82 FR 24553 - Air Plan Approval; Indiana; Redesignation of the Muncie Area to Attainment of the 2008 Lead Standard

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 102 (May 30, 2017)

The Environmental Protection Agency (EPA) is approving the April 14, 2016, request from the Indiana Department of Environmental Management (Indiana) to redesignate the Muncie nonattainment area to attainment for the 2008 national ambient air quality standards (NAAQS or standards) for lead. EPA is also approving the state's plan for maintaining the 2008 lead NAAQS through 2030 for the area and the 2013 attainment year emissions inventory for the area. EPA is approving these actions in accordance with the Clean Air Act (CAA) and EPA's implementation regulations regarding the 2008 lead NAAQS.

[Federal Register Volume 82, Number 102 (Tuesday, May 30, 2017)]
[Rules and Regulations]
[Pages 24553-24559]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10906]



[[Page 24553]]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2016-0137; FRL-9962-70-Region 5]


Air Plan Approval; Indiana; Redesignation of the Muncie Area to 
Attainment of the 2008 Lead Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving the 
April 14, 2016, request from the Indiana Department of Environmental 
Management (Indiana) to redesignate the Muncie nonattainment area to 
attainment for the 2008 national ambient air quality standards (NAAQS 
or standards) for lead. EPA is also approving the state's plan for 
maintaining the 2008 lead NAAQS through 2030 for the area and the 2013 
attainment year emissions inventory for the area. EPA is approving 
these actions in accordance with the Clean Air Act (CAA) and EPA's 
implementation regulations regarding the 2008 lead NAAQS.

DATES: This direct final rule will be effective July 31, 2017, unless 
EPA receives adverse comments by June 29, 2017. If adverse comments are 
received, EPA will publish a timely withdrawal of the direct final rule 
in the Federal Register informing the public that the rule will not 
take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2016-0137 at http://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 
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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Anthony Maietta, Environmental 
Protection Specialist, Control Strategies Section, Air Programs Branch 
(AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 353-8777, 
[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. Why is EPA concerned about lead?
II. What is the background for these actions?
III. What are the criteria for redesignation to attainment?
IV. What is EPA's analysis of the state's request?
    (A) Attainment Determination and Redesignation
    (B) Indiana Has a Fully Approved Maintenance Plan Pursuant to 
Section 175A of the CAA (Section 107(d)(3)(E)(iv))
    (C) Comprehensive Emissions Inventory
V. What action is EPA taking?
VI. Statutory and Executive Order Reviews

I. Why is EPA concerned about lead?

    Lead is a metal found naturally in the environment as well as in 
manufactured products. However, lead has serious public health effects 
and depending on the level of exposure can adversely affect the nervous 
system, kidney function, immune system, reproductive and developmental 
systems and the cardiovascular system. Today, the highest levels of 
lead in the air are usually found near lead smelters. In the Muncie 
area the only source of lead emissions is Exide Technologies, whose 
facility houses a lead smelter that processes used batteries and other 
metal waste products.

II. What is the background for these actions?

    On November 12, 2008 (73 FR 66964), EPA revised the primary and 
secondary lead NAAQS from 1.5 micrograms per cubic meter ([mu]g/m\3\) 
to 0.15 [mu]g/m\3\ based on a maximum arithmetic three-month mean 
concentration for a three-year period. See 40 CFR 50.16. On November 
22, 2010 (75 FR 71033), EPA published air quality designations and 
classifications for the 2008 lead NAAQS based upon air quality 
monitoring data for calendar years 2007-2009. These designations became 
effective on December 31, 2010. The Muncie area was designated 
nonattainment for the 2008 lead NAAQS. See 40 CFR 81.336. IDEM 
submitted their redesignation request on April 14, 2016.

III. What are the criteria for redesignation to attainment?

    The CAA sets forth the requirements for redesignating a 
nonattainment area to attainment. Specifically, section 107(d)(3)(E) of 
the CAA authorizes EPA to redesignate an area provided that: (1) The 
Administrator determines that the area has attained the applicable 
NAAQS based on current air quality data; (2) the Administrator has 
fully approved an applicable state implementation plan (SIP) for the 
area under section 110(k) of the CAA; (3) the Administrator determines 
that the improvement in air quality is due to permanent and enforceable 
emission reductions resulting from implementation of the applicable 
SIP, Federal air pollution control regulations, or other permanent and 
enforceable emission reductions; (4) the Administrator has fully 
approved a maintenance plan for the area meeting the requirements of 
section 175A of the CAA; and (5) the state containing the area has met 
all requirements applicable to the area for purposes of redesignation 
under section 110 and part D of the CAA.

