82_FR_24655 82 FR 24553 - Air Plan Approval; Indiana; Redesignation of the Muncie Area to Attainment of the 2008 Lead Standard

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)

Page Range24553-24559
FR Document2017-10906

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 Issue 102 (Tuesday, May 30, 2017)
[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]]

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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.

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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
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               Location                      3-month period            2013            2014            2015
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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\
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    \1\ September 4, 1992, Memorandum from John Calcagni, Director, 
Air Quality Management Division (EPA), entitled, ``Procedures for 
Processing Requests to Redesignate Areas to Attainment.''
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    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\
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    \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.''
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    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



                                                                 Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Rules and Regulations                                          24553

                                              ENVIRONMENTAL PROTECTION                                methods, please contact the person                    designations became effective on
                                              AGENCY                                                  identified in the FOR FURTHER                         December 31, 2010. The Muncie area
                                                                                                      INFORMATION CONTACT section. For the                  was designated nonattainment for the
                                              40 CFR Parts 52 and 81                                  full EPA public comment policy,                       2008 lead NAAQS. See 40 CFR 81.336.
                                              [EPA–R05–OAR–2016–0137; FRL–9962–70–
                                                                                                      information about CBI or multimedia                   IDEM submitted their redesignation
                                              Region 5]                                               submissions, and general guidance on                  request on April 14, 2016.
                                                                                                      making effective comments, please visit
                                                                                                      http://www2.epa.gov/dockets/                          III. What are the criteria for
                                              Air Plan Approval; Indiana;                                                                                   redesignation to attainment?
                                              Redesignation of the Muncie Area to                     commenting-epa-dockets.
                                              Attainment of the 2008 Lead Standard                    FOR FURTHER INFORMATION CONTACT:                        The CAA sets forth the requirements
                                                                                                      Anthony Maietta, Environmental                        for redesignating a nonattainment area
                                              AGENCY: Environmental Protection                        Protection Specialist, Control Strategies             to attainment. Specifically, section
                                              Agency (EPA).                                           Section, Air Programs Branch (AR–18J),                107(d)(3)(E) of the CAA authorizes EPA
                                              ACTION: Direct final rule.                              Environmental Protection Agency,                      to redesignate an area provided that: (1)
                                                                                                      Region 5, 77 West Jackson Boulevard,                  The Administrator determines that the
                                              SUMMARY:   The Environmental Protection                 Chicago, Illinois 60604, (312) 353–8777,              area has attained the applicable NAAQS
                                              Agency (EPA) is approving the April 14,                 maietta.anthony@epa.gov.                              based on current air quality data; (2) the
                                              2016, request from the Indiana                                                                                Administrator has fully approved an
                                                                                                      SUPPLEMENTARY INFORMATION:
                                              Department of Environmental                                                                                   applicable state implementation plan
                                                                                                      Throughout this document whenever
                                              Management (Indiana) to redesignate                                                                           (SIP) for the area under section 110(k)
                                                                                                      ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
                                              the Muncie nonattainment area to                                                                              of the CAA; (3) the Administrator
                                                                                                      EPA. This supplementary information
                                              attainment for the 2008 national                                                                              determines that the improvement in air
                                                                                                      section is arranged as follows:
                                              ambient air quality standards (NAAQS                                                                          quality is due to permanent and
                                              or standards) for lead. EPA is also                     I. Why is EPA concerned about lead?
                                                                                                      II. What is the background for these actions?         enforceable emission reductions
                                              approving the state’s plan for                                                                                resulting from implementation of the
                                                                                                      III. What are the criteria for redesignation to
                                              maintaining the 2008 lead NAAQS                            attainment?                                        applicable SIP, Federal air pollution
                                              through 2030 for the area and the 2013                  IV. What is EPA’s analysis of the state’s             control regulations, or other permanent
                                              attainment year emissions inventory for                    request?                                           and enforceable emission reductions; (4)
                                              the area. EPA is approving these actions                   (A) Attainment Determination and                   the Administrator has fully approved a
                                              in accordance with the Clean Air Act                          Redesignation
                                                                                                                                                            maintenance plan for the area meeting
                                              (CAA) and EPA’s implementation                             (B) Indiana Has a Fully Approved
                                                                                                            Maintenance Plan Pursuant to Section            the requirements of section 175A of the
                                              regulations regarding the 2008 lead                                                                           CAA; and (5) the state containing the
                                                                                                            175A of the CAA (Section
                                              NAAQS.                                                        107(d)(3)(E)(iv))                               area has met all requirements applicable
                                              DATES:  This direct final rule will be                     (C) Comprehensive Emissions Inventory              to the area for purposes of redesignation
                                              effective July 31, 2017, unless EPA                     V. What action is EPA taking?                         under section 110 and part D of the
                                              receives adverse comments by June 29,                   VI. Statutory and Executive Order Reviews             CAA.
                                              2017. If adverse comments are received,                 I. Why is EPA concerned about lead?                   IV. What is EPA’s analysis of the state’s
                                              EPA will publish a timely withdrawal of                                                                       request?
                                                                                                         Lead is a metal found naturally in the
                                              the direct final rule in the Federal                    environment as well as in manufactured
                                              Register informing the public that the                                                                          EPA is approving the redesignation of
                                                                                                      products. However, lead has serious                   the Muncie area to attainment of the
                                              rule will not take effect.                              public health effects and depending on
                                              ADDRESSES: Submit your comments,
                                                                                                                                                            2008 lead NAAQS, as well as Indiana’s
                                                                                                      the level of exposure can adversely                   maintenance plan and emissions
                                              identified by Docket ID No. EPA–R05–                    affect the nervous system, kidney
                                              OAR–2016–0137 at http://                                                                                      inventory for the area. The bases for
                                                                                                      function, immune system, reproductive                 these actions follow.
                                              www.regulations.gov or via email to                     and developmental systems and the
                                              blakley.pamela@epa.gov. For comments                    cardiovascular system. Today, the                     (A) Attainment Determination and
                                              submitted at Regulations.gov, follow the                highest levels of lead in the air are                 Redesignation
                                              online instructions for submitting                      usually found near lead smelters. In the
                                              comments. Once submitted, comments                                                                            1. The Area Has Attained the 2008 Lead
                                                                                                      Muncie area the only source of lead                   NAAQS (Section 107(d)(3)(E)(i))
                                              cannot be edited or removed from                        emissions is Exide Technologies, whose
                                              Regulations.gov. For either manner of                   facility houses a lead smelter that                      In accordance with section
                                              submission, EPA may publish any                         processes used batteries and other metal              107(d)(3)(E)(i) of the CAA, 42 U.S.C.
                                              comment received to its public docket.                  waste products.                                       7407, EPA is determining that the
                                              Do not submit electronically any                                                                              Muncie, Indiana area has attained the
                                              information you consider to be                          II. What is the background for these                  2008 lead NAAQS. EPA has reviewed
                                              Confidential Business Information (CBI)                 actions?                                              the ambient air monitoring data for the
                                              or other information whose disclosure is                   On November 12, 2008 (73 FR 66964),                Muncie area in accordance with the
                                              restricted by statute. Multimedia                       EPA revised the primary and secondary                 provisions of 40 CFR part 50, appendix
                                              submissions (audio, video, etc.) must be                lead NAAQS from 1.5 micrograms per                    R. All data considered are complete,
                                              accompanied by a written comment.                       cubic meter (mg/m3) to 0.15 mg/m3 based               quality-assured, certified, and recorded
                                              The written comment is considered the                   on a maximum arithmetic three-month                   in EPA’s Air Quality System database.
sradovich on DSK3GMQ082PROD with RULES




