet the applicable
provisions of section 110(a)(2). As noted above, we have found that
Indiana's SIP meets the applicable requirements of section 110(a)(2)
for purposes of redesignation.
(b) Section 176 Conformity Requirements
Section 176(c) of the CAA requires states to establish criteria and
procedures to ensure that Federally-supported or funded activities,
including highway projects, conform to the air quality planning goals
in the applicable SIPs. The requirement to determine conformity applies
to transportation plans, programs and projects developed, funded or
approved under Title 23 of the U.S. Code and the
[[Page 28439]]
Federal Transit Act (transportation conformity) as well as to all other
Federally-supported or funded projects (general conformity). State
transportation conformity regulations must be consistent with Federal
conformity regulations relating to consultation, enforcement, and
enforceability, which EPA promulgated pursuant to CAA requirements.
EPA approved Indiana's transportation conformity SIPs on March 2,
2015 (80 FR 11134). In April 2010, EPA promulgated changes to 40 CFR
51.851, eliminating the requirement for states to maintain a general
conformity SIP. EPA confirms that Indiana has met the applicable
conformity requirements under section 176.
Subpart 4
On January 4, 2013, in NRDC v. EPA, the D.C. Circuit remanded to
EPA the ``Final Clean Air Fine Particle Implementation Rule'' (72 FR
20586, April 25, 2007) and the ``Implementation of the New Source
Review (NSR) Program for Particulate Matter Less than 2.5 Micrometers
(PM2.5)'' final rule (73 FR 28321, May 16, 2008)
(collectively, ``1997 PM2.5 Implementation Rule''). 706 F.3d
428 (D.C. Cir. 2013). The Court found that EPA erred in implementing
the 1997 PM2.5 NAAQS pursuant to the general implementation
provisions of subpart 1 of part D of title I of the CAA, rather than
the particulate-matter-specific provisions of subpart 4 of part D of
title I.
EPA has longstanding general guidance that interprets the 1990
amendments to the CAA, making recommendations to states for meeting the
statutory requirements for SIPs for nonattainment areas. See, ``State
Implementation Plans; General Preamble for the Implementation of Title
I of the Clear Air Act Amendments of 1990,'' 57 FR 13498 (April 16,
1992) (the ``General Preamble''). In the General Preamble, EPA
discussed the relationship of subpart 1 and subpart 4 SIP requirements,
and pointed out that subpart 1 requirements were, to an extent,
``subsumed by, or integrally related to, the more specific PM-10
requirements.'' 57 FR 13538 (April 16, 1992). The subpart 1
requirements include, among other things, provisions for attainment
demonstrations, RACM, RFP, emissions inventories, and contingency
measures.
For the purposes of this redesignation, in order to identify any
additional requirements which would apply under subpart 4, we are
considering the Cincinnati-Hamilton area to be a ``moderate''
PM2.5 nonattainment area. Under section 188 of the CAA, all
areas designated nonattainment areas under subpart 4 would initially be
classified by operation of law as ``moderate'' nonattainment areas, and
would remain moderate nonattainment areas unless and until EPA
reclassifies the area as a ``serious'' nonattainment area. Accordingly,
EPA believes that it is appropriate to limit the evaluation of the
potential impact of subpart 4 requirements to those that would be
applicable to moderate nonattainment areas.
Section 189(a) and (c) of subpart 4 applies to moderate
nonattainment areas and includes the following: (1) An approved permit
program for construction of new and modified major stationary sources
(section 189(a)(1)(A)); (2) an attainment demonstration (section
189(a)(1)(B)); (3) provisions for RACM (section 189(a)(1)(C)); and (4)
quantitative milestones demonstrating RFP toward attainment by the
applicable attainment date (section 189(c)).
The permit requirements of subpart 4, as contained in section
189(a)(1)(A), refer to and apply the subpart 1 permit provisions
requirements of sections 172 and 173 to PM10, without adding
to them. Consequently, EPA believes that section 189(a)(1)(A) does not
itself impose for redesignation purposes any additional requirements
for moderate areas beyond those contained in subpart 1.\2\ In any
event, in the context of redesignation, EPA has long relied on the
interpretation that a fully approved nonattainment new source review
program is not considered an applicable requirement for redesignation,
provided the area can maintain the standard with a PSD program after
redesignation. A detailed rationale for this view is described in a
memorandum from Mary Nichols, Assistant Administrator for Air and
Radiation, dated October 14, 1994, entitled, ``Part D New Source Review
Requirements for Areas Requesting Redesignation to Attainment.'' See
also rulemakings for Detroit, Michigan (60 FR 12467-12468, March 7,
1995); Cleveland-Akron-Lorain, Ohio (61 FR 20458, 20469-20470, May 7,
1996); Louisville, Kentucky (66 FR 53665, October 23, 2001); and Grand
Rapids, Michigan (61 FR 31834-31837, June 21, 1996).
---------------------------------------------------------------------------
\2\ The potential effect of section 189(e) on section
189(a)(1)(A) for purposes of evaluating this redesignation is
discussed below.
---------------------------------------------------------------------------
With respect to the specific attainment planning requirements under
subpart 4,\3\ when EPA evaluates a redesignation request under subpart
1 and/or 4, any area that is attaining the PM2.5 standard is
viewed as having satisfied the attainment planning requirements for
these subparts. For redesignations, EPA has for many years interpreted
attainment-linked requirements as not applicable for areas attaining
the standard. In the General Preamble, EPA stated that:
---------------------------------------------------------------------------
\3\ I.e., attainment demonstration, RFP, RACM, milestone
requirements, contingency measures.
The requirements for RFP will not apply in evaluating a request
for redesignation to attainment since, at a minimum, the air quality
data for the area must show that the area has already attained.
Showing that the State will make RFP towards attainment will,
---------------------------------------------------------------------------
therefore, have no meaning at that point.
``General Preamble for the Interpretation of Title I of the CAA
Amendments of 1990''; (57 FR 13498, 13564, April 16, 1992).
The General Preamble also explained that
[t]he section 172(c)(9) requirements are directed at ensuring RFP
and attainment by the applicable date. These requirements no longer
apply when an area has attained the standard and is eligible for
redesignation. Furthermore, section 175A for maintenance plans . . .
provides specific requirements for contingency measures that
effectively supersede the requirements of section 172(c)(9) for
these areas.
