Federal Register - March 2, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 39 / Tuesday, March 2, 2021 / Rules and Regulations notification or September 30, 2019, whichever occurs first.
FR Doc. 202104108 Filed 3121; 8:45 am BILLING CODE 656050P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
EPAR05OAR20180732; FRL10020
70Region 5
Designation of Areas for Air Quality Planning Purposes; Indiana;
Redesignation of the Southwest Indiana Sulfur Dioxide Nonattainment Area
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 Indianas maintenance plan for the Southwest Indiana SO2 nonattainment area. Indiana submitted the request for approval of the Southwest Indiana nonattainment areas redesignation and maintenance plan on October 24, 2018, and supplemental information on August 25, 2020. EPA has previously approved Indianas 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. EPAR05OAR20180732. 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,
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SUPPLEMENTARY INFORMATION:
I. Background Information
Environmental Protection Agency EPA.
ACTION: Final rule.
AGENCY:
SUMMARY:
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 COVID19. We recommend that you telephone Abigail Teener, Environmental Engineer, at 312 3537314 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Abigail Teener, Environmental Engineer, Attainment Planning and Maintenance Section, Air Programs Branch AR18J, U.S. Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, 312 3537314, teener.abigail@
epa.gov.
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 Indianas maintenance plan for the nonattainment area 85 FR 68533.
An explanation of the CAA
requirements, a detailed analysis of the revisions, and EPAs 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 Indianas 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 Indianas 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 107d3E 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
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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. 7410k; 40 CFR 52.02a.
Thus, in reviewing SIP submissions, EPAs 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. 1044;
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 12d 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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