Air Plan Approval; Indiana; Commissioner's Orders for A.B. Brown and Clifty Creek, 27330-27332 [2016-10579]
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27330
Federal Register / Vol. 81, No. 88 / Friday, May 6, 2016 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2016–0075; EPA–R05–
OAR–2016–0090; FRL–9946–08–Region 5]
Air Plan Approval; Indiana;
Commissioner’s Orders for A.B. Brown
and Clifty Creek
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing approval of
revisions to the Indiana State
Implementation Plan (SIP) submitted by
the Indiana Department of
Environmental Management (IDEM) to
EPA in parallel process form on January
27, 2016, and February 5, 2016, and
final form on March 21, 2016, and
March 31, 2016. The submittals consist
of orders issued by the Commissioner of
IDEM that require more stringent sulfur
dioxide (SO2) emissions limits than
those currently contained in the SIP for
Vectren’s A.B. Brown Generating
Station (A.B. Brown) and IndianaKentucky Electric Corporation’s Clifty
Creek Generating Station (Clifty Creek).
EPA proposed approval of these
revisions to the Indiana SIP on February
25, 2016 and received no adverse
comments. EPA’s approval of these
revisions makes the Commissioner’s
orders’ SO2 emissions limits and
applicable reporting, recordkeeping, and
compliance demonstration requirements
federally enforceable.
DATES: This final rule is effective on
June 6, 2016.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2016–0075 and
EPA–R05–OAR–2016–0090. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
i.e., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either through
www.regulations.gov or at the
Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We
recommend that you telephone Jenny
Lhorne on DSK30JT082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
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Liljegren, Physical Scientist, at (312)
886–6832 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT:
Jenny Liljegren, Physical Scientist,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6832,
Liljegren.Jennifer@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
I. Why did IDEM issue these commissioner’s
orders?
II. What are the SO2 limits in these
Commissioner’s orders?
III. By what criterion is EPA reviewing this
SIP revision?
IV. What action is EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Why did IDEM issue these
Commissioner’s orders?
IDEM submitted parallel process
revision requests to its SIP on January
27, 2016, and February 5, 2016, for A.B.
Brown and Clifty Creek, respectively,
and final revision requests on March 21,
2016, and March 31, 2016, for Clifty
Creek and A.B. Brown, respectively. The
submittals consist of orders issued by
IDEM’s Commissioner that establish
more stringent SO2 emissions limits
than those currently contained in the
SIP for A.B. Brown and Clifty Creek.
The orders also contain applicable
reporting, recordkeeping, and
compliance demonstration
requirements. Each order contains a
requirement to determine compliance
by the use of a continuous emissions
monitoring system (CEMS), to maintain
records adequate to document
compliance with the SO2 emissions
limits, to submit to IDEM quarterly
reports, and to apply to incorporate
these order requirements, including the
emissions limits, reporting and
recordkeeping requirements, and
methods to determine compliance into
each facility’s Part 70 operating permit,
respectively. IDEM established these
SO2 emissions limits to enable the areas
near A.B. Brown and Clifty Creek to
qualify in the future for being
designated ‘‘attainment’’ of the 2010
primary SO2 National Ambient Air
Quality Standard (NAAQS). Under a
Federal consent decree,1 EPA is
required to designate, under the 2010
SO2 NAAQS, certain areas in the United
1 Sierra Club v. McCarthy, No. 3–13–cv–3953
(N.D.Cal. March 2, 2015).
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States including the areas near A.B.
Brown and Clifty Creek by July 2, 2016.
The history of the 2010 SO2 NAAQS
and the consent decree is explained in
detail in the February 25, 2016 proposed
rule (81 FR 9395).
The purpose of this rulemaking is to
take action on IDEM’s request to
approve these Commissioner’s orders
into the Indiana SIP and thereby make
them federally enforceable. It is not,
however, to take action on whether the
SO2 emissions limits in these
Commissioner’s orders are adequate for
EPA to designate attainment of the 2010
SO2 NAAQS for the areas near A.B.
