[Federal Register Volume 85, Number 99 (Thursday, May 21, 2020)]
[Rules and Regulations]
[Pages 30844-30849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09246]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2017-0462; FRL-10008-35-Region 5]
Designation of Areas for Air Quality Planning Purposes; Indiana;
Redesignation of the Indianapolis 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 Indianapolis, Indiana area
from nonattainment to attainment for the 2010 sulfur dioxide
(SO2) National Ambient Air Quality Standard (NAAQS). The
area is comprised of Perry, Wayne, and Center Townships in Marion
County, Indiana. EPA is also approving, as a revision to the Indiana
State Implementation Plan (SIP), Indiana's maintenance plan for this
area. EPA proposed to approve Indiana's redesignation request and
maintenance plan on April 30, 2019 and received two public comment
submissions.
DATES: This final rule is effective on May 21, 2020.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2017-0462. 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 Mary
Portanova at (312) 353-5954 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Mary Portanova, Environmental
Engineer, Control Strategies Section, Air Programs Branch, U.S.
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353-5954, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. What is being addressed by this document?
II. What comments did we receive on the proposed action and what are
EPA's responses to those comments?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is being addressed by this document?
On April 30, 2019 (84 FR 18195), EPA proposed to redesignate the
Indianapolis SO2 nonattainment area to attainment of the
2010 SO2 NAAQS. The Indianapolis SO2
nonattainment area is comprised of Perry, Wayne, and Center Townships
in Marion County, Indiana. An explanation of the CAA requirements for
redesignation, a detailed analysis of Indiana's July 10, 2017
redesignation request, and a discussion of EPA's reasons for proposing
to redesignate were provided in the notice of proposed rulemaking
(NPRM) and will not be restated here.
II. What comments did we receive on the proposed action and what are
EPA's responses to those comments?
The public comment period for EPA's proposed redesignation closed
on May 30, 2019. EPA received two public comment submissions, which are
addressed below.
Comment: The Indiana Department of Environmental Management (IDEM)
commented that it supported the proposed redesignation. IDEM also
commented that EPA's proposed redesignation omitted Center Township
from its description of the Indianapolis SO2 nonattainment
area and requested that this error be corrected.
EPA Response: EPA affirms its intent to approve the redesignation
of the entire Indianapolis SO2 nonattainment area, which
includes Center Township, Perry Township, and Wayne Township in Marion
County. Two facilities addressed in EPA's April 30, 2019 proposal are
located in Center Township: Belmont Advanced Wastewater Treatment Plant
(formerly Indianapolis Sludge Incinerator), and the Citizen's Thermal-
Perry K steam generation plant. The April 30, 2019 proposal discussed
the permanent and enforceable SO2 emission reductions which
have occurred at these two facilities. The enforceable requirements for
these facilities, adopted into the SIP at 326 IAC 7-4-2.1, include new
controls at the Belmont Advanced Wastewater Treatment Plant and an
enforceable change from coal to natural gas as fuel for Citizen's
Thermal-Perry K. EPA finds that the redesignation requirements for
Center Township have been met, and therefore, EPA intends to include
Center Township in the final redesignation action for the Indianapolis
SO2 nonattainment area.
Comment: A second commenter stated that Indiana is subject to a SIP
call issued under CAA section 110(k)(5), and that EPA may not
redesignate the Indianapolis area because ``the state must have an
approved SIP under section 110(k).'' The commenter contends that the
Indiana SIP provision covered by the SIP call is generally
[[Page 30845]]
applicable throughout the State, and unlawfully allows exemptions from
emission limits during periods of malfunction. The commenter states
that this provision creates a risk that Indiana sources could cause
violations of the NAAQS. Accordingly, the commenter contends that EPA
``cannot'' approve any redesignation requests for Indiana ``until the
state addresses the substantial inadequacy identified by EPA in the SIP
call.''
EPA Response: As an initial matter, although the commenter does not
specifically identify which statutory provision pertaining to
redesignation is at issue, we assume for purposes of our response that
the commenter was referring to CAA section 107(d)(3)(E)(ii), which
requires that ``the Administrator has fully approved the applicable
implementation plan for the area under section [110(k) of the CAA].''
