Air Plan Approval; Indiana; Commissioner's Order for Carmeuse Lime, Inc., 21708-21711 [2017-09382]
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EPA-APPROVED TENNESSEE NON-REGULATORY PROVISIONS
Applicable
geographic
or nonattainment area
Name of non-regulatory SIP provision
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110(a)(1) and (2) Infrastructure Requirements for the 2012 Annual PM2.5
NAAQS.
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Tennessee ..
[FR Doc. 2017–09390 Filed 5–9–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2016–0707; FRL–9962–09Region 5]
Air Plan Approval; Indiana;
Commissioner’s Order for Carmeuse
Lime, Inc.
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving, as a revision
to the Indiana State Implementation
Plan (SIP), a submittal from the Indiana
Department of Environmental
Management (IDEM) to EPA, dated
December 22, 2016. The submittal
consists of an order issued by the
Commissioner of IDEM that establishes
permanent and enforceable sulfur
dioxide (SO2) emission limits for
Carmeuse Lime, Inc. (Carmeuse),
applicable to its Gary, Indiana lime
manufacturing plant. IDEM submitted
this order so the area near Carmeuse can
be designated ‘‘attainment’’ of the 2010
primary SO2 National Ambient Air
Quality Standards (NAAQS), a matter
that will be addressed in a separate
future rulemaking. EPA’s approval of
this order would make these SO2
emission limits and applicable
reporting, recordkeeping, and
compliance demonstration requirements
part of the federally enforceable Indiana
SIP.
DATES: This direct final rule will be
effective July 10, 2017, unless EPA
receives adverse comments by June 9,
2017. If adverse comments are received,
EPA will publish a timely withdrawal of
the direct final rule in the Federal
Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID Nos. EPA–R05–
OAR–2016–0707 at https://
www.regulations.gov or via email to
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SUMMARY:
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State
effective date
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11/19/2015
EPA
approval date
Explanation
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5/10/2017, [Insert citation of publication].
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With the exception of interstate transport
requirements of section 110(a)(2)(D)(i)(I)
and (II) (prongs 1, 2 and 4).
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:
Joseph Ko, Environmental Engineer,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–7947,
ko.joseph@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 this commissioner’s
order?
II. What are the SO2 limits in this
commissioner’s order?
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
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I. Why did IDEM issue this
commissioner’s orders?
On December 22, 2016, IDEM
submitted for approval, as a revision to
the Indiana SIP, an order issued by
IDEM’s Commissioner that establishes
SO2 emission limits for Carmeuse. SO2
emission limits for Carmeuse previously
did not exist in the Indiana SIP. IDEM
established these emission limits so the
area near Carmeuse can qualify in the
future for being designated ‘‘attainment’’
of the 2010 primary SO2 NAAQS. The
history of the 2010 SO2 NAAQS and the
applicable Data Requirements Rule
(DRR) is explained below in order to
provide a more detailed explanation of
the context for IDEM’s request.
On June 3, 2010, pursuant to section
109 of the Clean Air Act (CAA), EPA
revised the primary (health-based) SO2
NAAQS by establishing a new one-hour
standard codified at title 40 Code of
Federal Regulations (CFR) section 51.17
(75 FR 35520). Pursuant to section
107(d) of the CAA, EPA must designate
areas as either ‘‘unclassifiable,’’
‘‘attainment,’’ or ‘‘nonattainment’’ for
the 2010 one-hour SO2 primary NAAQS.
Under Section 107(d) of the CAA, a
nonattainment area is any area that does
not meet the NAAQS or that contributes
to a violation in a nearby area. An
attainment area is any area, other than
a nonattainment area, that meets the
NAAQS. Unclassifiable areas are those
that cannot be classified on the basis of
available information as meeting or not
meeting the NAAQS.
On August 5, 2013, EPA published a
final rule designating 29 areas in the
United States as nonattainment for the
2010 SO2 NAAQS, based on recorded
air quality monitoring data from 2009–
2011 that showed violations of the
NAAQS (78 FR 47191). In that
rulemaking, EPA committed to address,
in separate future actions, the
designations for all other areas for
which EPA was not yet prepared to
issue designations.