Brown and Clifty Creek. EPA intends to
designate the areas near the sources that
meet the criteria for the first phase of
the consent decree designations,
including the areas near A.B. Brown and
Clifty Creek, under a separate future
rulemaking, which was the subject of an
EPA proposal on March 1, 2016, ‘‘EPA
Responses to Certain State Designation
Recommendations for the 2010 Sulfur
Dioxide National Ambient Air Quality
Standard: Notice of Availability and
Public Comment Period’’ (81 FR 10563).
Indiana requested that EPA ‘‘parallel
process’’ these SIP revisions to expedite
action on the Commissioner’s orders.
Under this procedure, the state
submitted copies of the draft revision
requests to EPA on January 27, 2016,
and February 5, 2016, for A.B. Brown
and Clifty Creek, respectively, before
completing its public comment process.
EPA published a proposed rulemaking
in the Federal Register (81 FR 9395) and
solicited public comment in
approximately the same timeframe
during which the state solicited public
comment. Indiana received and
responded to comments received during
its public process. EPA received two
comments. One comment supported the
proposed Clifty Creek emissions limit. A
second comment, associated with the
A.B. Brown order, was not germane to
our current action.
Indiana submitted its final SIP
revision requests to EPA on March 21,
2016, and March 31, 2016, for Clifty
Creek and A.B. Brown, respectively.
There were no changes to the original
Commissioner’s Orders (2016–01 and
2016–02). As a result, EPA is proceeding
with this final rulemaking.
II. What are the SO2 limits in these
Commissioner’s orders?
For A.B. Brown, Indiana issued
Commissioner’s Order 2016–01 on
January 11, 2016, with a compliance
date of April 19, 2016. This order
established two new limits for A.B.
Brown: One limit for Unit 1 when
running alone and one limit for Units 1
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and 2 when running simultaneously.
The emissions limits are 0.855 lbs of
SO2 per MMBTU for coal-fired boiler
Unit 1 operating alone and 0.426 lbs of
SO2 per MMBTU for Units 1 and 2
operating simultaneously. These limits
supplement a limit contained in a
February 22, 1979, Prevention of
Significant Deterioration (PSD) permit
of 0.69 pounds per MMBTU for coalfired boiler Unit 2.
For Clifty Creek, Indiana issued
Commissioner’s Order 2016–02 on
February 1, 2016, with a compliance
date of April 19, 2016. This order
established a combined emission limit
for the six coal-fired boilers (Units No.
1 through No. 6) located at Clifty Creek
of 2,624.5 lbs of SO2 per hour as a 720
operating hour rolling average when any
of Units No.1 through No. 6, or any
combination thereof, is operating.
III. By what criterion is EPA reviewing
this SIP revision?
EPA is evaluating these revisions on
the basis of whether they strengthen
Indiana’s SIP. Prior to Commissioner’s
Order 2016–01, A.B. Brown had an SO2
emissions limit in its operating permit
of 6.0 lbs SO2 per MMBTU for coal-fired
boiler Unit 1. Prior to Commissioner’s
Order 2016–02 Clifty Creek had an SO2
emissions limit in its operating permit
for Units 1 through 6 not to exceed 7.52
lbs of SO2 per MMBTU on a thirty (30)
day rolling weighted average. The new
SO2 emissions limits established by
IDEM in Commissioner’s Order 2016–01
and Commissioner’s Order 2016–02 for
A.B. Brown and Clifty Creek,
respectively, are substantially more
stringent than the previous limits and
will therefore strengthen Indiana’s SIP.
The adequacy of these limits for
providing for attainment of the 2010
primary SO2 NAAQS is not a
prerequisite for approval of these limits.