We disagree that a state being subject to an outstanding SIP call under
section 110(k)(5) automatically means that CAA section 107(d)(3)(E)(ii)
cannot be met, and that, as commenter avers, any nonattainment area in
the state is subsequently barred from being redesignated to attainment.
As background, we believe the commenter is referring to the
startup, shutdown, and malfunction (SSM) SIP Call, an action EPA took
on June 12, 2015 regarding how various SIP provisions treat excess
emissions during periods of SSM. See 80 FR 33840. With respect to
Indiana, EPA determined in the SSM SIP call that 326 IAC 1-6-4(a)--a
provision EPA first approved into the SIP in 1984--was ``substantially
inadequate to meet CAA requirements.'' Id. at 33966. IDEM has submitted
a SIP amendment to revise 326 IAC 1-6-4(a) and EPA is still evaluating
that submittal. See Letter from Keith Baugues, Assistant Commissioner,
IDEM Office of Air Quality, to Robert A. Kaplan, Acting Regional
Administrator, EPA Region 5 (January 31, 2017) (EPA-R05-OAR-2017-0462).
For the reasons given below, we do not believe the SIP call for SIP
rule 326 IAC 1-6-4(a) precludes the Indianapolis nonattainment area's
redesignation to attainment for the 2010 SO2 NAAQS. First, a
SIP call under section 110(k)(5) initiates a schedule for revising the
presently approved SIP; it does not undo the SIP's status as ``fully
approved.'' Rather, it conveys the Administrator's finding that the
approved SIP has substantial inadequacies that must be revised and
establishes a separate pathway for those revisions to occur. Until EPA
approves a SIP revision, the presently approved SIP continues to apply
and continues to be ``fully approved.'' As stated in EPA's longstanding
interpretation of the redesignation provision, ``An area cannot be
redesignated if a required element of its plan is the subject of a
disapproval; a finding of failure to submit or to implement the SIP; or
partial, conditional, or limited approval. However, this does not mean
that earlier issues with regard to the SIP will be reopened. Regions
should not reconsider those things that have already been approved. . .
.'' Memorandum from John Calcagni, ``Procedures for Processing Requests
to Redesignate Areas to Attainment,'' (September 4, 1992) (``Calcagni
Memo'') at 3. See also Gen. Motors Corp. v. United States, 496 U.S.
530, 540 (1990) (``the approved SIP is the applicable implementation
plan during the time a SIP revision proposal is pending'') (citing
numerous cases); Southwestern Pa. Growth Alliance v. Browner, 144 F.3d
984, 989-990 (6th Cir. 1998) (affirming EPA's interpretation in the
Calcagni Memo). Notably absent from the list of CAA section 110
provisions in the Calcagni Memo that would bar EPA from finding that a
SIP was fully approved--including disapproval or partial approval under
section 110(k)(3), a finding of failure to submit under section
110(c)(1)(A), and conditional approval under section 110(k)(4)--is an
action under the SIP call provision in section 110(k)(5). We therefore
do not agree with the commenter that being subject to a SIP call bars
Indiana from seeking redesignation for every nonattainment area in its
state.
Moreover, to the extent that the commenter is asserting that the
existence of an SSM provision in Indiana's SIP could lead to
violations, and thereby preclude redesignation, we disagree. The
specific SSM provision implicated in the SIP call in 326 IAC 1-6-4(a)
addresses malfunctions that result in excess emissions. Under the
State's maintenance plan, the State commits to enforce all measures
necessary to maintain the 2010 SO2 NAAQS, which would
include ensuring that malfunctions affecting those measures are
remedied. The State also commits to investigate and take action if
significant increases in ambient SO2 levels in a
redesignated area occur, so as to ensure continuing maintenance of the
NAAQS. Therefore, EPA finds that Indiana's maintenance plan can address
malfunctions which may affect a redesignated area.