Following the initial August 5, 2013,
designations, three lawsuits were filed
against EPA in different U.S. District
Courts, alleging that EPA had failed to
perform a nondiscretionary duty under
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the CAA by not designating all portions
of the country by June 2013, three years
after the promulgation of the revised
SO2 NAAQS, as required by Section
107(d) of the CAA. In an effort intended
to resolve the litigation in one of those
cases, plaintiffs Sierra Club and the
Natural Resources Defense Council and
EPA filed a proposed consent decree
with the U.S. District Court for the
Northern District of California. On
March 2, 2015, the Court entered the
consent decree and issued an
enforceable order for EPA to complete
the area designations according to the
Court-ordered schedule.1 The consent
decree required EPA to complete the
designations in three additional rounds
following EPA’s original designations
(Round 1): Round 2 by July 2, 2016,
Round 3 by December 31, 2017, and
Round 4 by December 31, 2020. This
action falls within Round 3 of the
designation process.
Under the DRR (80 FR 51052), each
state air agency was required to submit
a list to the EPA by January 15, 2016,
that identified all sources within the
state that had SO2 emissions exceeding
2,000 tons per year (tpy) during the
most recent year for which emissions
data for those sources were available,
plus any additional sources and their
associated areas identified by the air
agency or by the EPA as also warranting
air quality characterization due to their
potential to contribute to an SO2
NAAQS violation.
Carmeuse’s lime manufacturing plant
was not identified by IDEM as one of the
sources covered by the DRR since the
SO2 emissions from the facility did not
exceed 2,000 tpy; but IDEM determined
that emissions from the plant could
adversely impact overall SO2 air quality
for Lake County. Based on modeling
conducted by Indiana in accordance
with EPA’s Draft SO2 NAAQS
Designations Modeling Technical
Assistance Document,2 these emission
limits in the Commissioner’s Order will
ensure modeled attainment of the 2010
SO2 NAAQS. IDEM conducted air
dispersion modeling using the
American Meteorological Society/
Environmental Protection Agency
Regulatory Model (AERMOD) version
15181 in accordance with appendix W
of 40 CFR part 51 to determine SO2
emission limits for Carmeuse that will
ensure modeled attainment of the 2010
1 Sierra Club et al. v. EPA, No. 3:13–cv–3953–SI
(N.D.Cal.)
2 Draft SO NAAQS Designations Modeling
2
Technical Assistance Document. December 2013.
https://www3.epa.gov/airquality/sulfurdioxide/pdfs/
SO2ModelingTAD.pdf.
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SO2 NAAQS in the area near this
facility.
IDEM has requested that EPA approve
Commissioner’s Order 2016–04 for
Carmeuse as part of the Indiana’s SIP. If
EPA approves the SO2 emission limits
contained in these orders, they will
become federally enforceable. Once
these SO2 emission limits have become
federally enforceable, IDEM intends to
use them to demonstrate modeled
attainment for the 2010 SO2 NAAQS for
the area near Carmeuse. To be clear, the
purpose of this rulemaking is to take
action on IDEM’s request to approve
these SO2 emission limits into the
Indiana SIP and thereby make them
federally enforceable. The purpose of
this rulemaking is not to take action on
whether these SO2 emission limits are
adequate for EPA to designate
attainment of the 2010 SO2 NAAQS for
the area near Carmeuse. EPA intends to
complete 2010 SO2 NAAQS
designations for areas under the Federal
consent decree deadlines, including the
area near Carmeuse, in separate
rulemakings.
II. What are the SO2 limits in this
commissioner’s orders?
Indiana issued Commissioner’s Order
2016–04 on November 15, 2016, with an
effective date of 18 days after issuance.
This order established SO2 emission
limits for five kilns (with six stacks per
kiln) at the Carmeuse facility. Modeling
for the Commissioner’s Order showed
that an emission limit of 12.0 pounds
per hour of SO2 for each kiln, or 2.0
pounds per hour for each stack, would
ensure attainment of the 2010 SO2
NAAQS. Indiana calculated a rolling
720-operating-hour average limit of 9.48
pounds per hour for each kiln, based on
a flat averaging ratio of 0.79
recommended in EPA’s Guidance for 1hour SO2 Nonattainment Area SIP
Submission. This limit has a comparable
stringency to an hourly emission limit.