Id.
EPA similarly stated in its September 4, 1992, memorandum entitled
``Procedures for Processing Requests to Redesignate Areas to
Attainment'' (Calcagni memorandum) that, ``[t]he requirements for
reasonable further progress and other measures needed for attainment
will not apply for redesignations because they only have meaning for
areas not attaining the standard.''
Elsewhere in this action, EPA proposes to determine that the area
has attained the 1997 annual PM2.5 standard. Under its
longstanding interpretation, EPA is proposing to determine here that
the area meets the attainment-related planning requirements of subparts
1 and 4.
Thus, as explained more fully below, EPA is proposing to conclude
that the requirements to submit an attainment demonstration under
189(a)(1)(B), a RACM determination under sections 172(c)(1) and
189(a)(1)(c), a RFP demonstration under section 189(c)(1), and
contingency measure requirements under section 172(c)(9) are satisfied
for purposes of evaluating the redesignation request.
[[Page 28440]]
CAA section 189(e) specifically provides that control requirements
for major stationary sources of direct PM10 shall also apply
to PM10 precursors from those sources, except where EPA
determines that major stationary sources of such precursors ``do not
contribute significantly to PM10 levels which exceed the
standard in the area.''
For a number of reasons, EPA believes that this proposed
redesignation of the Cincinnati-Hamilton area is consistent with the
Court's decision on this aspect of subpart 4. First, while the Court,
citing section 189(e), stated that ``for a PM10 area
governed by subpart 4, a precursor is `presumptively regulated,' '' the
Court expressly declined to decide the specific challenge to EPA's 1997
PM2.5 implementation rule provisions regarding ammonia and
VOCs as precursors. The Court had no occasion to reach whether and how
it was substantively necessary to regulate any specific precursor in a
particular PM2.5 nonattainment area, and did not address
what might be necessary for purposes of acting upon a redesignation
request.
The Cincinnati-Hamilton area has attained the standard without any
specific additional controls of VOCs and ammonia emissions from any
sources in the area.
Precursors in subpart 4 are specifically regulated under the
provisions of section 189(e), which requires, with important
exceptions, control requirements for major stationary sources of
PM10 precursors.\4\ As explained below, we do not believe
that any additional controls of ammonia and VOCs are required in the
context of this redesignation.
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\4\ Under either subpart 1 or subpart 4, for purposes of
demonstrating attainment as expeditiously as practicable, a state is
required to evaluate all economically and technologically feasible
control measures for direct PM emissions and precursor emissions,
and adopt those measures that are deemed reasonably available.
---------------------------------------------------------------------------
In the General Preamble, EPA discusses its approach to implementing
section 189(e). See 57 FR 13538-13542. With regard to precursor
regulation under section 189(e), the General Preamble explicitly stated
that control of VOCs under other CAA requirements may suffice to
relieve a state from the need to adopt precursor controls under section
189(e) (57 FR 13542). EPA proposes to determine that Indiana has met
the provisions of section 189(e) with respect to ammonia and VOCs as
precursors. This proposed supplemental determination is based on our
findings that: (1) The Cincinnati-Hamilton area contains no major
stationary sources of ammonia, and (2) existing major stationary
sources of VOCs are adequately controlled under other provisions of the
CAA regulating the ozone NAAQS.\5\ In the alternative, EPA proposes to
determine that, under the express exception provisions of section
189(e), and in the context of the redesignation of the area, which is
attaining the 1997 annual PM2.5 standard, at present ammonia
and VOCs precursors from major stationary sources do not cause
PM2.5 levels to exceed the 1997 PM2.5 standard in
the Cincinnati-Hamilton area. See 57 FR 13539-42.
---------------------------------------------------------------------------
\5\ The Cincinnati-Hamilton area has reduced VOC emissions
through the implementation of various SIP approved VOC control
programs and various on-road and non-road motor vehicle control
programs.
---------------------------------------------------------------------------
EPA notes that its 1997 PM2.5 implementation rule
provisions in 40 CFR 51.1002 were not directed at evaluation of
PM2.5 precursors in the context of redesignation, but at SIP
plans and control measures required to bring a nonattainment area into
attainment of the 1997 annual PM2.5 NAAQS. By contrast,
redesignation to attainment primarily requires the area to have already
attained due to permanent and enforceable emission reductions, and to
demonstrate that controls in place can continue to maintain the
standard. Thus, even if we regard the Court's January 4, 2013, decision
as calling for ``presumptive regulation'' of ammonia and VOCs for
PM2.5 under the attainment planning provisions of subpart 4,
those provisions do not require additional controls of these precursors
for an area that already qualifies for redesignation. Nor does EPA
believe that requiring Indiana to address precursors differently than
it has already would result in a different redesignation outcome.
Although, as EPA has emphasized, its consideration here of
precursor requirements under subpart 4 is in the context of a
redesignation to attainment, EPA's existing interpretation of subpart 4
requirements with respect to precursors in attainment plans for
PM10 contemplates that states may develop attainment plans
that regulate only those precursors that are necessary for purposes of
attainment in the area in question, i.e., states may determine that
only certain precursors need be regulated for attainment and control
purposes.\6\ Courts have upheld this approach to the requirements of
subpart 4 for PM10.\7\ EPA believes that application of this
approach to PM2.5 precursors under subpart 4 is reasonable.
Because the Cincinnati-Hamilton area has already attained the 1997
annual PM2.5 NAAQS with its current approach to regulation
of PM2.5 precursors, EPA believes that, in the context of
this redesignation, there is no need to revisit the attainment control
strategy with respect to the treatment of precursors. Even if the
Court's decision is construed to impose an obligation to consider
additional precursors under subpart 4 in evaluating this redesignation
request, it would not affect EPA's approval here of Indiana's request
for redesignation of the Cincinnati-Hamilton area. Moreover, the state
has shown, and EPA is proposing to determine, that attainment in this
area is due to permanent and enforceable emissions reductions on all
precursors necessary to provide for continued attainment. It follows
that no further control of additional precursors is necessary.
Accordingly, EPA does not view the January 4, 2013, Court decision as
precluding redesignation of the Cincinnati-Hamilton area to attainment
for the 1997 PM2.5 NAAQS at this time.