                                              official comment and should include                     mean concentration for a three-year                   This review addresses air quality data
                                              discussion of all points you wish to                    period. See 40 CFR 50.16. On November                 collected in the 2013–2015 period,
                                              make. EPA will generally not consider                   22, 2010 (75 FR 71033), EPA published                 which are the most recent quality-
                                              comments or comment contents located                    air quality designations and                          assured data available. Our
                                              outside of the primary submission (i.e.,                classifications for the 2008 lead NAAQS               determination that the Muncie area has
                                              on the web, cloud, or other file sharing                based upon air quality monitoring data                attained the 2008 lead NAAQS is based
                                              system). For additional submission                      for calendar years 2007–2009. These                   upon data for the 2013–2015 monitoring


                                         VerDate Sep<11>2014   17:28 May 26, 2017   Jkt 241001   PO 00000   Frm 00099   Fmt 4700   Sfmt 4700   E:\FR\FM\30MYR1.SGM   30MYR1


                                              24554                Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Rules and Regulations

                                              period that show this area has                              maximum arithmetic three-month mean                            shown in Table 1, Indiana provided
                                              monitored attainment of the lead                            concentration for a three-year period, as                      EPA with three years of monitoring data
                                              NAAQS.                                                      determined in accordance with 40 CFR                           showing that the three-month rolling
                                                Under EPA regulations at 40 CFR                           part 50, appendix R, is less than or                           average design values for the Muncie
                                              50.16, the 2008 primary and secondary                       equal to 0.15 mg/m3 at all relevant                            lead monitor were all below the 2008
                                              lead standards are met when the                             monitoring sites in the subject area. As                       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   μg/m3     0.03   μg/m3   0.03   μg/m3
                                                                                                                            Dec–Feb .................................     0.06   μg/m3     0.04   μg/m3   0.03   μg/m3
                                                                                                                            Jan–Mar .................................     0.04   μg/m3     0.04   μg/m3   0.04   μg/m3
                                                                                                                            Feb–Apr ..................................    0.03   μg/m3     0.04   μg/m3   0.05   μg/m3
                                                                                                                            Mar–May ................................      0.03   μg/m3     0.04   μg/m3   0.06   μg/m3
                                                                                                                            Apr–Jun ..................................    0.03   μg/m3     0.05   μg/m3   0.06   μg/m3
                                                                                                                            May–July ................................     0.03   μg/m3     0.05   μg/m3   0.06   μg/m3
                                                                                                                            Jun–Aug .................................     0.04   μg/m3     0.06   μg/m3   0.05   μg/m3
                                                                                                                            July–Sept ................................    0.04   μg/m3     0.03   μg/m3   0.03   μg/m3
                                                                                                                            Aug–Oct .................................     0.05   μg/m3     0.03   μg/m3   0.04   μg/m3
                                                                                                                            Sept–Nov ................................     0.04   μg/m3     0.03   μg/m3   0.04   μg/m3
                                                                                                                            Oct–Dec .................................     0.04   μg/m3     0.03   μg/m3   0.11   μg/m3
                                                1 When calculating a three-month rolling average, the first two data points, November through January for 2013 and December through Feb-
                                              ruary of 2013, would additionally use data from November and December of 2012.