The Commissioner’s Order requires that
Carmeuse comply with this rolling 720operating-hour average limit of 9.48
pound per hour per kiln, beginning
seven days from the issuance of the
permit modification required to allow
the use of natural gas within the affected
kilns.
III. By what criterion is EPA reviewing
this SIP revision?
EPA has evaluated this revision on
the basis of whether it strengthens
Indiana’s SIP. Prior to Commissioner’s
Order 2016–04, there were no specific
SO2 emission limitations in the SIP
applicable to Carmeuse, nor were there
any applicable SO2 limits identified in
its part 70 Operating Permit. The SO2
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emission limits in Commissioner’s
Order 2016–04 for Carmeuse establish
permanent and federally enforceable
limits, and should, therefore, strengthen
Indiana’s SIP.
The adequacy of these limits for
providing for attainment is not a
prerequisite for approval of these limits.
Nevertheless, the purpose of these limits
is ultimately to provide for attainment,
and EPA is working with Indiana to
assure a proper analysis of the adequacy
of these limits for this purpose.
IV. What action is EPA taking?
EPA is approving Commissioner’s
Order 2016–04 as part of the Indiana
SIP. Incorporating the order’s SO2
emission limits and related
requirements for Carmeuse as part of the
SIP strengthens Indiana’s SIP, which
did not have any specific SO2 emission
limits for Carmeuse previously. By
approving the Commissioner’s Order
into the Indiana SIP, these SO2 emission
limits and applicable reporting,
recordkeeping, and compliance
demonstration requirements contained
in the order would become federally
enforceable, and strengthen the Indiana
SIP.
We are publishing this action without
prior proposal because we view this as
a noncontroversial amendment and
anticipate no adverse comments.
However, in the proposed rules section
of this Federal Register publication, we
are publishing a separate document that
will serve as the proposal to approve the
state plan if relevant adverse written
comments are filed. This rule will be
effective July 10, 2017 without further
notice unless we receive relevant
adverse written comments by June 9,
2017. If we receive such comments, we
will withdraw this action before the
effective date by publishing a
subsequent document that will
withdraw the final action. All public
comments received will then be
addressed in a subsequent final rule
based on the proposed action. EPA will
not institute a second comment period.
Any parties interested in commenting
on this action should do so at this time.
Please note that if EPA receives adverse
comment on an amendment, paragraph,
or section of this rule and if that
provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment. If we do not receive any
comments, this action will be effective
July 10, 2017.
V. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
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incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of the Indiana
Commissioner’s Order described in the
amendments to 40 CFR part 52 set forth
below. Therefore, these materials have
been approved by EPA for inclusion in
the State implementation plan, have
been incorporated by reference by EPA
into that plan, are fully federally
enforceable under sections 110 and 113
of the CAA as of the effective date of the
final rulemaking of EPA’s approval, and
will be incorporated by reference by the
Director of the Federal Register in the
next update to the SIP compilation.3
EPA has made, and will continue to
make, these documents generally
available through www.regulations.gov,
and/or at the EPA Region 5 Office
(please contact the person identified in
the ‘‘For Further Information Contact’’
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
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
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 10, 2017. 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. Parties with objections to this
direct final rule are encouraged to file a
comment in response to the parallel
notice of proposed rulemaking for this
action published in the proposed rules
section of today’s Federal Register,
rather than file an immediate petition
for judicial review of this direct final
rule, so that EPA can withdraw this
direct final rule and address the
comment in the proposed rulemaking.
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, 2017.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
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 a new entry
for ‘‘Carmeuse Lime Inc.’’ to read as
follows:
■
§ 52.770
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Identification of plan.
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(d) * * *
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EPA-APPROVED INDIANA SOURCE-SPECIFIC PROVISIONS
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CO date
Title
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11/16/2016 ........