IV. What is EPA's analysis of the state's request?

    EPA is approving the redesignation of the Muncie area to attainment 
of the 2008 lead NAAQS, as well as Indiana's maintenance plan and 
emissions inventory for the area. The bases for these actions follow.

(A) Attainment Determination and Redesignation

1. The Area Has Attained the 2008 Lead NAAQS (Section 107(d)(3)(E)(i))
    In accordance with section 107(d)(3)(E)(i) of the CAA, 42 U.S.C. 
7407, EPA is determining that the Muncie, Indiana area has attained the 
2008 lead NAAQS. EPA has reviewed the ambient air monitoring data for 
the Muncie area in accordance with the provisions of 40 CFR part 50, 
appendix R. All data considered are complete, quality-assured, 
certified, and recorded in EPA's Air Quality System database. This 
review addresses air quality data collected in the 2013-2015 period, 
which are the most recent quality-assured data available. Our 
determination that the Muncie area has attained the 2008 lead NAAQS is 
based upon data for the 2013-2015 monitoring

[[Page 24554]]

period that show this area has monitored attainment of the lead NAAQS.
    Under EPA regulations at 40 CFR 50.16, the 2008 primary and 
secondary lead standards are met when the maximum arithmetic three-
month mean concentration for a three-year period, as determined in 
accordance with 40 CFR part 50, appendix R, is less than or equal to 
0.15 [mu]g/m\3\ at all relevant monitoring sites in the subject area. 
As shown in Table 1, Indiana provided EPA with three years of 
monitoring data showing that the three-month rolling average design 
values for the Muncie lead monitor were all below the 2008 lead 
standard.

            Table 1--Three-Month Rolling Average Design Values for the Muncie Lead Nonattainment Area
----------------------------------------------------------------------------------------------------------------
               Location                      3-month period            2013            2014            2015
----------------------------------------------------------------------------------------------------------------
Muncie--Mt. Pleasant Boulevard........  Nov-Jan \1\.............     0.05 [mu]g/     0.03 [mu]g/     0.03 [mu]g/
                                        Dec-Feb.................            m\3\            m\3\            m\3\
                                                                     0.06 [mu]g/     0.04 [mu]g/     0.03 [mu]g/
                                                                            m\3\            m\3\            m\3\
                                        Jan-Mar.................     0.04 [mu]g/     0.04 [mu]g/     0.04 [mu]g/
                                                                            m\3\            m\3\            m\3\
                                        Feb-Apr.................     0.03 [mu]g/     0.04 [mu]g/     0.05 [mu]g/
                                                                            m\3\            m\3\            m\3\
                                        Mar-May.................     0.03 [mu]g/     0.04 [mu]g/     0.06 [mu]g/
                                                                            m\3\            m\3\            m\3\
                                        Apr-Jun.................     0.03 [mu]g/     0.05 [mu]g/     0.06 [mu]g/
                                                                            m\3\            m\3\            m\3\
                                        May-July................     0.03 [mu]g/     0.05 [mu]g/     0.06 [mu]g/
                                                                            m\3\            m\3\            m\3\
                                        Jun-Aug.................     0.04 [mu]g/     0.06 [mu]g/     0.05 [mu]g/
                                                                            m\3\            m\3\            m\3\
                                        July-Sept...............     0.04 [mu]g/     0.03 [mu]g/     0.03 [mu]g/
                                                                            m\3\            m\3\            m\3\
                                        Aug-Oct.................     0.05 [mu]g/     0.03 [mu]g/     0.04 [mu]g/
                                                                            m\3\            m\3\            m\3\
                                        Sept-Nov................     0.04 [mu]g/     0.03 [mu]g/     0.04 [mu]g/
                                                                            m\3\            m\3\            m\3\
                                        Oct-Dec.................     0.04 [mu]g/     0.03 [mu]g/     0.11 [mu]g/
                                                                            m\3\            m\3\            m\3\
----------------------------------------------------------------------------------------------------------------
\1\ When calculating a three-month rolling average, the first two data points, November through January for 2013
  and December through February of 2013, would additionally use data from November and December of 2012.

