Air Plan Approval; Indiana; Redesignation of the Terre Haute Sulfur Dioxide Nonattainment Area, 19007-19012 [2019-09111]

Download as PDF Federal Register / Vol. 84, No. 86 / Friday, May 3, 2019 / Proposed Rules the Implementation of Title I of the Clean Air Act Amendments of 1990,’’ 59 FR 41998 (August 16, 1994). 5. ‘‘PM–10 Guideline Document,’’ EPA 452/R–93–008, April 1993. 6. ‘‘Fugitive Dust Background Document and Technical Information Document for Best Available Control Measures,’’ EPA 450/2–92–004, September 1992. B. Do the rules meet the evaluation criteria? These rules are consistent with CAA and regulatory requirements and relevant guidance regarding enforceability, BACM, RACM/RACT, and SIP revisions. EPA’s TSDs include more information on our evaluation of the rules. C. EPA Recommendations To Further Improve the Rules The TSDs include recommendations for the next time the ICAPCD modifies the rules. D. Public Comment and Proposed Action As authorized in section 110(k)(3) of the Act, the EPA proposes to fully approve the submitted rules (except for Rule 428 section E.4.2) because they fulfill all relevant requirements. We will accept comments from the public on this proposal until June 3, 2019. If we take final action to approve the submitted rules, our final action will incorporate these rules into the federally enforceable SIP. III. Incorporation by Reference In this rule, the EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference the ICAPCD rules described in Table 1 of this preamble. The EPA has made, and will continue to make, these materials available through www.regulations.gov and at the EPA Region IX Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). amozie on DSK9F9SC42PROD with PROPOSALS IV. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this proposed VerDate Sep<11>2014 16:06 May 02, 2019 Jkt 247001 action merely proposes to approve state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed 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 the EPA with the discretionary authority to address disproportionate human health or environmental effects with practical, appropriate, 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 the 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). PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 19007 List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Particulate matter, Reporting and recordkeeping requirements. Authority: 42 U.S.C. 7401 et seq. Dated: April 18, 2019. Deborah Jordan, Acting Regional Administrator, Region IX. [FR Doc. 2019–08975 Filed 5–2–19; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [EPA–R05–OAR–2018–0733; FRL–9993–26– Region 5] Air Plan Approval; Indiana; Redesignation of the Terre Haute Sulfur Dioxide Nonattainment Area Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to redesignate the Terre Haute area from nonattainment to attainment for the 2010 sulfur dioxide (SO2) standard. The area consists of Fayette and Harrison Townships in Vigo County, Indiana. EPA is also proposing to approve Indiana’s maintenance plan for this area. SUMMARY: Comments must be received on or before June 3, 2019. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R05– OAR–2017–0733 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 DATES: E:\FR\FM\03MYP1.SGM 03MYP1 19008 Federal Register / Vol. 84, No. 86 / Friday, May 3, 2019 / Proposed Rules 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: Samantha Panock, Environmental Scientist, Attainment Planning and Maintenance Section, Air Programs Branch (AR–18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312)353–8973, panock.samantha@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. Redesignation Requirements A. Determination of Attainment B. Permanent and Enforceable Emission Reductions C. Requirements for the Area Under Section 110 and Part D D. Fully Approved SIP Under Section 110(k) E. Maintenance Plan III. What action is EPA taking? IV. Statutory and Executive Order Reviews Indiana was required to submit a nonattainment State Implementation Plan (SIP) that meets the requirements of sections 172(c) and 191–192 of the Clean Air Act (CAA) and provide for attainment of the SO2 NAAQS as expeditiously as practicable, but no later than October 4, 2018, which represents five years after the area was originally designated as nonattainment under the 2010 SO2 NAAQS. SO2 emissions from all sources within the nonattainment area totaled 56,238 tons in 2011, and 2,662 tons in 2017. Due to a variety of factors, including the retirement of all coal-fired electric generating units at Wabash River Generating Station, there has been a significant, permanent, and enforceable reduction in SO2 emissions within the Terre Haute nonattainment area. In addition, the area’s SO2 monitors’ 3-year SO2 design values 1 for 2015–2017 had fallen below the SO2 NAAQS. Consequently, the Indiana Department of Environmental Management (IDEM) submitted a redesignation request on October 24, 2018. For the reasons set forth in this document, EPA is proposing to redesignate the area to attainment. II. Redesignation requirements I. Background On June 22, 2010 (75 FR 35520), EPA published a revised primary SO2 national ambient air quality standard (NAAQS) of 75 parts per billion (ppb), which is met at a monitoring site when the 3-year average of the annual 99th percentile of daily maximum 1-hour concentrations does not exceed 75 ppb. This NAAQS was codified at 40 CFR 50.4. On July 25, 2013 (78 FR 47191), EPA published its initial air quality designations for the SO2 NAAQS based upon air quality monitoring data for calendar years 2009–2011. In that action, the Vigo County area comprised of Fayette and Harrison Townships was designated nonattainment for the SO2 NAAQS (Terre Haute nonattainment area). Under CAA section 107(d)(3)(E), there are five criteria which must be met before a nonattainment area may be redesignated to attainment. 1. EPA has determined that the relevant NAAQS has been attained in the area. 2. The applicable implementation plan has been fully approved by EPA under section 110(k). 3. EPA has determined that improvement in air quality is due to permanent and enforceable reductions in emissions resulting from the SIP, Federal regulations, and other permanent and enforceable reductions. 4. EPA has fully approved a maintenance plan, including a contingency plan, for the area under section 175A of the CAA. 5. The State has met all applicable requirements for the area under section 110 and part D. A. Determination of Attainment For redesignation of a nonattainment area to attainment, the CAA requires EPA to determine that the area has attained the applicable NAAQS (CAA section 107(d)(3)(E)(i)). As stated in the April 2014 ‘‘Guidance for 1-Hour SO2 Nonattainment Area SIP Submissions,’’ for SO2, there are two components needed to support an attainment determination: A review of representative air quality monitoring data, and a further analysis, generally requiring air quality modeling, to demonstrate that the entire area is attaining the applicable standard, based on current actual emissions or the fully implemented control strategy. Indiana has addressed both components. Under EPA regulations at 40 CFR 50.17, the SO2 standard is met at an ambient air quality monitoring site when the 3-year average of the annual 99th percentile of 1-hour daily maximum concentrations is less than or equal to 75 ppb, as determined in accordance with appendix T of 40 CFR part 50, at all relevant monitoring sites in the subject area. EPA has reviewed the ambient air monitoring data for the Terre Haute nonattainment area. The Terre Haute nonattainment area has two SO2 monitoring sites located in Terre Haute—the Lafayette Avenue site and the Ft. Harrison Road site. This review addresses air quality data collected in the 2015–2017 period, which are the most recent quality assured data available. All data considered are complete, quality assured, certified, and recorded in EPA’s Air Quality System database. Table 1 shows the 2014–2017 design values for the Terre Haute nonattainment area. The 3-year average design values for 2014–2016 are 71 ppb and 114 ppb, respectively, for the Lafayette Avenue and Ft. Harrison Road monitoring sites. The 2015–2017 design values are 44 ppb and 75 ppb, respectively. All design values for 2015– 2017 are at or below the SO2 standard. Therefore, the Terre Haute SO2 monitors clearly show attainment. Preliminary data for 2018 indicate that the area continues to attain the SO2 standard. TABLE 1—MONITORING DATA FOR THE TERRE HAUTE NONATTAINMENT AREA FOR 2014–2017 amozie on DSK9F9SC42PROD with PROPOSALS Year and 99th percentile value (ppb) Site Site name 2014 18–167–0018 ................................. Lafayette Ave ................................ 