Nevertheless, the purpose of these limits
is to provide for attainment, and the
adequacy of these limits for this purpose
is addressed in a separate rulemaking
(81 FR 10563). On February 16, 2016,
EPA wrote a letter to Indiana stating that
we intended to designate the areas near
A.B. Brown and Clifty Creek as
nonattainment in the absence of
federally enforceable limits. The letter
also stated that if the limits in the
Commissioner’s orders (2016–01 and
2016–02) were made federally
enforceable, EPA anticipated that we
would designate suitable portions of
Posey county and Jefferson county as
attainment/unclassifiable. EPA solicited
public comments on this proposal (81
FR 10563), and EPA intends to make
final the designation determinations for
the areas of the country addressed by
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these responses, including the areas
near A.B. Brown and Clifty Creek, no
later than July 2, 2016. EPA received
adverse comments pertaining, among
other things, to the portion of this
rulemaking that indicated that the A.B.
Brown and Clifty Creek proposed limits,
if made federally enforceable, would
suffice to justify an attainment/
unclassifiable designation. EPA is
currently reviewing these and other
comments received regarding that
proposal.
IV. What action is EPA taking?
EPA is finalizing approval of
Commissioner’s Order 2016–01 and
Commissioner’s Order 2016–02 into the
Indiana SIP. EPA confirms that the SO2
emissions limits in these orders for A.B.
Brown (Commissioner’s Order 2016–01)
and Clifty Creek (Commissioner’s Order
2016–02) are more stringent than the
current SIP SO2 emissions limits for
these sources. By approving these
Commissioner’s orders into the Indiana
SIP, these SO2 emissions limits and
applicable reporting, recordkeeping, and
compliance demonstration requirements
contained in the orders become
federally enforceable and strengthen the
Indiana SIP.
V. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of the Indiana
Administrative Code described in the
amendments to 40 CFR part 52 set forth
below. EPA has made, and will continue
to make, these documents generally
available electronically through
www.regulations.gov and/or in hard
copy at the appropriate EPA office (see
the ADDRESSES section of this preamble
for more information).
VI. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Clean Air Act (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 approves state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
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27331
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
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Federal Register / Vol. 81, No. 88 / Friday, May 6, 2016 / Rules and Regulations
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by July 5, 2016. Filing a petition
for reconsideration by the Administrator
of this final rule does not affect the
finality of this action for the purposes of
judicial review nor does it extend the
time within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
List of Subjects in 40 CFR Part 52
■
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements, Sulfur oxides.
■
Dated: April 27, 2016.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
1. The authority citation for part 52
continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
2. In § 52.770 the table in paragraph
(d) is amended by adding new entries
for ‘‘A.B. Brown Generating Station’’
and ‘‘Clifty Creek Generating Station’’,
to read as follows:
§ 52.770
40 CFR part 52 is amended as follows:
*
Identification of plan.
*
*
(d) * * *
*
*
EPA-APPROVED INDIANA SOURCE-SPECIFIC PROVISIONS
CO date
Title
*
*
1/11/2016 ...............
2/1/2016 .................
*
*
SIP rule
*
*
EPA approval
*
A.B. Brown Generating Station.
Clifty Creek Generating Station.
N.A.
N.A.
*
Explanation
*
*
5/6/16, [insert Federal Register citation].
5/6/16, [insert Federal Register citation].
Limitation intended to support attainment designation.
This regulation is effective May
6, 2016. Objections and requests for
hearings must be received on or before
July 5, 2016, and must be filed in
accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2014–0591, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
ADDRESSES:
[EPA–HQ–OPP–2014–0591; FRL–9945–28]
Methoxyfenozide; Pesticide Tolerances
for Emergency Exemptions
Environmental Protection
Agency (EPA).
AGENCY:
ACTION:
Final rule.
