Federal Register / Vol. 86, No. 39 / Tuesday, March 2, 2021 / Rules and Regulations 12107 

notification or September 30, 2019, 

whichever occurs first. 

* * * * * 

[FR Doc. 2021–04108 Filed 3–1–21; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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, healthbased 1-hour sulfur dioxide (SO2) 

National Ambient Air Quality Standard 

(NAAQS). EPA is also approving 

Indiana’s maintenance plan for the 

Southwest Indiana SO2 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, teener.abigail@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background Information 

On October 29, 2020, EPA proposed 

to approve the redesignation of the 

Southwest Indiana SO2 nonattainment 

area to attainment of the 2010 primary, 

health-based 1-hour SO2 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 SO2 NAAQS. 

EPA finds that Indiana has 

demonstrated that the area is attaining 

the 2010 SO2 NAAQS and that the 

improvement in air quality is due to 

permanent and enforceable SO2

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 

SO2 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: 

• 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); 

• 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; 

• 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 


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12108 Federal Register / Vol. 86, No. 39 / Tuesday, March 2, 2021 / Rules and Regulations 

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 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

■ 2. In § 52.770, the table in paragraph 

(e) is amended by adding an entry for 

‘‘Southwest Indiana 2010 Sulfur 

Dioxide (SO2) Maintenance Plan’’ 

following the entry ‘‘Southwest Indiana 

2010 Sulfur Dioxide (SO2) Attainment 

Plan’’ to read as follows: 

§ 52.770 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED INDIANA NONREGULATORY AND QUASI-REGULATORY PROVISIONS

Title Indiana date EPA approval Explanation 

*******

Southwest Indiana Sulfur Dioxide 

(SO2) Maintenance Plan.

10/24/2018, 8/25/2020 .................. 3/2/2021, [INSERT FEDERAL 

REGISTER CITATION].

* * * * * * * 

* * * * * 

PART 81—DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 3. The authority citation for part 81 

continues to read as follows: 

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

■ 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: 

§ 81.315 Indiana. 

* * * * * 

INDIANA—2010 SULFUR DIOXIDE NAAQS 

[Primary] 

Designated area 1

Designation 

Date 2 Type 

*******

Southwest Indiana, IN .................................................................................................. 4/30/2021 Attainment. 

Daviess County (part) 

Veale Township 

Pike County (part) 

Washington Township 

* * * * * * * 

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. 2This date is April 9, 2018, unless otherwise noted. 


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* * * * * 

[FR Doc. 2021–04195 Filed 3–1–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R06–OAR–2020–0315; FRL–10019– 

25–Region 6] 

Approval and Promulgation of State 

Air Quality Plans for Designated 

Facilities and Pollutants; Arkansas, 

Louisiana, New Mexico, and 

Albuquerque-Bernalillo County, New 

Mexico; Control of Emissions From 

Existing Hospital/Medical/Infectious 

Waste Incinerator Units 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: Pursuant to the Federal Clean 

Air Act (CAA or the Act), the 

Environmental Protection Agency (EPA) 

is notifying the public that we have 

received CAA section 111(d)/129 

negative declarations from Arkansas, 

Louisiana, New Mexico, and 

Albuquerque-Bernalillo County, New 

Mexico, for existing Hospital/Medical/ 

Infectious Waste Incinerator (HMIWI) 

units. These negative declarations 

certify that HMIWI subject to the 

requirements of sections 111(d) and 129 

of the CAA do not exist within the 

jurisdictions of Arkansas, Louisiana, 

New Mexico, and AlbuquerqueBernalillo County. The EPA is accepting 

the negative declarations and amending 

the agency’s regulations in accordance 

with the requirements of the CAA. 

DATES: This rule is effective on April 1, 

2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2020–0315. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., Confidential Business 

Information or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet. Publicly available docket 

materials are available electronically 

through https://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Karolina Ruan Lei, EPA Region 6 Office, 

Air and Radiation Division—State 

Planning and Implementation Branch, 

1201 Elm Street, Suite 500, Dallas, TX 

75270, (214) 665–7346, ruanlei.karolina@epa.gov. Out of an 

abundance of caution for members of 

the public and our staff, the EPA Region 

6 office will be closed to the public to 

reduce the risk of transmitting COVID– 

19. Please call or email the contact 

listed above if you need alternative 

access to material indexed but not 

provided in the docket. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ means the EPA. 

I. Background 

The background for this action is 

discussed in detail in our July 10, 2020, 

proposal (85 FR 41484). In that 

document we proposed to accept the 

HMIWI negative declarations from the 

Arkansas Department of Environmental 

Quality (ADEQ), Louisiana Department 

of Environmental Quality (LDEQ), 

Oklahoma Department of Environmental 

Quality (ODEQ), New Mexico 

Environment Department (NMED), and 

City of Albuquerque Environmental 

Health Department (AEHD), and to 

amend the Code of Federal Regulations 

(CFR) in accordance with the 

requirements of the CAA. In this 

rulemaking, we are only taking final 

action on the HMIWI negative 

declaration letters from Arkansas, 

Louisiana, New Mexico, and 

Albuquerque-Bernalillo County, New 

Mexico, and amending the CFR 

accordingly. We will take final action on 

the HMIWI negative declaration 

submitted by ODEQ for Oklahoma in a 

future, separate rulemaking. 

II. Response to Comments 

We received two comments on our 

proposal. We have determined that one 

comment has no relevance to the subject 

of this rulemaking and no further 

response is required. The other 

comment recommended that a state plan 

with the more stringent controls and 

results in the cleanest air should be 

adopted. As explained in our proposal, 

the negative declarations received 

reflect the absence of any sources 

subject to the standards of performance 

in the HMIWI Emission Guidelines, 

codified at 40 CFR part 60, subpart Ce, 

and therefore a plan is not required. If 

any sources within the stated 

jurisdictions are later identified as 

subject to the requirements of 40 CFR 

part 60, subpart Ce, then such sources 

would be subject to the federal plan and 

the associated compliance schedule, 

unless and until the EPA approves a 

state plan for those sources. 

III. Final Action 

The EPA is amending 40 CFR part 62 

to reflect receipt of the negative 

declaration letters from ADEQ, LDEQ, 

NMED and AEHD certifying that there 

are no existing HMIWI subject to 40 CFR 

part 60, subpart Ce, in their respective 

jurisdictions in accordance with 40 CFR 

60.23(b), 40 CFR 62.06, and sections 

111(d) and 129 of the CAA. If a 

designated facility (i.e., existing HMIWI) 

is later found within the aforementioned 

jurisdictions after publication of a final 

action, then the overlooked facility will 

become subject to the requirements of 

the federal plan for that designated 

facility, including the compliance 

schedule. The federal plan will no 

longer apply if we subsequently receive 

and approve the section 111(d)/129 plan 

from the jurisdiction with the 

overlooked facility. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a CAA section 

111(d)/129 submission that complies 

with the provisions of the Act and 

applicable Federal regulations. 42 

U.S.C. 7411(d); 42 U.S.C. 7429; 40 CFR 

part 60, subparts B and Ce; and 40 CFR 

part 62, subpart A. With regard to 

negative declarations for designated 

facilities received by the EPA from 

states, the EPA’s role is to notify the 

public of the receipt of such negative 

declarations and revise 40 CFR part 62 

accordingly. 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 


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