---------------------------------------------------------------------------
\6\ See, e.g., ``Approval and Promulgation of Implementation
Plans for California--San Joaquin Valley PM-10 Nonattainment Area;
Serious Area Plan for Nonattainment of the 24-Hour and Annual PM-10
Standards,'' 69 FR 30006 (May 26, 2004) (approving a PM10
attainment plan that impose controls on direct PM10 and
NOX emissions and did not impose controls on
SO2, VOC, or ammonia emissions).
\7\ See, e.g., Assoc. of Irritated Residents v. EPA et al., 423
F.3d 989 (9th Cir. 2005).
---------------------------------------------------------------------------
EPA concludes that the area has met all applicable requirements for
purposes of redesignation in accordance with section 107(d)(3)(E)(ii)
and (v).
b. Indiana Has a Fully Approved Applicable SIP Under Section 110(k) of
the CAA
Upon final approval of Indiana's comprehensive VOCs and ammonia
emissions inventories, EPA will have fully approved the Indiana SIP for
the Cincinnati-Hamilton area under section 110(k) of the CAA for all
requirements applicable for purposes of redesignation. EPA may rely on
prior SIP approvals in approving a redesignation request (See page 3 of
the Calcagni memorandum; Southwestern Pennsylvania Growth Alliance v.
Browner, 144 F.3d 984, 989-990 (6th Cir. 1998); Wall v. EPA, 265 F.3d
426 (6th Cir. 2001)) plus any additional measures it may approve in
conjunction with a redesignation action. See 68 FR 25413, 25426 (May
12, 2003). Since the passage of the CAA of 1970, Indiana has adopted
and submitted, and EPA has fully approved, provisions addressing
various required SIP elements under particulate matter standards. In
this action, EPA is approving Indiana's VOCs and ammonia comprehensive
emissions inventories for the
[[Page 28441]]
Cincinnati-Hamilton area as meeting the requirement of section
172(c)(3) of the CAA.
3. The Improvement in Air Quality Is Due to Permanent and Enforceable
Reductions in Emissions Resulting From Implementation of the SIPs and
Applicable Federal Air Pollution Control Regulations and Other
Permanent and Enforceable Reductions (Section 107(d)(3)(E)(iii))
EPA believes that Indiana has demonstrated that the observed air
quality improvement in the Cincinnati-Hamilton area is due to permanent
and enforceable reductions in emissions resulting from implementation
of the SIPs, Federal measures, and other state-adopted measures.
In making this demonstration, Indiana has calculated the change in
emissions between 2005, one of the years used to designate the area as
nonattainment, and 2008, one of the years the Cincinnati-Hamilton area
monitored attainment. The reduction in emissions and the corresponding
improvement in air quality over this time period can be attributed to a
number of regulatory control measures that the Cincinnati-Hamilton area
and contributing areas have implemented, as discussed below. Additional
permanent and enforceable measures and shutdowns after 2008 have also
been promulgated and are included below.
a. Permanent and Enforceable Controls Implemented
The following is a discussion of permanent and enforceable measures
that have been implemented in the area:
i. Federal Emission Control Measures
Reductions in direct emissions of PM2.5 and in emissions
of PM2.5 precursors have occurred statewide and in upwind
areas as a result of Federal emission control measures, with additional
emission reductions expected to occur in the future. Federal emission
control measures include the following:
Tier 2 Emission Standards for Vehicles and Gasoline Sulfur
Standards. EPA finalized this Federal rule in February 2000. These
emission control requirements result in lower NOX and
SO2 emissions from new cars and light duty trucks, including
sport utility vehicles. Emission standards established under EPA's
rules became effective between 2004 and 2009. EPA has estimated that,
emissions of NOX from new vehicles have decreased by the
following percentages: Passenger cars (light duty vehicles)--77
percent; light duty trucks, minivans, and sports utility vehicles--86
percent; and, larger sports utility vehicles, vans, and heavier
trucks--69 to 95 percent. EPA expects fleet-wide average emissions to
decline by similar percentages as new vehicles replace older vehicles.
The Tier 2 standards also reduced the sulfur content of gasoline by up
to 90 percent. VOCs emissions reductions will be approximately 12
percent for passenger cars; 18 percent for smaller SUVs, light trucks,
and minivans; and 15 percent for larger SUVs, vans, and heavier trucks.
Heavy-Duty Diesel Engine Rule. EPA issued this rule in July 2000.
This rule, which was phased in between 2004 and 2007, includes
standards limiting the sulfur content of diesel fuel. This rule is
estimated to reduce NOX emissions from diesel trucks and
buses by approximately 40 percent. The level of sulfur in highway
diesel fuel is also estimated to have dropped by 97 percent by mid-2006
due to this rule.
Non-road Diesel Rule. In May 2004, EPA promulgated a new rule for
large non-road diesel engines, such as those used in construction,
agriculture, and mining equipment, to be phased in between 2008 and
2014. Prior to 2006, non-road diesel fuel averaged approximately 3,000
parts per million (ppm) sulfur. This rule limited non-road diesel
sulfur content to 15 ppm by 2010. It is estimated that compliance with
this rule has cut emissions from non-road diesel engines by more than
90%. This rule achieved some emission reductions by 2008 and was fully
implemented by 2010. The reduction in fuel sulfur content also yielded
an immediate reduction in sulfate particle emissions from all diesel
vehicles.
ii. Control Measures in Contributing Areas
Given the significance of sulfates and nitrates in the Cincinnati-
Hamilton area, the area's air quality is strongly affected by regulated
emissions from power plants.
NOX SIP Call. On October 27, 1998 (63 FR 57356), EPA issued a
NOX SIP Call requiring the District of Columbia and 22
states to reduce emissions of NOX. Affected states were
required to comply with Phase I of the SIP Call beginning in 2004, and
Phase II beginning in 2007. Emission reductions resulting from
regulations developed in response to the NOX SIP Call are
permanent and enforceable.
CAIR and CSAPR. EPA proposed CAIR on January 30, 2004, at 69 FR
4566, promulgated CAIR on May 12, 2005, at 70 FR 25162, and promulgated
associated Federal Implementation Plans (FIPs) on April 28, 2006, at 71
FR 25328, in order to reduce SO2 and NOX
emissions and improve air quality in many areas across the Eastern
United States. However, on July 11, 2008, the United States Court of
Appeals for the District of Columbia Circuit (D.C. Circuit or Court)
issued its decision to vacate and remand both CAIR and the associated
CAIR FIPs in their entirety (North Carolina v. EPA, 531 F.3d 836 (D.C.