    The data from 2013-2015 are still the most recent quality-assured 
and certified data for the Muncie area. Indiana indicated that it will 
continue to use and maintain the Muncie lead monitor to determine 
whether the area continues to attain the standard. The 2013-2015 data 
show that the maximum value for the three-year period was 0.11 [mu]g/
m\3\, with monitored lead values generally at or below 0.05 [mu]g/m\3\. 
EPA's review of these data indicates that the Muncie area has attained 
and continues to attain the 2008 lead NAAQS, with a design value of 
0.11 [mu]g/m\3\ for the period of 2013-2015.
2. The Area Has Met All Applicable Requirements Under Section 110 and 
Part D and Has a Fully Approved SIP Under Section 110(k) (Section 
107(d)(3)(E)(ii) and (v))
    We have determined that Indiana has met all currently applicable 
SIP requirements for purposes of redesignation for the Muncie area 
under section 110 of the CAA (general SIP requirements). In addition, 
with the exception of the emissions inventory under section 172(c)(3), 
all applicable planning requirements of the Indiana SIP for purposes of 
redesignation have either been approved or have been suspended by 
either a clean data determination or determination of attainment. As 
discussed below, in this action, EPA is approving Indiana's 2013 
emissions inventory as meeting the section 172(c)(3) comprehensive 
emissions inventory requirement. Thus, we are determining that the 
Indiana submittal meets all SIP requirements currently applicable for 
purposes of redesignation under part D of title I of the CAA, in 
accordance with sections 107(d)(3)(E)(ii) and 107(d)(3)(E)(v).
    In making these determinations, we have ascertained which SIP 
requirements are applicable for purposes of redesignation, and 
concluded that the Indiana SIP includes measures meeting those 
requirements and that they are fully approved under section 110(k) of 
the CAA.
a. Indiana Has Met All Applicable Requirements for Purposes of 
Redesignation of the Muncie Area Under Section 110 and Part D of the 
CAA
i. Section 110 General SIP Requirements
    Section 110(a) of title I of the CAA contains the general 
requirements for a SIP. Section 110(a)(2) provides that the 
implementation plan submitted by a state must have been adopted by the 
state after reasonable public notice and hearing, and, among other 
things, must include enforceable emission limitations and other control 
measures, means or techniques necessary to meet the requirements of the 
CAA; provide for establishment and operation of appropriate devices, 
methods, systems, and procedures necessary to monitor ambient air 
quality; provide for implementation of a source permit program to 
regulate the modification and construction of any stationary source 
within the areas covered by the plan; include provisions for the 
implementation of part C, Prevention of Significant Deterioration (PSD) 
and part D, New Source Review (NSR) permit programs; include criteria 
for stationary source emission control measures, monitoring, and 
reporting; include provisions for air quality modeling; and provide for 
public and local agency participation in planning and emission control 
rule development. Section 110(a)(2)(D) of the CAA requires that SIPs 
contain measures to prevent sources in a state from significantly 
contributing to air quality problems in another state.
    EPA interprets the ``applicable'' requirements for an area's 
redesignation to be those requirements linked with a particular area's 
nonattainment designation. Therefore, we believe that the section 110 
elements described above that are not connected with nonattainment plan 
submissions and not linked with an area's attainment status, such as 
the ``infrastructure SIP'' elements of section 110(a)(2), are not 
applicable requirements for purposes of redesignation. A state remains 
subject to these requirements after an area is redesignated to 
attainment, and thus EPA does not interpret such requirements to be 
relevant applicable requirements to evaluate in a redesignation. For 
example, the requirement to submit state plans addressing interstate 
transport obligations under section 110(a)(2)(D)(i)(I) continue to 
apply to a state regardless of the designation of any one particular 
area in the state, and thus are not applicable requirements to be 
evaluated in the redesignation context.
    EPA has applied this interpretation consistently in many 
redesignations for decades. See e.g., 81 FR 44210 (July 7, 2016) (final 
redesignation for the Sullivan County, Tennessee area); 79 FR

[[Page 24555]]

