[Federal Register Volume 86, Number 39 (Tuesday, March 2, 2021)]
[Rules and Regulations]
[Pages 12107-12109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04195]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2018-0732; FRL-10020-70-Region 5]


Designation of Areas for Air Quality Planning Purposes; Indiana; 
Redesignation of the Southwest Indiana Sulfur Dioxide Nonattainment 
Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: In accordance with the Clean Air Act (CAA), the Environmental 
Protection Agency (EPA) is redesignating the Southwest Indiana 
nonattainment area, which consists of a portion of Daviess County and a 
portion of Pike County (Veale Township in Daviess County and Washington 
Township in Pike County), to attainment for the 2010 primary, health-
based 1-hour sulfur dioxide (SO<INF>2</INF>) National Ambient Air 
Quality Standard (NAAQS). EPA is also approving Indiana's maintenance 
plan for the Southwest Indiana SO<INF>2</INF> nonattainment area. 
Indiana submitted the request for approval of the Southwest Indiana 
nonattainment area's redesignation and maintenance plan on October 24, 
2018, and supplemental information on August 25, 2020. EPA has 
previously approved Indiana's attainment plan for the Southwest Indiana 
area.

DATES: This final rule is effective on April 30, 2021.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2018-0732. All documents in the docket are listed on 
the www.regulations.gov website. Although listed in the index, some 
information is not publicly available, i.e., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available either 
through www.regulations.gov or at the Environmental Protection Agency, 
Region 5, Air and Radiation Division, 77 West Jackson Boulevard, 
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding Federal holidays and facility 
closures due to COVID-19. We recommend that you telephone Abigail 
Teener, Environmental Engineer, at (312) 353-7314 before visiting the 
Region 5 office.

FOR FURTHER INFORMATION CONTACT: Abigail Teener, Environmental 
Engineer, Attainment Planning and Maintenance Section, Air Programs 
Branch (AR-18J), U.S. Environmental Protection Agency, Region 5, 77 
West Jackson Boulevard, Chicago, Illinois 60604, (312) 353-7314, 
<a href="/cdn-cgi/l/email-protection#760213131813045817141f11171f1a3613061758111900"><span class="__cf_email__" data-cfemail="2b5f4e4e454e59054a49424c4a42476b4e5b4a054c445d">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

I. Background Information

    On October 29, 2020, EPA proposed to approve the redesignation of 
the Southwest Indiana SO<INF>2</INF> nonattainment area to attainment 
of the 2010 primary, health-based 1-hour SO<INF>2</INF> NAAQS and to 
approve Indiana's maintenance plan for the nonattainment area (85 FR 
68533). An explanation of the CAA requirements, a detailed analysis of 
the revisions, and EPA's reasons for proposing approval were provided 
in the notice of proposed rulemaking and will not be restated here. The 
public comment period for this proposed rule ended on November 30, 
2020. EPA received no comments on the proposal.

II. Final Action

    In accordance with Indiana's October 24, 2018 request and August 
25, 2020 supplemental letter, EPA is redesignating the Southwest 
Indiana nonattainment area from nonattainment to attainment of the 2010 
SO<INF>2</INF> NAAQS. EPA finds that Indiana has demonstrated that the 
area is attaining the 2010 SO<INF>2</INF> NAAQS and that the 
improvement in air quality is due to permanent and enforceable 
SO<INF>2</INF> emission reductions in the area. EPA is also approving 
Indiana's maintenance plan, which is designed to ensure that the area 
will continue to maintain the SO<INF>2</INF> NAAQS.

III. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of a maintenance plan under section 107(d)(3)(E) 
are actions that affect the status of a geographical area and do not 
impose any additional regulatory requirements on sources beyond those 
imposed by state law. A redesignation to attainment does not in and of 
itself create any new requirements, but rather results in the 
applicability of requirements contained in the CAA for areas that have 
been redesignated to attainment. Moreover, the Administrator is 
required to approve a SIP submission that complies with the provisions 
of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 
CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to 
approve state choices, provided that they meet the criteria of the CAA. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
    <bullet> 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);
    <bullet> Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because it is not a significant regulatory 
action under Executive Order 12866;
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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

[[Page 12108]]

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 May 3, 2021. 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. 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, Reporting and recordkeeping 
requirements, Sulfur oxides.

40 CFR Part 81

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

    Dated: February 22, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.

    For the reasons stated in the preamble, EPA amends 40 CFR parts 52 
and 81 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 an 
entry for ``Southwest Indiana 2010 Sulfur Dioxide (SO<INF>2</INF>) 
Maintenance Plan'' following the entry ``Southwest Indiana 2010 Sulfur 
Dioxide (SO<INF>2</INF>) Attainment Plan'' to read as follows:


Sec.  52.770  Identification of plan.

* * * * *
    (e) * * *

                       EPA-Approved Indiana Nonregulatory and Quasi-Regulatory Provisions
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                Title                        Indiana date             EPA approval             Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Southwest Indiana Sulfur Dioxide       10/24/2018, 8/25/2020..  3/2/2021, [INSERT
 (SO2) Maintenance Plan.                                         FEDERAL REGISTER
                                                                 CITATION].
 
                                                  * * * * * * *
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* * * * *

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

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

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


0
4. Section 81.315 is amended in the table entitled ``Indiana--2010 
Sulfur Dioxide NAAQS [Primary]'' by revising the entry for ``Southwest 
Indiana, IN'' to read as follows:


Sec.  81.315  Indiana.

* * * * *

                   Indiana--2010 Sulfur Dioxide NAAQS
                                [Primary]
------------------------------------------------------------------------
                                                 Designation
        Designated area \1\        -------------------------------------
                                       Date \2\             Type
------------------------------------------------------------------------
 
                              * * * * * * *
Southwest Indiana, IN.............       4/30/2021  Attainment.
    Daviess County (part)
        Veale Township
    Pike County (part)
        Washington Township
 
                              * * * * * * *
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\1\ Includes any Indian country in each county or area, unless otherwise
  specified. EPA is not determining the boundaries of any area of Indian
  country in this table, including any area of Indian country located in
  the larger designation area. The inclusion of any Indian country in
  the designation area is not a determination that the state has
  regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is April 9, 2018, unless otherwise noted.


[[Page 12109]]

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[FR Doc. 2021-04195 Filed 3-1-21; 8:45 am]
BILLING CODE 6560-50-P


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