Air Plan Approval; Indiana; Regional Haze Five-Year Progress Report State Implementation Plan, 57694-57698 [2017-26304]
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Federal Register / Vol. 82, No. 234 / Thursday, December 7, 2017 / Proposed Rules
IV. What action is EPA taking?
EPA is proposing to approve a portion
of Ohio’s December 4, 2015, submission
certifying that the current Ohio SIP is
sufficient to meet the required
infrastructure requirements under CAA
section 110(a)(2)(D)(i)(I), specifically
prongs one and two, as set forth above.
EPA is requesting comments on the
proposed approval.
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V. 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);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866.
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
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• 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements.
Dated: November 17, 2017.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
[FR Doc. 2017–26291 Filed 12–6–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2016–0211 FRL–9971–60–
Region 5]
Air Plan Approval; Indiana; Regional
Haze Five-Year Progress Report State
Implementation Plan
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
the Indiana regional haze progress
report under the Clean Air Act as a
revision to the Indiana State
Implementation Plan (SIP). Indiana has
satisfied the progress report
requirements of the Regional Haze Rule.
Indiana has also met the requirements
for a determination of the adequacy of
its regional haze plan with its negative
declaration submitted with the progress
report.
DATES: Comments must be received on
or before January 8, 2018.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2016–0211 at https://
www.regulations.gov, or via email to
Aburano.Douglas@epa.gov. For
comments submitted at Regulations.gov,
SUMMARY:
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follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or removed
from Regulations.gov. For either manner
of submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Michelle Becker, Life Scientist,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–3901,
Becker.Michelle@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This SUPPLEMENTARY INFORMATION
section is arranged as follows:
I. Background
II. EPA’s Analysis of Indiana’s Regional Haze
Progress Report and Adequacy
Determination
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. Background
States are required to submit a
progress report every five years that
evaluates progress towards the
Reasonable Progress Goals (RPGs) for
each mandatory Class I Federal area
within the State and in each mandatory
Class I Federal area outside the State
which may be affected by emissions
from within the State. See 40 CFR
51.308(g). States are also required to
submit, at the same time as the progress
report, a determination of the adequacy
of the State’s existing regional haze SIP.
See 40 CFR 51.308(h). The first progress
report is due five years after the
submittal of the initial regional haze
SIP.
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Indiana initially submitted its
regional haze plan on January 14, 2011.
The final corrected version was
submitted on March 10, 2011. EPA
finalized a limited approval of Indiana’s
regional haze plan into its SIP on June
11, 2012. 77 FR 32418. As part of the
action, EPA also approved limits for the
aluminum fabricating facility owned
and operated by Alcoa, Inc. and located
in Warrick County, Indiana, which were
determined by EPA to satisfy the
requirements for best available retrofit
technology (BART).
Indiana submitted its five-year
progress report on March 30, 2016. This
is a report on progress made in the first
implementation period towards RPGs
for Class I areas outside of Indiana.
Indiana does not have any Class I areas
within its borders. This progress report
SIP included a determination that
Indiana’s existing regional haze SIP
requires no substantive revision to
achieve the established regional haze
visibility improvement and emissions
reduction goals for 2018. EPA is
proposing to approve Indiana’s progress
report on the basis that it satisfies the
applicable requirements of the rule at 40
CFR 51.308.
II. EPA’s Analysis of Indiana’s Regional
Haze Progress Report and Adequacy
Determination
On March 30, 2016, Indiana
submitted a revision to its regional haze
SIP to address progress made in the first
planning period towards RPGs for Class
I areas that are affected by emissions
from Indiana’s sources. This progress
report also included a determination of
the adequacy of the state’s existing
regional haze SIP.
Even though Indiana has no Class I
areas within its borders, the State
reviewed technical analyses conducted
by the Midwest Regional Planning
Organization (MRPO) and other regional
planning organizations (RPOs) to
determine which Class I areas are
affected by Indiana’s emissions. The five
relevant RPOs are the Mid-Atlantic and
Northeastern Visibility Union (MANE–
VU) for the Northeastern states, the
Visibility Improvement State and Tribal
Association of the Southeast (VISTAS),
MRPO, the Central Regional Air
Planning Association (CENRAP), and
Western Regional Air Partnership
(WRAP). The following Class I areas in
other states were identified as possibly
being impacted by Indiana sources (77
FR 3975, January 26, 2012):
Southeastern U.S. (VISTAS)—Sipsey
Wilderness Area, AL; Mammoth Cave
National Park, KY; Great Smoky
Mountains National Park, NC and TN;
James River Face Wilderness Area,
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VA; Shenandoah National Park, VA;
and Dolly Sods/Otter Creek
Wilderness Areas, WV
Eastern U.S. (MANE–VU)—Acadia
National Park, ME; Moosehorn
Wilderness Area, ME; Great Gulf
Wilderness Area, NH; Brigantine
Wilderness Area, NJ; and Lye Brook
Wilderness Area, VT
Northern U.S. (MRPO and CENRAP)—
Isle Royale National Park, MI; Seney
National Wildlife Refuge, MI;
Boundary Waters Canoe Area
Wilderness Area, MN; and Voyageurs
National Park, MN
South Central U.S. (CENRAP)—
Hercules-Glades Wilderness Area,
MO; Mingo Wilderness Area, MO;
Caney Creek Wilderness Area, AR;
and Upper Buffalo Wilderness Area,
AR
A. Regional Haze Progress Report SIPs
The following section includes EPA’s
analysis of Indiana’s progress report
submittal and an explanation of the
basis of our proposed approval.
