Approval and Promulgation of Implementation Plans; Indiana

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IN27-2-6226; FRL-4837-3]

Approval and Promulgation of Implementation Plans; Indiana

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: On November 24, 1993, the United States Environmental

Protection Agency (USEPA) proposed to approve a State Implementation

Plan (SIP) request for Vermillion County, Indiana. The request was

submitted by the State of Indiana for the purpose of attaining the

National Ambient Air Quality Standards (NAAQS) for particulate matter

with an aerodynamic diameter less than or equal to a nominal 10

micrometers (PM), and to satisfy Clean Air Act (Act) requirements for

an approvable nonattainment area PM SIP for Vermillion County, Indiana.

Public comments were solicited on the proposed SIP revision, and on

USEPA's proposed rulemaking action. No public comments were received.

This rulemaking action approves in final the Vermillion County, Indiana

SIP revision as requested by Indiana.

EFFECTIVE DATE: This final rulemaking action becomes effective on March

17, 1994.

ADDRESSES: Copies of the State's submittal and other materials relating

to this rulemaking action are available at the following address for

review: United States Environmental Protection Agency, Region 5, Air

and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois

60604. The docket may be inspected between the hours of 8:30 a.m. and

12 noon and from 1:30 p.m. until 3:30 p.m. Monday through Friday. A

reasonable fee may be charged by USEPA for copying docket material.

FOR FURTHER INFORMATION CONTACT: David Pohlman, Regulation Development

Branch, Regulation Development Section (AR-18J), U.S. Environmental

Protection Agency, Region 5, Chicago, Illinois 60604, (312) 886-3299.

Anyone wishing to visit the Region 5 offices should first contact David

Pohlman.

SUPPLEMENTARY INFORMATION:

Background

In 1988, several exceedances of the ambient air quality standard

for PM were recorded in Vermillion County at monitoring sites located

downwind of Peabody Coal Company's Universal Mine, Blanford East Area.

As a result of these exceedances, and pursuant to section 107(d)(A)(B)

of the Act, part of Clinton Township, in Vermillion County, was

classified as moderate nonattainment for PM. See 56 FR 56752 (November

8, 1991) and 40 CFR 81.315. Section 189 of the Act requires State

submission of a PM SIP for moderate nonattainment areas by November 15,

1991.

On January 13, 1993, Indiana submitted the required PM SIP revision

for the Vermillion County PM nonattainment area. Additional information

in support of the request was submitted on February 22, 1993 and April

8, 1993. In these materials, the Indiana Department of Environmental

Management (IDEM) stated that mining operations at the Peabody Coal

Company's Blanford mining area ceased permanently in early 1992. The

entire nonattainment area is now used exclusively for agricultural

purposes.

IDEM has also stated that the operating permit issued to Peabody

Coal Company for it's mining operations expired on April 1, 1992, and

will not be renewed. This facility has been deleted from the State's

emissions inventory, and there are no other permitted or registered PM

sources located in the Vermillion County nonattainment area.

The State also submitted a summary of air quality monitoring data

for the nonattainment area. This data shows that there have been no

violations of the NAAQS since 1988. It can be seen that the annual

average PM concentration has decreased significantly from 45 micrograms

per cubic meter (g/m3) in 1988 to 29 g/m3

in 1992 (the NAAQS is 50 g/m3). The monitored 24 hour PM

concentrations have also decreased greatly in the last 5 years. The

highest monitored concentration in 1988 was 202 g/m3

compared to 84 in 1992 (the NAAQS is 150 g/m3). The most

significant improvement is seen between the years 1991 and 1992 when

mining operations in the nonattainment area ceased.

On November 24, 1993, USEPA proposed to approve the

State'ssubmission (58 FR 62067). In this proposal, USEPA identified the

PM SIP elements required by the Act, including the requirement that the

State must submit a demonstration showing that the plan will provide

for attainment as expeditiously as practicable, but not later than

December 31, 1994. See section 189(a)(1)(B) of the Act. USEPA's

proposal to approve the Vermillion County SIP request was based on the

State's having met this requirement; which, in turn, was based on both

the permanent cessation of all mining operations and the low monitored

concentrations of PM since 1988 in the Vermillion County area. In the

proposal, USEPA also discussed the inapplicability of certain other PM

SIP requirements due to the absence of industrial PM sources in the

county.1

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\1\As noted in the proposal, the State must still submit

provisions related to contingency measures under section 172(c)(9)

of the Act. The USEPA will address this issue in a future rulemaking

action.

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The public comment period for the notice of proposed rulemaking

closed on December 27, 1993. No public comments were received.

Rulemaking Action

USEPA approves the requested Vermillion County nonattainment area

PM SIP revision which was submitted on January 13, 1993, as

supplemented on February 22, 1993, and April 8, 1993. Among other

things, the State of Indiana has demonstrated that the Vermillion

County moderate PM nonattainment area will attain the PM NAAQS by

December 31, 1994.

This action has been classified as a Table 3 action by the Regional

Administrator under the procedures published in the Federal Register on

January 19. 1989 (54 FR 2214-2225). A revision to the SIP processing

review tables was approved by the Acting Assistant Administrator for

Office of Air and Radiation on October 4, 1993 (Michael Shapiro's

memorandum to Regional Administrators). A future notice will inform the

general public of these tables. Under the revised tables this action is

remains classified as a Table 3. On January 6, 1989, the Office of

Management and Budget (OMB) waived Table 2 and Table 3 SIP revisions

(54 FR 2222) from the requirements of section 3 of Executive Order

12291 for 2 years. The USEPA has submitted a request for a permanent

waiver for Table 2 and Table 3 SIP revisions. The OMB has agreed to

continue the waiver until such time as it rules on USEPA's request.

This request continued in effect under Executive Order 12866 which

superseded Executive Order 12291 on September 30, 1993.

Nothing in this action should be construed as permitting, allowing,

or establishing a precedent for any future request for revision to the

SIP in light of specific technical, economic, and environmental factors

and in relation to relevant to statutory and regulatory requirements.

Under section 307(b)(1) of the Act, petitions for judicial review

of this action must be filed in the United States Court of Appeals for

the appropriate circuit by April 18, 1994. Filing a petition for

reconsideration by the Administrator of this final rule does not affect

the finality of this rule 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.

This action may not be challenged later in proceedings to enforce its

requirements. See section 307(b)(2) of the Act.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Particulate

matter.

Dated: January 31, 1994.

David A. Ullrich,

Acting Regional Administrator.

Part 52, chapter I, title 40 of the Code of Federal Regulations is

amended as follows:

PART 52--[AMENDED]

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

Authority: 42 U.S.C. 7401-7671q.

Subpart P--Indiana

2. Section 52.776 is amended by adding paragraph (p) to read as

follows:

Sec. 52.776 Control strategy: Particulate matter.

* * * * *

(p) Approval-On January 13, 1993 the State of Indiana submitted a

particulate matter State Implementation Plan revision for the

Vermillion County nonattainment area. Additional information was

submitted on February 22, 1993 and April 8, 1993. These materials

demonstrate that the plan will provide for attainment of the National

ambient air quality standards for particulate matter by December 31,

1994, in accordance with section 189(a)(1)(B) of the Clean Air Act.

[FR Doc. 94-3523 Filed 2-14-94; 8:45 am]

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