The SIP provision at 326 IAC 1-6-4(a) has no bearing on
Indianapolis's ability to attain and maintain the 2010 SO2
NAAQS. In its air quality modeling showing attainment in Indianapolis,
as cited in the April 30, 2019 proposed redesignation, IDEM identified
six major sources of SO2 as the main contributors to ambient
SO2 concentrations in Indianapolis, and applied emission
reductions to them to provide for attainment of the 2010 SO2
NAAQS. SIP rule 326 IAC 1-6-4(a) does not apply to those major sources;
it applies only to non-major sources whose potential emissions are so
small that their sole permitting requirement is either a registration
permit or minor source permit under either 326 IAC 2-5.1 or 326 IAC 2-
6.1, respectively. By contrast, the six major sources of SO2
are subject to the permanent, enforceable SO2 emission
limitations codified at 326 IAC 7-4-2.1, a rule that has been fully
approved into the Indiana SIP.\1\ They also have major source operating
permits issued by IDEM pursuant to rules approved by EPA under title V
of the CAA and 40 CFR part 70, and those permits incorporate the SIP
limits. The permanent and enforceable SO2 emission
reductions at those six sources--which Indiana demonstrated will
provide for attainment in Indianapolis--are not affected in any way by
326 IAC 1-6-4(a). EPA's finding here is consistent with prior
redesignation actions. See, e.g., 79 FR at 55649, the September 17,
2014 final redesignation of the Phoenix-Mesa area (redesignating an
area, notwithstanding the existence of SSM provisions, where ``all of
the specific control measures relied upon by the state for numeric
credit for attainment and maintenance planning purposes, with very
minor exceptions, apply to'' sources not impacted by those SSM
provisions).
---------------------------------------------------------------------------
\1\ As discussed below, the commenter appears to have been
mistaken about the status of 326 IAC 7-4-2.1. That provision was
approved into Indiana's SIP on March 22, 2019 (84 FR 10692), prior
to EPA's April 30, 2019 proposal to redesignate the Indianapolis
nonattainment area.
---------------------------------------------------------------------------
EPA's finding is also consistent with another finding in the
September 17, 2014 final redesignation of the Phoenix-Mesa area, which
concludes that the emissions of the sources in that action which were
impacted by SSM provisions constituted such a small percentage of the
inventory that they were unlikely to lead to violations. For the
Indianapolis area, the total 2015 attainment year SO2
inventory is 15,312 tons per year (tpy). The six major sources
contributed a total of 14,967 tpy. The emission inventory included an
additional 176 tpy in point source emissions that was not attributed to
the six major sources. That 176 tpy of emissions represents only 1.1
percent of the total attainment inventory. Indiana's attainment year
inventory did not
[[Page 30846]]
specify the individual sources whose emissions made up the 176 tpy, but
if that entire total was assumed to be emitted by a set of small
SO2 sources subject to 326 IAC 1-6-4(a), then this is the
maximum portion of the attainment emission inventory which could
potentially be put at risk by the SIP call provision. As noted in the
April 30, 2019 proposed redesignation, Indiana's modeled attainment
demonstration gave a final ambient air quality result, including
background, of 191.1 micrograms per cubic meter, which is equivalent to
73 parts per billion (ppb), or 97 percent of the standard. Even if all
the sources subject to 326 IAC 1-6-4(a) released excess SO2
emissions during malfunctions, we expect that the Indianapolis area
would still meet the 2010 SO2 NAAQS. The current monitored
design value for the Indianapolis area (covering the three-year period
2016-2018) is 8 ppb, which is 11 percent of the 2010 SO2
NAAQS, so the risk of malfunctions related to the SSM SIP call rule
causing a monitored violation is very low.
EPA concludes that because the SIP call rule only applies to
sources emitting a very small percentage of the total SO2
emissions in the Indianapolis area, the risk suggested by the commenter
that the SIP call provision could lead to violations of the 2010
SO2 NAAQS is very low, and therefore the existence of that
SIP provision does not undermine or preclude the approval of Indiana's
redesignation request for the Indianapolis area.