1 The design value is a statistic computed according to the data handling procedures of the NAAQS (in 40 CFR part 50 appendix T) that, by VerDate Sep<11>2014 16:06 May 02, 2019 Jkt 247001 2015 85 2016 71 comparison to the level of the NAAQS, indicates whether the area is violating the NAAQS. For SO2, the design value is the 3-year average of the annual PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 2017 58 3 3-Year design values 2014–2016 (ppb) 3-Year design values 2015–2017 (ppb) 71 44 99th percentile of 1-hour daily maximum concentrations. E:\FR\FM\03MYP1.SGM 03MYP1 19009 Federal Register / Vol. 84, No. 86 / Friday, May 3, 2019 / Proposed Rules TABLE 1—MONITORING DATA FOR THE TERRE HAUTE NONATTAINMENT AREA FOR 2014–2017—Continued Year and 99th percentile value (ppb) Site Site name 2014 18–167–1014 ................................. Ft. Harrison Rd ............................. Regarding the second component of the attainment determination, IDEM has performed extensive modeling of the Terre Haute nonattainment area to determine the effect of local and national emission control strategies on SO2 and to demonstrate attainment of the SO2 NAAQS. A total of seven sources were included in the SO2 attainment demonstration and technical support document for the Terre Haute nonattainment area submitted to EPA for review and approval on October 2, 2015. These facilities are: (1) Duke Energy—Wabash River Generating Station, (2) Wabash Valley Power Authority—Wabash River CC Plant, (3) sqSolutions, (4) Sony DADC, (5) Taghleef Industries, (6) Terre Haute Regional Hospital, and (7) Terre Haute Union Hospital. The American Meteorological Society/Environmental Protection Agency Regulatory Model (AERMOD version 14134) was the regulatory air quality model used for the 2010 SO2 attainment demonstration modeling for the Terre Haute nonattainment area. Five years, 2008–2012, of surface meteorological data from the Indianapolis, IN National Weather Service (NWS) site was used in conjunction with five years of concurrent upper-air meteorological data from Lincoln, Illinois. 2015 120 2016 103 Several Federal rulemakings established allowable limits for the seven sources listed previously. These rulemakings include the Cross State Air Pollution Rule (CSAPR), Mercury and Air Toxics Standards (MATS), and National Emission Standards for Hazardous Air Pollutants for Major Sources (NESHAP): Industrial, Commercial, and Institutional Boilers and Process Heaters. These limits, which were adopted at 326 Indiana Administrative Code (IAC) 7–4–3.1, have been applied to the seven sources. The AERMOD modeling results for the Terre Haute nonattainment area showed a maximum 1-hour SO2 concentration of 167.0 micrograms per cubic meter (mg/m3). When added to a background concentration value of 23.0 mg/m3, a total 1-hour SO2 concentration of 189.9 mg/m3 is achieved. This is below the 1-hour SO2 NAAQS of 75 ppb or 196.2 mg/m3 and, therefore, demonstrates attainment of the NAAQS for SO2. In summary, the monitored data show attainment for 2015–2017, and IDEM has demonstrated, via modeling, that sources within the area are not expected to cause future violations in the area because of the permanent and enforceable limits that apply to those sources. Therefore, EPA agrees that the Terre Haute nonattainment area is currently attaining the SO2 NAAQS. 2017 120 3-Year design values 2014–2016 (ppb) 3-Year design values 2015–2017 (ppb) 114 75 3 B. Permanent and Enforceable Emission Reductions To support the redesignation of an area from nonattainment to attainment, section 107(d)(3)(E)(iii) of the CAA requires EPA to determine that the air quality improvement in the area is due to permanent and enforceable reductions in emissions resulting from the implementation of the attainment demonstration and applicable Federal air pollution control regulations as well as any other permanent and enforceable emission reductions. As previously stated, the reduction in emissions from the seven sources in the area has led to a decrease in monitored levels. The controls and operational changes that were made by the seven facilities, as well as unit retirements, resulted in emission reductions for the nonattainment area between the 2011 nonattainment base year and the 2017 attainment year. Table 2 compares SO2 emissions for all sources (i.e., EGU sources, non-EGU point sources, non-point sources (area), non-road sources, and on-road sources) for the 2011 nonattainment year and the 2017 attainment year for the Terre Haute area. SO2 emissions within Terre Haute declined by 99.7% between the nonattainment year (2011) and the attainment year (2017) resulting in attainment of the 2010 SO2 NAAQS. TABLE 2—COMPARISON OF 2011 (NONATTAINMENT YEAR) AND 2017 (ATTAINMENT YEAR) SO2 EMISSIONS, ALL SOURCES, TERRE HAUTE, INDIANA [Tons per year] SO2 .................................................................................................................. amozie on DSK9F9SC42PROD with PROPOSALS As indicated above, the seven facilities identified in the attainment plan have reduced their emissions from 2011 2017 Change % Change 56,238 191 ¥56,046 ¥99.7 the 2011 nonattainment year to the 2017 attainment year. Table 3, below, shows the reductions that took place from 2011 to 2017. TABLE 3—EMISSION REDUCTION COMPARISON OF 2011 (NONATTAINMENT YEAR) AND 2017 (ATTAINMENT YEAR) FOR SO2 EMISSIONS, TERRE HAUTE, INDIANA [Tons per year] Effective date of reduction Affected source Type of reduction Duke Energy—Wabash River ........... Facility Retirement ........................... VerDate Sep<11>2014 16:06 May 02, 2019 Jkt 247001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 2016 2011 Emissions (tpy) 55,343 E:\FR\FM\03MYP1.SGM 03MYP1 2017 Emissions (tpy) Change (tpy) 0 ¥55,343 19010 Federal Register / Vol. 84, No. 86 / Friday, May 3, 2019 / Proposed Rules TABLE 3—EMISSION REDUCTION COMPARISON OF 2011 (NONATTAINMENT YEAR) AND 2017 (ATTAINMENT YEAR) FOR SO2 EMISSIONS, TERRE HAUTE, INDIANA—Continued [Tons per year] Effective date of reduction 2011 Emissions (tpy) 2017 Emissions (tpy) Change (tpy) Affected source Type of reduction Wabash Valley PA—Wabash River CC Plant. sgSolutions ........................................ Sony DADC ....................................... Taghleef Industires ........................... Operational Limits ............................ 1/1/17 267 <1 ¥266 Operational Limits ............................ Fuel Switch (coal to natural gas) ..... Unit Retirement & Fuel Switch (coal to natural gas). None—Existing Operational Limits .. None—Existing Operational Limits .. 1/1/17 1/1/17 1/1/17 50 168 238 0 18 <1 ¥50 ¥150 ¥237 1/1/17 1/1/17 49 123 49 123 0 0 Terre Haute Regional Hospital ......... Terre Haute Union Hospital .............. EPA agrees that the improvement in air quality in the nonattainment area is due to permanent and enforceable emission reductions, as described more fully in EPA’s March 22, 2019 approval of Indiana’s attainment demonstration [84 FR 10692]. In preparing its attainment plan, Indiana adopted revisions to the previously approved SO2 regulations at 326 IAC 7. These rule revisions were adopted by the Indiana Environmental Rules Board following established, appropriate public review procedures. In addition, the rule revisions provide unambiguous, permanent emission limits, expressed in lbs/hour of allowable SO2 emissions, that, if exceeded by a source, would be clear grounds for an enforcement action. Revised limits for the seven facilities identified above are codified in 326 IAC 7, titled ‘‘Sulfur Dioxide Rules.’’ These are: ‘‘Compliance date’’ (326 IAC 7–1.1– 3, which contains a compliance date of January 1, 2017), ‘‘Reporting requirements; methods to determine compliance’’ (7–2–1), ‘‘Vigo County sulfur dioxide emission limitations’’ (7– 4–3.1). The rules also include associated monitoring, testing, and recordkeeping and reporting requirements. For example, continuous emission monitoring will be conducted for assessing compliance with the 30-day average limits. Specifically, 326 IAC 7– 1–10.1 is being replaced by 326 IAC 7– 4–3.1 for Vigo County. EPA finds these limits to be enforceable. An additional summary of the limits is provided in EPA’s March 22, 2019 approval of Indiana’s attainment demonstration (84 FR 10692). The attainment plan also satisfies requirements for emission inventories, RACT/RACM, RFP, and contingency measures. Additionally, Indiana has previously addressed requirements regarding nonattainment area NSR rules. Therefore, EPA has determined that Indiana’s SO2 attainment plan meet the applicable requirements of CAA sections 110, 172, 191, and 192. C. Requirements for the Area Under Section 110 and Part D As a criterion for redesignation of an area from nonattainment to attainment of a NAAQS, the CAA requires EPA to determine that the state has met all applicable requirements under section 110 and part D of title I of the CAA (see section 107(d)(3)(E)(v) of the CAA). Indiana’s submission meets section 110 and part D requirements. EPA approved Indiana’s infrastructure SIP for SO2 on August 3, 2015 (80 FR 48733). In this infrastructure SIP approval, EPA determined that Indiana’s SIP meets the requirements of CAA section 110(a)(1) and 110(a)(2) and contains the basic program elements, such as an active enforcement program and permitting program. With the redesignation request of October 24, 2018, Indiana submitted information addressing the SIP requirements under section 172 and part D. Indiana submitted an attainment inventory of the SO2 emissions from sources in the nonattainment area on October 2, 2015. Indiana chose 2011 for its base year emissions inventory, as comprehensive emissions data was available and updated that year, which satisfies the 172(c)(3) requirements. The seven facilities identified in the previous section were the main sources in the nonattainment area. Table 4 compares SO2 emissions for all sources for the 2017 attainment year and the 2030 maintenance year for Terre Haute, Indiana. SO2 emissions within the Terre Haute area are projected to decline by 71% between 2017 and 2030, primarily due to facility and unit retirement, fuel switching (coal to natural gas), and operational limits (SIP approved emission limits based on 1hour SO2 rates in pounds per hour identified for each facility in 326 IAC 7– 4–3.1). The decrease in emissions shown between the attainment year (2017) and the maintenance year (2030) in Table 3 illustrates that continued maintenance of the 2010 1-hour SO2 NAAQS is expected. TABLE 4—COMPARISON OF 2017 (ATTAINMENT YEAR) AND 2030 (MAINTENANCE YEAR) SO2 EMISSIONS, ALL SOURCES, TERRE HAUTE, INDIANA amozie on DSK9F9SC42PROD with PROPOSALS [Tons per year] SO2 .................................................................................................................. Section 172(c)(1) requires nonattainment area SIPs to provide for the implementation of all reasonably available control measures (RACM) as expeditiously as practicable and to VerDate Sep<11>2014 16:06 May 02, 2019 Jkt 247001 2017 2030 Change % Change 9,231 2,662 ¥6,569 ¥71 provide for attainment of the NAAQS. EPA’s longstanding interpretation of the nonattainment planning requirements of section 172 is that once an area is attaining the NAAQS, those PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 requirements are not applicable for purposes of CAA section 107(d)(3)(E)(ii) and therefore need not be approved into the SIP before EPA can redesignate the area. In the 1992 General Preamble for E:\FR\FM\03MYP1.SGM 03MYP1 Federal Register / Vol. 84, No. 86 / Friday, May 3, 2019 / Proposed Rules amozie on DSK9F9SC42PROD with PROPOSALS Implementation of Title I, EPA set forth its interpretation of applicable requirements for purposes of evaluating redesignation requests when an area is attaining a standard. See 57 FR 13498, 13564 (April 16, 1992). EPA noted that the requirements for reasonable further progress (RFP) and other measures designed to provide for attainment do not apply in evaluating redesignation requests because those nonattainment planning requirements ‘‘have no meaning’’ for an area that has already attained the standard. EPA’s understanding of section 172 also forms the basis of its Clean Data Policy, which was articulated with regard to SO2 in the April 2014 ‘‘Guidance for 1-Hour SO2 Nonattainment Area SIP Submissions,’’ and suspends a State’s obligation to submit most of the attainment planning requirements that would otherwise apply, including an attainment demonstration and planning SIPs to provide for RFP, RACM, and contingency measures under section 172(c)(9). Courts have upheld EPA’s interpretation of section 172(c)(1) for ‘‘reasonably available’’ control measures and control technology as meaning only those controls that advance attainment, which precludes the need to require additional measures where an area is already attaining. NRDC v. EPA, 571 F.3d 1245, 1252 (D.C. Cir. 2009); Sierra Club v. EPA, 294 F.3d 155, 162 (D.C. Cir. 2002); Sierra Club v. EPA, 314 F.3d 735, 744 (5th Cir. 2002); Sierra Club v. EPA, 375 F.3d 537 (7th Cir. 2004).2 Therefore, because the Terre Haute nonattainment area has attained the SO2 standard, no additional measures are needed to provide for attainment, and section 172(c)(1) requirements for an attainment demonstration and RACM are not part of the ‘‘applicable implementation plan’’ required to have been approved prior to redesignation per CAA section 107(d)(3)(E)(ii). EPA believes that Indiana has satisfied the reasonably available control measures/ reasonably available control techniques (RACM/RACT) requirement for this area. The other section 172 requirements that are designed to help an area achieve attainment are the section 172(c)(2) requirement that nonattainment plans contain provisions promoting RFP, the requirement to submit the section 2 Although the Court of Appeals for the Sixth Circuit has issued a contrary opinion in the context of redesignations for ozone and PM2.5, EPA believes that these opinions, interpreting the applicability of the ozone and PM2.5 RACM/RACT requirements for redesignations for those pollutants, do not address the applicability of the RACM/RACT requirement for SO2. See Sierra Club v. EPA, 793 F.3d 656 (6th Cir. 2015). VerDate Sep<11>2014 16:06 May 02, 2019 Jkt 247001 172(c)(9) contingency measures, and the section 172(c)(6) requirement for the SIP to contain control measures necessary to provide for attainment of the NAAQS. These are also not required to be approved as part of the ‘‘applicable implementation plan’’ for purposes of satisfying CAA section 107(d)(3)(E)(ii). Section 172(c)(4) requires the identification and quantification of allowable emissions for major new and modified stationary sources to be allowed in an area, and section 172(c)(5) requires source permits for the construction and operation of new and modified major stationary sources anywhere in the nonattainment area. EPA has determined that, since Prevention of Significant Deterioration (PSD) requirements will apply after redesignation, areas being redesignated need not comply with the requirement that a New Source Review (NSR) program be approved prior to redesignation, provided that the area demonstrates maintenance of the NAAQS without part D NSR. A more detailed rationale for this view is described in a memorandum from Mary Nichols, Assistant Administrator for Air and Radiation, dated October 14, 1994, entitled ‘‘Part D New Source Review Requirements for Areas Requesting Redesignation to Attainment.’’ Indiana has demonstrated that the Terre Haute nonattainment area will be able to maintain the 2010 SO2 NAAQS without part D NSR in effect, and therefore Indiana does not need to have a fully approved part D NSR program prior to approval of the redesignation request. Indiana’s PSD program will become effective in the nonattainment area upon redesignation to attainment. Section 172(c)(7) requires the SIP to meet the applicable provisions of section 110(a)(2). As noted above, EPA believes that the Indiana SIP meets the requirements of section 110(a)(2) applicable for purposes of redesignation. Section 176(c) of the CAA requires States to establish criteria and procedures to ensure that federally supported or funded projects conform to the air quality planning goals in the applicable SIP. The requirement to determine conformity applies to transportation plans, programs, and projects that are developed, funded, or approved under title 23 of the United States Code (U.S.C.) and the Federal Transit Act (transportation conformity) as well as to all other federally supported or funded projects (general conformity). State transportation conformity SIP revisions must be consistent with Federal conformity regulations relating to consultation, PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 19011 enforcement, and enforceability that EPA promulgated pursuant to its authority under the CAA. On June 4, 2010, Indiana submitted documentation establishing transportation conformity procedures in its SIP. EPA approved these procedures on August 17, 2010 (75 FR 50708). Moreover, EPA interprets the conformity SIP requirements as not applying for purposes of evaluating a redesignation request under section 107(d) because, like other requirements listed above, State conformity rules are still required after redesignation and Federal conformity rules apply where State rules have not been approved. See Wall v. EPA, 265 F.3d 426 (6th Cir. 2001) (upholding this interpretation); see also 60 FR 62748 (December 7, 1995) (redesignation of Tampa, Florida). As discussed above, EPA is proposing to find that Indiana has satisfied all applicable requirements for purposes of redesignation of the Terre Haute nonattainment area under section 110 and part D of title I of the CAA. D. Fully Approved SIP Under Section 110(k) As a criterion for redesignation of an area from nonattainment to attainment of a NAAQS, the CAA requires that the state has a fully approved SIP under section 110(k) of the CAA (see section 107(d)(3)(E)(ii) of the CAA). SIPs must be fully approved only with respect to currently applicable requirements of the CAA. EPA has determined that Indiana has a fully approved SIP under section 110(k). As discussed above in section II.C., Indiana has submitted, and EPA has approved all applicable requirements under section 110 and part D of title I of the CAA. Indiana has implemented its SO2 SIP regulations at 326 IAC 7–4–3, and Indiana maintains an active enforcement program to ensure ongoing compliance. Indiana’s new source review/prevention of significant deterioration program will address emissions from new sources. Indiana’s current SO2 SIP rule for Vigo County, which contains the Terre Haute SO2 area, is codified at 326 IAC 7–4–3 which was approved into the SIP on March 22, 2019 (84 FR 10692). E. Maintenance Plan CAA section 175A sets forth the elements of a maintenance plan for areas seeking redesignation from nonattainment to attainment. Under section 175A, the plan must demonstrate continued attainment of the applicable NAAQS for at least ten years after the nonattainment area is redesignated to attainment. Eight years after the redesignation, the state must submit a revised maintenance plan E:\FR\FM\03MYP1.SGM 03MYP1 amozie on DSK9F9SC42PROD with PROPOSALS 19012 Federal Register / Vol. 84, No. 86 / Friday, May 3, 2019 / Proposed Rules demonstrating that attainment will continue to be maintained for the ten years following the initial ten year period. To address the possibility of future 2010 SO2 NAAQS violations, the maintenance plan must contain contingency measures as EPA deems necessary to assure prompt correction of any future 2010 SO2 NAAQS violations. Specifically, the maintenance plan should address five requirements: The attainment emissions inventory, maintenance demonstration, monitoring, verification of continued attainment, and a contingency plan. Indiana’s October 24, 2018 redesignation request contains its maintenance plan, which Indiana has committed to review eight years after redesignation. Indiana submitted an attainment emission inventory which addresses current emissions and projections of future emissions for point, area, and mobile sources. Indiana has demonstrated that the area is attaining and is expected to maintain the SO2 NAAQS. Indiana has committed to continue monitoring at its monitoring sites in accordance with the requirements of 40 CFR part 58. These data will be used to verify continued attainment. Indiana has the authority to adopt, implement and enforce any subsequent emissions control measures deemed necessary to correct any future SO2 violations. Regarding contingency measures to implement in the case of a future violation of the 2010 SO2 standard, Indiana provided a list of five potential measures for the sources within the nonattainment area, including requiring: Alternative fuel, SO2 emissions add-on control technologies for existing emission units, reduced operating hours, SO2 emission offsets for new and modified major sources and SO2 emission offsets for new and modified minor sources. Indiana commits to study SO2 emission trends and identify areas of concern if the annual average 99th percentile maximum daily 1-hour SO2 concentration of 79 ppb or greater occurs in a single year, or if a 2-year average of 76 ppb or greater occurs in the maintenance area. Indiana will adopt and implement corrective actions as necessary to address such trends of increasing emissions or ambient impacts. The public will have the opportunity to participate in the contingency measure implementation process. EPA proposes to find that Indiana’s maintenance plan adequately addresses the five basic components necessary to maintain the SO2 standard in the Terre Haute nonattainment area. VerDate Sep<11>2014 16:06 May 02, 2019 Jkt 247001 III. What action is EPA taking? As requested by Indiana on October 24, 2018, EPA is proposing to redesignate the Terre Haute nonattainment area from nonattainment to attainment of the 2010 SO2 NAAQS. Indiana has demonstrated that the area is attaining the SO2 standard, and that the improvement in air quality is due to permanent and enforceable measures. EPA is also proposing to approve the maintenance plan that Indiana submitted to ensure that the area will continue to maintain the SO2 standard. IV. Statutory and Executive Order Reviews Under the CAA, redesignation of an area to attainment and the accompanying approval of the maintenance plan under CAA section 107(d)(3)(E) are actions that affect the status of geographical area and do not impose any additional regulatory requirements on sources beyond those required by state law. A redesignation to attainment does not in and of itself impose any new requirements, but rather results in the application of requirements contained in the CAA for areas that have been redesignated to attainment. Moreover, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely 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); PO 00000 Frm 00016 Fmt 4702 Sfmt 9990 • 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). List of Subjects 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements, Sulfur oxides. 40 CFR Part 81 Environmental protection, Air pollution control, National parks, Wilderness areas. Dated: April 24, 2019. Cheryl L. Newton, Acting Regional Administrator, Region 5. [FR Doc. 2019–09111 Filed 5–2–19; 8:45 am] BILLING CODE 6560–50–P E:\FR\FM\03MYP1.SGM 03MYP1