43655 (July 28, 2014) (final redesignation for Bellefontaine, Ohio lead 
nonattainment area); 61 FR 53174-53176 (October 10, 1996) and 62 FR 
24826 (May 7, 1997) (proposed and final redesignation for Reading, 
Pennsylvania ozone nonattainment area); 61 FR 20458 (May 7, 1996) 
(final redesignation for Cleveland-Akron-Lorain, Ohio ozone 
nonattainment area); and 60 FR 62748 (December 7, 1995) (final 
redesignation of Tampa, Florida ozone nonattainment area). See also 65 
FR 37879, 37890 (June 19, 2000) (discussing this issue in final 
redesignation of Cincinnati, Ohio 1-hour ozone nonattainment area); 66 
FR 50399 (October 19, 2001) (final redesignation of Pittsburgh, 
Pennsylvania 1-hour ozone nonattainment area).
    We have reviewed the Indiana SIP and determined that it meets the 
general SIP requirements under section 110 of the CAA to the extent 
they are applicable for purposes of redesignation. EPA has previously 
approved provisions of Indiana's SIP addressing section 110 
requirements (including provisions addressing lead), at 40 CFR 52.770.
    On December 12, 2011, Indiana submitted a request for EPA to 
approve ``infrastructure SIP'' elements for the lead NAAQS required 
under CAA section 110(a)(2). EPA approved the Indiana lead 
infrastructure SIP on April 29, 2015 (80 FR 23713).
ii. Part D Requirements
    EPA has determined that upon approval of the base year emissions 
inventory discussed in this rulemaking, the Indiana SIP will meet the 
requirements applicable for purposes of redesignation under part D of 
the CAA for the Muncie lead nonattainment area. Subpart 1 of part D 
sets forth the general nonattainment requirements applicable to all 
nonattainment areas.
(1) Section 172 Requirements
    Section 172(c) sets out general nonattainment plan requirements. A 
thorough discussion of these requirements can be found in the General 
Preamble for Implementation of Title I (57 FR 13498, April 16, 1992) 
(``General Preamble''). 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 
General Preamble, EPA set forth its interpretation of applicable 
requirements for purposes of evaluating redesignation requests when an 
area is attaining a standard. See 57 FR at 13564. EPA noted that the 
requirements for reasonable further progress and other measures 
designed to provide for an area's 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. Id. This interpretation was also set forth in the 
Calcagni Memorandum.\1\
---------------------------------------------------------------------------

    \1\ September 4, 1992, Memorandum from John Calcagni, Director, 
Air Quality Management Division (EPA), entitled, ``Procedures for 
Processing Requests to Redesignate Areas to Attainment.''
---------------------------------------------------------------------------

    EPA's understanding of section 172 also forms the basis of its 
Clean Data Policy. Under the Clean Data Policy, EPA promulgates a 
determination of attainment, published in the Federal Register and 
subject to notice-and-comment rulemaking, and this determination 
formally 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 reasonable 
further progress (RFP), reasonably available control technology and 
reasonably available control measures (RACT-RACM), and contingency 
measures. The Clean Data Policy has been codified in regulations 
regarding the implementation of the ozone and fine particulate matter 
NAAQS. See e.g., 70 FR 71612 (November 29, 2005) and 72 FR 20586 (April 
25, 2007). The Clean Data Policy has also been specifically applied in 
a number of lead nonattainment areas where EPA has determined that the 
area is attaining the lead NAAQS. See, e.g., 79 FR 46212 (August 7, 
2014) (proposed determination of attainment of Lyons, Pennsylvania lead 
nonattainment area); 80 FR 51127 (determination of attainment of Eagan, 
Minnesota lead nonattainment area). EPA's long-standing interpretation 
regarding the applicability of section 172(c)'s attainment planning 
requirements for an area that is attaining a NAAQS applies in this 
redesignation of the Muncie lead nonattainment area as well. Because we 
are determining that the Muncie area has reached attainment, Indiana 
will not need to address these additional measures to provide for 
attainment, and section 172(c)(1) requirements are no longer considered 
to be applicable as long as the area continues to attain the standard 
until redesignation. (40 CFR 51.918). Therefore, Indiana has met its 
requirements under CAA section 172(c)(1) and section 107(d)(3)(E)(v).
    As noted above, additional section 172(c) attainment planning 
requirements are not applicable for purposes of evaluating the state's 
redesignation request. The reasonable further progress (RFP) 
requirement under section 172(c)(2), which is defined as progress that 
must be made toward attainment, the requirement to submit section 
172(c)(9) contingency measures, which are measures to be taken if the 
area fails to make reasonable further progress to attainment, and 
section 172(c)(6)'s requirement that the SIP contain control measures 
necessary to provide for attainment of the standard, are not applicable 
requirements that Indiana must meet here because the Muncie area has 
monitored attainment of the 2008 lead NAAQS.
    Section 172(c)(3) requires submission and approval of a 
comprehensive, accurate and current inventory of actual emissions. 
Indiana submitted a 2013 base year emissions inventory along with their 
redesignation request on April 14, 2016, and requested that the 2013 
inventory be used as the most accurate and current inventory. As 
discussed below in section III(C), EPA is approving the 2013 attainment 
year inventory as meeting the section 172(c)(3) emissions inventory 
requirement for the Muncie area.
    Section 172(c)(4) requires the identification and quantification of 
allowable emissions for major new and modified stationary sources 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 approved Indiana's current NSR 
program on October 7, 1994 (59 FR 51114). In addition, the state's 
maintenance plan does not rely on nonattainment NSR, therefore having a 
fully approved NSR program is not an applicable requirement, but that, 
nonetheless, we have approved the state's program.\1\
---------------------------------------------------------------------------

    \1\ A 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.''
---------------------------------------------------------------------------

    Section 172(c)(7) requires the SIP to meet the applicable 
provisions of section 110(a)(2). As noted above, we find that the 
Indiana SIP meets the section 110(a)(2) applicable requirements for 
purposes of redesignation.

