Air Plan Approval; Indiana; Commissioner's Order for Carmeuse Lime, Inc., 21708-21711 [2017-09382]

Download as PDF 21708 Federal Register / Vol. 82, No. 89 / Wednesday, May 10, 2017 / Rules and Regulations EPA-APPROVED TENNESSEE NON-REGULATORY PROVISIONS Applicable geographic or nonattainment area Name of non-regulatory SIP provision * * 110(a)(1) and (2) Infrastructure Requirements for the 2012 Annual PM2.5 NAAQS. * 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 jstallworth on DSK7TPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 16:00 May 09, 2017 Jkt 241001 State effective date * 11/19/2015 EPA approval date Explanation * 5/10/2017, [Insert citation of publication]. * * 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 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 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 E:\FR\FM\10MYR1.SGM 10MYR1 jstallworth on DSK7TPTVN1PROD with RULES Federal Register / Vol. 82, No. 89 / Wednesday, May 10, 2017 / Rules and Regulations 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. VerDate Sep<11>2014 13:27 May 09, 2017 Jkt 241001 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 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 21709 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 E:\FR\FM\10MYR1.SGM 10MYR1 21710 Federal Register / Vol. 82, No. 89 / Wednesday, May 10, 2017 / Rules and Regulations 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 * Identification of plan. * * (d) * * * * * EPA-APPROVED INDIANA SOURCE-SPECIFIC PROVISIONS jstallworth on DSK7TPTVN1PROD with RULES CO date Title * 11/16/2016 ........ * * Carmeuse Lime Inc ...................... 3 62 SIP rule EPA approval Explanation * * N.A ................... 5/10/2017, [Insert Federal Register citation]. * * Limitation intended to support attainment designation. FR 27968 (May 22, 1997). VerDate Sep<11>2014 13:27 May 09, 2017 Jkt 241001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\10MYR1.SGM 10MYR1 21711 Federal Register / Vol. 82, No. 89 / Wednesday, May 10, 2017 / Rules and Regulations EPA-APPROVED INDIANA SOURCE-SPECIFIC PROVISIONS—Continued CO date Title * * * SIP rule * * * * * * 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: VerDate Sep<11>2014 13:27 May 09, 2017 Jkt 241001 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 PO 00000 Frm 00035 Fmt 4700 Explanation * This rule is effective June 9, [FR Doc. 2017–09382 Filed 5–9–17; 8:45 am] jstallworth on DSK7TPTVN1PROD with RULES EPA approval Sfmt 4700 * * 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, E:\FR\FM\10MYR1.SGM Continued 10MYR1

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]


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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

[[Page 21709]]

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.
---------------------------------------------------------------------------

    \2\ Draft SO2 NAAQS Designations Modeling Technical Assistance 
Document. December 2013. https://www3.epa.gov/airquality/sulfurdioxide/pdfs/SO2ModelingTAD.pdf.
---------------------------------------------------------------------------

    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

[[Page 21710]]

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).
---------------------------------------------------------------------------

    \3\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

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
----------------------------------------------------------------------------------------------------------------
         CO date                 Title                 SIP rule              EPA approval         Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
11/16/2016..............  Carmeuse Lime Inc..  N.A.....................  5/10/2017, [Insert   Limitation
                                                                          Federal Register     intended to
                                                                          citation].           support
                                                                                               attainment
                                                                                               designation.
 

[[Page 21711]]

 
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* * * * *
[FR Doc. 2017-09382 Filed 5-9-17; 8:45 am]
 BILLING CODE 6560-50-P
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