This regulation establishes
time-limited tolerances for residues of
methoxyfenozide in or on rice, grain
and rice, bran resulting from use of
methoxyfenozide in accordance with
the terms of an emergency exemption
issued under section 18 of the Federal
Insecticide, Fungicide, and Rodenticide
Act (FIFRA). This action is in response
to the California Department of
Pesticide Regulation’s issuance of a
crisis emergency exemption under
FIFRA section 18 authorizing use of the
pesticide on rice, bran and rice, grain.
This time-limited tolerance regulation
establishes a maximum permissible
level for residues of methoxyfenozide in
or on these commodities. These timelimited tolerances expire on December
31, 2019.
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SUMMARY:
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FOR FURTHER INFORMATION CONTACT:
Susan Lewis, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; main telephone
number: (703) 305–7090; email address:
RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
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*
Limitation intended to support attainment designation.
DATES:
[FR Doc. 2016–10579 Filed 5–5–16; 8:45 am]
*
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of 40 CFR part 180
through the Government Printing
Office’s e-CFR site at https://
www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/
40tab_02.tpl.
C. How can I file an objection or hearing
request?
Under section 408(g) of the Federal
Food, Drug, and Cosmetic Act (FFDCA),
21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
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Agencies
[Federal Register Volume 81, Number 88 (Friday, May 6, 2016)]
[Rules and Regulations]
[Pages 27330-27332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10579]
[[Page 27330]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2016-0075; EPA-R05-OAR-2016-0090; FRL-9946-08-Region 5]
Air Plan Approval; Indiana; Commissioner's Orders for A.B. Brown
and Clifty Creek
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is finalizing
approval of revisions to the Indiana State Implementation Plan (SIP)
submitted by the Indiana Department of Environmental Management (IDEM)
to EPA in parallel process form on January 27, 2016, and February 5,
2016, and final form on March 21, 2016, and March 31, 2016. The
submittals consist of orders issued by the Commissioner of IDEM that
require more stringent sulfur dioxide (SO2) emissions limits
than those currently contained in the SIP for Vectren's A.B. Brown
Generating Station (A.B. Brown) and Indiana-Kentucky Electric
Corporation's Clifty Creek Generating Station (Clifty Creek). EPA
proposed approval of these revisions to the Indiana SIP on February 25,
2016 and received no adverse comments. EPA's approval of these
revisions makes the Commissioner's orders' SO2 emissions
limits and applicable reporting, recordkeeping, and compliance
demonstration requirements federally enforceable.
DATES: This final rule is effective on June 6, 2016.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2016-0075 and EPA-R05-OAR-2016-0090. All documents in
the docket are listed on the www.regulations.gov Web site. Although
listed in the index, some information is not publicly available, i.e.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either through www.regulations.gov or at the
Environmental Protection Agency, Region 5, Air and Radiation Division,
77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
Federal holidays. We recommend that you telephone Jenny Liljegren,
Physical Scientist, at (312) 886-6832 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT: Jenny Liljegren, Physical Scientist,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-6832,
Liljegren.Jennifer@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. Why did IDEM issue these commissioner's orders?
II. What are the SO2 limits in these Commissioner's
orders?
III. By what criterion is EPA reviewing this SIP revision?
IV. What action is EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Why did IDEM issue these Commissioner's orders?
IDEM submitted parallel process revision requests to its SIP on
January 27, 2016, and February 5, 2016, for A.B. Brown and Clifty
Creek, respectively, and final revision requests on March 21, 2016, and
March 31, 2016, for Clifty Creek and A.B. Brown, respectively. The
submittals consist of orders issued by IDEM's Commissioner that
establish more stringent SO2 emissions limits than those
currently contained in the SIP for A.B. Brown and Clifty Creek. The
orders also contain applicable reporting, recordkeeping, and compliance
demonstration requirements. Each order contains a requirement to
determine compliance by the use of a continuous emissions monitoring
system (CEMS), to maintain records adequate to document compliance with
the SO2 emissions limits, to submit to IDEM quarterly
reports, and to apply to incorporate these order requirements,
including the emissions limits, reporting and recordkeeping
requirements, and methods to determine compliance into each facility's
Part 70 operating permit, respectively. IDEM established these
SO2 emissions limits to enable the areas near A.B. Brown and
Clifty Creek to qualify in the future for being designated
``attainment'' of the 2010 primary SO2 National Ambient Air
Quality Standard (NAAQS). Under a Federal consent decree,\1\ EPA is
required to designate, under the 2010 SO2 NAAQS, certain
areas in the United States including the areas near A.B. Brown and
Clifty Creek by July 2, 2016. The history of the 2010 SO2
NAAQS and the consent decree is explained in detail in the February 25,
2016 proposed rule (81 FR 9395).