[[Page 24556]]

(2) Section 176 Conformity Requirements
    Section 176(c) of the CAA requires states to establish criteria and 
procedures to ensure that Federally-supported or funded activities, 
including highway and transit projects, conform to the air quality 
planning goals in the applicable SIPs. The requirement to determine 
conformity applies to transportation plans, programs and projects 
developed, funded or approved under title 23 of the U.S. Code and the 
Federal Transit Act (transportation conformity) as well as to all other 
Federally-supported or funded projects (general conformity). In light 
of the elimination of lead additives in gasoline, transportation 
conformity does not apply to the lead NAAQS. See 73 FR 66964, 67043 
n.120. EPA approved Indiana's general conformity SIP on January 14, 
1998 (63 FR 2146).
b. Indiana Has a Fully Approved Applicable SIP Under Section 110(k) of 
the CAA
    Upon final approval of Indiana's comprehensive 2013 emissions 
inventories for the Muncie lead area, EPA will have fully approved the 
Indiana SIP for the Muncie area under section 110(k) of the CAA for all 
requirements applicable for purposes of redesignation, in accordance 
with section 107(d)(3)(E)(ii). EPA may rely on prior SIP approvals in 
approving a redesignation request. See Calcagni Memorandum at (3); 
Southwestern Pennsylvania Growth Alliance v. Browner, 144 F.3d 984, 
989-990 (6th Cir. 1998); Wall v. EPA, 265 F.3d 426 (6th Cir. 2001). EPA 
also relies on measures approved in conjunction with a redesignation 
action. See, e.g., 68 FR 25413 (May 12, 2003) (approving I/M program 
for St. Louis) and 68 FR 25426 (May 12, 2003) (approving redesignation 
relying in part on I/M program approval). As discussed in the prior 
section, Indiana has adopted and submitted, and EPA has fully approved, 
a number of required SIP provisions addressing the 2008 lead standards. 
As part of its redesignation request and maintenance plan submittal, 
Indiana submitted a demonstration to EPA that the Muncie nonattainment 
area has attained the 2008 lead NAAQS. Pursuant to 40 CFR 51.1004(c), 
EPA's determination that the area has attained the 2008 lead standards 
will suspend the requirement to submit certain planning SIPs related to 
attainment, including attainment demonstration requirements, the RACT-
RACM requirement of section 172(c)(1) of the CAA, the RFP and 
attainment demonstration requirements of sections 172(c)(2) and (6) and 
182(b)(1) of the CAA, and the requirement for contingency measures of 
section 172(c)(9) of the CAA. As noted above, the area has continued to 
attain the standard. Of the CAA requirements applicable to this 
redesignation request, only the emissions inventory requirement of 
section 172(c)(3) remains.
    In today's action, EPA is approving Indiana's 2013 emissions 
inventories for the Muncie area as meeting the requirement of section 
172(c)(3) of the CAA. No Muncie area SIP provisions are currently 
disapproved, conditionally approved, or partially approved. Therefore, 
the Administrator has fully approved the applicable requirements for 
the Muncie area under section 110(k) in accordance with section 
107(d)(3)(E)(ii).
3. The Improvement in Air Quality Is Due to Permanent and Enforceable 
Reductions in Emissions Resulting From Implementation of the SIPs and 
Applicable Federal Air Pollution Control Regulations and Other 
Permanent and Enforceable Reductions (Section 107(d)(3)(E)(iii))
    EPA believes that Indiana has demonstrated that the observed air 
quality improvement in the Muncie area is due to permanent and 
enforceable reductions in emissions. The only stationary source of lead 
in the Muncie area is the Exide Technologies facility. According to 
Indiana this source complies with EPA's January 5, 2012 National 
Emissions Standards for Hazardous Air Pollutants (NESHAP) for secondary 
lead smelting at 40 CFR part 63, subpart X. According to Indiana, Exide 
Technologies complied with this NESHAP through the installation of 
control technologies and adoption of recordkeeping and reporting 
requirements that are also located in Title 326, Articles 15 and 20 of 
the Indiana Administrative Code (80 FR 42393).