                                                The data from 2013–2015 are still the                     redesignation under part D of title I of                       source emission control measures,
                                              most recent quality-assured and                             the CAA, in accordance with sections                           monitoring, and reporting; include
                                              certified data for the Muncie area.                         107(d)(3)(E)(ii) and 107(d)(3)(E)(v).                          provisions for air quality modeling; and
                                              Indiana indicated that it will continue                       In making these determinations, we                           provide for public and local agency
                                              to use and maintain the Muncie lead                         have ascertained which SIP                                     participation in planning and emission
                                              monitor to determine whether the area                       requirements are applicable for                                control rule development. Section
                                              continues to attain the standard. The                       purposes of redesignation, and                                 110(a)(2)(D) of the CAA requires that
                                              2013–2015 data show that the maximum                        concluded that the Indiana SIP includes                        SIPs contain measures to prevent
                                              value for the three-year period was 0.11                    measures meeting those requirements                            sources in a state from significantly
                                              mg/m3, with monitored lead values                           and that they are fully approved under                         contributing to air quality problems in
                                              generally at or below 0.05 mg/m3. EPA’s                     section 110(k) of the CAA.                                     another state.
                                              review of these data indicates that the                     a. Indiana Has Met All Applicable                                EPA interprets the ‘‘applicable’’
                                              Muncie area has attained and continues                      Requirements for Purposes of                                   requirements for an area’s redesignation
                                              to attain the 2008 lead NAAQS, with a                       Redesignation of the Muncie Area                               to be those requirements linked with a
                                              design value of 0.11 mg/m3 for the                          Under Section 110 and Part D of the                            particular area’s nonattainment
                                              period of 2013–2015.                                        CAA                                                            designation. Therefore, we believe that
                                                                                                                                                                         the section 110 elements described
                                              2. The Area Has Met All Applicable                          i. Section 110 General SIP                                     above that are not connected with
                                              Requirements Under Section 110 and                          Requirements                                                   nonattainment plan submissions and
                                              Part D and Has a Fully Approved SIP                                                                                        not linked with an area’s attainment
                                                                                                             Section 110(a) of title I of the CAA
                                              Under Section 110(k) (Section                               contains the general requirements for a                        status, such as the ‘‘infrastructure SIP’’
                                              107(d)(3)(E)(ii) and (v))                                   SIP. Section 110(a)(2) provides that the                       elements of section 110(a)(2), are not
                                                 We have determined that Indiana has                      implementation plan submitted by a                             applicable requirements for purposes of
                                              met all currently applicable SIP                            state must have been adopted by the                            redesignation. A state remains subject to
                                              requirements for purposes of                                state after reasonable public notice and                       these requirements after an area is
                                              redesignation for the Muncie area under                     hearing, and, among other things, must                         redesignated to attainment, and thus
                                              section 110 of the CAA (general SIP                         include enforceable emission                                   EPA does not interpret such
                                              requirements). In addition, with the                        limitations and other control measures,                        requirements to be relevant applicable
                                              exception of the emissions inventory                        means or techniques necessary to meet                          requirements to evaluate in a
                                              under section 172(c)(3), all applicable                     the requirements of the CAA; provide                           redesignation. For example, the
                                              planning requirements of the Indiana                        for establishment and operation of                             requirement to submit state plans
                                              SIP for purposes of redesignation have                      appropriate devices, methods, systems,                         addressing interstate transport
                                              either been approved or have been                           and procedures necessary to monitor                            obligations under section
                                              suspended by either a clean data                            ambient air quality; provide for                               110(a)(2)(D)(i)(I) continue to apply to a
                                              determination or determination of                           implementation of a source permit                              state regardless of the designation of any
                                              attainment. As discussed below, in this                     program to regulate the modification                           one particular area in the state, and thus
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                                              action, EPA is approving Indiana’s 2013                     and construction of any stationary                             are not applicable requirements to be
                                              emissions inventory as meeting the                          source within the areas covered by the                         evaluated in the redesignation context.
                                              section 172(c)(3) comprehensive                             plan; include provisions for the                                 EPA has applied this interpretation
                                              emissions inventory requirement. Thus,                      implementation of part C, Prevention of                        consistently in many redesignations for
                                              we are determining that the Indiana                         Significant Deterioration (PSD) and part                       decades. See e.g., 81 FR 44210 (July 7,
                                              submittal meets all SIP requirements                        D, New Source Review (NSR) permit                              2016) (final redesignation for the
                                              currently applicable for purposes of                        programs; include criteria for stationary                      Sullivan County, Tennessee area); 79 FR


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                                                                 Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Rules and Regulations                                                    24555