Comment: EPA has not approved all aspects of Indiana's
infrastructure SIP under section 110 of the CAA, even though an area
must meet ``all applicable requirements for the area under section 110
and Part D'' before being redesignated. EPA thus ``cannot'' approve any
redesignation request for Indiana until the state fully addresses all
infrastructure requirements under CAA section 110, including interstate
transport and visibility. The commenter specifically cited ``the
interstate transport prongs 1 and 2 of 110(a)(2)(D)(i)(I), prong 3 for
visibility, and 110(a)(2)(J) for visibility.''
EPA Response: EPA does not agree that we are precluded from
approving any redesignation for any nonattainment area in the state of
Indiana until the state has met all CAA section 110 infrastructure
requirements. CAA section 107(d)(3)(E)(v) states that EPA may not
redesignate a nonattainment area to attainment unless ``the State
containing such area has met all requirements applicable to the area
under section [110] of this title and part D of this subchapter.'' The
statute does not specify how EPA is to determine which requirements in
section 110 and Part D are ``applicable'' for purposes of evaluating a
state's redesignation request, and courts have agreed that this
provision is ambiguous. See Wall v. EPA, 265 F.3d 426, 439 (6th Cir.
2001) (``Although ``applicable'' could be interpreted as limiting only
the geographical area to which the statutory requirements must apply,
it can also be interpreted as limiting the number of actual
requirements within CAA section 110 and Part D that apply to a given
area.''); see also Sierra Club v. EPA, 375 F.3d 537, 541 (7th Cir.
2004) (finding the term ``applicable'' in CAA section 107(d)(3)(E)(ii)
to be ``a protean word that takes color from context; it lacks a
single, enduring meaning'').
Commenter's interpretation of that provision would suggest that EPA
is precluded from redesignating any area in the state, for any
pollutant, until every section 110 infrastructure requirement has been
met by the state and approved into the SIP by EPA. We think this
interpretation of CAA section 107(d)(3)(E)(v) is unreasonable. States
are required to submit section 110 infrastructure SIPs within 3 years
of the promulgation of a new NAAQS (see CAA section 110(a)(1)), and
taking commenter's interpretation at face value, states would be
precluded from seeking redesignation of an area for one NAAQS if it had
outstanding infrastructure obligations under an entirely different
NAAQS. We think this reading of the CAA is patently unreasonable and
not what Congress intended.
EPA's longstanding interpretation of ``applicable'' in CAA section
107(d)(3)(E)(v) focuses the Agency's review for purposes of
redesignation to those requirements in section 110 and Part D that are
linked to an area's nonattainment status for the specific NAAQS at
issue and that will no longer need to be complied with upon
redesignation. Requirements unlinked to an area's nonattainment status
for a particular NAAQS will continue to apply after the area is
redesignated to attainment, and an area failing to comply with those
obligations would remain subject to all related CAA consequences,
including the possibility of sanctions. EPA has applied this
interpretation to conformity and oxygenated fuels requirements and
section 184 ozone transport requirements. In Wall v. EPA, the 6th
Circuit upheld this interpretation, affirming EPA's determination that
a state's failure to submit a SIP addressing transportation conformity
requirements was not a basis upon which to deny the state's request for
redesignation for a particular area in the state, because that
requirement was not ``applicable'' under CAA section 107(d)(3)(E)(v).
265 F.3d at 440.
With respect to the specific infrastructure elements cited by the
commenter--the interstate transport requirements in CAA sections
110(a)(2)(D)(i)(I) and the requirements in CAA sections
110(a)(2)(D)(i)(II) and 110(a)(2)(J) to address visibility--these
elements are not ``applicable'' requirements for purposes of CAA
section 107(d)(3)(E)(v). As noted above, these requirements are not
linked to the area's designation as nonattainment for SO2
and apply regardless of whether EPA redesignates the Indianapolis area.