Agencies

[Federal Register Volume 84, Number 86 (Friday, May 3, 2019)]
[Proposed Rules]
[Pages 19007-19012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09111]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2018-0733; FRL-9993-26-Region 5]


Air Plan Approval; Indiana; Redesignation of the Terre Haute 
Sulfur Dioxide Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
redesignate the Terre Haute area from nonattainment to attainment for 
the 2010 sulfur dioxide (SO2) standard. The area consists of 
Fayette and Harrison Townships in Vigo County, Indiana. EPA is also 
proposing to approve Indiana's maintenance plan for this area.

DATES: Comments must be received on or before June 3, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2017-0733 at https://www.regulations.gov, or via email to 
[email protected]. 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

[[Page 19008]]

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: Samantha Panock, Environmental 
Scientist, Attainment Planning and Maintenance Section, Air Programs 
Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West 
Jackson Boulevard, Chicago, Illinois 60604, (312)353-8973, 
[email protected].

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. Redesignation Requirements
    A. Determination of Attainment
    B. Permanent and Enforceable Emission Reductions
    C. Requirements for the Area Under Section 110 and Part D
    D. Fully Approved SIP Under Section 110(k)
    E. Maintenance Plan
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. Background

    On June 22, 2010 (75 FR 35520), EPA published a revised primary 
SO2 national ambient air quality standard (NAAQS) of 75 
parts per billion (ppb), which is met at a monitoring site when the 3-
year average of the annual 99th percentile of daily maximum 1-hour 
concentrations does not exceed 75 ppb. This NAAQS was codified at 40 
CFR 50.4. On July 25, 2013 (78 FR 47191), EPA published its initial air 
quality designations for the SO2 NAAQS based upon air 
quality monitoring data for calendar years 2009-2011. In that action, 
the Vigo County area comprised of Fayette and Harrison Townships was 
designated nonattainment for the SO2 NAAQS (Terre Haute 
nonattainment area).
    Indiana was required to submit a nonattainment State Implementation 
Plan (SIP) that meets the requirements of sections 172(c) and 191-192 
of the Clean Air Act (CAA) and provide for attainment of the 
SO2 NAAQS as expeditiously as practicable, but no later than 
October 4, 2018, which represents five years after the area was 
originally designated as nonattainment under the 2010 SO2 
NAAQS. SO2 emissions from all sources within the 
nonattainment area totaled 56,238 tons in 2011, and 2,662 tons in 2017. 
Due to a variety of factors, including the retirement of all coal-fired 
electric generating units at Wabash River Generating Station, there has 
been a significant, permanent, and enforceable reduction in 
SO2 emissions within the Terre Haute nonattainment area. In 
addition, the area's SO2 monitors' 3-year SO2 
design values \1\ for 2015-2017 had fallen below the SO2 
NAAQS. Consequently, the Indiana Department of Environmental Management 
(IDEM) submitted a redesignation request on October 24, 2018. For the 
reasons set forth in this document, EPA is proposing to redesignate the 
area to attainment.
---------------------------------------------------------------------------

    \1\ The design value is a statistic computed according to the 
data handling procedures of the NAAQS (in 40 CFR part 50 appendix T) 
that, by comparison to the level of the NAAQS, indicates whether the 
area is violating the NAAQS. For SO2, the design value is 
the 3-year average of the annual 99th percentile of 1-hour daily 
maximum concentrations.
---------------------------------------------------------------------------

II. Redesignation requirements

    Under CAA section 107(d)(3)(E), there are five criteria which must 
be met before a nonattainment area may be redesignated to attainment.
    1. EPA has determined that the relevant NAAQS has been attained in 
the area.
    2. The applicable implementation plan has been fully approved by 
EPA under section 110(k).
    3. EPA has determined that improvement in air quality is due to 
permanent and enforceable reductions in emissions resulting from the 
SIP, Federal regulations, and other permanent and enforceable 
reductions.
    4. EPA has fully approved a maintenance plan, including a 
contingency plan, for the area under section 175A of the CAA.
    5. The State has met all applicable requirements for the area under 
section 110 and part D.

A. Determination of Attainment

    For redesignation of a nonattainment area to attainment, the CAA 
requires EPA to determine that the area has attained the applicable 
NAAQS (CAA section 107(d)(3)(E)(i)). As stated in the April 2014 
``Guidance for 1-Hour SO2 Nonattainment Area SIP 
Submissions,'' for SO2, there are two components needed to 
support an attainment determination: A review of representative air 
quality monitoring data, and a further analysis, generally requiring 
air quality modeling, to demonstrate that the entire area is attaining 
the applicable standard, based on current actual emissions or the fully 
implemented control strategy. Indiana has addressed both components.
    Under EPA regulations at 40 CFR 50.17, the SO2 standard 
is met at an ambient air quality monitoring site when the 3-year 
average of the annual 99th percentile of 1-hour daily maximum 
concentrations is less than or equal to 75 ppb, as determined in 
accordance with appendix T of 40 CFR part 50, at all relevant 
monitoring sites in the subject area. EPA has reviewed the ambient air 
monitoring data for the Terre Haute nonattainment area. The Terre Haute 
nonattainment area has two SO2 monitoring sites located in 
Terre Haute--the Lafayette Avenue site and the Ft. Harrison Road site. 
This review addresses air quality data collected in the 2015-2017 
period, which are the most recent quality assured data available. All 
data considered are complete, quality assured, certified, and recorded 
in EPA's Air Quality System database.
    Table 1 shows the 2014-2017 design values for the Terre Haute 
nonattainment area. The 3-year average design values for 2014-2016 are 
71 ppb and 114 ppb, respectively, for the Lafayette Avenue and Ft. 
Harrison Road monitoring sites. The 2015-2017 design values are 44 ppb 
and 75 ppb, respectively. All design values for 2015-2017 are at or 
below the SO2 standard. Therefore, the Terre Haute 
SO2 monitors clearly show attainment. Preliminary data for 
2018 indicate that the area continues to attain the SO2 
standard.