                                              43655 (July 28, 2014) (final                            attaining a standard. See 57 FR at 13564.                  As noted above, additional section
                                              redesignation for Bellefontaine, Ohio                   EPA noted that the requirements for                     172(c) attainment planning
                                              lead nonattainment area); 61 FR 53174–                  reasonable further progress and other                   requirements are not applicable for
                                              53176 (October 10, 1996) and 62 FR                      measures designed to provide for an                     purposes of evaluating the state’s
                                              24826 (May 7, 1997) (proposed and final                 area’s attainment do not apply in                       redesignation request. The reasonable
                                              redesignation for Reading, Pennsylvania                 evaluating redesignation requests                       further progress (RFP) requirement
                                              ozone nonattainment area); 61 FR 20458                  because those nonattainment planning                    under section 172(c)(2), which is
                                              (May 7, 1996) (final redesignation for                  requirements ‘‘have no meaning’’ for an                 defined as progress that must be made
                                              Cleveland-Akron-Lorain, Ohio ozone                      area that has already attained the                      toward attainment, the requirement to
                                              nonattainment area); and 60 FR 62748                    standard. Id. This interpretation was                   submit section 172(c)(9) contingency
                                              (December 7, 1995) (final redesignation                 also set forth in the Calcagni                          measures, which are measures to be
                                              of Tampa, Florida ozone nonattainment                   Memorandum.1
                                              area). See also 65 FR 37879, 37890 (June                                                                        taken if the area fails to make reasonable
                                              19, 2000) (discussing this issue in final                  EPA’s understanding of section 172                   further progress to attainment, and
                                              redesignation of Cincinnati, Ohio 1-hour                also forms the basis of its Clean Data                  section 172(c)(6)’s requirement that the
                                              ozone nonattainment area); 66 FR 50399                  Policy. Under the Clean Data Policy,                    SIP contain control measures necessary
                                              (October 19, 2001) (final redesignation                 EPA promulgates a determination of                      to provide for attainment of the
                                              of Pittsburgh, Pennsylvania 1-hour                      attainment, published in the Federal                    standard, are not applicable
                                              ozone nonattainment area).                              Register and subject to notice-and-                     requirements that Indiana must meet
                                                 We have reviewed the Indiana SIP                     comment rulemaking, and this                            here because the Muncie area has
                                              and determined that it meets the general                determination formally suspends a                       monitored attainment of the 2008 lead
                                              SIP requirements under section 110 of                   state’s obligation to submit most of the                NAAQS.
                                              the CAA to the extent they are                          attainment planning requirements that
                                                                                                      would otherwise apply, including an                        Section 172(c)(3) requires submission
                                              applicable for purposes of
                                                                                                      attainment demonstration and planning                   and approval of a comprehensive,
                                              redesignation. EPA has previously
                                                                                                      SIPs to provide for reasonable further                  accurate and current inventory of actual
                                              approved provisions of Indiana’s SIP
                                              addressing section 110 requirements                     progress (RFP), reasonably available                    emissions. Indiana submitted a 2013
                                              (including provisions addressing lead),                 control technology and reasonably                       base year emissions inventory along
                                              at 40 CFR 52.770.                                       available control measures (RACT–                       with their redesignation request on
                                                 On December 12, 2011, Indiana                        RACM), and contingency measures. The                    April 14, 2016, and requested that the
                                              submitted a request for EPA to approve                  Clean Data Policy has been codified in                  2013 inventory be used as the most
                                              ‘‘infrastructure SIP’’ elements for the                 regulations regarding the                               accurate and current inventory. As
                                              lead NAAQS required under CAA                           implementation of the ozone and fine                    discussed below in section III(C), EPA is
                                              section 110(a)(2). EPA approved the                     particulate matter NAAQS. See e.g., 70                  approving the 2013 attainment year
                                              Indiana lead infrastructure SIP on April                FR 71612 (November 29, 2005) and 72                     inventory as meeting the section
                                              29, 2015 (80 FR 23713).                                 FR 20586 (April 25, 2007). The Clean                    172(c)(3) emissions inventory
                                              ii. Part D Requirements                                 Data Policy has also been specifically                  requirement for the Muncie area.
                                                                                                      applied in a number of lead                                Section 172(c)(4) requires the
                                                 EPA has determined that upon                         nonattainment areas where EPA has
                                              approval of the base year emissions                                                                             identification and quantification of
                                                                                                      determined that the area is attaining the               allowable emissions for major new and
                                              inventory discussed in this rulemaking,                 lead NAAQS. See, e.g., 79 FR 46212
                                              the Indiana SIP will meet the                                                                                   modified stationary sources in an area,
                                                                                                      (August 7, 2014) (proposed                              and section 172(c)(5) requires source
                                              requirements applicable for purposes of                 determination of attainment of Lyons,
                                              redesignation under part D of the CAA                                                                           permits for the construction and
                                                                                                      Pennsylvania lead nonattainment area);
                                              for the Muncie lead nonattainment area.                                                                         operation of new and modified major
                                                                                                      80 FR 51127 (determination of
                                              Subpart 1 of part D sets forth the general                                                                      stationary sources anywhere in the
                                                                                                      attainment of Eagan, Minnesota lead
                                              nonattainment requirements applicable                   nonattainment area). EPA’s long-                        nonattainment area. EPA approved
                                              to all nonattainment areas.                             standing interpretation regarding the                   Indiana’s current NSR program on
                                                                                                      applicability of section 172(c)’s                       October 7, 1994 (59 FR 51114). In
                                              (1) Section 172 Requirements
                                                                                                      attainment planning requirements for an                 addition, the state’s maintenance plan
                                                 Section 172(c) sets out general                                                                              does not rely on nonattainment NSR,
                                                                                                      area that is attaining a NAAQS applies
                                              nonattainment plan requirements. A                                                                              therefore having a fully approved NSR
                                                                                                      in this redesignation of the Muncie lead
                                              thorough discussion of these                                                                                    program is not an applicable
                                                                                                      nonattainment area as well. Because we
                                              requirements can be found in the                                                                                requirement, but that, nonetheless, we
                                                                                                      are determining that the Muncie area
                                              General Preamble for Implementation of                                                                          have approved the state’s program.1
                                                                                                      has reached attainment, Indiana will not
                                              Title I (57 FR 13498, April 16, 1992)
                                                                                                      need to address these additional                           Section 172(c)(7) requires the SIP to
                                              (‘‘General Preamble’’). EPA’s
                                                                                                      measures to provide for attainment, and                 meet the applicable provisions of
                                              longstanding interpretation of the
                                                                                                      section 172(c)(1) requirements are no                   section 110(a)(2). As noted above, we
                                              nonattainment planning requirements of
                                                                                                      longer considered to be applicable as                   find that the Indiana SIP meets the
                                              section 172 is that once an area is
                                                                                                      long as the area continues to attain the                section 110(a)(2) applicable
                                              attaining the NAAQS, those
                                                                                                      standard until redesignation. (40 CFR                   requirements for purposes of
                                              requirements are not ‘‘applicable’’ for
                                                                                                      51.918). Therefore, Indiana has met its
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                                              purposes of CAA section 107(d)(3)(E)(ii)                                                                        redesignation.
                                                                                                      requirements under CAA section
                                              and therefore need not be approved into
                                                                                                      172(c)(1) and section 107(d)(3)(E)(v).
                                              the SIP before EPA can redesignate the                                                                            1 A detailed rationale for this view is described

                                              area. In the General Preamble, EPA set                                                                          in a memorandum from Mary Nichols, Assistant
                                                                                                        1 September 4, 1992, Memorandum from John             Administrator for Air and Radiation, dated October
                                              forth its interpretation of applicable                  Calcagni, Director, Air Quality Management              14, 1994, entitled, ‘‘Part D New Source Review
                                              requirements for purposes of evaluating                 Division (EPA), entitled, ‘‘Procedures for Processing   Requirements for Areas Requesting Redesignation
                                              redesignation requests when an area is                  Requests to Redesignate Areas to Attainment.’’          to Attainment.’’



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                                              24556              Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Rules and Regulations