Cir. 2008)). EPA petitioned for a rehearing, and the Court issued an
order remanding CAIR and the CAIR FIPs to EPA without vacatur (North
Carolina v. EPA, 550 F.3d 1176 (D.C. Cir. 2008)). The Court, thereby,
left CAIR in place in order to ``temporarily preserve the environmental
values covered by CAIR'' until EPA replaced it with a rule consistent
with the Court's opinion (id. at 1178). The Court directed EPA to
``remedy CAIR's flaws'' consistent with the July 11, 2008, opinion, but
declined to impose a schedule on EPA for completing this action (id).
On August 8, 2011 (76 FR 48208), acting on the D.C. Circuit's
remand, EPA promulgated CSAPR to replace CAIR and, thus, to address the
interstate transport of emissions contributing to nonattainment and
interfering with maintenance of the two air quality standards covered
by CAIR as well as the 2006 PM2.5 NAAQS. CSAPR requires
substantial reductions of SO2 and NOX emissions
from electric generating units (EGUs) in 28 states in the eastern
United States. As a general matter, because CSAPR is CAIR's
replacement, emissions reductions associated with CAIR will for most
areas be made permanent and enforceable through implementation of
CSAPR.
Numerous parties filed petitions for review of CSAPR in the D.C.
Circuit, and on August 21, 2012, the court issued its ruling, vacating
and remanding CSAPR to EPA and ordering continued implementation of
CAIR. EME Homer City Generation, L.P. v. EPA, 696 F.3d 7, 38 (D.C. Cir.
2012). The D.C. Circuit's vacatur of CSAPR was reversed by the United
States Supreme Court on April 29, 2014, and the case was remanded to
the D.C. Circuit to resolve remaining issues in accordance with the
high court's ruling. EPA v. EME Homer City Generation, L.P., 134 S. Ct.
1584 (2014).
On remand, the D.C. Circuit affirmed CSAPR in most respects, but
invalidated without vacating some of the CSAPR budgets as to a number
of states. EME Homer City Generation, L.P. v. EPA, 795 F.3d 118 (D.C.
Cir. 2015) (EME Homer City II). The litigation over CSAPR ultimately
delayed implementation of that rule for three years, from January 1,
2012, when CSAPR's cap-and-trade programs were originally scheduled to
replace the CAIR cap-and-trade
[[Page 28442]]
programs, to January 1, 2015. CSAPR's Phase 2 budgets were originally
promulgated to begin on January 1, 2014, and began January 1, 2017. As
part of the remand, the D.C. Circuit found the Ohio 2014 NOX
budget was invalid, stating that based on EPA's own data, Ohio made no
contribution to downwind states' nonattainment. On September 7, 2016,
EPA promulgated the CSAPR Update Rule (81 FR 74504) which established
permanent and enforceable reduction through revised NOX
ozone season budgets for Indiana.
Because the emission reduction requirements of CAIR were
enforceable through the 2011 control period, and because CSAPR has been
promulgated to address the requirements previously addressed by CAIR
and will achieve similar or greater reductions once finalized, EPA has
determined that the EGU emission reductions that helped lead to
attainment in the Cincinnati-Hamilton area can now be considered
permanent and enforceable and that the requirement of CAA section
107(d)(3)(E)(iii) has been met.
iii. Consent Decrees and Permanent Shutdowns
As a result of a settlement with EPA to resolve violations of the
CAA's NSR requirements, American Electrical Power (AEP) permanently
retired its Tanners Creek Generating Station (i.e., all four coal-fired
EGUs) located in Lawrenceburg Township, Dearborn County on June 1,
2015.
b. Emission Reductions
The 2005 emissions inventory for NOX, direct
PM2.5, and SO2 has been codified at 40 CFR
52.776. The 2005 inventory represents a year the Cincinnati-Hamilton
area was not attaining the standard. The emissions inventory for 2008,
one of the years the Cincinnati-Hamilton area monitored attainment of
the standard, was grown from the 2005 emissions inventory to represent
a base year for maintenance purposes.
Point source emissions information was compiled from the Indiana
Department of Environmental Management (IDEM) annual emissions
statement database and from EPA's Clean Air Market's acid rain
database. These emissions reflect Indiana's NOX emission
budgets resulting from EPA's NOX SIP call. The 2008
emissions from EGUs reflect Indiana's emission caps under CAIR.
Area source emissions for the Cincinnati-Hamilton area for 2005
were taken from periodic emissions inventories.\8\ These 2005 area
source emission estimates were extrapolated to 2008. Source growth
factors were supplied by the Lake Michigan Air Directors Consortium
(LADCO). These growth factors were based on the U.S. Department of
Commerce Bureau of Economic Analysis (BEA) growth factors, with some
updated local information.
---------------------------------------------------------------------------
\8\ Periodic emission inventories are derived by states every
three years and reported to EPA. These periodic emission inventories
are required by the Federal Consolidated Emissions Reporting Rule,
codified at 40 CFR part 51, subpart A. EPA revised these and other
emission reporting requirements in a final rule published on
December 17, 2008, at 73 FR 76539.
---------------------------------------------------------------------------
Non-road mobile source emissions were extrapolated from non-road
mobile source emissions reported in EPA's 2005 National Emissions
Inventory (NEI). Contractors were employed by LADCO to estimate
emissions for commercial marine vessels and railroads.
On-road mobile source emissions were calculated using EPA's mobile
source emission factor model, MOVES2010, and data extracted from the
region's travel-demand model. These emissions were then interpolated as
needed to determine the 2008 base year values.
All emissions estimates discussed below were documented in the
submittals and appendices to Indiana's redesignation request submittal
of August 19, 2016. For these data and additional emissions inventory
data, the reader is referred to EPA's digital docket for this rule,
https://www.regulations.gov, for docket number EPA-R05-OAR-2016-0513,
which includes a digital copy of Indiana's submittal.
Emissions data in tons per year (tpy) for the Cincinnati-Hamilton
area are shown in Tables 2, 3, and 4 below.