                                      Table 1--Monitoring Data for the Terre Haute Nonattainment Area for 2014-2017
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             Year and 99th percentile value (ppb)          3-Year design   3-Year design
                                                                     ----------------------------------------------------  values  2014-   values  2015-
                  Site                             Site name                                                                2016 (ppb)      2017 (ppb)
                                                                          2014         2015         2016         2017
--------------------------------------------------------------------------------------------------------------------------------------------------------
18-167-0018.............................  Lafayette Ave.............           85           71           58            3              71              44

[[Page 19009]]

 
18-167-1014.............................  Ft. Harrison Rd...........          120          103          120            3             114              75
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Regarding the second component of the attainment determination, 
IDEM has performed extensive modeling of the Terre Haute nonattainment 
area to determine the effect of local and national emission control 
strategies on SO2 and to demonstrate attainment of the 
SO2 NAAQS.
    A total of seven sources were included in the SO2 
attainment demonstration and technical support document for the Terre 
Haute nonattainment area submitted to EPA for review and approval on 
October 2, 2015. These facilities are: (1) Duke Energy--Wabash River 
Generating Station, (2) Wabash Valley Power Authority--Wabash River CC 
Plant, (3) sqSolutions, (4) Sony DADC, (5) Taghleef Industries, (6) 
Terre Haute Regional Hospital, and (7) Terre Haute Union Hospital.
    The American Meteorological Society/Environmental Protection Agency 
Regulatory Model (AERMOD version 14134) was the regulatory air quality 
model used for the 2010 SO2 attainment demonstration 
modeling for the Terre Haute nonattainment area. Five years, 2008-2012, 
of surface meteorological data from the Indianapolis, IN National 
Weather Service (NWS) site was used in conjunction with five years of 
concurrent upper-air meteorological data from Lincoln, Illinois.
    Several Federal rulemakings established allowable limits for the 
seven sources listed previously. These rulemakings include the Cross 
State Air Pollution Rule (CSAPR), Mercury and Air Toxics Standards 
(MATS), and National Emission Standards for Hazardous Air Pollutants 
for Major Sources (NESHAP): Industrial, Commercial, and Institutional 
Boilers and Process Heaters. These limits, which were adopted at 326 
Indiana Administrative Code (IAC) 7-4-3.1, have been applied to the 
seven sources.
    The AERMOD modeling results for the Terre Haute nonattainment area 
showed a maximum 1-hour SO2 concentration of 167.0 
micrograms per cubic meter ([mu]g/m3). When added to a background 
concentration value of 23.0 [mu]g/m3, a total 1-hour SO2 
concentration of 189.9 [mu]g/m3 is achieved. This is below the 1-hour 
SO2 NAAQS of 75 ppb or 196.2 [mu]g/m3 and, therefore, 
demonstrates attainment of the NAAQS for SO2.
    In summary, the monitored data show attainment for 2015-2017, and 
IDEM has demonstrated, via modeling, that sources within the area are 
not expected to cause future violations in the area because of the 
permanent and enforceable limits that apply to those sources. 
Therefore, EPA agrees that the Terre Haute nonattainment area is 
currently attaining the SO2 NAAQS.

B. Permanent and Enforceable Emission Reductions

    To support the redesignation of an area from nonattainment to 
attainment, section 107(d)(3)(E)(iii) of the CAA requires EPA to 
determine that the air quality improvement in the area is due to 
permanent and enforceable reductions in emissions resulting from the 
implementation of the attainment demonstration and applicable Federal 
air pollution control regulations as well as any other permanent and 
enforceable emission reductions. As previously stated, the reduction in 
emissions from the seven sources in the area has led to a decrease in 
monitored levels. The controls and operational changes that were made 
by the seven facilities, as well as unit retirements, resulted in 
emission reductions for the nonattainment area between the 2011 
nonattainment base year and the 2017 attainment year.
    Table 2 compares SO2 emissions for all sources (i.e., 
EGU sources, non-EGU point sources, non-point sources (area), non-road 
sources, and on-road sources) for the 2011 nonattainment year and the 
2017 attainment year for the Terre Haute area. SO2 emissions 
within Terre Haute declined by 99.7% between the nonattainment year 
(2011) and the attainment year (2017) resulting in attainment of the 
2010 SO2 NAAQS.

  Table 2--Comparison of 2011 (Nonattainment Year) and 2017 (Attainment Year) SO2 Emissions, All Sources, Terre
                                                 Haute, Indiana
                                                 [Tons per year]
----------------------------------------------------------------------------------------------------------------
                                                    2011             2017            Change          % Change
----------------------------------------------------------------------------------------------------------------
SO2.........................................          56,238              191          -56,046            -99.7
----------------------------------------------------------------------------------------------------------------

    As indicated above, the seven facilities identified in the 
attainment plan have reduced their emissions from the 2011 
nonattainment year to the 2017 attainment year. Table 3, below, shows 
the reductions that took place from 2011 to 2017.

     Table 3--Emission Reduction Comparison of 2011 (Nonattainment Year) and 2017 (Attainment Year) for SO2
                                         Emissions, Terre Haute, Indiana
                                                 [Tons per year]
----------------------------------------------------------------------------------------------------------------
                                     Type of      Effective date  2011 Emissions  2017 Emissions
        Affected source             reduction      of reduction        (tpy)           (tpy)       Change (tpy)
----------------------------------------------------------------------------------------------------------------
Duke Energy--Wabash River.....  Facility                    2016          55,343               0         -55,343
                                 Retirement.

[[Page 19010]]

 
Wabash Valley PA--Wabash River  Operational               1/1/17             267              <1            -266
 CC Plant.                       Limits.
sgSolutions...................  Operational               1/1/17              50               0             -50
                                 Limits.
Sony DADC.....................  Fuel Switch               1/1/17             168              18            -150
                                 (coal to
                                 natural gas).
Taghleef Industires...........  Unit Retirement           1/1/17             238              <1            -237
                                 & Fuel Switch
                                 (coal to
                                 natural gas).
Terre Haute Regional Hospital.  None--Existing            1/1/17              49              49               0
                                 Operational
                                 Limits.
Terre Haute Union Hospital....  None--Existing            1/1/17             123             123               0
                                 Operational
                                 Limits.
----------------------------------------------------------------------------------------------------------------

    EPA agrees that the improvement in air quality in the nonattainment 
area is due to permanent and enforceable emission reductions, as 
described more fully in EPA's March 22, 2019 approval of Indiana's 
attainment demonstration [84 FR 10692]. In preparing its attainment 
plan, Indiana adopted revisions to the previously approved 
SO2 regulations at 326 IAC 7. These rule revisions were 
adopted by the Indiana Environmental Rules Board following established, 
appropriate public review procedures. In addition, the rule revisions 
provide unambiguous, permanent emission limits, expressed in lbs/hour 
of allowable SO2 emissions, that, if exceeded by a source, 
would be clear grounds for an enforcement action.
    Revised limits for the seven facilities identified above are 
codified in 326 IAC 7, titled ``Sulfur Dioxide Rules.'' These are: 
``Compliance date'' (326 IAC 7-1.1-3, which contains a compliance date 
of January 1, 2017), ``Reporting requirements; methods to determine 
compliance'' (7-2-1), ``Vigo County sulfur dioxide emission 
limitations'' (7-4-3.1). The rules also include associated monitoring, 
testing, and recordkeeping and reporting requirements. For example, 
continuous emission monitoring will be conducted for assessing 
compliance with the 30-day average limits. Specifically, 326 IAC 7-1-
10.1 is being replaced by 326 IAC 7-4-3.1 for Vigo County. EPA finds 
these limits to be enforceable. An additional summary of the limits is 
provided in EPA's March 22, 2019 approval of Indiana's attainment 
demonstration (84 FR 10692). The attainment plan also satisfies 
requirements for emission inventories, RACT/RACM, RFP, and contingency 
measures. Additionally, Indiana has previously addressed requirements 
regarding nonattainment area NSR rules. Therefore, EPA has determined 
that Indiana's SO2 attainment plan meet the applicable 
requirements of CAA sections 110, 172, 191, and 192.