1. Status of Implementation of All
Measures Included in the Regional Haze
SIP
In its progress report, Indiana
summarized the implementation status
of the control strategies that were
included in its 2011 regional haze SIP,
specifically, the status of the on-thebooks emissions reduction measures in
addition to reductions from federal
regulatory programs such as: Tier 2
Vehicle Emissions and Gasoline
Standards Rule; Heavy-Duty Diesel
Engine and Highway Diesel Fuel Rule;
Non-road Engine Diesel Fuel Rule (Tier
4); and Maximum Achievable Control
Technology. In its regional haze
strategy, Indiana did not rely on
additional emissions controls from other
states. Indiana also noted the following
additional controls measures, which are
expected to result in emissions
reductions between 2011 and 2018, but
were not relied upon in Indiana’s
Regional Haze SIP: 2010 SO2 National
Ambient Air Quality Standard (75 FR
35519, June 22, 2010); Mercury and Air
Toxics Standard Rule (79 FR 68777,
November 19, 2014); and Tier 3 Vehicle
Emissions and Fuel Standard Program
(79 FR 23414, April 28, 2014).
In its regional haze SIP, Indiana relied
on the Clean Air Interstate Rule (CAIR)
to meet the sulfur dioxide (SO2) and
nitrogen oxides (NOX) BART
requirements for its electric generating
units (EGUs) as well as to ensure
reasonable progress. Indiana’s progress
report describes the litigation regarding
CAIR and Cross-State Air Pollution Rule
(CSAPR) that has had a substantial
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57695
impact on EPA’s review of the regional
haze SIPs of many states.
In 2005, EPA issued regulations
allowing states to rely on CAIR to meet
certain requirements of the Regional
Haze Rule. See 70 FR 39104 (July 6,
2005).1 A number of states, including
Indiana, submitted regional haze SIPs
consistent with these regulatory
provisions. CAIR, however, was
remanded (without vacatur) to EPA in
2008, North Carolina v. EPA, 550 F.3d
1176, 1178 (D.C. Cir. 2008), and
replaced by CSAPR. 76 FR 48208
(August 8, 2011). Implementation of
CSAPR was scheduled to begin on
January 1, 2012, when CSAPR would
have superseded the CAIR program.
However, numerous parties filed
petitions for review of CSAPR, and at
the end of 2011, the D.C. Circuit issued
an order staying CSAPR pending
resolution of the petitions and directing
EPA to continue to administer CAIR.
Order of December 30, 2011, in EME
Homer City Generation, L.P. v. EPA,
D.C. Cir. No. 11–1302.
EPA finalized a limited approval of
Indiana’s regional haze SIP on June 11,
2012. 77 FR 39177. In a separate action,
published on June 7, 2012, EPA
finalized a limited disapproval of the
Indiana regional haze SIP because of the
state’s reliance on CAIR to meet certain
regional haze requirements, and issued
a Federal Implementation Plan (FIP) to
address the deficiencies identified in
the limited disapproval of Indiana and
other states’ regional haze plans. 77 FR
33642. The FIP relied on CSAPR to meet
certain regional haze requirements,
notwithstanding that CSAPR was stayed
at the time. Following additional
litigation and the lifting of the stay, EPA
began implementation of CSAPR on
January 1, 2015.
Regarding the status of BART and
reasonable progress control
requirements for non-EGU sources in
the state, one non-EGU source, the
Alcoa facility in Warrick County, was
identified as BART-eligible and shown
to contribute significantly to visibility
impairment at Class I areas in other
states. EPA approved Indiana’s
alternative BART strategy of controlling
emissions from a non-BART boiler unit
in our June 11, 2012, limited approval
of Indiana’s regional haze SIP. 77 FR
34218.
EPA proposes to conclude that
Indiana has adequately addressed the
1 CAIR required certain states like Indiana to
reduce emissions of sulfur dioxide (SO2) and
nitrogen oxides (NOX) that significantly contribute
to downwind nonattainment of the 1997 National
Ambient Air Quality Standard (NAAQS) for fine
particulate matter (PM2.5) and ozone. See 70 FR
25162 (May 12, 2005).
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status of control measures in its regional
haze SIP. Indiana describes the
implementation status of measures from
its regional haze SIP, including the
status of control measures to meet BART
and reasonable progress requirements,
the status of measures from on-the-book
controls and the status of federal
regulatory programs.
along with its CSAPR budgets. In the
progress report, Indiana showed that
2013 state-wide SO2 emissions from
EGUs were 268,217 tons, below the
CSAPR budget of 285,424 tons. Indiana
also showed that 2013 state-wide NOX
emissions from EGUs were 103,048
tons, below the CSAPR budget of
109,726 tons. Indiana’s SO2 and NOX
EGU emissions for 2013 were 6% lower
than the 2013 CSAPR budgets for both
pollutants. Table 1 below summarizes
the emission reductions reported by
Indiana.
2. Summary of Emissions Reductions
Achieved in the State Through
Implementation of Measures
In its progress report, Indiana
discusses the emissions reductions
resulting from the control strategies
included in its 2011 regional haze SIP.
As described above, throughout the
litigation surrounding CAIR and
CSAPR, EPA continued to implement
CAIR. Thus, CAIR was in effect through
the end of 2014.
Indiana listed its EGUs’ emissions of
SO2 and NOX for 2005, 2009, and 2013,
TABLE 1—INDIANA EGU EMISSIONS REPORTED TO THE CLEAN AIR MARKETS PROGRAM DIVISION (CAMD)
2005 .................................................................................................................
2009 .................................................................................................................
2013 .................................................................................................................