                                              (2) Section 176 Conformity                              demonstration requirements of sections                plan for areas seeking redesignation
                                              Requirements                                            172(c)(2) and (6) and 182(b)(1) of the                from nonattainment to attainment.
                                                 Section 176(c) of the CAA requires                   CAA, and the requirement for                          Under section 175A, the plan must
                                              states to establish criteria and                        contingency measures of section                       demonstrate continued attainment of
                                              procedures to ensure that Federally-                    172(c)(9) of the CAA. As noted above,                 the applicable NAAQS for at least 10
                                              supported or funded activities,                         the area has continued to attain the                  years after EPA approves a
                                              including highway and transit projects,                 standard. Of the CAA requirements                     redesignation to attainment. Eight years
                                              conform to the air quality planning                     applicable to this redesignation request,             after redesignation, the state must
                                              goals in the applicable SIPs. The                       only the emissions inventory                          submit a revised maintenance plan
                                              requirement to determine conformity                     requirement of section 172(c)(3)                      which demonstrates that attainment will
                                                                                                      remains.                                              continue to be maintained for 10 years
                                              applies to transportation plans,
                                                                                                        In today’s action, EPA is approving                 following the initial ten-year
                                              programs and projects developed,
                                                                                                      Indiana’s 2013 emissions inventories for              maintenance period. To address the
                                              funded or approved under title 23 of the                the Muncie area as meeting the
                                              U.S. Code and the Federal Transit Act                                                                         possibility of future NAAQS violations,
                                                                                                      requirement of section 172(c)(3) of the               the maintenance plan must contain
                                              (transportation conformity) as well as to               CAA. No Muncie area SIP provisions are
                                              all other Federally-supported or funded                                                                       contingency measures with a schedule
                                                                                                      currently disapproved, conditionally                  for implementation as EPA deems
                                              projects (general conformity). In light of              approved, or partially approved.
                                              the elimination of lead additives in                                                                          necessary to assure prompt correction of
                                                                                                      Therefore, the Administrator has fully                any future lead violations.
                                              gasoline, transportation conformity does                approved the applicable requirements
                                              not apply to the lead NAAQS. See 73 FR                                                                           The September 4, 1992, Calcagni
                                                                                                      for the Muncie area under section 110(k)              memorandum provides additional
                                              66964, 67043 n.120. EPA approved                        in accordance with section
                                              Indiana’s general conformity SIP on                                                                           guidance on the content of a
                                                                                                      107(d)(3)(E)(ii).                                     maintenance plan. The memorandum
                                              January 14, 1998 (63 FR 2146).
                                                                                                      3. The Improvement in Air Quality Is                  states that a maintenance plan should
                                              b. Indiana Has a Fully Approved                         Due to Permanent and Enforceable                      address the following items: The
                                              Applicable SIP Under Section 110(k) of                  Reductions in Emissions Resulting From                attainment emissions inventory, a
                                              the CAA                                                 Implementation of the SIPs and                        maintenance demonstration showing
                                                 Upon final approval of Indiana’s                     Applicable Federal Air Pollution                      maintenance for the 10 years of the
                                              comprehensive 2013 emissions                            Control Regulations and Other                         maintenance period, a commitment to
                                              inventories for the Muncie lead area,                   Permanent and Enforceable Reductions                  maintain the existing monitoring
                                              EPA will have fully approved the                        (Section 107(d)(3)(E)(iii))                           network, factors and procedures to be
                                              Indiana SIP for the Muncie area under                                                                         used for verification of continued
                                                                                                         EPA believes that Indiana has
                                              section 110(k) of the CAA for all                                                                             attainment of the NAAQS, and a
                                                                                                      demonstrated that the observed air
                                              requirements applicable for purposes of                                                                       contingency plan to prevent or correct
                                                                                                      quality improvement in the Muncie area
                                              redesignation, in accordance with                                                                             future violations of the NAAQS.
                                                                                                      is due to permanent and enforceable
                                              section 107(d)(3)(E)(ii). EPA may rely on               reductions in emissions. The only                        Section 175A of the CAA requires a
                                              prior SIP approvals in approving a                      stationary source of lead in the Muncie               state seeking redesignation to
                                              redesignation request. See Calcagni                     area is the Exide Technologies facility.              attainment to submit a SIP revision to
                                              Memorandum at (3); Southwestern                         According to Indiana this source                      provide for the maintenance of the
                                              Pennsylvania Growth Alliance v.                         complies with EPA’s January 5, 2012                   NAAQS in the area ‘‘for at least 10 years
                                              Browner, 144 F.3d 984, 989–990 (6th                     National Emissions Standards for                      after the redesignation.’’ EPA has
                                              Cir. 1998); Wall v. EPA, 265 F.3d 426                   Hazardous Air Pollutants (NESHAP) for                 interpreted this as a showing of
                                              (6th Cir. 2001). EPA also relies on                     secondary lead smelting at 40 CFR part                maintenance ‘‘for a period of 10 years
                                              measures approved in conjunction with                   63, subpart X. According to Indiana,                  following redesignation.’’ Calcagni
                                              a redesignation action. See, e.g., 68 FR                Exide Technologies complied with this                 memorandum at 9. Where the emissions
                                              25413 (May 12, 2003) (approving I/M                     NESHAP through the installation of                    inventory method of showing
                                              program for St. Louis) and 68 FR 25426                  control technologies and adoption of                  maintenance is used, its purpose is to
                                              (May 12, 2003) (approving redesignation                 recordkeeping and reporting                           show that emissions during the
                                              relying in part on I/M program                          requirements that are also located in                 maintenance period will not increase
                                              approval). As discussed in the prior                    Title 326, Articles 15 and 20 of the                  over the attainment year inventory.
                                              section, Indiana has adopted and                        Indiana Administrative Code (80 FR                    Calcagni memorandum at 9–10.
                                              submitted, and EPA has fully approved,                  42393).                                                  As discussed in detail in the section
                                              a number of required SIP provisions                                                                           below, the state’s maintenance plan
                                              addressing the 2008 lead standards. As                  (B) Indiana Has a Fully Approved                      submission expressly documents that
                                              part of its redesignation request and                   Maintenance Plan Pursuant to Section                  the area’s emissions inventories will
                                              maintenance plan submittal, Indiana                     175A of the CAA (Section                              remain below the attainment year
                                              submitted a demonstration to EPA that                   107(d)(3)(E)(iv))                                     inventories through 2030, more than 10
                                              the Muncie nonattainment area has                         In conjunction with Indiana’s request               years after redesignation.
                                              attained the 2008 lead NAAQS.                           to redesignate the Muncie                             2. Attainment Inventory
                                              Pursuant to 40 CFR 51.1004(c), EPA’s                    nonattainment area to attainment status,
                                              determination that the area has attained                Indiana has submitted a SIP revision to                 Indiana developed an emissions
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                                              the 2008 lead standards will suspend                    provide for maintenance of the 2008                   inventory for lead for 2013, one of the
                                              the requirement to submit certain                       lead NAAQS in the area through 2030.                  years in the period during which the
                                              planning SIPs related to attainment,                                                                          Muncie area monitored attainment of
                                              including attainment demonstration                      1. What is required in a maintenance                  the 2008 lead standard. The attainment
                                              requirements, the RACT–RACM                             plan?                                                 level of emissions is summarized in
                                              requirement of section 172(c)(1) of the                    Section 175A of the CAA sets forth                 Table 2 below along with future
                                              CAA, the RFP and attainment                             the required elements of a maintenance                maintenance projections.