(B) Indiana Has a Fully Approved Maintenance Plan Pursuant to Section 
175A of the CAA (Section 107(d)(3)(E)(iv))

    In conjunction with Indiana's request to redesignate the Muncie 
nonattainment area to attainment status, Indiana has submitted a SIP 
revision to provide for maintenance of the 2008 lead NAAQS in the area 
through 2030.
1. What is required in a maintenance plan?
    Section 175A of the CAA sets forth the required 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 10 years after EPA 
approves a redesignation to attainment. Eight years after 
redesignation, the state must submit a revised maintenance plan which 
demonstrates that attainment will continue to be maintained for 10 
years following the initial ten-year maintenance period. To address the 
possibility of future NAAQS violations, the maintenance plan must 
contain contingency measures with a schedule for implementation as EPA 
deems necessary to assure prompt correction of any future lead 
violations.
    The September 4, 1992, Calcagni memorandum provides additional 
guidance on the content of a maintenance plan. The memorandum states 
that a maintenance plan should address the following items: The 
attainment emissions inventory, a maintenance demonstration showing 
maintenance for the 10 years of the maintenance period, a commitment to 
maintain the existing monitoring network, factors and procedures to be 
used for verification of continued attainment of the NAAQS, and a 
contingency plan to prevent or correct future violations of the NAAQS.
    Section 175A of the CAA requires a state seeking redesignation to 
attainment to submit a SIP revision to provide for the maintenance of 
the NAAQS in the area ``for at least 10 years after the 
redesignation.'' EPA has interpreted this as a showing of maintenance 
``for a period of 10 years following redesignation.'' Calcagni 
memorandum at 9. Where the emissions inventory method of showing 
maintenance is used, its purpose is to show that emissions during the 
maintenance period will not increase over the attainment year 
inventory. Calcagni memorandum at 9-10.
    As discussed in detail in the section below, the state's 
maintenance plan submission expressly documents that the area's 
emissions inventories will remain below the attainment year inventories 
through 2030, more than 10 years after redesignation.
2. Attainment Inventory
    Indiana developed an emissions inventory for lead for 2013, one of 
the years in the period during which the Muncie area monitored 
attainment of the 2008 lead standard. The attainment level of emissions 
is summarized in Table 2 below along with future maintenance 
projections.

[[Page 24557]]

3. Demonstration of Maintenance
    Along with the redesignation request, Indiana submitted a revision 
to its lead SIP to include a maintenance plan for the Muncie area, as 
required by section 175A of the CAA. Indiana's plan demonstrates 
maintenance of the 2008 lead standard through 2030 by showing that 
current and future emissions of lead in the area remain at or below 
attainment year emission levels. Section 175A requires a state seeking 
redesignation to attainment to submit a SIP revision to provide for the 
maintenance of the NAAQS in the area ``for at least 10 years after the 
redesignation.'' EPA has interpreted this as a showing of maintenance 
``for a period of 10 years following redesignation.'' Calcagni 
memorandum at 9. Where the emissions inventory method of showing 
maintenance is used, its purpose is to show that emissions during the 
maintenance period will not increase over the attainment year 
inventory. Calcagni memorandum at 9-10.
    Indiana's plan demonstrates maintenance of the 2008 lead NAAQS 
through 2030 by showing that current and future emissions of lead for 
the area will not cause an exceedance of the standard. For the baseline 
and attainment year inventories, Indiana used Exide Technologies' 
actual emissions instead of allowable emissions under Indiana 
Administrative Code. As shown in Table 2, Indiana's submittal indicates 
that the 2010 and 2013 inventories are based on actual emissions from 
the Exide Technologies facility (which were 0.82 tons per year (tpy) in 
2010 and 0.63 tpy in 2013), and not the allowable emissions set forth 
in Exide Technologies' operating permit (which were 3.48 tpy in 2010 
and 1.73 tpy in 2013). Indiana submitted computer-modeled data 
indicating that the 2030 maintenance inventory, which is based on the 
facility's allowable emissions with controls implemented to meet the 
NESHAP for secondary lead smelting, will ensure that the Muncie area 
continues to maintain the standard through 2030. To meet the NESHAP for 
secondary lead smelters, Exide Technologies facility's main building 
serves as a total enclosure that maintains negative air pressure at all 
times and is vented to control devices designed to capture lead 
particulate emissions. This ensures fugitive dust generated inside the 
facility is not released outside the enclosure and into the ambient 
air. Since these controls have been installed at the facility, the 
monitored design value concentrations at the site have been and should 
remain below the 2008 lead NAAQS. Indiana expects that these permanent 
and enforceable controls installed at Exide Technologies will ensure 
that there will be no exceedances of the lead NAAQS in the future. With 
no other significant sources of lead, the Muncie area is predicted to 
stay below the standard.