C. Requirements for the Area Under Section 110 and Part D

    As a criterion for redesignation of an area from nonattainment to 
attainment of a NAAQS, the CAA requires EPA to determine that the state 
has met all applicable requirements under section 110 and part D of 
title I of the CAA (see section 107(d)(3)(E)(v) of the CAA). Indiana's 
submission meets section 110 and part D requirements. EPA approved 
Indiana's infrastructure SIP for SO2 on August 3, 2015 (80 
FR 48733). In this infrastructure SIP approval, EPA determined that 
Indiana's SIP meets the requirements of CAA section 110(a)(1) and 
110(a)(2) and contains the basic program elements, such as an active 
enforcement program and permitting program.
    With the redesignation request of October 24, 2018, Indiana 
submitted information addressing the SIP requirements under section 172 
and part D. Indiana submitted an attainment inventory of the 
SO2 emissions from sources in the nonattainment area on 
October 2, 2015. Indiana chose 2011 for its base year emissions 
inventory, as comprehensive emissions data was available and updated 
that year, which satisfies the 172(c)(3) requirements. The seven 
facilities identified in the previous section were the main sources in 
the nonattainment area.
    Table 4 compares SO2 emissions for all sources for the 
2017 attainment year and the 2030 maintenance year for Terre Haute, 
Indiana. SO2 emissions within the Terre Haute area are 
projected to decline by 71% between 2017 and 2030, primarily due to 
facility and unit retirement, fuel switching (coal to natural gas), and 
operational limits (SIP approved emission limits based on 1-hour 
SO2 rates in pounds per hour identified for each facility in 
326 IAC 7-4-3.1). The decrease in emissions shown between the 
attainment year (2017) and the maintenance year (2030) in Table 3 
illustrates that continued maintenance of the 2010 1-hour 
SO2 NAAQS is expected.

   Table 4--Comparison of 2017 (Attainment Year) and 2030 (Maintenance Year) SO2 Emissions, All Sources, Terre
                                                 Haute, Indiana
                                                 [Tons per year]
----------------------------------------------------------------------------------------------------------------
                                                    2017             2030            Change          % Change
----------------------------------------------------------------------------------------------------------------
SO2.........................................           9,231            2,662           -6,569              -71
----------------------------------------------------------------------------------------------------------------

    Section 172(c)(1) requires nonattainment area SIPs to provide for 
the implementation of all reasonably available control measures (RACM) 
as expeditiously as practicable and to provide for attainment of the 
NAAQS. EPA's longstanding interpretation of the nonattainment planning 
requirements of section 172 is that once an area is attaining the 
NAAQS, those requirements are not applicable for purposes of CAA 
section 107(d)(3)(E)(ii) and therefore need not be approved into the 
SIP before EPA can redesignate the area. In the 1992 General Preamble 
for

[[Page 19011]]

Implementation of Title I, EPA set forth its interpretation of 
applicable requirements for purposes of evaluating redesignation 
requests when an area is attaining a standard. See 57 FR 13498, 13564 
(April 16, 1992). EPA noted that the requirements for reasonable 
further progress (RFP) and other measures designed to provide for 
attainment do not apply in evaluating redesignation requests because 
those nonattainment planning requirements ``have no meaning'' for an 
area that has already attained the standard. EPA's understanding of 
section 172 also forms the basis of its Clean Data Policy, which was 
articulated with regard to SO2 in the April 2014 ``Guidance 
for 1-Hour SO2 Nonattainment Area SIP Submissions,'' and 
suspends a State's obligation to submit most of the attainment planning 
requirements that would otherwise apply, including an attainment 
demonstration and planning SIPs to provide for RFP, RACM, and 
contingency measures under section 172(c)(9). Courts have upheld EPA's 
interpretation of section 172(c)(1) for ``reasonably available'' 
control measures and control technology as meaning only those controls 
that advance attainment, which precludes the need to require additional 
measures where an area is already attaining. NRDC v. EPA, 571 F.3d 
1245, 1252 (D.C. Cir. 2009); Sierra Club v. EPA, 294 F.3d 155, 162 
(D.C. Cir. 2002); Sierra Club v. EPA, 314 F.3d 735, 744 (5th Cir. 
2002); Sierra Club v. EPA, 375 F.3d 537 (7th Cir. 2004).\2\ Therefore, 
because the Terre Haute nonattainment area has attained the 
SO2 standard, no additional measures are needed to provide 
for attainment, and section 172(c)(1) requirements for an attainment 
demonstration and RACM are not part of the ``applicable implementation 
plan'' required to have been approved prior to redesignation per CAA 
section 107(d)(3)(E)(ii). EPA believes that Indiana has satisfied the 
reasonably available control measures/reasonably available control 
techniques (RACM/RACT) requirement for this area.
---------------------------------------------------------------------------

    \2\ Although the Court of Appeals for the Sixth Circuit has 
issued a contrary opinion in the context of redesignations for ozone 
and PM2.5, EPA believes that these opinions, interpreting 
the applicability of the ozone and PM2.5 RACM/RACT 
requirements for redesignations for those pollutants, do not address 
the applicability of the RACM/RACT requirement for SO2. 
See Sierra Club v. EPA, 793 F.3d 656 (6th Cir. 2015).
---------------------------------------------------------------------------

