Indiana Department of Environmental Management 

Michael R. Pence 

Governor 

Mr. George Czerniak 

Air Division Director 

We Protect Hoosiers and Our Environment. 

100 N. Senate Avenue • Indianapolis, IN 46204 

(800) 451-6027 • (317) 232-8603 • ww.idem.IN.gov 

February 11,2016 

Carol S. Comer 

Commissioner 

U.S. Environmental Protection Agency 

Region 5 

77 West Jackson Boulevard 

Chicago, IL 60604-3950 

Dear Mr. Czerniak: 

Re: RACM/RACT Determination for Indiana's 

Portion (Lawrenceburg Township, 

Dearborn County) of the CincinnatiHamilton, OH-KY-IN 1997 Annual Fine 

Particle Non attainment Area 

Pursuant to Section 172(c)(1) of the Clean Air Act (CAA), the Indiana Department 

of Environmental Management (IDEM) submits supporting information regarding 

Reasonably Available Control Measures (RACM)/Reasonably Available Control 

Technology (RACT) for Indiana's portion (Lawrenceburg Township, Dearborn County) 

of the Cincinnati-Hamilton, OH-KY-IN, 1997 annual fine particle nonattainment area. 

Section 172(c)(1) of the CAA requires a demonstration that the State has adopted all 

reasonable and available control measures to demonstrate attainment as expeditiously 

as practicable and that no additional measures are reasonably available that will or 

would have advanced the attainment date. IDEM submitted a final Redesignation 

Petition and Maintenance Plan for Lawrenceburg Township to U.S. EPA on January 25, 

2011. U.S. EPA subsequently redesignated Lawrenceburg Township to attainment and 

classified it as maintenance under the 1997 annual fine particle standard on December 

23, 2011 (76 FR 80253). 

This letter is in response to the federal Sixth Circuit Court of Appeals' March 18, 

2015, vacatur of U.S. EPA's conclusion that the Cincinnati-Hamilton metropolitan area 

had attained the 1997 annual fine particles (PM2.5) standard. The Sierra Club 

challenged U.S. EPA's determination because they believed that the states of Indiana 

and Ohio had declined to develop rules imposing RACM /RACT for fine particles on 

sources within the area. The court agreed with this argument and held that Indiana and 

Ohio's failure to impose RACM/RACT invalidated U.S. EPA's conclusion that the states' 

portion of the Cincinnati nonattainment area was in attainment of the standard. The 

court's decision did not implicate Kentucky's portion of the nonattainment area for 

procedural reasons. 

An Equal Opportunity Employer 0 Please Reduce, Reuse, Recycle 

A State that� 
Mr. George Czerniak 

Page 2 of 3 

Monitored air quality in the Cincinnati area through the year 2014 continues to 

attain the 1997 annual fine particle standard. Air quality improvements in the area are 

due to permanent and enforceable measures that have achieved significant emission 

reductions that will ensure continued compliance (maintenance) with the standard with 

an increasing margin of safety over time. No further control measures are necessary to 

advance the attainment date as the Cincinnati area has attained and continues to attain 

the 1997 annual fine particle standard. Indiana commits to maintain existing control 

measures after redesignation or submit to U.S. EPA, as a state implementation plan 

(SIP) revision, any changes to its rules or emission limits applicable to PM2.5 and/or fineparticle precursor emission sources, as required for maintenance of the 1997 annual 

fine particle standard in Lawrenceburg Township, Dearborn County, Indiana. 

Indiana met its obligation to submit an attainment SIP to U.S. EPA for its portion 

of the nonattainment area on July 3, 2008. This attainment demonstration showed that 

existing permanent and enforceable controls would provide for timely attainment of the 

1997 PM2.5 standard by the attainment deadline of April 5, 2009. IDEM's attainment 

demonstration was validated by quality assured monitoring data at the close of 2009. 

Indiana's attainment demonstration and weight of evidence analysis for Lawrenceburg 

Township, Dearborn County, Indiana, clearly demonstrated existing permanent and 

enforceable emission control measures will ensure that the area will continue to 

maintain compliance with the 1997 annual fine particle standard with an increasing 

margin of safety over time. As such, Indiana is confident that no other reasonably 

available measures were available or necessary to attain or advance attainment of the 

standard. 

The primary source for PM2.5 precursor emissions within Indiana's portion of the 

non attainment area is the Tanners Creek power plant. The location of this power plant, 

combined with the volume of precursor emissions was the primary rationale for U.S. 

EPA's inclusion of Lawrenceburg Township within the nonattainment area. Within 

Indiana's attainment SIP, the Clean Air Interstate Rule (CAIR) was cited as the critical 

permanent and enforceable control measure that would aid in providing for attainment 

of the area. The implementation of this rule demonstrated significant emission 

reductions to occur at the Tanners Creek power plant. It should be noted, as the result 

of a settlement with U.S. EPA to resolve violations of the CAA's new source review 

(NSR) requirements, American Electric Power (AEP) permanently retired its Tanners 

Creek Generating Station located in Lawrenceburg Township, Dearborn County (i.e. all 

four coal-fired electric generating units) on June 1, 2015. This will ensure that the 

facility does not restart without proper permitting under the CAA. As a result of the 

closure of this facility, direct PM2.5 and fine particle precursor emissions in Dearborn 

County, Indiana, have decreased significantly further improving air quality in the 

Cincinnati-Hamilton, OH-KY-IN, nonattainment area, above and beyond what Indiana 

demonstrated as necessary to support ongoing attainment of the area. 

Based on the information provided herein, Indiana respectively requests U.S. 

EPA act on the portion of Indiana's attainment plan for Lawrenceburg Township that 

addresses RACM/RACT, submitted on July 3, 2008 to U.S. EPA, which is still before 

U.S. EPA. Indiana believes that it has satisfied its obligation under Section 172 (c)(1) of 

the CAA. 
Mr. George Czerniak 

Page 3 of 3 

This submittal consists of one (1) hard copy of this letter. An electronic version of 

this letter, in PDF format, has been sent to Doug Aburano, Chief of U.S. EPA Region 5's 

Attainment Planning and Maintenance Section. If you have any questions or need 

additional information, please contact Scott Deloney, Chief, Air Programs Branch, at 

(317) 233-5694 or sdeloney@idem.in.gov. 

kb/sd/bc/gf/lf 

Sincerely, 

l(e;JL o�r 

Keith Baugues 

Assistant Commissioner 

Office of Air Quality 

cc: John Summerhays, U.S. EPA Region 5 

Doug Aburano, U.S. EPA Region 5 

John Mooney, U.S. EPA Region 5 

Keith Baugues, IDEM-OAQ 

Scott Deloney, I DEM-OAQ 

Brian Callahan, IDEM-OAQ 

Gale Ferris, IDEM-OAQ 

Leslie Ferguson, IDEM-OAQ 

File Copy