  Table 2--Comparison of 2010, 2013, and 2030 Lead Totals (tpy) for the
                              Muncie Area *
------------------------------------------------------------------------
    2010 (Baseline)         2013 (Attainment)       2030 (Maintenance)
------------------------------------------------------------------------
             0.82                    0.63                     1.73
------------------------------------------------------------------------
* 2010 Baseline and 2013 attainment inventories reflect actual lead
  emissions in the Muncie area, while the 2030 maintenance inventory
  reflects modeled allowable emissions in Exide Technologies' operating
  permit.

4. Monitoring Network
    Indiana's maintenance plan includes a commitment to continue to 
operate its EPA-approved monitoring network, as necessary to 
demonstrate ongoing compliance with the NAAQS. Indiana currently 
operates one lead monitor in the Muncie, Indiana area.
5. Verification of Continued Attainment
    Indiana remains obligated to continue to quality-assure monitoring 
data and enter all data into the Air Quality System (AQS) in accordance 
with Federal guidelines. Indiana will use these data, supplemented with 
additional information as necessary, to assure that the area continues 
to attain the standard. Indiana will also continue to develop and 
submit periodic emission inventories as required by the Federal 
Consolidated Emissions Reporting Rule (67 FR 39602, June 10, 2002) to 
track future levels of emissions. Both of these actions will help to 
verify continued attainment in accordance with 40 CFR part 58.
6. Contingency Plan
    The contingency plan provisions are designed to promptly correct or 
prevent a violation of the NAAQS that might occur after redesignation 
of an area to attainment. Section 175A of the CAA requires that a 
maintenance plan include such contingency measures as EPA deems 
necessary to assure that the state will promptly correct a violation of 
the NAAQS that occurs after redesignation. The maintenance plan should 
identify the contingency measures to be adopted, a schedule and 
procedure for adoption and implementation of the contingency measures, 
and a time limit for action by the state. The state should also 
identify specific indicators to be used to determine when the 
contingency measures need to be adopted and implemented. The 
maintenance plan must include a requirement that the state will 
implement all pollution control measures that were contained in the SIP 
before redesignation of the area to attainment. See section 175A(d) of 
the CAA.
    Indiana's contingency plan defines a warning level and action level 
response. The warning level response will trigger when a lead monitor 
three-month rolling average exceeds 0.143 [mu]g/m\3\ in the maintenance 
area. If a warning level response is triggered, Indiana will conduct a 
study to determine whether the lead values indicate a trend toward 
exceeding the standard and what control measure would be necessary to 
reverse the trend within twelve months of the conclusion of the 
calendar year. The action level response will be prompted by the 
determination of the warning level study that a reverse of the trend is 
needed, or by the three-month rolling average exceeding 0.15 [mu]g/
m\3\. The action level response will require Indiana to work with the 
culpable entity to evaluate and implement the needed control measures 
to bring the area into attainment within 18 months of the conclusion of 
the calendar year that triggered the response.
    Currently, no new sources of lead are projected for the Muncie 
area, so all control measures would be determined after an analysis of 
the situation but could include further controls on fugitive lead 
emissions, reduction of operating hours, or improved housekeeping and 
maintenance. Indiana commits to continue implementing SIP requirements 
upon and after redesignation.
    EPA believes that Indiana's contingency measures, as well as the 
commitment to continue implementing any SIP requirements, satisfy the 
pertinent requirements of section 175A(d).
    As required by section 175A(b) of the CAA, Indiana commits to 
submit to the EPA an updated lead maintenance plan eight years after 
redesignation of the Muncie area to cover an additional 10-year period 
beyond the initial 10-year maintenance period.
    For all of the reasons set forth above, EPA is approving Indiana's 
2008 lead maintenance plan for the Muncie area as meeting the 
requirements of CAA section 175A.

(C) Comprehensive Emissions Inventory

    As discussed above, section 172(c)(3) of the CAA requires areas to 
submit a comprehensive emissions inventory including all lead sources 
in the nonattainment area. In its April 14, 2016

[[Page 24558]]

submittal, Indiana submitted comprehensive emissions inventories for 
its 2010 base year, 2013 attainment year, and 2030 maintenance year.
    EPA believes that the 2010, 2013, and 2030 emissions inventories 
are complete and accurate, and meet the requirement of CAA section 
172(c)(3). The inventories are shown in Table 3.