---------------------------------------------------------------------------
\1\ Sierra Club v. McCarthy, No. 3-13-cv-3953 (N.D.Cal. March 2,
2015).
---------------------------------------------------------------------------
The purpose of this rulemaking is to take action on IDEM's request
to approve these Commissioner's orders into the Indiana SIP and thereby
make them federally enforceable. It is not, however, to take action on
whether the SO2 emissions limits in these Commissioner's
orders are adequate for EPA to designate attainment of the 2010
SO2 NAAQS for the areas near A.B. Brown and Clifty Creek.
EPA intends to designate the areas near the sources that meet the
criteria for the first phase of the consent decree designations,
including the areas near A.B. Brown and Clifty Creek, under a separate
future rulemaking, which was the subject of an EPA proposal on March 1,
2016, ``EPA Responses to Certain State Designation Recommendations for
the 2010 Sulfur Dioxide National Ambient Air Quality Standard: Notice
of Availability and Public Comment Period'' (81 FR 10563).
Indiana requested that EPA ``parallel process'' these SIP revisions
to expedite action on the Commissioner's orders. Under this procedure,
the state submitted copies of the draft revision requests to EPA on
January 27, 2016, and February 5, 2016, for A.B. Brown and Clifty
Creek, respectively, before completing its public comment process. EPA
published a proposed rulemaking in the Federal Register (81 FR 9395)
and solicited public comment in approximately the same timeframe during
which the state solicited public comment. Indiana received and
responded to comments received during its public process. EPA received
two comments. One comment supported the proposed Clifty Creek emissions
limit. A second comment, associated with the A.B. Brown order, was not
germane to our current action.
Indiana submitted its final SIP revision requests to EPA on March
21, 2016, and March 31, 2016, for Clifty Creek and A.B. Brown,
respectively. There were no changes to the original Commissioner's
Orders (2016-01 and 2016-02). As a result, EPA is proceeding with this
final rulemaking.
II. What are the SO2 limits in these Commissioner's orders?
For A.B. Brown, Indiana issued Commissioner's Order 2016-01 on
January 11, 2016, with a compliance date of April 19, 2016. This order
established two new limits for A.B. Brown: One limit for Unit 1 when
running alone and one limit for Units 1
[[Page 27331]]
and 2 when running simultaneously. The emissions limits are 0.855 lbs
of SO2 per MMBTU for coal-fired boiler Unit 1 operating
alone and 0.426 lbs of SO2 per MMBTU for Units 1 and 2
operating simultaneously. These limits supplement a limit contained in
a February 22, 1979, Prevention of Significant Deterioration (PSD)
permit of 0.69 pounds per MMBTU for coal-fired boiler Unit 2.
For Clifty Creek, Indiana issued Commissioner's Order 2016-02 on
February 1, 2016, with a compliance date of April 19, 2016. This order
established a combined emission limit for the six coal-fired boilers
(Units No. 1 through No. 6) located at Clifty Creek of 2,624.5 lbs of
SO2 per hour as a 720 operating hour rolling average when
any of Units No.1 through No. 6, or any combination thereof, is
operating.
III. By what criterion is EPA reviewing this SIP revision?
EPA is evaluating these revisions on the basis of whether they
strengthen Indiana's SIP. Prior to Commissioner's Order 2016-01, A.B.