Table 2--Comparison of 2005 Emissions From the Nonattainment Year and 2008 Emissions for an Attainment Year for
NOX in the Cincinnati-Hamilton Area
[tpy]
----------------------------------------------------------------------------------------------------------------
Net change
Sector 2005 2008 (2008-2005)
----------------------------------------------------------------------------------------------------------------
On-road......................................................... 71,919.89 64,471.22 -7,448.67
Non-road........................................................ 21,770.17 19,614.87 -2,155.3
Point........................................................... 66,302.14 56,644.39 -9,657.75
Area............................................................ 7,810.74 7,975.67 164.93
-----------------------------------------------
Total....................................................... 167,802.94 148,706.15 -19,096.79
----------------------------------------------------------------------------------------------------------------
[[Page 28443]]
Table 3--Comparison of 2005 Emissions From the Nonattainment Year and 2008 Emissions for an Attainment Year for
SO2 in the Cincinnati-Hamilton Area
[tpy]
----------------------------------------------------------------------------------------------------------------
Net Change
Sector 2005 2008 (2008-2005)
----------------------------------------------------------------------------------------------------------------
On-road......................................................... 392.00 277.59 -114.41
Non-road........................................................ 2,149.74 1,399.69 -750.05
Point........................................................... 233,927.65 111,818.09 -122,109.56
Area............................................................ 3,494.39 3,520.77 26.38
-----------------------------------------------
Total....................................................... 239,963.78 117,016.14 -122,947.64
----------------------------------------------------------------------------------------------------------------
Table 4--Comparison of 2005 Emissions From the Nonattainment Year and 2008 Emissions for an Attainment Year for
Direct PM2.5 in the Cincinnati-Hamilton Area
[tpy]
----------------------------------------------------------------------------------------------------------------
Net Change
Sector 2005 2008 (2008-2005)
----------------------------------------------------------------------------------------------------------------
On-road......................................................... 2,810.30 2,679.85 -130.45
Non-road........................................................ 1,400.55 1,268.32 -132.23
Point........................................................... 3,415.69 3,091.67 -324.02
Area............................................................ 1,828.85 1,864.80 35.95
-----------------------------------------------
Total....................................................... 9,455.39 8,904.64 -550.75
----------------------------------------------------------------------------------------------------------------
Tables 2, 3, and 4 show reductions in NOX,
SO2, and direct PM2.5 emissions for the
Cincinnati-Hamilton area by 19,096.79 tpy for NOX,
122,947.64 tpy for SO2, and 550.76 tpy for direct
PM2.5 between 2005 (nonattainment year) and 2008 (attainment
year).
4. Indiana Has a Fully Approved Maintenance Plan Pursuant to Section
175A of the CAA (Section 107(d)(3)(E)(iv))
EPA has fully approved an applicable maintenance plan that meets
the requirements of section 175(a) on December 23, 2011. See 76 FR
80253. In conjunction with Indiana's request to redesignate the
Cincinnati-Hamilton nonattainment area to attainment, Indiana has
submitted an updated attainment inventory of the maintenance plan to
reflect the provisions of subpart 4 (title I, part D) of the CAA, and
EPA is updating the maintenance plan to 2027.
a. What is required in a maintenance plan?
Section 175A of the CAA sets forth the required elements of a
maintenance plan for areas seeking redesignation from nonattainment to
attainment. Under section 175A, the plan must demonstrate continued
attainment of the applicable NAAQS for at least ten years after EPA
approves a redesignation to attainment. Eight years after
redesignation, the state must submit a revised maintenance plan which
demonstrates that attainment will continue to be maintained for ten
years following the initial ten-year maintenance period. To address the
possibility of future NAAQS violations, the maintenance plan must
contain contingency measures, which it does, with a schedule for
implementation as EPA deems necessary to assure prompt correction of
any future PM2.5 violations.
The Calcagni memorandum provides additional guidance on the content
of a maintenance plan. The memorandum states that a maintenance plan
should address the following items: the attainment emissions inventory,
a maintenance demonstration showing maintenance for the ten years of
the maintenance period, a commitment to maintain the existing
monitoring network, factors and procedures to be used for verification
of continued attainment of the NAAQS, and a contingency plan to prevent
or correct future violations of the NAAQS.
Section 175A requires a state seeking redesignation to attainment
to submit a SIP revision to provide for the maintenance of the NAAQS in
the area ``for at least 10 years after the redesignation.'' EPA has
interpreted this as a showing of maintenance ``for a period of ten
years following redesignation.'' Calcagni memorandum, p. 9. Where the
emissions inventory method of showing maintenance is used, its purpose
is to show that emissions during the maintenance period will not
increase over the attainment year inventory. Calcagni memorandum, pp.
9-10.
As discussed in the section below, the state's maintenance plan
submission documents that the area's emissions inventories should
remain below the attainment year inventories through 2021. In addition,
for the reasons set forth below, EPA believes that the state's
submission, in conjunction with additional supporting information,
further demonstrates that the area should continue to maintain the 1997
annual PM2.5 NAAQS at least through 2027. Thus, any EPA
action to finalize its proposed approval of the redesignation request
and maintenance plans in 2017, will be based on a showing, in
accordance with section 175A, that the state's maintenance plan
provides for maintenance for at least ten years after redesignation.
b. Attainment Inventory
Indiana developed an emissions inventory for NOX,
primary PM2.5, and SO2 for 2008, one of the years
in the period during which the Cincinnati-Hamilton area monitored
attainment of the 1997 annual PM2.5 standard, as described
previously. The attainment level of emissions is summarized in Tables
2, 3, and 4, above. Indiana also included emissions inventories for
VOCs and ammonia from 2007, in accordance with the provisions of
Subpart 4 (title I, part D) of the CAA. These emissions are summarized
in Table 6, in discussion of the maintenance plan below.
[[Page 28444]]
c. Demonstration of Maintenance
Indiana has a fully approved maintenance plan that meets the
requirements of section 175(A). See 76 FR 80253. Along with the
redesignation request, Indiana submitted an updated attainment
inventory to reflect the provision of subpart 4. Indiana's plan
demonstrates maintenance of the 1997 annual PM2.5 standard
through 2021 by showing that current and future emissions of
NOX, directly emitted PM2.5, and SO2
in the area remain at or below attainment year emission levels.