    The other section 172 requirements that are designed to help an 
area achieve attainment are the section 172(c)(2) requirement that 
nonattainment plans contain provisions promoting RFP, the requirement 
to submit the section 172(c)(9) contingency measures, and the section 
172(c)(6) requirement for the SIP to contain control measures necessary 
to provide for attainment of the NAAQS. These are also not required to 
be approved as part of the ``applicable implementation plan'' for 
purposes of satisfying CAA section 107(d)(3)(E)(ii).
    Section 172(c)(4) requires the identification and quantification of 
allowable emissions for major new and modified stationary sources to be 
allowed in an area, and section 172(c)(5) requires source permits for 
the construction and operation of new and modified major stationary 
sources anywhere in the nonattainment area. EPA has determined that, 
since Prevention of Significant Deterioration (PSD) requirements will 
apply after redesignation, areas being redesignated need not comply 
with the requirement that a New Source Review (NSR) program be approved 
prior to redesignation, provided that the area demonstrates maintenance 
of the NAAQS without part D NSR. A more detailed rationale for this 
view is described in a memorandum from Mary Nichols, Assistant 
Administrator for Air and Radiation, dated October 14, 1994, entitled 
``Part D New Source Review Requirements for Areas Requesting 
Redesignation to Attainment.'' Indiana has demonstrated that the Terre 
Haute nonattainment area will be able to maintain the 2010 
SO2 NAAQS without part D NSR in effect, and therefore 
Indiana does not need to have a fully approved part D NSR program prior 
to approval of the redesignation request. Indiana's PSD program will 
become effective in the nonattainment area upon redesignation to 
attainment.
    Section 172(c)(7) requires the SIP to meet the applicable 
provisions of section 110(a)(2). As noted above, EPA believes that the 
Indiana SIP meets the requirements of section 110(a)(2) applicable for 
purposes of redesignation.
    Section 176(c) of the CAA requires States to establish criteria and 
procedures to ensure that federally supported or funded projects 
conform to the air quality planning goals in the applicable SIP. The 
requirement to determine conformity applies to transportation plans, 
programs, and projects that are developed, funded, or approved under 
title 23 of the United States Code (U.S.C.) and the Federal Transit Act 
(transportation conformity) as well as to all other federally supported 
or funded projects (general conformity). State transportation 
conformity SIP revisions must be consistent with Federal conformity 
regulations relating to consultation, enforcement, and enforceability 
that EPA promulgated pursuant to its authority under the CAA. On June 
4, 2010, Indiana submitted documentation establishing transportation 
conformity procedures in its SIP. EPA approved these procedures on 
August 17, 2010 (75 FR 50708). Moreover, EPA interprets the conformity 
SIP requirements as not applying for purposes of evaluating a 
redesignation request under section 107(d) because, like other 
requirements listed above, State conformity rules are still required 
after redesignation and Federal conformity rules apply where State 
rules have not been approved. See Wall v. EPA, 265 F.3d 426 (6th Cir. 
2001) (upholding this interpretation); see also 60 FR 62748 (December 
7, 1995) (redesignation of Tampa, Florida).
    As discussed above, EPA is proposing to find that Indiana has 
satisfied all applicable requirements for purposes of redesignation of 
the Terre Haute nonattainment area under section 110 and part D of 
title I of the CAA.

D. Fully Approved SIP Under Section 110(k)

    As a criterion for redesignation of an area from nonattainment to 
attainment of a NAAQS, the CAA requires that the state has a fully 
approved SIP under section 110(k) of the CAA (see section 
107(d)(3)(E)(ii) of the CAA). SIPs must be fully approved only with 
respect to currently applicable requirements of the CAA. EPA has 
determined that Indiana has a fully approved SIP under section 110(k). 
As discussed above in section II.C., Indiana has submitted, and EPA has 
approved all applicable requirements under section 110 and part D of 
title I of the CAA. Indiana has implemented its SO2 SIP 
regulations at 326 IAC 7-4-3, and Indiana maintains an active 
enforcement program to ensure ongoing compliance. Indiana's new source 
review/prevention of significant deterioration program will address 
emissions from new sources. Indiana's current SO2 SIP rule 
for Vigo County, which contains the Terre Haute SO2 area, is 
codified at 326 IAC 7-4-3 which was approved into the SIP on March 22, 
2019 (84 FR 10692).

E. Maintenance Plan

    CAA section 175A sets forth the elements of a maintenance plan for 
areas seeking redesignation from nonattainment to attainment. Under 
section 175A, the plan must demonstrate continued attainment of the 
applicable NAAQS for at least ten years after the nonattainment area is 
redesignated to attainment. Eight years after the redesignation, the 
state must submit a revised maintenance plan

[[Page 19012]]

demonstrating that attainment will continue to be maintained for the 
ten years following the initial ten year period. To address the 
possibility of future 2010 SO2 NAAQS violations, the 
maintenance plan must contain contingency measures as EPA deems 
necessary to assure prompt correction of any future 2010 SO2 
NAAQS violations. Specifically, the maintenance plan should address 
five requirements: The attainment emissions inventory, maintenance 
demonstration, monitoring, verification of continued attainment, and a 
contingency plan.
    Indiana's October 24, 2018 redesignation request contains its 
maintenance plan, which Indiana has committed to review eight years 
after redesignation. Indiana submitted an attainment emission inventory 
which addresses current emissions and projections of future emissions 
for point, area, and mobile sources. Indiana has demonstrated that the 
area is attaining and is expected to maintain the SO2 NAAQS. 
Indiana has committed to continue monitoring at its monitoring sites in 
accordance with the requirements of 40 CFR part 58. These data will be 
used to verify continued attainment. Indiana has the authority to 
adopt, implement and enforce any subsequent emissions control measures 
deemed necessary to correct any future SO2 violations. 
Regarding contingency measures to implement in the case of a future 
violation of the 2010 SO2 standard, Indiana provided a list 
of five potential measures for the sources within the nonattainment 
area, including requiring: Alternative fuel, SO2 emissions 
add-on control technologies for existing emission units, reduced 
operating hours, SO2 emission offsets for new and modified 
major sources and SO2 emission offsets for new and modified 
minor sources.
    Indiana commits to study SO2 emission trends and 
identify areas of concern if the annual average 99th percentile maximum 
daily 1-hour SO2 concentration of 79 ppb or greater occurs 
in a single year, or if a 2-year average of 76 ppb or greater occurs in 
the maintenance area. Indiana will adopt and implement corrective 
actions as necessary to address such trends of increasing emissions or 
ambient impacts. The public will have the opportunity to participate in 
the contingency measure implementation process. EPA proposes to find 
that Indiana's maintenance plan adequately addresses the five basic 
components necessary to maintain the SO2 standard in the 
Terre Haute nonattainment area.

III. What action is EPA taking?

    As requested by Indiana on October 24, 2018, EPA is proposing to 
redesignate the Terre Haute nonattainment area from nonattainment to 
attainment of the 2010 SO2 NAAQS. Indiana has demonstrated 
that the area is attaining the SO2 standard, and that the 
improvement in air quality is due to permanent and enforceable 
measures. EPA is also proposing to approve the maintenance plan that 
Indiana submitted to ensure that the area will continue to maintain the 
SO2 standard.

IV. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of the maintenance plan under CAA section 
107(d)(3)(E) are actions that affect the status of geographical area 
and do not impose any additional regulatory requirements on sources 
beyond those required by state law. A redesignation to attainment does 
not in and of itself impose any new requirements, but rather results in 
the application of requirements contained in the CAA for areas that 
have been redesignated to attainment. Moreover, the Administrator is 
required to approve a SIP submission that complies with the provisions 
of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 
CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to 
approve state choices, provided that they meet the criteria of the CAA. 
Accordingly, this action merely 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
     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

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements, Sulfur oxides.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: April 24, 2019.
Cheryl L. Newton,
Acting Regional Administrator, Region 5.
[FR Doc. 2019-09111 Filed 5-2-19; 8:45 am]
BILLING CODE 6560-50-P
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