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Carmeuse Lime Inc ......................
3 62
SIP rule
EPA approval
Explanation
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N.A ................... 5/10/2017, [Insert Federal Register citation].
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Limitation intended to support attainment designation.
FR 27968 (May 22, 1997).
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EPA-APPROVED INDIANA SOURCE-SPECIFIC PROVISIONS—Continued
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Title
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SIP rule
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DATES:
2017.
BILLING CODE 6560–50–P
ADDRESSES:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–HQ–OAR–2016–0515; FRL–9962–25–
OAR]
RIN 2060–AT24
Determinations of Attainment by the
Attainment Date, Determinations of
Failure To Attain by the Attainment
Date and Reclassification for Certain
Nonattainment Areas for the 2006 24Hour Fine Particulate Matter National
Ambient Air Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is making final
determinations of attainment by the
attainment date and determinations of
failure to attain by the attainment date
for ten nonattainment areas currently
classified as ‘‘Moderate’’ for the 2006
24-hour fine particulate matter (PM2.5)
National Ambient Air Quality Standards
(NAAQS). Specifically, the EPA is
determining that seven areas attained
the 2006 24-hour PM2.5 NAAQS by
December 31, 2015, based on complete,
quality-assured and certified PM2.5
monitoring data for 2013 to 2015. The
EPA is also determining that three areas
failed to attain the 2006 24-hour PM2.5
NAAQS by December 31, 2015. Upon
the effective date of such determinations
of failure to attain the NAAQS, these
three areas will be reclassified as
‘‘Serious’’ for the 2006 24-hour PM2.5
NAAQS by operation of law. States with
jurisdiction over these nonattainment
areas reclassified to Serious are required
to submit State Implementation Plan
(SIP) revisions that comply with the
statutory and regulatory requirements
for 2006 24-hour PM2.5 NAAQS
nonattainment areas classified as
Serious. In this action, the EPA is not
making any final determination
regarding its proposed determination for
the Logan, Utah-Idaho, nonattainment
area.
SUMMARY:
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The EPA has established a
docket, identified by Docket ID No.
EPA–HQ–OAR–2016–0515, that can be
found online at https://
www.regulations.gov. Although listed in
the index, some information may not be
publicly available, e.g., Confidential
Business Information or other
information disclosure of which 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 electronically
through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Ms.
Leigh Herrington, Office of Air Quality
Planning and Standards, Air Quality
Policy Division, Mail code C539–01,
Research Triangle Park, NC 27711,
telephone (919) 541–0882; fax number:
(919) 541–5315; email address:
herrington.leigh@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
Entities affected by this action include
six states with one or more areas
designated nonattainment and classified
as ‘‘Moderate’’ for the 2006 24-hour
PM2.5 NAAQS. Entities potentially
affected indirectly by this action include
owners or operators of sources of
emissions of direct PM2.5 or PM2.5
precursors (ammonia, nitrogen oxides,
sulfur dioxide and volatile organic
compounds) that contribute to PM2.5
levels within the designated
nonattainment areas the EPA is
addressing in this action.
B. Where can I get a copy of this
document and other related
information?
In addition to being available in the
docket, an electronic copy of this notice
will be posted at https://www.epa.gov/
pm-pollution/particulate-matter-pmimplementation-regulatory-actions.
C. How is this document organized?
I. General Information
A. Does this action apply to me?
B. Where can I get a copy of this document
and other related information?