  Table 3--2010, 2013, and 2030 Lead Totals (tpy) for the Muncie Area *
------------------------------------------------------------------------
    2010 (Baseline)         2013 (Attainment)       2030 (Maintenance)
------------------------------------------------------------------------
             0.82                    0.63                     1.73
------------------------------------------------------------------------
* 2010 Baseline and 2013 attainment inventories reflect actual lead
  emissions in the Muncie area, while the 2030 maintenance inventory
  reflects modeled allowable emissions in Exide Technologies' operating
  permit.

V. What action is EPA taking?

    EPA is taking several actions related to the redesignation of the 
Muncie area to attainment for the 2008 lead NAAQS. First, EPA is 
finding that Indiana meets the requirements for redesignation under 
section 107(d)(3)(E) of the CAA for the Muncie area to attainment of 
the 2008 lead NAAQS. EPA is thus approving Indiana's request to change 
the designation of the Muncie area from nonattainment to attainment for 
the 2008 lead NAAQS.
    In addition, EPA is approving Indiana's lead maintenance plan for 
the Muncie area as a revision to the Indiana SIP. Finally, EPA is 
approving the 2013 lead attainment year emission inventory which 
satisfies the requirement in section 172(c)(3) for a current, accurate 
and comprehensive emission inventory.
    We are publishing these actions without prior proposal because we 
view this as a noncontroversial amendment and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the state plan if relevant adverse 
written comments are filed. This rule will be effective July 31, 2017 
without further notice unless we receive relevant adverse written 
comments by June 29, 2017. If we receive such comments, we will 
withdraw this action before the effective date by publishing a 
subsequent document that will withdraw the final action. All public 
comments received will then be addressed in a subsequent final rule 
based on the proposed action. EPA will not institute a second comment 
period. Any parties interested in commenting on this action should do 
so at this time. Please note that if EPA receives adverse comment on an 
amendment, paragraph, or section of this rule and if that provision may 
be severed from the remainder of the rule, EPA may adopt as final those 
provisions of the rule that are not the subject of an adverse comment. 
If we do not receive any comments, this action will be effective July 
31, 2017.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by July 31, 2017. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

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

[[Page 24559]]

40 CFR Part 81

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

    Dated: May 4, 2017.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.


    40 CFR parts 52 and 81 are amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.


0
2. In Sec.  52.770 the table in paragraph (e) is amended by adding new 
entries in alphabetical order for ``Muncie 2008 lead emissions 
inventory'' and ``Muncie 2008 lead maintenance plan'' to read as 
follows:

Sec.  52.770  Identification of plan.

* * * * *
    (e) * * *

                       EPA-Approved Indiana Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                  Title                    Indiana date          EPA approval                 Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Muncie 2008 lead emissions inventory....       4/14/2016  5/30/2017 [insert Federal
                                                           Register citation].
Muncie 2008 lead maintenance plan.......       4/14/2016  5/30/2017 [insert Federal
                                                           Register citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


0
3. Section 52.797 is amended by adding paragraphs (f) and (g) to read 
as follows:

Sec.  52.797  Control strategy: Lead.

* * * * *
    (f) Approval--Indiana's 2008 lead emissions inventory for the 
Muncie area, as submitted on April 14, 2016, satisfying the emission 
inventory requirements of section 172(c)(3) of the Clean Air Act for 
the Muncie area.
    (g) Approval--The 2008 lead maintenance plan for the Muncie, 
Indiana nonattainment area has been approved as submitted on April 14, 
2016.

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
4. The authority citation for part 81 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.


0
5. Section 81.315 is amended by revising the entry for Muncie, IN in 
the table entitled ``Indiana--2008 Lead NAAQS'' to read as follows:

Sec.  81.315  Indiana.

* * * * *

                                            Indiana--2008 Lead NAAQS
----------------------------------------------------------------------------------------------------------------
                                                                     Designation for the 2008 NAAQS \a\
                      Designated area                      -----------------------------------------------------
                                                               Date \1\                     Type
----------------------------------------------------------------------------------------------------------------
                                                   Muncie, IN
----------------------------------------------------------------------------------------------------------------
Delaware County (part)....................................       5/30/2017  Attainment.
    A portion of the City of Muncie, Indiana bounded to
     the North by West 26th Street/Hines Road, to the east
     by Cowan Road, to the south by West Fuson Road, and
     to the west by a line running south from the eastern
     edge of Victory Temple's driveway to South Hoyt
     Avenue and then along South Hoyt Avenue..
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ December 31, 2011 unless otherwise noted.

* * * * *
[FR Doc. 2017-10906 Filed 5-26-17; 8:45 am]
BILLING CODE 6560-50-P