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3. Assessment of Visibility Conditions
and Changes for Each Mandatory Class
I Federal Area in the State
Indiana noted in its progress report
that it does not have any Class I areas
within its boundaries, and as the
applicable provisions pertain only to
states containing Class I areas, no
further discussion is necessary. EPA
concurs, and proposes to conclude that
Indiana has adequately addressed the
applicable provisions of 40 CFR
51.308(g).
4. Analysis Tracking Emissions Changes
of Visibility-Impairing Pollutants
In its progress report, Indiana tracked
changes in emissions of visibilityimpairing pollutants using its 2005 base
emissions and projected 2018 emissions
in its regional haze plan submitted in
2011. The progress report gives current
annual emissions for SO2 and NOX that
can be compared to the base emissions
and 2018 projected emissions. Base
emissions of SO2 in 2005 were 956,031
tons, with a 64 percent reduction to
346,429 tons in 2014. Indiana reported
2011 SO2 total emissions of 425,786
tons. The NOX base emissions in 2005
were 283,059 tons, with a 42 percent
reduction to 164,520 tons in 2014.
Indiana reported 2011 NOX emissions of
180,674 tons.
Indiana noted that SO2 emissions
have been reduced considerably
between 2005 and 2014, based on actual
reported emissions. These reductions
were due primarily to regulations
focused on reducing SO2 emissions from
coal-burning power plants and other
large sources, such as various types of
boilers and incinerators, which are the
largest emitters of SO2.
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NOX budget
(tons)
NOX
(tons)
Year
210,646
113,601
103,048
........................
........................
109,726
The actual decrease in NOX emissions
was not as substantial as the decrease in
SO2 emissions between 2005 and 2014.
This is because the NOX SIP call which
significantly reduced NOX emissions
took place in 2004 (before the examined
timeframe of 2005–2014), and NOX
emissions from sources other than EGUs
combined are much higher than NOX
emissions from EGUs alone. Actual NOX
emissions reported from contributing
sources in Indiana decreased
incrementally over the first five-year
timeframe (2005–2009) by 38%. The
NOX emissions reduction between 2010
and 2014 decreased by only 13%, due
to increases in NOX emissions from
point, mobile, and non-road sources in
2010 and 2011; but total NOX emissions
decreased by 42% between 2004 and
2014. These reductions show that
Indiana is in line with improvements
predicted by the modeling for 2012 and
will likely exceed visibility
improvements anticipated by 2018.
Table 2 below summarizes the actual
SO2 and NOX emission from
contributing sources in Indiana between
2005 and 2014.
TABLE 2—ACTUAL (REPORTED) SO2
AND NOX EMISSIONS FROM CONTRIBUTING SOURCES IN INDIANA
SO2
(tons)
Year
2005
2006
2007
2008
2009
2010
2011
2012
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..........................
..........................
..........................
..........................
..........................
..........................
..........................
..........................
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NOX
(tons)
956,031
920,251
797,900
669,936
480,884
480,628
425,786
343,124
283,059
260,810
276,402
273,903
174,828
187,988
180,674
171,136
Sfmt 4702
SO2
(tons)
SO2 budget
(tons)
870,812
413,726
268,217
........................
........................
285,424
TABLE 2—ACTUAL (REPORTED) SO2
AND NOX EMISSIONS FROM CONTRIBUTING SOURCES IN INDIANA—
Continued
Year
2013 ..........................
2014 ..........................
SO2
(tons)
NOX
(tons)
340,786
346,429
165,778
164,520
EPA concurs and proposes to
conclude that Indiana has adequately
addressed the applicable provisions of
40 CFR 51.308.
5. Assessment of Any Significant
Changes in Anthropogenic Emissions
In its progress report, Indiana
indicated that no significant changes in
anthropogenic emissions have impeded
progress in reducing emissions and
improving visibility in Class I areas
impacted by Indiana sources. As
mentioned above, Indiana acknowledges
in its progress report that there was an
increase in total NOX emissions from
contributing sources in Indiana in 2010
and 2011. To address this potential
concern, Indiana points out that NOX
emissions began to decrease once again
in 2012, and continued to decrease
every subsequent year through 2014.
Indiana also states that the decrease in
SO2 and NOX emissions between from
2005 and 2009 was so significant that
the slight increase of NOX in 2010 and
2011 had no actual impact in the overall
progress made from 2005 to 2014. For
these reasons, Indiana does not consider
the increase of NOX emission in 2010
and 2011 a problem that has or will
impede future visibility progress in
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states with Class I areas potentially
impacted by Indiana sources.
EPA concurs and proposes to
conclude that Indiana has adequately
addressed the applicable provisions of
40 CFR 51.308.
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6. Assessment of Whether the
Implementation Plan Elements and
Strategies Are Sufficient To Enable
Other States To Meet RPGs
In its progress report, Indiana states
that it has implemented, or expects to
implement by 2018, all controls from its
regional haze plan. The state noted in
the progress report that its emissions are
on track for the 2018 goals, including
reductions that are ahead of pace for the
key pollutants, SO2 and NOX. Indiana
assessed each of the areas identified in
the MRPO report as being impacted by
Indiana sources using information
provided by the MRPO, technical
documents from the other RPOs, and
letters received from other states
indicating their decisions regarding
reasonable progress goals.
Indiana’s long term strategy relied on
the emission reductions from CAIR, a
program that has now been replaced by
CSAPR. At the present time, the
requirements of CSAPR apply to sources
in Indiana under the terms of a FIP. The
Regional Haze Rule requires an
assessment of whether the current
‘‘implementation plan’’ is sufficient to
enable the states to meet all established
reasonable progress goals. 40 CFR
51.308(g). The term ‘‘implementation
plan’’ is defined for purposes of the
Regional Haze Rule to mean ‘‘any [SIP],
[FIP], or Tribal Implementation Plan.’’