C. How is this document organized?
II. Proposed Actions
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Explanation
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This rule is effective June 9,
[FR Doc. 2017–09382 Filed 5–9–17; 8:45 am]
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III. Final Actions
A. Determinations of Attainment by the
Attainment Date
B. Determinations of Failure To Attain by
the Attainment Date and Reclassification
to Serious
C. Public Comments
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act
(UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer and
Advancement Act (NTTAA)
J. Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations
K. Congressional Review Act (CRA)
L. Judicial Review
II. Proposed Actions
On December 16, 2016 (81 FR 91088),
the EPA proposed to find that seven
nonattainment areas classified as
Moderate attained the 2006 24-hour
PM2.5 NAAQS by the applicable
attainment date of December 31, 2015,
based on complete, quality-assured and
certified PM2.5 monitoring data for the
3-year period of 2013 to 2015.1 The
seven designated nonattainment areas
are: (1) Chico, California; (2) Imperial
County, California; (3) KnoxvilleSevierville-La Follette, Tennessee; (4)
Liberty-Clairton, Pennsylvania; (5)
Nogales, Arizona; (6) Sacramento,
California; and, (7) San Francisco Bay
Area, California.2
1 An area’s design value for the 24-hour PM
2.5
NAAQS is the highest of the 3-year average of
annual 98th percentile 24-hour average PM2.5 mass
concentration values recorded at any eligible
monitoring site (40 CFR part 50, Appendix N,
1.0(c)(2)).
2 Note that there are three 2006 PM
2.5 NAAQS
Moderate nonattainment areas not addressed in that
proposal or this final action: (1) Klamath Falls, OR;
(2) Oakridge, OR; and (3) West Central Pinal, AZ.
For the Klamath Falls, OR, nonattainment area, the
EPA issued a determination of attainment by the
attainment date of December 31, 2014, on June 6,
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Agencies
[Federal Register Volume 82, Number 89 (Wednesday, May 10, 2017)]
[Rules and Regulations]
[Pages 21708-21711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09382]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2016-0707; FRL-9962-09-Region 5]
Air Plan Approval; Indiana; Commissioner's Order for Carmeuse
Lime, Inc.
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving, as a
revision to the Indiana State Implementation Plan (SIP), a submittal
from the Indiana Department of Environmental Management (IDEM) to EPA,
dated December 22, 2016. The submittal consists of an order issued by
the Commissioner of IDEM that establishes permanent and enforceable
sulfur dioxide (SO2) emission limits for Carmeuse Lime, Inc.
(Carmeuse), applicable to its Gary, Indiana lime manufacturing plant.
IDEM submitted this order so the area near Carmeuse can be designated
``attainment'' of the 2010 primary SO2 National Ambient Air
Quality Standards (NAAQS), a matter that will be addressed in a
separate future rulemaking. EPA's approval of this order would make
these SO2 emission limits and applicable reporting,
recordkeeping, and compliance demonstration requirements part of the
federally enforceable Indiana SIP.
DATES: This direct final rule will be effective July 10, 2017, unless
EPA receives adverse comments by June 9, 2017. If adverse comments are
received, EPA will publish a timely withdrawal of the direct final rule
in the Federal Register informing the public that the rule will not
take effect.
ADDRESSES: Submit your comments, identified by Docket ID Nos. EPA-R05-
OAR-2016-0707 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: Joseph Ko, Environmental Engineer,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-7947, ko.joseph@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 this commissioner's order?
II. What are the SO2 limits in this commissioner's order?
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 this commissioner's orders?
On December 22, 2016, IDEM submitted for approval, as a revision to
the Indiana SIP, an order issued by IDEM's Commissioner that
establishes SO2 emission limits for Carmeuse. SO2
emission limits for Carmeuse previously did not exist in the Indiana
SIP. IDEM established these emission limits so the area near Carmeuse
can qualify in the future for being designated ``attainment'' of the
2010 primary SO2 NAAQS. The history of the 2010
SO2 NAAQS and the applicable Data Requirements Rule (DRR) is
explained below in order to provide a more detailed explanation of the
context for IDEM's request.
On June 3, 2010, pursuant to section 109 of the Clean Air Act
(CAA), EPA revised the primary (health-based) SO2 NAAQS by
establishing a new one-hour standard codified at title 40 Code of
Federal Regulations (CFR) section 51.17 (75 FR 35520). Pursuant to
section 107(d) of the CAA, EPA must designate areas as either
``unclassifiable,'' ``attainment,'' or ``nonattainment'' for the 2010
one-hour SO2 primary NAAQS. Under Section 107(d) of the CAA,
a nonattainment area is any area that does not meet the NAAQS or that
contributes to a violation in a nearby area. An attainment area is any
area, other than a nonattainment area, that meets the NAAQS.