Brown had an SO2 emissions limit in its operating permit of
6.0 lbs SO2 per MMBTU for coal-fired boiler Unit 1. Prior to
Commissioner's Order 2016-02 Clifty Creek had an SO2
emissions limit in its operating permit for Units 1 through 6 not to
exceed 7.52 lbs of SO2 per MMBTU on a thirty (30) day
rolling weighted average. The new SO2 emissions limits
established by IDEM in Commissioner's Order 2016-01 and Commissioner's
Order 2016-02 for A.B. Brown and Clifty Creek, respectively, are
substantially more stringent than the previous limits and will
therefore strengthen Indiana's SIP.
The adequacy of these limits for providing for attainment of the
2010 primary SO2 NAAQS is not a prerequisite for approval of
these limits. Nevertheless, the purpose of these limits is to provide
for attainment, and the adequacy of these limits for this purpose is
addressed in a separate rulemaking (81 FR 10563). On February 16, 2016,
EPA wrote a letter to Indiana stating that we intended to designate the
areas near A.B. Brown and Clifty Creek as nonattainment in the absence
of federally enforceable limits. The letter also stated that if the
limits in the Commissioner's orders (2016-01 and 2016-02) were made
federally enforceable, EPA anticipated that we would designate suitable
portions of Posey county and Jefferson county as attainment/
unclassifiable. EPA solicited public comments on this proposal (81 FR
10563), and EPA intends to make final the designation determinations
for the areas of the country addressed by these responses, including
the areas near A.B. Brown and Clifty Creek, no later than July 2, 2016.
EPA received adverse comments pertaining, among other things, to the
portion of this rulemaking that indicated that the A.B. Brown and
Clifty Creek proposed limits, if made federally enforceable, would
suffice to justify an attainment/unclassifiable designation. EPA is
currently reviewing these and other comments received regarding that
proposal.
IV. What action is EPA taking?
EPA is finalizing approval of Commissioner's Order 2016-01 and
Commissioner's Order 2016-02 into the Indiana SIP. EPA confirms that
the SO2 emissions limits in these orders for A.B. Brown
(Commissioner's Order 2016-01) and Clifty Creek (Commissioner's Order
2016-02) are more stringent than the current SIP SO2
emissions limits for these sources. By approving these Commissioner's
orders into the Indiana SIP, these SO2 emissions limits and
applicable reporting, recordkeeping, and compliance demonstration
requirements contained in the orders become federally enforceable and
strengthen the Indiana SIP.
V. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Indiana
Administrative Code described in the amendments to 40 CFR part 52 set
forth below. EPA has made, and will continue to make, these documents
generally available electronically through www.regulations.gov and/or
in hard copy at the appropriate EPA office (see the ADDRESSES section
of this preamble for more information).
VI. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Clean Air Act (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 approves state law as meeting Federal requirements
and does not impose additional requirements beyond those imposed by
state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it
[[Page 27332]]
is published in the Federal Register. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by July 5, 2016. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: April 27, 2016.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. In Sec. 52.770 the table in paragraph (d) is amended by adding new
entries for ``A.B. Brown Generating Station'' and ``Clifty Creek
Generating Station'', to read as follows:
Sec. 52.770 Identification of plan.
* * * * *
(d) * * *
EPA-Approved Indiana Source-Specific Provisions
----------------------------------------------------------------------------------------------------------------
CO date Title SIP rule EPA approval Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
1/11/2016..................... A.B. Brown N.A. 5/6/16, [insert Limitation intended to support
Generating Federal Register attainment designation.
Station. citation].
2/1/2016...................... Clifty Creek N.A. 5/6/16, [insert Limitation intended to support
Generating Federal Register attainment designation.
Station. citation].
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2016-10579 Filed 5-5-16; 8:45 am]
BILLING CODE 6560-50-P