40 CFR 51.301. EPA is considering
measures in any applicable FIP, as well
as those in a state’s regional haze SIP,
in assessing the adequacy of the
‘‘existing implementation plan’’ under
40 CFR 51.308(g)(6) and (h).
EPA applies this requirement as an
assessment of emissions and visibility
trends and other readily available
information. Indiana determined that its
regional haze SIP is sufficient to enable
other States to meet the RPGs for the
Class I areas impacted by the State’s
emissions. EPA proposes to conclude
that Indiana has adequately addressed
the applicable provisions of 40 CFR
51.308.
7. Review of the State’s Visibility
Monitoring Strategy
Indiana’s progress report states there
are no Class I areas within its borders
and thus finds that the State is not
required to have a visibility monitoring
strategy in place. EPA concurs, and
proposes to conclude that Indiana has
adequately addressed the requirements
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for a monitoring strategy for regional
haze and propose to determine no
further modifications to the monitoring
strategy are required.
B. Determination of Adequacy of
Existing Regional Haze Plan
In its progress report, Indiana
submitted a negative declaration to EPA
regarding the need for additional actions
or emission reductions in Indiana
beyond those already in place and those
to be implemented by 2018 according to
Indiana’s regional haze plan.
Indiana determined that its regional
haze plan is adequate to meet the
Regional Haze Rule requirements and
expects Class I areas affected by Indiana
to achieve the reasonable progress goals.
EPA finds that the state is on track to
meet the visibility improvement and
emission reduction goals.
Because monitored visibility values
and emission trends indicate that Class
I areas impacted by Indiana’s sources
are meeting or exceeding the RPGs for
2018, and are expected to continue to
meet or exceed the RPGs for 2018, EPA
proposes to conclude that Indiana has
adequately addressed the provisions
under 40 CFR 51.308(h).
C. Public Participation
On January 14, 2016, Indiana
provided an opportunity for Federal
Land Managers (FLMs) to review the
revision to Indiana’s SIP reporting on
progress made during the first
implementation period toward RPGs for
Class I areas outside the state that are
affected by emissions from Indiana’s
sources. Comments were received from
the U.S. Forest Service and National
Park Service. Indiana’s progress report,
in Appendix D, includes the FLM
comments and the State’s responses to
the comments.
On February 19, 2016, Indiana
published notification for a request for
public hearing and solicitation for full
public comment on the draft progress
report in widely distributed
publications. A public hearing was not
requested, and no comments were
received.
EPA proposes to find that Indiana has
addressed the applicable requirements
in 51.308(i) regarding FLM consultation.
III. What action is EPA taking?
EPA is proposing to approve Indiana’s
Regional Haze five-year progress report,
submitted March 30, 2016, as meeting
the applicable regional haze
requirements as set forth in 40 CFR
51.308(g) and 51.308(h).
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57697
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Clean Air Act and
applicable Federal regulations. 42
U.S.C. 7410(k); 40 CFR 52.02(a). Thus,
in reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. Accordingly, this
action merely approves state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
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or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: November 17, 2017.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
[FR Doc. 2017–26304 Filed 12–6–17; 8:45 am]
BILLING CODE 6560–50–P
Background
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R6–ES–2017–0089;
FXES11130900000C6–178–FF09E42000]
Endangered and Threatened Wildlife
and Plants; Possible Effects of Court
Decision on Grizzly Bear Recovery in
the Conterminous United States
Fish and Wildlife Service,
Interior.
ACTION: Regulatory review; request for
comments.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), are seeking
public comment on a recent D.C. Circuit
Court of Appeals ruling, Humane
Society of the United States, et al. v.
Zinke et al., 865 F.3d 585 (D.C. Cir.
2017), that may impact our June 30,
2017, final rule delisting the Greater
Yellowstone Ecosystem (GYE) grizzly
bear Distinct Population Segment (DPS).
In Humane Society of the United States,
et al. v. Zinke et al., the court opined
that the Service had not evaluated the
status of the remainder of the listed
entity of wolves in light of the Western
Great Lakes (WGL) wolf DPS delisting
action and what the effect of lost
historical range may have on the status
of the WGL wolf DPS. We also describe
in this notice our strategy to recover
grizzly bears (Ursus arctos horribilis) in
the lower 48 States of the United States
and provide a brief recovery update for
each ecosystem.
ethrower on DSK3G9T082PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
17:04 Dec 06, 2017
Jkt 244001
We will accept comments
received or postmarked by the end of
the day on January 8, 2018.
ADDRESSES: Comment submission: You
may submit comments by one of the
following methods:
• U.S. mail or hand-delivery: Public
Comments Processing, ATTN: FWS–R6–
ES–2017–0089, U.S. Fish and Wildlife
Service, MS: BPHC, 5275 Leesburg Pike,
Falls Church, Virginia 22041–3803.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments to
Docket No. FWS–R6–ES–2017–0089.
FOR FURTHER INFORMATION CONTACT:
Hilary Cooley, Grizzly Bear Recovery
Coordinator, U.S. Fish and Wildlife
Service, University Hall, Room 309,
Missoula, MT 59812; by telephone (406)
243–4903. Persons who use a
telecommunications device for the deaf
may call the Federal Relay Service at
(800) 877–8339.
SUPPLEMENTARY INFORMATION:
DATES:
In 1975, the Service listed the grizzly
bear (Ursus arctos horribilis) under the
Endangered Species Act (ESA; 16 U.S.C.