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                                                                 Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Rules and Regulations                                          24557

                                              3. Demonstration of Maintenance                         below the 2008 lead NAAQS. Indiana                    measures need to be adopted and
                                                 Along with the redesignation request,                expects that these permanent and                      implemented. The maintenance plan
                                              Indiana submitted a revision to its lead                enforceable controls installed at Exide               must include a requirement that the
                                              SIP to include a maintenance plan for                   Technologies will ensure that there will              state will implement all pollution
                                              the Muncie area, as required by section                 be no exceedances of the lead NAAQS                   control measures that were contained in
                                              175A of the CAA. Indiana’s plan                         in the future. With no other significant              the SIP before redesignation of the area
                                              demonstrates maintenance of the 2008                    sources of lead, the Muncie area is                   to attainment. See section 175A(d) of
                                              lead standard through 2030 by showing                   predicted to stay below the standard.                 the CAA.
                                              that current and future emissions of lead                                                                        Indiana’s contingency plan defines a
                                              in the area remain at or below                             TABLE 2—COMPARISON OF 2010,                        warning level and action level response.
                                                                                                         2013, AND 2030 LEAD TOTALS (tpy)                   The warning level response will trigger
                                              attainment year emission levels. Section
                                                                                                         FOR THE MUNCIE AREA *                              when a lead monitor three-month
                                              175A requires a state seeking
                                                                                                                                                            rolling average exceeds 0.143 mg/m3 in
                                              redesignation to attainment to submit a
                                                                                                           2010               2013             2030         the maintenance area. If a warning level
                                              SIP revision to provide for the                            (Baseline)       (Attainment)     (Maintenance)
                                                                                                                                                            response is triggered, Indiana will
                                              maintenance of the NAAQS in the area
                                                                                                            0.82              0.63               1.73       conduct a study to determine whether
                                              ‘‘for at least 10 years after the
                                                                                                                                                            the lead values indicate a trend toward
                                              redesignation.’’ EPA has interpreted this                 * 2010 Baseline and 2013 attainment inventories
                                                                                                      reflect actual lead emissions in the Muncie area,     exceeding the standard and what
                                              as a showing of maintenance ‘‘for a                     while the 2030 maintenance inventory reflects mod-    control measure would be necessary to
                                              period of 10 years following                            eled allowable emissions in Exide Technologies’ op-
                                                                                                      erating permit.                                       reverse the trend within twelve months
                                              redesignation.’’ Calcagni memorandum
                                                                                                                                                            of the conclusion of the calendar year.
                                              at 9. Where the emissions inventory                     4. Monitoring Network                                 The action level response will be
                                              method of showing maintenance is                                                                              prompted by the determination of the
                                              used, its purpose is to show that                          Indiana’s maintenance plan includes
                                                                                                      a commitment to continue to operate its               warning level study that a reverse of the
                                              emissions during the maintenance                                                                              trend is needed, or by the three-month
                                                                                                      EPA-approved monitoring network, as
                                              period will not increase over the                                                                             rolling average exceeding 0.15 mg/m3.
                                                                                                      necessary to demonstrate ongoing
                                              attainment year inventory. Calcagni                                                                           The action level response will require
                                                                                                      compliance with the NAAQS. Indiana
                                              memorandum at 9–10.                                                                                           Indiana to work with the culpable entity
                                                 Indiana’s plan demonstrates                          currently operates one lead monitor in
                                                                                                      the Muncie, Indiana area.                             to evaluate and implement the needed
                                              maintenance of the 2008 lead NAAQS
                                                                                                                                                            control measures to bring the area into
                                              through 2030 by showing that current                    5. Verification of Continued Attainment
                                                                                                                                                            attainment within 18 months of the
                                              and future emissions of lead for the area                  Indiana remains obligated to continue              conclusion of the calendar year that
                                              will not cause an exceedance of the                     to quality-assure monitoring data and                 triggered the response.
                                              standard. For the baseline and                          enter all data into the Air Quality                      Currently, no new sources of lead are
                                              attainment year inventories, Indiana                    System (AQS) in accordance with                       projected for the Muncie area, so all
                                              used Exide Technologies’ actual                         Federal guidelines. Indiana will use                  control measures would be determined
                                              emissions instead of allowable                          these data, supplemented with                         after an analysis of the situation but
                                              emissions under Indiana Administrative                  additional information as necessary, to               could include further controls on
                                              Code. As shown in Table 2, Indiana’s                    assure that the area continues to attain              fugitive lead emissions, reduction of
                                              submittal indicates that the 2010 and                   the standard. Indiana will also continue              operating hours, or improved
                                              2013 inventories are based on actual                    to develop and submit periodic                        housekeeping and maintenance. Indiana
                                              emissions from the Exide Technologies                   emission inventories as required by the               commits to continue implementing SIP
                                              facility (which were 0.82 tons per year                 Federal Consolidated Emissions                        requirements upon and after
                                              (tpy) in 2010 and 0.63 tpy in 2013), and                Reporting Rule (67 FR 39602, June 10,                 redesignation.
                                              not the allowable emissions set forth in                2002) to track future levels of emissions.               EPA believes that Indiana’s
                                              Exide Technologies’ operating permit                    Both of these actions will help to verify             contingency measures, as well as the
                                              (which were 3.48 tpy in 2010 and 1.73                   continued attainment in accordance                    commitment to continue implementing
                                              tpy in 2013). Indiana submitted                         with 40 CFR part 58.                                  any SIP requirements, satisfy the
                                              computer-modeled data indicating that                                                                         pertinent requirements of section
                                              the 2030 maintenance inventory, which                   6. Contingency Plan
                                                                                                                                                            175A(d).
                                              is based on the facility’s allowable                       The contingency plan provisions are                   As required by section 175A(b) of the
                                              emissions with controls implemented to                  designed to promptly correct or prevent               CAA, Indiana commits to submit to the
                                              meet the NESHAP for secondary lead                      a violation of the NAAQS that might                   EPA an updated lead maintenance plan
                                              smelting, will ensure that the Muncie                   occur after redesignation of an area to               eight years after redesignation of the
                                              area continues to maintain the standard                 attainment. Section 175A of the CAA                   Muncie area to cover an additional 10-
                                              through 2030. To meet the NESHAP for                    requires that a maintenance plan                      year period beyond the initial 10-year
                                              secondary lead smelters, Exide                          include such contingency measures as                  maintenance period.
                                              Technologies facility’s main building                   EPA deems necessary to assure that the                   For all of the reasons set forth above,
                                              serves as a total enclosure that                        state will promptly correct a violation of            EPA is approving Indiana’s 2008 lead
                                              maintains negative air pressure at all                  the NAAQS that occurs after                           maintenance plan for the Muncie area as
                                              times and is vented to control devices                  redesignation. The maintenance plan                   meeting the requirements of CAA
                                              designed to capture lead particulate                    should identify the contingency                       section 175A.
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                                              emissions. This ensures fugitive dust                   measures to be adopted, a schedule and
                                              generated inside the facility is not                    procedure for adoption and                            (C) Comprehensive Emissions Inventory
                                              released outside the enclosure and into                 implementation of the contingency                       As discussed above, section 172(c)(3)
                                              the ambient air. Since these controls                   measures, and a time limit for action by              of the CAA requires areas to submit a
                                              have been installed at the facility, the                the state. The state should also identify             comprehensive emissions inventory
                                              monitored design value concentrations                   specific indicators to be used to                     including all lead sources in the
                                              at the site have been and should remain                 determine when the contingency                        nonattainment area. In its April 14, 2016