In any case, EPA approved the visibility element of CAA section
110(a)(2)(D)(i)(II), known as ``Prong 4,'' \2\ for Indiana's
SO2 infrastructure SIP on September 6, 2019 (84 FR 46889),
so the comment that this requirement is missing from the infrastructure
SIP is no longer accurate. In addition, on February 27, 2015 (80 FR
10644), EPA proposed to find that the requirements in CAA section
110(a)(2)(J) to address visibility were not germane to the State's
infrastructure SIP for the 2010 SO2 NAAQS, and thus EPA took
no action on that element in its final action on August 14, 2015 (80 FR
48733). To the extent that commenter is alleging that there are
additional unapproved infrastructure SIP requirements under CAA section
110 besides the CAA section 110(a)(2)(D)(i)(I) transport prongs which
EPA has not taken action upon, that Indiana would need to comply with
before it may be redesignated, Indiana has met all of its other
infrastructure requirements under CAA section 110. See 80 FR 48733
(August 14, 2015) (approving all other infrastructure SIP elements).
---------------------------------------------------------------------------
\2\ Commenter cited ``prong 3 for visibility.'' In CAA section
110(a)(2)(D)(i)(II), Prong 3 is ``interstate transport-prevention of
significant deterioration,'' and Prong 4 is ``interstate transport-
protect visibility.''
---------------------------------------------------------------------------
For all these reasons, EPA concludes that Indiana has met all CAA
section 110 SIP elements applicable for purposes of redesignation.
Comment: EPA lists several Federal rulemakings as establishing
allowable limits for six modeled sources. These include the Cross-State
Air Pollution Rule (CSAPR), Mercury and Air Toxics Standards (MATS),
and the National Emission Standards for Hazardous Air Pollutants
(NESHAP) for Industrial Commercial and Institutional Boilers and
Process Heaters. The commenter states that while EPA's proposal
explained that these limits have been
[[Page 30847]]
adopted at 326 IAC 7-4-2.1, the commenter believes that the Federal
rulemakings cannot have themselves established appropriate enforceable
limits for addressing hourly SO2, because they were not
written to do so. The commenter states that if EPA expects any co-
benefits from these Federal programs, then it must first quantify those
reductions, and then require Indiana to include these measures in an
approved SIP revision.
EPA Response: The April 30, 2019 proposed redesignation included a
statement which inadvertently oversimplified the role of CSAPR, MATS,
and the NESHAP in Indiana's achieving SO2 reductions in
Indianapolis. In its July 17, 2017 submittal, Indiana stated that some
emission limits for the Indianapolis facilities were established in
response to those Federal rulemakings, which several facilities had
already worked to comply with. However, Indiana did not rely on the
existence of Federal rulemakings alone, but rather codified the
facilities' SO2 emission limits in 326 IAC 7-4-2.1. The
limits in 326 IAC 7-4-2.1 were fully approved into Indiana's SIP on
March 22, 2019 (84 FR 10692) and are permanent, enforceable, hourly
emission limits. Indiana's modeled demonstration of attainment,
detailed in EPA's NPRM on Indiana's nonattainment SO2 SIP
for Indianapolis, August 15, 2018 (83 FR 40487), showed that the
emission limits in 326 IAC 7-4-2.1 are adequate to attain and maintain
the 2010 SO2 NAAQS in the Indianapolis nonattainment area.
Comment: The commenter stated that, based on information in an EPA
website, 326 IAC 7-4-2.1 was not SIP-approved at the time of EPA's
proposed redesignation. The commenter asserted that EPA could not rely
on emission reductions from the rule to determine attainment of the
SO2 NAAQS.
EPA Response: Indiana revised its SO2 rule for Marion
County, codified at 326 IAC 7-4-2.1, and submitted it as a SIP revision
on October 2, 2015. EPA approved these rules on March 22, 2019 (84 FR
10692). The rule was fully approved into the SIP at the time of EPA's
April 30, 2019 proposed redesignation of the Indianapolis
SO2 nonattainment area. EPA's website has been updated
accordingly.