1531 et seq.) as threatened in the lower
48 United States (40 FR 31734, July 28,
1975). On June 30, 2017, the Service
published a final rule (82 FR 30502,
June 30, 2017; RIN 1018–BA41)
designating the GYE population of
grizzly bears as a DPS, finding that the
DPS was recovered, and removing that
DPS from the Federal List of
Endangered and Threatened Wildlife.
The final rule became effective on July
31, 2017, and remains in effect. Grizzly
bears in the remaining area of the lower
48 States remain listed as threatened
under the ESA as amended. The status
of any grizzly bear population may be
changed only through formal
rulemaking.
On August 1, 2017, the Court of
Appeals for the District of Columbia
Circuit issued a ruling, Humane Society
of the United States, et al. v. Zinke et
al., 865 F.3d 585 (D.C. Cir. 2017), that
affirmed the prior judgement of the
district court vacating the 2011 delisting
rule for wolves in the Western Great
Lakes (WGL) (76 FR 81666, December
28, 2011). The 2011 rule designated the
gray wolf population in Minnesota,
Wisconsin, and Michigan, as well as
portions of six surrounding States, as
the WGL DPS, determined that the WGL
DPS was recovered, and delisted the
WGL as a DPS.
This court opinion may impact the
GYE final rule, which also designated a
portion of an already-listed entity as a
DPS and then revised the listed entity
PO 00000
Frm 00014
Fmt 4702
Sfmt 4702
by removing the DPS due to recovery.
Therefore, we are reviewing the
potential implications for the GYE final
rule in light of the Humane Society
ruling. We are seeking public comment
on this subject (see Request for Public
Comments). Below we summarize our
recovery strategy to assist the public in
providing public comment on the
impacts that Humane Society might
have on grizzly bear.
Recovery Strategy
The grizzly bear was originally
distributed in various habitats
throughout Western North America
from Central Mexico to the Arctic
Ocean. Current distribution in the lower
48 States consists of five small
populations with an estimated total
population of 1,800 bears. The 1993
Grizzly Bear Recovery Plan (USFWS
1993, p. 15) identified seven grizzly bear
ecosystems, including five with either
self-perpetuating or existing populations
and two additional areas, the Bitterroot
Mountains in Idaho and the San Juan
Mountains in Colorado, where grizzly
bears are known to have existed in the
recent past. While no resident
population currently exists in the
Bitterroot Ecosystem, that ecosystem
contains adequate habitat to sustain a
population. The Recovery Plan suggests
that further evaluation is needed on the
status of the San Juan Mountains, where
no grizzly bears exist today (USFWS
1993, p.16).
The Service’s overarching vision for
recovery of grizzly bears in the lower 48
States, to recover and delist populations
individually in each of the ecosystems
as recovery is achieved, was outlined in
the Recovery Plan (USFWS 1993, pp.
16, 33) and further discussed in our
2011 5-year status review (USFWS 2011,
pp. 12–14). The review also found that
the lower-48-State listing is consistent
with our 1996 DPS Policy and
recommended that the current entity, on
the whole, should retain its threatened
status (USFWS 2011, p. 104). We
recognized that sufficient evidence
exists to support multiple DPSs within
the lower-48-State listing, but indicated
that further subdivision of the lower-48State listing was unnecessary at the time
(USFWS 2011, p. 14). Prior to the 5-year
status review, the Service had attempted
to delist the GYE grizzly bear
population as a DPS (72 FR 14866,
March 29, 2007). That determination
was subsequently vacated by the
Federal District Court for the District of
Montana (Greater Yellowstone Coalition
v. Servheen et al., 672 F.Supp. 2d 1105
(D. Mont. 2009), and the vacatur was
upheld by the Ninth Circuit in Greater
E:\FR\FM\07DEP1.SGM
07DEP1
]]>Agencies
[Federal Register Volume 82, Number 234 (Thursday, December 7, 2017)]
[Proposed Rules]
[Pages 57694-57698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26304]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2016-0211 FRL-9971-60-Region 5]
Air Plan Approval; Indiana; Regional Haze Five-Year Progress
Report State Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve the Indiana regional haze progress report under the Clean Air
Act as a revision to the Indiana State Implementation Plan (SIP).
Indiana has satisfied the progress report requirements of the Regional
Haze Rule. Indiana has also met the requirements for a determination of
the adequacy of its regional haze plan with its negative declaration
submitted with the progress report.
DATES: Comments must be received on or before January 8, 2018.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2016-0211 at https://www.regulations.gov, or via email to
Aburano.Douglas@epa.gov. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Michelle Becker, Life Scientist,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-3901,
Becker.Michelle@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This SUPPLEMENTARY INFORMATION
section is arranged as follows:
I. Background
II. EPA's Analysis of Indiana's Regional Haze Progress Report and
Adequacy Determination
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. Background
States are required to submit a progress report every five years
that evaluates progress towards the Reasonable Progress Goals (RPGs)
for each mandatory Class I Federal area within the State and in each
mandatory Class I Federal area outside the State which may be affected
by emissions from within the State. See 40 CFR 51.308(g). States are
also required to submit, at the same time as the progress report, a
determination of the adequacy of the State's existing regional haze
SIP. See 40 CFR 51.308(h). The first progress report is due five years
after the submittal of the initial regional haze SIP.
[[Page 57695]]
Indiana initially submitted its regional haze plan on January 14,
2011. The final corrected version was submitted on March 10, 2011. EPA
finalized a limited approval of Indiana's regional haze plan into its
SIP on June 11, 2012. 77 FR 32418. As part of the action, EPA also
approved limits for the aluminum fabricating facility owned and
operated by Alcoa, Inc. and located in Warrick County, Indiana, which
were determined by EPA to satisfy the requirements for best available
retrofit technology (BART).