Unclassifiable areas are those that cannot be classified on the basis
of available information as meeting or not meeting the NAAQS.
On August 5, 2013, EPA published a final rule designating 29 areas
in the United States as nonattainment for the 2010 SO2
NAAQS, based on recorded air quality monitoring data from 2009-2011
that showed violations of the NAAQS (78 FR 47191). In that rulemaking,
EPA committed to address, in separate future actions, the designations
for all other areas for which EPA was not yet prepared to issue
designations.
Following the initial August 5, 2013, designations, three lawsuits
were filed against EPA in different U.S. District Courts, alleging that
EPA had failed to perform a nondiscretionary duty under
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the CAA by not designating all portions of the country by June 2013,
three years after the promulgation of the revised SO2 NAAQS,
as required by Section 107(d) of the CAA. In an effort intended to
resolve the litigation in one of those cases, plaintiffs Sierra Club
and the Natural Resources Defense Council and EPA filed a proposed
consent decree with the U.S. District Court for the Northern District
of California. On March 2, 2015, the Court entered the consent decree
and issued an enforceable order for EPA to complete the area
designations according to the Court-ordered schedule.\1\ The consent
decree required EPA to complete the designations in three additional
rounds following EPA's original designations (Round 1): Round 2 by July
2, 2016, Round 3 by December 31, 2017, and Round 4 by December 31,
2020. This action falls within Round 3 of the designation process.
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\1\ Sierra Club et al. v. EPA, No. 3:13-cv-3953-SI (N.D.Cal.)
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Under the DRR (80 FR 51052), each state air agency was required to
submit a list to the EPA by January 15, 2016, that identified all
sources within the state that had SO2 emissions exceeding
2,000 tons per year (tpy) during the most recent year for which
emissions data for those sources were available, plus any additional
sources and their associated areas identified by the air agency or by
the EPA as also warranting air quality characterization due to their
potential to contribute to an SO2 NAAQS violation.
Carmeuse's lime manufacturing plant was not identified by IDEM as
one of the sources covered by the DRR since the SO2
emissions from the facility did not exceed 2,000 tpy; but IDEM
determined that emissions from the plant could adversely impact overall
SO2 air quality for Lake County. Based on modeling conducted
by Indiana in accordance with EPA's Draft SO2 NAAQS
Designations Modeling Technical Assistance Document,\2\ these emission
limits in the Commissioner's Order will ensure modeled attainment of
the 2010 SO2 NAAQS. IDEM conducted air dispersion modeling
using the American Meteorological Society/Environmental Protection
Agency Regulatory Model (AERMOD) version 15181 in accordance with
appendix W of 40 CFR part 51 to determine SO2 emission
limits for Carmeuse that will ensure modeled attainment of the 2010
SO2 NAAQS in the area near this facility.
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\2\ Draft SO2 NAAQS Designations Modeling Technical Assistance
Document. December 2013. https://www3.epa.gov/airquality/sulfurdioxide/pdfs/SO2ModelingTAD.pdf.
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IDEM has requested that EPA approve Commissioner's Order 2016-04
for Carmeuse as part of the Indiana's SIP. If EPA approves the
SO2 emission limits contained in these orders, they will
become federally enforceable. Once these SO2 emission limits
have become federally enforceable, IDEM intends to use them to
demonstrate modeled attainment for the 2010 SO2 NAAQS for
the area near Carmeuse. To be clear, the purpose of this rulemaking is
to take action on IDEM's request to approve these SO2
emission limits into the Indiana SIP and thereby make them federally
enforceable. The purpose of this rulemaking is not to take action on
whether these SO2 emission limits are adequate for EPA to
designate attainment of the 2010 SO2 NAAQS for the area near
Carmeuse. EPA intends to complete 2010 SO2 NAAQS
designations for areas under the Federal consent decree deadlines,
including the area near Carmeuse, in separate rulemakings.