Indiana's plan demonstrates maintenance of the 1997 annual
PM2.5 NAAQS through 2021 by showing that current and future
emissions of NOX, directly emitted PM2.5, and
SO2 for the area remain at or below attainment year emission
levels.
The rate of decline in emissions of PM2.5,
NOX, and SO2 from the attainment year 2008
through 2021 indicates that the emissions inventory levels not only
significantly declined between 2008 and 2021, but also will continue to
decline through 2027 and beyond. PM2.5 emissions in the
nonattainment area are projected to decrease by 702.01 tpy in 2021.
NOX emissions in the nonattainment area are projected to
decrease by 69,887.02 tpy in 2021. SO2 emissions in the
nonattainment area are projected to decline by 28,505.87 in 2021. These
rates of decline are conservative as they do not include reductions
resulting from the shutdown of the four units at the Tanner's Creek
Generating Station, and are consistent with monitored and projected air
quality trends; and emissions reductions achieved through emissions
controls and regulations that will remain in place beyond 2027, and
through fleet turnover that will continue beyond 2027, among other
factors. EPA is proposing that the previously approved maintenance plan
is adequate in achieving maintenance of the PM2.5 standard
to 2027 and beyond.
A maintenance demonstration need not be based on modeling. See Wall
v. EPA, 265 F.3d 426 (6th Cir. 2001), Sierra Club v. EPA, 375 F. 3d 537
(7th Cir. 2004). See also 66 FR 53094, 53099-53100 (October 19, 2001),
68 FR 25413, 25430-25432 (May 12, 2003). Indiana uses emissions
inventory projections for the years 2008 and 2021 to demonstrate
maintenance for the entire Cincinnati-Hamilton area. The projected
emissions were estimated by Indiana, with assistance from LADCO, who
used the MOVES2010 model for mobile source projections. The 2021
maintenance year emission estimates were based on emissions estimates
from the 2018 LADCO modeling. Table 5 shows the 2008 attainment base
year emission estimates and the 2021 emission projections for the
Cincinnati-Hamilton area, taken from Indiana's August 19, 2016,
submission.
Table 5--Comparison of 2008 and 2021 NOX, Direct PM2.5, and SO2 Emission Totals (tpy) for the Cincinnati-Hamilton Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
SO2 NOX PM2.5
--------------------------------------------------------------------------------------------------------------------------------------------------------
2008 (baseline)................... 117,016.14............................. 148,706.15............................ 8,904.64
2021 (maintenance)................ 88,510.27.............................. 78,819.13............................. 8,202.63
Projected Decrease (2021-2008).... 28,505.87 (24% decrease)............... 69,887.02 (47% decrease).............. 702.01 (8% decrease).
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 5 shows that, for the period between 2008 and the maintenance
projection for 2021, the Cincinnati-Hamilton area will reduce
NOX emissions by 69,887.02 tpy; direct PM2.5
emissions by 702.01 tpy; and SO2 emissions by 28,505.87 tpy.
The 2021 projected emissions levels are significantly below attainment
year inventory levels, and, based on the rate of decline, it is highly
improbable that any increases in these levels will occur in 2027 and
beyond. Thus, the emissions inventories set forth in Table 5 show that
the area will continue to maintain the 1997 annual PM2.5
standard during the maintenance period and at least through 2027.
As Table 1 demonstrates, monitored PM2.5 design value
concentrations in the Cincinnati-Hamilton area are well below the NAAQS
in the years beyond 2008, the attainment year for the area. Further,
those values are trending downward as time progresses. Based on the
future projections of emissions in 2021 showing significant emissions
reductions in direct PM2.5, NOX, and
SO2, it is very unlikely that monitored PM2.5
values in 2027 and beyond will show violations of the NAAQS.
Additionally, the 2013-2015 design values, which range from 9.5 to 11.2
[mu]g/m\3\, provide a sufficient margin in the unlikely event emissions
rise slightly in the future. These emission reductions are further
sustained with the closing of the Tanner's Creek Generating Station in
Lawrenceburg Township, Dearborn County, IN on June 1, 2015.
Maintenance Plan Evaluation of Ammonia and VOCs
Due to the remand of EPA's implementation rule, EPA in this
proposal is evaluating the impact of maintenance plan requirements
under sections 175A and 107(d)(3)(E)(iv) as they pertain to VOCs and
ammonia as PM2.5 precursors. To begin with, EPA notes that
the area has attained the 1997 annual PM2.5 standard and
that the state has shown that attainment of the standard is due to
permanent and enforceable emission reductions.
EPA proposes to confirm that the state's maintenance plan shows
continued maintenance of the standard by tracking the levels of the
precursors whose control brought about attainment of the 1997
PM2.5 standard in the Cincinnati-Hamilton area. EPA,
therefore, believes that the only additional consideration related to
the maintenance plan requirements that results from the Court's January
4, 2013, decision is that of assessing the potential role of VOCs and
ammonia in demonstrating continued maintenance in this area. As
explained below, based upon documentation provided by the state and
supporting information, EPA believes that the maintenance plan for the
Cincinnati-Hamilton area need not include any additional emission
reductions of VOCs or ammonia in order to provide for continued
maintenance of the standard.
First, as noted above in EPA's discussion of section 189(e), VOCs
emission levels in this area have historically been well-controlled
under SIP requirements related to ozone and other pollutants. Second,
total ammonia emissions throughout the Cincinnati-Hamilton area are
very low, estimated to be less than 3,200 tpy. See Table 6 below. This
amount of ammonia emissions appears especially small in comparison to
the total amounts of SO2, NOX, and even direct
PM2.5 emissions from sources in the area. Third, as
described below, available information shows that no precursor,
including VOCs and ammonia, is expected to increase over the
maintenance period so
[[Page 28445]]
as to interfere with or undermine the state's maintenance
demonstration.
Indiana's maintenance plan shows that emissions of direct
PM2.5, SO2, and NOX are projected to
decrease by 702.01 tpy, 28,505.87 tpy, and 69,887.022 tpy,
respectively, over the maintenance period. See Table 5 above. In
addition, emissions inventories used in the regulatory impact analysis
(RIA) for the 2012 PM2.5 NAAQS show that VOCs and ammonia
emissions are projected to decrease by 16,716 tpy and 119 tpy in the
Cincinnati-Hamilton area, respectively between 2007 and 2020. See Table
6 below. While the RIA emissions inventories are only projected out to
2020, there is no reason to believe that this downward trend would not
continue through 2026. Given that the Cincinnati-Hamilton area is
already attaining the 1997 annual PM2.5 NAAQS even with the
current level of emissions from sources in the area, the downward trend
of emissions inventories would be consistent with continued attainment.