Indiana submitted its five-year progress report on March 30, 2016.
This is a report on progress made in the first implementation period
towards RPGs for Class I areas outside of Indiana. Indiana does not
have any Class I areas within its borders. This progress report SIP
included a determination that Indiana's existing regional haze SIP
requires no substantive revision to achieve the established regional
haze visibility improvement and emissions reduction goals for 2018. EPA
is proposing to approve Indiana's progress report on the basis that it
satisfies the applicable requirements of the rule at 40 CFR 51.308.
II. EPA's Analysis of Indiana's Regional Haze Progress Report and
Adequacy Determination
On March 30, 2016, Indiana submitted a revision to its regional
haze SIP to address progress made in the first planning period towards
RPGs for Class I areas that are affected by emissions from Indiana's
sources. This progress report also included a determination of the
adequacy of the state's existing regional haze SIP.
Even though Indiana has no Class I areas within its borders, the
State reviewed technical analyses conducted by the Midwest Regional
Planning Organization (MRPO) and other regional planning organizations
(RPOs) to determine which Class I areas are affected by Indiana's
emissions. The five relevant RPOs are the Mid-Atlantic and Northeastern
Visibility Union (MANE-VU) for the Northeastern states, the Visibility
Improvement State and Tribal Association of the Southeast (VISTAS),
MRPO, the Central Regional Air Planning Association (CENRAP), and
Western Regional Air Partnership (WRAP). The following Class I areas in
other states were identified as possibly being impacted by Indiana
sources (77 FR 3975, January 26, 2012):
Southeastern U.S. (VISTAS)--Sipsey Wilderness Area, AL; Mammoth Cave
National Park, KY; Great Smoky Mountains National Park, NC and TN;
James River Face Wilderness Area, VA; Shenandoah National Park, VA; and
Dolly Sods/Otter Creek Wilderness Areas, WV
Eastern U.S. (MANE-VU)--Acadia National Park, ME; Moosehorn Wilderness
Area, ME; Great Gulf Wilderness Area, NH; Brigantine Wilderness Area,
NJ; and Lye Brook Wilderness Area, VT
Northern U.S. (MRPO and CENRAP)--Isle Royale National Park, MI; Seney
National Wildlife Refuge, MI; Boundary Waters Canoe Area Wilderness
Area, MN; and Voyageurs National Park, MN
South Central U.S. (CENRAP)--Hercules-Glades Wilderness Area, MO; Mingo
Wilderness Area, MO; Caney Creek Wilderness Area, AR; and Upper Buffalo
Wilderness Area, AR
A. Regional Haze Progress Report SIPs
The following section includes EPA's analysis of Indiana's progress
report submittal and an explanation of the basis of our proposed
approval.
1. Status of Implementation of All Measures Included in the Regional
Haze SIP
In its progress report, Indiana summarized the implementation
status of the control strategies that were included in its 2011
regional haze SIP, specifically, the status of the on-the-books
emissions reduction measures in addition to reductions from federal
regulatory programs such as: Tier 2 Vehicle Emissions and Gasoline
Standards Rule; Heavy-Duty Diesel Engine and Highway Diesel Fuel Rule;
Non-road Engine Diesel Fuel Rule (Tier 4); and Maximum Achievable
Control Technology. In its regional haze strategy, Indiana did not rely
on additional emissions controls from other states. Indiana also noted
the following additional controls measures, which are expected to
result in emissions reductions between 2011 and 2018, but were not
relied upon in Indiana's Regional Haze SIP: 2010 SO2
National Ambient Air Quality Standard (75 FR 35519, June 22, 2010);
Mercury and Air Toxics Standard Rule (79 FR 68777, November 19, 2014);
and Tier 3 Vehicle Emissions and Fuel Standard Program (79 FR 23414,
April 28, 2014).
In its regional haze SIP, Indiana relied on the Clean Air
Interstate Rule (CAIR) to meet the sulfur dioxide (SO2) and
nitrogen oxides (NOX) BART requirements for its electric
generating units (EGUs) as well as to ensure reasonable progress.
Indiana's progress report describes the litigation regarding CAIR and
Cross-State Air Pollution Rule (CSAPR) that has had a substantial
impact on EPA's review of the regional haze SIPs of many states.
In 2005, EPA issued regulations allowing states to rely on CAIR to
meet certain requirements of the Regional Haze Rule. See 70 FR 39104
(July 6, 2005).\1\ A number of states, including Indiana, submitted
regional haze SIPs consistent with these regulatory provisions. CAIR,
however, was remanded (without vacatur) to EPA in 2008, North Carolina
v. EPA, 550 F.3d 1176, 1178 (D.C. Cir. 2008), and replaced by CSAPR. 76
FR 48208 (August 8, 2011). Implementation of CSAPR was scheduled to
begin on January 1, 2012, when CSAPR would have superseded the CAIR
program. However, numerous parties filed petitions for review of CSAPR,
and at the end of 2011, the D.C. Circuit issued an order staying CSAPR
pending resolution of the petitions and directing EPA to continue to
administer CAIR. Order of December 30, 2011, in EME Homer City
Generation, L.P. v. EPA, D.C. Cir. No. 11-1302.
---------------------------------------------------------------------------
\1\ CAIR required certain states like Indiana to reduce
emissions of sulfur dioxide (SO2) and nitrogen oxides
(NOX) that significantly contribute to downwind
nonattainment of the 1997 National Ambient Air Quality Standard
(NAAQS) for fine particulate matter (PM2.5) and ozone.
See 70 FR 25162 (May 12, 2005).