II. What are the SO2 limits in this commissioner's orders?
Indiana issued Commissioner's Order 2016-04 on November 15, 2016,
with an effective date of 18 days after issuance. This order
established SO2 emission limits for five kilns (with six
stacks per kiln) at the Carmeuse facility. Modeling for the
Commissioner's Order showed that an emission limit of 12.0 pounds per
hour of SO2 for each kiln, or 2.0 pounds per hour for each
stack, would ensure attainment of the 2010 SO2 NAAQS.
Indiana calculated a rolling 720-operating-hour average limit of 9.48
pounds per hour for each kiln, based on a flat averaging ratio of 0.79
recommended in EPA's Guidance for 1-hour SO2 Nonattainment Area SIP
Submission. This limit has a comparable stringency to an hourly
emission limit. The Commissioner's Order requires that Carmeuse comply
with this rolling 720-operating-hour average limit of 9.48 pound per
hour per kiln, beginning seven days from the issuance of the permit
modification required to allow the use of natural gas within the
affected kilns.
III. By what criterion is EPA reviewing this SIP revision?
EPA has evaluated this revision on the basis of whether it
strengthens Indiana's SIP. Prior to Commissioner's Order 2016-04, there
were no specific SO2 emission limitations in the SIP
applicable to Carmeuse, nor were there any applicable SO2
limits identified in its part 70 Operating Permit. The SO2
emission limits in Commissioner's Order 2016-04 for Carmeuse establish
permanent and federally enforceable limits, and should, therefore,
strengthen Indiana's SIP.
The adequacy of these limits for providing for attainment is not a
prerequisite for approval of these limits. Nevertheless, the purpose of
these limits is ultimately to provide for attainment, and EPA is
working with Indiana to assure a proper analysis of the adequacy of
these limits for this purpose.
IV. What action is EPA taking?
EPA is approving Commissioner's Order 2016-04 as part of the
Indiana SIP. Incorporating the order's SO2 emission limits
and related requirements for Carmeuse as part of the SIP strengthens
Indiana's SIP, which did not have any specific SO2 emission
limits for Carmeuse previously. By approving the Commissioner's Order
into the Indiana SIP, these SO2 emission limits and
applicable reporting, recordkeeping, and compliance demonstration
requirements contained in the order would become federally enforceable,
and strengthen the Indiana SIP.
We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the state plan if relevant adverse
written comments are filed. This rule will be effective July 10, 2017
without further notice unless we receive relevant adverse written
comments by June 9, 2017. If we receive such comments, we will withdraw
this action before the effective date by publishing a subsequent
document that will withdraw the final action. All public comments
received will then be addressed in a subsequent final rule based on the
proposed action. EPA will not institute a second comment period. Any
parties interested in commenting on this action should do so at this
time. Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment. If we do
not receive any comments, this action will be effective July 10, 2017.
V. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
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incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Indiana
Commissioner's Order described in the amendments to 40 CFR part 52 set
forth below. Therefore, these materials have been approved by EPA for
inclusion in the State implementation plan, have been incorporated by
reference by EPA into that plan, are fully federally enforceable under
sections 110 and 113 of the CAA as of the effective date of the final
rulemaking of EPA's approval, and will be incorporated by reference by
the Director of the Federal Register in the next update to the SIP
compilation.\3\ EPA has made, and will continue to make, these
documents generally available through www.regulations.gov, and/or at
the EPA Region 5 Office (please contact the person identified in the
``For Further Information Contact'' section of this preamble for more
information).
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\3\ 62 FR 27968 (May 22, 1997).
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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 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 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 10, 2017. 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. 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, 2017.
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 a
new entry for ``Carmeuse Lime Inc.'' to read as follows:
Sec. 52.770 Identification of plan.
* * * * *
(d) * * *
EPA-Approved Indiana Source-Specific Provisions
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CO date Title SIP rule EPA approval Explanation
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* * * * * * *
11/16/2016.............. Carmeuse Lime Inc.. N.A..................... 5/10/2017, [Insert Limitation
Federal Register intended to
citation]. support
attainment
designation.
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[FR Doc. 2017-09382 Filed 5-9-17; 8:45 am]
BILLING CODE 6560-50-P