Comment: EPA must clarify that Indiana is required to submit a
second ten-year maintenance plan by the eighth year of the first ten-
year maintenance period. Since Indiana's maintenance plan is effective
to December 31, 2030, Indiana should be required to submit a second
ten-year maintenance plan by December 31, 2028, and not eight years
after EPA's approval of this maintenance plan (which, if EPA publishes
the final rule in 2019 would be 2027).
EPA Response: CAA section 175A(b) requires the State to submit an
additional revision of the maintenance plan eight years after
redesignation of the area. Indiana has committed in its July 10, 2017
submittal to fulfill this CAA requirement.
III. What action is EPA taking?
EPA is redesignating the Indianapolis SO2 nonattainment
area to attainment of the 2010 SO2 NAAQS. This area consists
of Center, Perry, and Wayne Townships in Marion County, Indiana. EPA is
also approving Indiana's SO2 maintenance plan for the
Indianapolis area.
In accordance with 5 U.S.C. 553(d), EPA finds there is good cause
for these actions to become effective immediately upon publication.
This is because a delayed effective date is unnecessary due to the
nature of a redesignation to attainment, which relieves the area from
certain CAA requirements that would otherwise apply to it. The
immediate effective date for this action is authorized under both 5
U.S.C. 553(d)(1), which provides that rulemaking actions may become
effective less than 30 days after publication if the rule ``grants or
recognizes an exemption or relieves a restriction,'' and section
553(d)(3), which allows an effective date less than 30 days after
publication ``as otherwise provided by the agency for good cause found
and published with the rule.'' The purpose of the 30-day waiting period
prescribed in section 553(d) is to give affected parties a reasonable
time to adjust their behavior and prepare before the final rule takes
effect. This rule, however, does not create any new regulatory
requirements such that affected parties would need time to prepare
before the rule takes effect. Rather, this rule relieves the State of
planning requirements for this SO2 nonattainment area. For
these reasons, EPA finds good cause under 5 U.S.C. 553(d)(3) for these
actions to become effective on the date of publication of these
actions.
IV. Statutory and Executive Order Reviews
Under the CAA, redesignation of an area to attainment and the
accompanying approval of the maintenance plan under CAA section
107(d)(3)(E) are actions that affect the status of the geographical
area and do not impose any additional regulatory requirements on
sources beyond those required by state law. A redesignation to
attainment does not in and of itself impose any new requirements, but
rather results in the application 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 these reasons, 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).
[[Page 30848]]
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), because
redesignation is an action that affects the status of a geographical
area and does not impose any new regulatory requirements on tribes,
impact any existing sources of air pollution on tribal lands, nor
impair the maintenance of the NAAQS in tribal lands.
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 July 20, 2020. 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: April 24, 2020.
Kurt Thiede,
Regional Administrator.
40 CFR parts 52 and 81 are amended 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 ``Indianapolis 2010 Sulfur Dioxide (SO2)
maintenance plan'' following the entry ``Indianapolis 2010 Sulfur
Dioxide (SO2) Attainment Plan'' to read as follows:
Sec. 52.770 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Indiana Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Title Indiana date EPA approval Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Indianapolis 2010 Sulfur Dioxide (SO2) 7/10/2017 5/21/2020, [insert Federal
maintenance plan. Register citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
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 by revising the entry ``Indianapolis, IN''
in the table entitled ``Indiana--2010 Sulfur Dioxide NAAQS [Primary]''
to read as follows:
Sec. 81.315 Indiana.
* * * * *
Indiana--2010 Sulfur Dioxide NAAQS
[Primary]
----------------------------------------------------------------------------------------------------------------
Designation
Designated area 1 3 -------------------------------------------------------------
Date \2\ Type
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Indianapolis, IN.................................. May 21, 2020................. Attainment.
Marion County (part)..........................
Wayne Township, Center Township, Perry
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.
\2\ This date is April 9, 2018, unless otherwise noted.
\3\ Porter County will be designated by December 31, 2020.
[[Page 30849]]
* * * * *
[FR Doc. 2020-09246 Filed 5-20-20; 8:45 am]
BILLING CODE 6560-50-P