---------------------------------------------------------------------------
EPA finalized a limited approval of Indiana's regional haze SIP on
June 11, 2012. 77 FR 39177. In a separate action, published on June 7,
2012, EPA finalized a limited disapproval of the Indiana regional haze
SIP because of the state's reliance on CAIR to meet certain regional
haze requirements, and issued a Federal Implementation Plan (FIP) to
address the deficiencies identified in the limited disapproval of
Indiana and other states' regional haze plans. 77 FR 33642. The FIP
relied on CSAPR to meet certain regional haze requirements,
notwithstanding that CSAPR was stayed at the time. Following additional
litigation and the lifting of the stay, EPA began implementation of
CSAPR on January 1, 2015.
Regarding the status of BART and reasonable progress control
requirements for non-EGU sources in the state, one non-EGU source, the
Alcoa facility in Warrick County, was identified as BART-eligible and
shown to contribute significantly to visibility impairment at Class I
areas in other states. EPA approved Indiana's alternative BART strategy
of controlling emissions from a non-BART boiler unit in our June 11,
2012, limited approval of Indiana's regional haze SIP. 77 FR 34218.
EPA proposes to conclude that Indiana has adequately addressed the
[[Page 57696]]
status of control measures in its regional haze SIP. Indiana describes
the implementation status of measures from its regional haze SIP,
including the status of control measures to meet BART and reasonable
progress requirements, the status of measures from on-the-book controls
and the status of federal regulatory programs.
2. Summary of Emissions Reductions Achieved in the State Through
Implementation of Measures
In its progress report, Indiana discusses the emissions reductions
resulting from the control strategies included in its 2011 regional
haze SIP. As described above, throughout the litigation surrounding
CAIR and CSAPR, EPA continued to implement CAIR. Thus, CAIR was in
effect through the end of 2014.
Indiana listed its EGUs' emissions of SO2 and
NOX for 2005, 2009, and 2013, along with its CSAPR budgets.
In the progress report, Indiana showed that 2013 state-wide
SO2 emissions from EGUs were 268,217 tons, below the CSAPR
budget of 285,424 tons. Indiana also showed that 2013 state-wide
NOX emissions from EGUs were 103,048 tons, below the CSAPR
budget of 109,726 tons. Indiana's SO2 and NOX EGU
emissions for 2013 were 6% lower than the 2013 CSAPR budgets for both
pollutants. Table 1 below summarizes the emission reductions reported
by Indiana.
Table 1--Indiana EGU Emissions Reported to the Clean Air Markets Program Division (CAMD)
----------------------------------------------------------------------------------------------------------------
NOX (tons) NOX budget SO2 (tons) SO2 budget
Year (tons) (tons)
----------------------------------------------------------------------------------------------------------------
2005............................................ 210,646 .............. 870,812 ..............
2009............................................ 113,601 .............. 413,726 ..............
2013............................................ 103,048 109,726 268,217 285,424
----------------------------------------------------------------------------------------------------------------
3. Assessment of Visibility Conditions and Changes for Each Mandatory
Class I Federal Area in the State
Indiana noted in its progress report that it does not have any
Class I areas within its boundaries, and as the applicable provisions
pertain only to states containing Class I areas, no further discussion
is necessary. EPA concurs, and proposes to conclude that Indiana has
adequately addressed the applicable provisions of 40 CFR 51.308(g).
4. Analysis Tracking Emissions Changes of Visibility-Impairing
Pollutants
In its progress report, Indiana tracked changes in emissions of
visibility-impairing pollutants using its 2005 base emissions and
projected 2018 emissions in its regional haze plan submitted in 2011.
The progress report gives current annual emissions for SO2
and NOX that can be compared to the base emissions and 2018
projected emissions. Base emissions of SO2 in 2005 were
956,031 tons, with a 64 percent reduction to 346,429 tons in 2014.
Indiana reported 2011 SO2 total emissions of 425,786 tons.
The NOX base emissions in 2005 were 283,059 tons, with a 42
percent reduction to 164,520 tons in 2014. Indiana reported 2011
NOX emissions of 180,674 tons.
Indiana noted that SO2 emissions have been reduced
considerably between 2005 and 2014, based on actual reported emissions.
These reductions were due primarily to regulations focused on reducing
SO2 emissions from coal-burning power plants and other large
sources, such as various types of boilers and incinerators, which are
the largest emitters of SO2.
The actual decrease in NOX emissions was not as
substantial as the decrease in SO2 emissions between 2005
and 2014. This is because the NOX SIP call which
significantly reduced NOX emissions took place in 2004
(before the examined timeframe of 2005-2014), and NOX
emissions from sources other than EGUs combined are much higher than
NOX emissions from EGUs alone. Actual NOX
emissions reported from contributing sources in Indiana decreased
incrementally over the first five-year timeframe (2005-2009) by 38%.
The NOX emissions reduction between 2010 and 2014 decreased
by only 13%, due to increases in NOX emissions from point,
mobile, and non-road sources in 2010 and 2011; but total NOX
emissions decreased by 42% between 2004 and 2014. These reductions show
that Indiana is in line with improvements predicted by the modeling for
2012 and will likely exceed visibility improvements anticipated by
2018. Table 2 below summarizes the actual SO2 and
NOX emission from contributing sources in Indiana between
2005 and 2014.
Table 2--Actual (Reported) SO2 and NOX Emissions From Contributing
Sources in Indiana
------------------------------------------------------------------------
SO2 NOX
Year (tons) (tons)
------------------------------------------------------------------------
2005.............................................. 956,031 283,059
2006.............................................. 920,251 260,810
2007.............................................. 797,900 276,402
2008.............................................. 669,936 273,903
2009.............................................. 480,884 174,828
2010.............................................. 480,628 187,988
2011.............................................. 425,786 180,674
2012.............................................. 343,124 171,136
2013.............................................. 340,786 165,778
2014.............................................. 346,429 164,520
------------------------------------------------------------------------
EPA concurs and proposes to conclude that Indiana has adequately
addressed the applicable provisions of 40 CFR 51.308.