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                                              24558              Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Rules and Regulations

                                              submittal, Indiana submitted                            comment on an amendment, paragraph,                   methods, under Executive Order 12898
                                              comprehensive emissions inventories                     or section of this rule and if that                   (59 FR 7629, February 16, 1994).
                                              for its 2010 base year, 2013 attainment                 provision may be severed from the                        In addition, the SIP is not approved
                                              year, and 2030 maintenance year.                        remainder of the rule, EPA may adopt                  to apply on any Indian reservation land
                                                EPA believes that the 2010, 2013, and                 as final those provisions of the rule that            or in any other area where EPA or an
                                              2030 emissions inventories are complete                 are not the subject of an adverse                     Indian tribe has demonstrated that a
                                              and accurate, and meet the requirement                  comment. If we do not receive any                     tribe has jurisdiction. In those areas of
                                              of CAA section 172(c)(3). The                           comments, this action will be effective               Indian country, the rule does not have
                                              inventories are shown in Table 3.                       July 31, 2017.                                        tribal implications and will not impose
                                                                                                      VI. Statutory and Executive Order                     substantial direct costs on tribal
                                                 TABLE 3—2010, 2013, AND 2030     Reviews                                                                   governments or preempt tribal law as
                                                 LEAD TOTALS (tpy) FOR THE MUNCIE                                                                           specified by Executive Order 13175 (65
                                                 AREA *                             Under the CAA, the Administrator is                                     FR 67249, November 9, 2000).
                                                                                                      required to approve a SIP submission
                                                                                                                                                               The Congressional Review Act, 5
                                                   2010               2013              2030          that complies with the provisions of the
                                                 (Baseline)       (Attainment)      (Maintenance)                                                           U.S.C. 801 et seq., as added by the Small
                                                                                                      CAA and applicable Federal regulations.
                                                                                                                                                            Business Regulatory Enforcement
                                                    0.82             0.63                1.73         42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                                                                                                                                            Fairness Act of 1996, generally provides
                                                                                                      Thus, in reviewing SIP submissions,
                                                * 2010 Baseline and 2013 attainment inventories                                                             that before a rule may take effect, the
                                              reflect actual lead emissions in the Muncie area,       EPA’s role is to approve state choices,
                                                                                                                                                            agency promulgating the rule must
                                              while the 2030 maintenance inventory reflects mod-      provided that they meet the criteria of
                                              eled allowable emissions in Exide Technologies’ op-                                                           submit a rule report, which includes a
                                              erating permit.                                         the CAA. Accordingly, this action
                                                                                                                                                            copy of the rule, to each House of the
                                                                                                      merely approves state law as meeting
                                              V. What action is EPA taking?                                                                                 Congress and to the Comptroller General
                                                                                                      Federal requirements and does not
                                                                                                                                                            of the United States. EPA will submit a
                                                 EPA is taking several actions related                impose additional requirements beyond
                                                                                                                                                            report containing this action and other
                                              to the redesignation of the Muncie area                 those imposed by state law. For that
                                                                                                                                                            required information to the U.S. Senate,
                                              to attainment for the 2008 lead NAAQS.                  reason, this action:
                                                                                                                                                            the U.S. House of Representatives, and
                                              First, EPA is finding that Indiana meets                   • Is not a significant regulatory action           the Comptroller General of the United
                                              the requirements for redesignation                      subject to review by the Office of                    States prior to publication of the rule in
                                              under section 107(d)(3)(E) of the CAA                   Management and Budget under                           the Federal Register. A major rule
                                              for the Muncie area to attainment of the                Executive Orders 12866 (58 FR 51735,                  cannot take effect until 60 days after it
                                              2008 lead NAAQS. EPA is thus                            October 4, 1993) and 13563 (76 FR 3821,               is published in the Federal Register.
                                              approving Indiana’s request to change                   January 21, 2011);                                    This action is not a ‘‘major rule’’ as
                                              the designation of the Muncie area from                    • Does not impose an information                   defined by 5 U.S.C. 804(2).
                                              nonattainment to attainment for the                     collection burden under the provisions
                                                                                                      of the Paperwork Reduction Act (44                       Under section 307(b)(1) of the CAA,
                                              2008 lead NAAQS.
                                                                                                      U.S.C. 3501 et seq.);                                 petitions for judicial review of this
                                                 In addition, EPA is approving                                                                              action must be filed in the United States
                                              Indiana’s lead maintenance plan for the                    • Is certified as not having a
                                                                                                      significant economic impact on a                      Court of Appeals for the appropriate
                                              Muncie area as a revision to the Indiana                                                                      circuit by July 31, 2017. Filing a petition
                                              SIP. Finally, EPA is approving the 2013                 substantial number of small entities
                                                                                                      under the Regulatory Flexibility Act (5               for reconsideration by the Administrator
                                              lead attainment year emission inventory                                                                       of this final rule does not affect the
                                              which satisfies the requirement in                      U.S.C. 601 et seq.);
                                                                                                                                                            finality of this action for the purposes of
                                              section 172(c)(3) for a current, accurate                  • Does not contain any unfunded
                                                                                                                                                            judicial review nor does it extend the
                                              and comprehensive emission inventory.                   mandate or significantly or uniquely
                                                                                                                                                            time within which a petition for judicial
                                                 We are publishing these actions                      affect small governments, as described
                                                                                                                                                            review may be filed, and shall not
                                              without prior proposal because we view                  in the Unfunded Mandates Reform Act
                                                                                                                                                            postpone the effectiveness of such rule
                                              this as a noncontroversial amendment                    of 1995 (Pub. L. 104–4);
                                                                                                                                                            or action. Parties with objections to this
                                              and anticipate no adverse comments.                        • Does not have Federalism
                                                                                                                                                            direct final rule are encouraged to file a
                                              However, in the proposed rules section                  implications as specified in Executive
                                                                                                                                                            comment in response to the parallel
                                              of this Federal Register publication, we                Order 13132 (64 FR 43255, August 10,
                                                                                                                                                            notice of proposed rulemaking for this
                                              are publishing a separate document that                 1999);
                                                                                                                                                            action published in the proposed rules
                                              will serve as the proposal to approve the                  • Is not an economically significant
                                                                                                                                                            section of today’s Federal Register,
                                              state plan if relevant adverse written                  regulatory action based on health or
                                                                                                                                                            rather than file an immediate petition
                                              comments are filed. This rule will be                   safety risks subject to Executive Order
                                                                                                                                                            for judicial review of this direct final
                                              effective July 31, 2017 without further                 13045 (62 FR 19885, April 23, 1997);
                                                                                                                                                            rule, so that EPA can withdraw this
                                              notice unless we receive relevant                          • Is not a significant regulatory action
                                                                                                                                                            direct final rule and address the
                                              adverse written comments by June 29,                    subject to Executive Order 13211 (66 FR
                                                                                                                                                            comment in the proposed rulemaking.
                                              2017. If we receive such comments, we                   28355, May 22, 2001);
                                                                                                                                                            This action may not be challenged later
                                              will withdraw this action before the                       • Is not subject to requirements of                in proceedings to enforce its
                                              effective date by publishing a                          Section 12(d) of the National                         requirements. (See section 307(b)(2).)
                                              subsequent document that will                           Technology Transfer and Advancement
                                              withdraw the final action. All public                   Act of 1995 (15 U.S.C. 272 note) because              List of Subjects
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                                              comments received will then be                          application of those requirements would               40 CFR Part 52
                                              addressed in a subsequent final rule                    be inconsistent with the CAA; and
                                              based on the proposed action. EPA will                     • Does not provide EPA with the                      Environmental protection, Air
                                              not institute a second comment period.                  discretionary authority to address, as                pollution control, Incorporation by
                                              Any parties interested in commenting                    appropriate, disproportionate human                   reference, Intergovernmental relations,
                                              on this action should do so at this time.               health or environmental effects, using                Lead, Reporting and recordkeeping
                                              Please note that if EPA receives adverse                practicable and legally permissible                   requirements.