Indeed, projected emissions reductions for the precursors that the
state is addressing for purposes of the 1997 PM2.5 NAAQS
indicate that the area should continue to attain the NAAQS following
the precursor control strategy that the state has already elected to
pursue. Additionally, the projected values factored in the continuing
operation of the Tanners Creek Generating Station. Even if VOCs and
ammonia emissions were to increase unexpectedly between 2020 and 2027,
the overall emissions reductions projected in direct PM2.5,
SO2, and NOX would be sufficient to offset any
increases. For these reasons, EPA believes that local emissions of all
of the potential PM2.5 precursors will not increase to the
extent that they will cause monitored PM2.5 levels to
violate the 1997 PM2.5 standard during the maintenance
period.
---------------------------------------------------------------------------
\9\ These emissions estimates were taken from the emissions
inventories developed for the RIA for the 2012 PM2.5
NAAQS which can be found in the docket.
Table 6--Comparison of 2007 and 2020 VOC and Ammonia Emission Totals by Source Sector (tpy) for the Cincinnati-Hamilton Area \9\
--------------------------------------------------------------------------------------------------------------------------------------------------------
VOC Ammonia
-----------------------------------------------------------------------------------------------
Net change Net change
2007 2020 2020-2007 2007 2020 2020-2007
--------------------------------------------------------------------------------------------------------------------------------------------------------
fires................................................... 224 224 0 16 16 0
nonpoint................................................ 24,149 24,080 -69 2,158 2,223 65
Non-road................................................ 9,294 5,228 -4,066 13 15 2
On-road................................................. 20,317 8,041 -12,275 890 481 -409
point................................................... 5,138 4,831 -306 109 332 222
-----------------------------------------------------------------------------------------------
Total............................................... 59,121 42,404 -16,716 3,186 3,067 -119
--------------------------------------------------------------------------------------------------------------------------------------------------------
In addition, available air quality modeling analyses show continued
maintenance of the standard during the maintenance period. The current
annual design values for the area range from 9.5 to 11.2 [mu]g/m3
(based on 2013-2015 air quality data), which are well below the 1997
annual PM2.5 NAAQS of 15 [micro]g/m\3\. Moreover, the
modeling analysis conducted for the RIA for the 2012 PM2.5
NAAQS indicates that the design values for this area are expected to
continue to decline through 2020. In the RIA analysis, the highest 2020
modeled design value for the Cincinnati-Hamilton area is 10.5 [micro]g/
m\3\. Given that precursor emissions are projected to decrease through
2027, it is reasonable to conclude that monitored PM2.5
levels in this area will also continue to decrease through 2027.
Thus, EPA believes that there is ample justification to conclude
that the Cincinnati-Hamilton area should be redesignated, even taking
into consideration the emissions of other precursors potentially
relevant to PM2.5. After consideration of the D.C. Circuit's
January 4, 2013, decision, and for the reasons set forth in this
action, EPA proposes to approve the state's revised attainment
inventory into the previously approved maintenance plan.
Based on the information summarized above, Indiana has adequately
demonstrated maintenance of the 1997 PM2.5 standard in this
area for a period extending in excess of ten years from expected final
action on Indiana's redesignation request. EPA finds that the currently
approved plan will provide for maintenance.
d. Monitoring Network
Ohio currently operates eight monitors for purposes of determining
attainment with the annual PM2.5 standard and Kentucky
currently operates one monitor for the area. Indiana operates no
monitors for the Cincinnati-Hamilton area since only a small portion of
the nonattainment area is in the state. EPA has determined that the
monitors maintained by both Ohio and Kentucky constitute an adequate
monitoring network.
e. Verification of Continued Attainment
Ohio and Kentucky remain obligated to continue to quality-assure
monitoring data and enter all data into the AQS in accordance with
Federal guidelines in accordance with 40 CFR 58.
f. Contingency Plan
The contingency plan provisions are designed to promptly correct or
prevent a violation of the NAAQS that might occur after redesignation
of an area to attainment. Section 175A of the CAA requires that a
maintenance plan include such contingency measures as EPA deems
necessary to ensure that the state will promptly correct a violation of
the NAAQS that occurs after redesignation. The maintenance plan should
identify the contingency measures to be adopted, a schedule and
procedure for adoption and implementation of the contingency measures,
and a time limit for action by the state. The state should also
identify specific indicators to be used to determine when the
contingency measures need to be adopted and implemented. The
maintenance plan must include a requirement that the state will
implement all pollution control measures that were contained in the SIP
before redesignation of the area to attainment. See section 175A(d) of
the CAA. As described above in section III.4, Indiana's previously
approved maintenance plan includes all necessary contingency measures
required under section 175A(d). See 76 FR 80253.
[[Page 28446]]
EPA believes that Indiana's approved contingency measures, as well
as the commitment to continue implementing any necessary SIP
requirements, satisfy the pertinent requirements of section 175A(d).
For all of the reasons set forth above, EPA determines that the
approved maintenance plan is still applicable and meets all the
contingency plan requirements of CAA section 175A.
5. Motor Vehicle Emissions Budget (MVEBs) for the Mobile Source
Contribution to PM2.5 and NOX
Under the CAA, states are required to submit, at various times,
control strategy SIP revisions and maintenance plans for
PM2.5 nonattainment areas and for areas seeking
redesignation to attainment of the PM2.5 standard. These
emission control strategy SIP revisions (e.g., RFP and attainment
demonstration SIP revisions) and maintenance plans create MVEBs based
on on-road mobile source emissions for criteria pollutants and/or their
precursors to address pollution from on-road transportation sources.
The MVEBs are the portions of the total allowable emissions that are
allocated to highway and transit vehicle use that, together with
emissions from other sources in the area, will provide for attainment,
RFP, or maintenance, as applicable.