5. Assessment of Any Significant Changes in Anthropogenic Emissions
In its progress report, Indiana indicated that no significant
changes in anthropogenic emissions have impeded progress in reducing
emissions and improving visibility in Class I areas impacted by Indiana
sources. As mentioned above, Indiana acknowledges in its progress
report that there was an increase in total NOX emissions
from contributing sources in Indiana in 2010 and 2011. To address this
potential concern, Indiana points out that NOX emissions
began to decrease once again in 2012, and continued to decrease every
subsequent year through 2014. Indiana also states that the decrease in
SO2 and NOX emissions between from 2005 and 2009
was so significant that the slight increase of NOX in 2010
and 2011 had no actual impact in the overall progress made from 2005 to
2014. For these reasons, Indiana does not consider the increase of
NOX emission in 2010 and 2011 a problem that has or will
impede future visibility progress in
[[Page 57697]]
states with Class I areas potentially impacted by Indiana sources.
EPA concurs and proposes to conclude that Indiana has adequately
addressed the applicable provisions of 40 CFR 51.308.
6. Assessment of Whether the Implementation Plan Elements and
Strategies Are Sufficient To Enable Other States To Meet RPGs
In its progress report, Indiana states that it has implemented, or
expects to implement by 2018, all controls from its regional haze plan.
The state noted in the progress report that its emissions are on track
for the 2018 goals, including reductions that are ahead of pace for the
key pollutants, SO2 and NOX. Indiana assessed
each of the areas identified in the MRPO report as being impacted by
Indiana sources using information provided by the MRPO, technical
documents from the other RPOs, and letters received from other states
indicating their decisions regarding reasonable progress goals.
Indiana's long term strategy relied on the emission reductions from
CAIR, a program that has now been replaced by CSAPR. At the present
time, the requirements of CSAPR apply to sources in Indiana under the
terms of a FIP. The Regional Haze Rule requires an assessment of
whether the current ``implementation plan'' is sufficient to enable the
states to meet all established reasonable progress goals. 40 CFR
51.308(g). The term ``implementation plan'' is defined for purposes of
the Regional Haze Rule to mean ``any [SIP], [FIP], or Tribal
Implementation Plan.'' 40 CFR 51.301. EPA is considering measures in
any applicable FIP, as well as those in a state's regional haze SIP, in
assessing the adequacy of the ``existing implementation plan'' under 40
CFR 51.308(g)(6) and (h).
EPA applies this requirement as an assessment of emissions and
visibility trends and other readily available information. Indiana
determined that its regional haze SIP is sufficient to enable other
States to meet the RPGs for the Class I areas impacted by the State's
emissions. EPA proposes to conclude that Indiana has adequately
addressed the applicable provisions of 40 CFR 51.308.
7. Review of the State's Visibility Monitoring Strategy
Indiana's progress report states there are no Class I areas within
its borders and thus finds that the State is not required to have a
visibility monitoring strategy in place. EPA concurs, and proposes to
conclude that Indiana has adequately addressed the requirements for a
monitoring strategy for regional haze and propose to determine no
further modifications to the monitoring strategy are required.
B. Determination of Adequacy of Existing Regional Haze Plan
In its progress report, Indiana submitted a negative declaration to
EPA regarding the need for additional actions or emission reductions in
Indiana beyond those already in place and those to be implemented by
2018 according to Indiana's regional haze plan.
Indiana determined that its regional haze plan is adequate to meet
the Regional Haze Rule requirements and expects Class I areas affected
by Indiana to achieve the reasonable progress goals. EPA finds that the
state is on track to meet the visibility improvement and emission
reduction goals.
Because monitored visibility values and emission trends indicate
that Class I areas impacted by Indiana's sources are meeting or
exceeding the RPGs for 2018, and are expected to continue to meet or
exceed the RPGs for 2018, EPA proposes to conclude that Indiana has
adequately addressed the provisions under 40 CFR 51.308(h).
C. Public Participation
On January 14, 2016, Indiana provided an opportunity for Federal
Land Managers (FLMs) to review the revision to Indiana's SIP reporting
on progress made during the first implementation period toward RPGs for
Class I areas outside the state that are affected by emissions from
Indiana's sources. Comments were received from the U.S. Forest Service
and National Park Service. Indiana's progress report, in Appendix D,
includes the FLM comments and the State's responses to the comments.
On February 19, 2016, Indiana published notification for a request
for public hearing and solicitation for full public comment on the
draft progress report in widely distributed publications. A public
hearing was not requested, and no comments were received.
EPA proposes to find that Indiana has addressed the applicable
requirements in 51.308(i) regarding FLM consultation.
III. What action is EPA taking?
EPA is proposing to approve Indiana's Regional Haze five-year
progress report, submitted March 30, 2016, as meeting the applicable
regional haze requirements as set forth in 40 CFR 51.308(g) and
51.308(h).
IV. Statutory and Executive Order Reviews
Under the Clean Air Act the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land
[[Page 57698]]
or in any other area where EPA or an Indian tribe has demonstrated that
a tribe has jurisdiction. In those areas of Indian country, the rule
does not have tribal implications and will not impose substantial
direct costs on tribal governments or preempt tribal law as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Dated: November 17, 2017.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
[FR Doc. 2017-26304 Filed 12-6-17; 8:45 am]
BILLING CODE 6560-50-P