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                                                                        Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Rules and Regulations                                                                                       24559

                                              40 CFR Part 81                                                          PART 52—APPROVAL AND                                                    alphabetical order for ‘‘Muncie 2008
                                                Environmental protection, Air                                         PROMULGATION OF                                                         lead emissions inventory’’ and ‘‘Muncie
                                              pollution control, National parks,                                      IMPLEMENTATION PLANS                                                    2008 lead maintenance plan’’ to read as
                                              Wilderness areas.                                                                                                                               follows:
                                                Dated: May 4, 2017.                                                   ■ 1. The authority citation for part 52
                                                                                                                      continues to read as follows:                                           § 52.770       Identification of plan.
                                              Robert A. Kaplan,
                                                                                                                          Authority: 42 U.S.C. 7401 et seq.                                   *       *    *                *        *
                                              Acting Regional Administrator, Region 5.
                                                                                                                                                                                                  (e) * * *
                                                40 CFR parts 52 and 81 are amended                                    ■ 2. In § 52.770 the table in paragraph
                                              as follows:                                                             (e) is amended by adding new entries in

                                                                                 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 cita-
                                                                                                                                         tion].
                                              Muncie 2008 lead maintenance plan .......                              4/14/2016         5/30/2017 [insert Federal Register cita-
                                                                                                                                         tion].

                                                           *                              *                               *                            *                              *                                *                      *



                                              ■ 3. Section 52.797 is amended by                                         (g) Approval—The 2008 lead                                                Authority: 42 U.S.C. 7401 et seq.
                                              adding paragraphs (f) and (g) to read as                                maintenance plan for the Muncie,
                                              follows:                                                                Indiana nonattainment area has been                                     ■ 5. Section 81.315 is amended by
                                                                                                                      approved as submitted on April 14,                                      revising the entry for Muncie, IN in the
                                              § 52.797         Control strategy: Lead.                                2016.                                                                   table entitled ‘‘Indiana—2008 Lead
                                              *     *     *    *    *                                                                                                                         NAAQS’’ to read as follows:
                                                (f) Approval—Indiana’s 2008 lead                                      PART 81—DESIGNATION OF AREAS
                                              emissions inventory for the Muncie                                      FOR AIR QUALITY PLANNING                                                § 81.315       Indiana.
                                              area, as submitted on April 14, 2016,                                   PURPOSES                                                                *        *           *        *        *
                                              satisfying the emission inventory
                                              requirements of section 172(c)(3) of the                                ■ 4. The authority citation for part 81
                                              Clean Air Act for the Muncie area.                                      continues to read as follows:

                                                                                                                              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
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Document Created: 2018-11-08 08:54:24
Document Modified: 2018-11-08 08:54:24
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis 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.
ContactAnthony 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]
FR Citation82 FR 24553 
CFR Citation40 CFR 52
40 CFR 81
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Lead; Reporting and Recordkeeping Requirements; National Parks and Wilderness Areas

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