Under 40 CFR part 93, a MVEB for an area seeking a redesignation to
attainment is established for the last year of the maintenance plan and
could also be established for an interim year or years. The MVEB serves
as a ceiling on emissions from an area's planned transportation system.
The MVEB concept is further explained in the preamble to the November
24, 1993, transportation conformity rule (58 FR 62188).
Under section 176(c) of the CAA, new transportation plans and
transportation improvement programs (TIPs) must be evaluated to
determine if they conform to the purpose of the area's SIP. Conformity
to the SIP means that transportation activities will not cause new air
quality violations, worsen existing air quality violations, or delay
timely attainment of the NAAQS or any required interim milestone. If a
transportation plan or TIP does not conform, most new transportation
projects that would expand the capacity of roadways cannot go forward.
Regulations at 40 CFR part 93 set forth EPA policy, criteria, and
procedures for demonstrating and assuring conformity of such
transportation activities to a SIP.
The maintenance plans previously submitted by Indiana for the area
contained PM2.5 and NOX MVEBs for the area for
the year 2021. Indiana calculated the MVEBs using MOVES2010. These
approved budgets are used in future conformity determinations and
regional emissions analyses prepared by the OKI, and will have to be
based on the use of MOVES2010 or the most recent version of MOVES
required to be used in transportation conformity determinations.\10\
The state has determined the 2021 MVEBs for the combined Ohio and
Indiana portions of the Cincinnati-Hamilton area to be 1,241.19 tpy for
primary PM2.5 and 21,747.71 tpy for NOX. The Ohio
and Indiana portion of the area included ``safety margins'' as provided
for in 40 CFR 93.124(a) (described below) of 112.84 tpy for primary
PM2.5 and 2,836.65 tpy for NOX in the 2021 MVEBs,
respectively, to provide for on-road mobile source growth. Indiana did
not provide emission budgets for SO2, VOCs, and ammonia
because it concluded, consistent with EPA's presumptions regarding
these precursors, that emissions of these precursors from on-road motor
vehicles are not significant contributors to the area's
PM2.5 air quality problem.
---------------------------------------------------------------------------
\10\ EPA described the circumstances under which an area would
be required to use MOVES in transportation conformity determinations
in its March 2, 2010, Federal Register notice officially releasing
MOVES2010 for use in SIPs and transportation conformity
determinations. (75 FR 9413)
---------------------------------------------------------------------------
EPA has previously approved budgets for 2021 including the added
safety margins using the conformity rule's adequacy criteria found at
40 CFR 93.118(e)(4) and the conformity rule's requirements for safety
margins found at 40 CFR 93.124(a). EPA has determined that the area can
maintain attainment of the 1997 annual PM2.5 NAAQS for the
relevant maintenance period and no changes to the plan have been made.
See 76 FR 80253
6. 2005 Comprehensive Emissions Inventory
As discussed above, section 172(c)(3) of the CAA requires areas to
submit a comprehensive emissions inventory including direct PM and all
four precursors (SO2, NOX, VOCs, and ammonia).
EPA approved the Indiana 2005 base year emissions inventory on December
23, 2011 (76 FR 80253). This previously approved base year emissions
inventory detailed emissions of PM2.5, SO2, and
NOX for 2005. Emissions inventories for VOCs and ammonia
from 2007, taken from the RIA for the 2012 PM2.5 NAAQS, have
been added as part of this submittal in accordance with the provisions
of subpart 4 (title I, part D) of the CAA. Emissions contained in the
submittal cover the general source categories of point sources, area
sources, on-road mobile sources, and non-road mobile sources.
Based upon EPA's previous action and 2007 emissions inventory for
VOCs and ammonia, the emissions inventory was complete and accurate,
and met the requirement of CAA section 172(c)(3).
V. EPA's Proposed Actions
EPA is proposing to take several actions related to redesignation
of the Cincinnati-Hamilton area to attainment for the 1997 annual
PM2.5 NAAQS.
EPA has previously approved Indiana's PM2.5 maintenance
plan and MVEBs for the Cincinnati-Hamilton area. EPA is proposing to
determine that this plan and MVEBs are still applicable.
EPA has previously approved the 2005 primary PM2.5,
NOX, and SO2 base year emissions inventory. EPA
is proposing to approve Indiana's updated emissions inventory which
includes emissions inventories for VOCs and ammonia from 2007. EPA is
proposing that Indiana meets the emissions inventory requirement under
section 107(d)(3)(E)(iii).
EPA is proposing that Indiana meets the requirements for
redesignation of the Cincinnati-Hamilton area to attainment of the 1997
annual PM2.5 NAAQS under section 107(d)(3)(E) of the CAA.
EPA is thus proposing to grant Indiana's request to change the
designation of its portion of the Cincinnati-Hamilton area from
nonattainment to attainment for the 1997 annual PM2.5 NAAQS.
If finalized, EPA would determine that the previously approved
maintenance plan is still applicable to the Cincinnati-Hamilton area
for the 1997 annual PM2.5 NAAQS.
In addition, if finalized, according to the Fine Particulate Matter
National Ambient Air Quality Standards: State Implementation Plan
Requirements (81 FR 58009, August 24, 2016), ``for an area that is
redesignated to attainment after the effective date of this final rule,
the 1997 primary annual PM2.5 NAAQS will be revoked in such
an area on the effective date of its redesignation to attainment for
that NAAQS. After revocation of the 1997 primary annual
PM2.5 NAAQS in a given area, the designation for that
standard is no longer in effect.''
VI. Statutory and Executive Order Reviews
Under the CAA, redesignation of an area to attainment and the
[[Page 28447]]
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by state law. A redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the CAA 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 CAA.
Accordingly, this action merely proposes to approve state law as
meeting Federal requirements and, if finalized, will not impose
additional requirements beyond those imposed by state law. For that
reason, these actions:
Are 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);
Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Are 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.);
Do 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);
Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Are 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
Do 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, this rule does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), because
redesignation is an action that affects the status of a geographical
area and does not impose any new regulatory requirements on tribes,
impact any existing sources of air pollution on tribal lands, nor
impair the maintenance of ozone national ambient air quality standards
in tribal lands.
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: June 2, 2017.
Robert Kaplan,
Acting Regional Administrator, Region 5.
[FR Doc. 2017-13065 Filed 6-21-17; 8:45 am]
BILLING CODE 6560-50-P
