[Federal Register Volume 85, Number 36 (Monday, February 24, 2020)]
[Proposed Rules]
[Pages 10360-10364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03506]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2019-0330; FRL-10005-63-Region 5]
Air Plan Approval; Illinois; Redesignation of the Lemont and
Pekin Sulfur Dioxide Nonattainment Areas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: In accordance with the Clean Air Act (CAA), the Environmental
Protection Agency (EPA) is proposing to redesignate the Lemont and
Pekin sulfur dioxide (SO2) nonattainment areas from
nonattainment to attainment. EPA is also proposing to approve Illinois'
maintenance plans for these two areas. Emissions of SO2 in
the areas have been reduced, and the air quality in the two areas is
currently better than the SO2 national ambient air quality
standard (NAAQS).
DATES: Comments must be received on or before March 25, 2020.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2019-0330 at http://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit http://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Mary Portanova, Environmental
Engineer, Control Strategies Section, Air Programs Branch (AR-18J),
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. Background and Redesignation Requirements
II. Determination of Attainment
a. Lemont
b. Pekin
III. Approval of Illinois' SIPs
IV. Permanent and Enforceable Emission Reductions
V. Maintenance Plans
VI. Requirements for the Areas Under Section 110 and Part D
VII. What action is EPA taking?
VIII. Statutory and Executive Order Reviews
I. Background and Redesignation Requirements
In 2010, EPA established a revised primary SO2 NAAQS of
75 parts per billion (ppb) (75 FR 35520, June 22, 2010). EPA designated
the Lemont and Pekin areas as nonattainment for the 2010 SO2
NAAQS on August 5, 2013 (78 FR 47191) based upon air quality monitoring
data for calendar years 2009-2011. The Lemont nonattainment area is
comprised of Lemont Township in Cook County and Lockport and DuPage
Townships in Will County, Illinois. The Pekin nonattainment area is
comprised of Hollis Township in Peoria County and Cincinnati and Pekin
Townships in Tazewell County, Illinois.
On March 2, 2016, Illinois submitted nonattainment State
Implementation Plans (SIPs) to provide for attainment of the NAAQS in
the Lemont and Pekin nonattainment areas by the SO2
attainment date of October 4, 2018. The plans were developed to meet
the additional requirements of sections 172(c) and 191-192 of the CAA.
Illinois supplemented the plans on August 8,
[[Page 10361]]
2016 and May 4, 2017, and EPA approved them on February 1, 2018 (83 FR
4591). Illinois submitted its request to redesignate the Lemont and
Pekin areas on May 24, 2019.
Under CAA section 107(d)(3)(E), there are five criteria which must
be met before a nonattainment area may be redesignated to attainment:
1. EPA has determined that the relevant NAAQS has been attained in
the area.
2. The applicable implementation plan has been fully approved by
EPA under section 110(k) of the CAA.
3. EPA has determined that improvement in air quality is due to
permanent and enforceable reductions in emissions resulting from the
SIP, applicable Federal regulations, and other permanent and
enforceable reductions.
4. EPA has fully approved a maintenance plan, including a
contingency plan, for the area under section 175A of the CAA.
5. The State has met all applicable requirements for the area under
section 110 and part D of the CAA.
II. Determination of Attainment
The first requirement for redesignation is to demonstrate that the
NAAQS has been attained in the area. Under EPA regulations at 40 CFR
part 50, the SO2 NAAQS is met at an ambient air quality
monitoring site when the three-year average of the annual 99th
percentile daily maximum one-hour average concentration values for the
site is less than or equal to 75 ppb, as determined in accordance with
appendix T of 40 CFR part 50. As stated in EPA's April 2014 ``Guidance
for 1-Hour SO2 Nonattainment Area SIP Submissions'' (April
2014 Guidance), there are two components needed to support an
attainment determination for SO2: An initial review of
representative air quality monitoring data, then a further analysis,
which generally requires air quality modeling, to demonstrate that the
entire area is attaining the applicable NAAQS, based on current actual
emissions or the fully implemented control strategy. Illinois has
addressed both components for each nonattainment area.
a. Lemont
EPA has reviewed the ambient air monitoring data for the Lemont
nonattainment area. There is one SO2 monitoring site in Cook
County for the Lemont area (monitor 17-031-1601 in Lemont Township).
The data from this monitor have been certified and recorded in EPA's
Air Quality System database. Illinois has committed to continue
monitoring for SO2 at this location. EPA's review addresses
air quality data collected through 2018, which includes the most recent
three years of complete, quality-assured data.
Table 1 shows the 99th percentile results and three-year average
design values for the Lemont nonattainment area monitors for 2012-2018.
Lemont has been in attainment of the 2010 SO2 NAAQS of 75
ppb since the 2012-2014 three-year design value period, when the design
value was 66 ppb. Currently, the design value at the Lemont monitor has
dropped to 8 ppb (2016-2018). Therefore, Illinois has demonstrated that
the Lemont area's SO2 monitor shows attainment of the 2010
SO2 NAAQS. Preliminary monitoring data for 2019 indicate
that the area is continuing to attain the 2010 SO2 NAAQS.
Table 1--Lemont Monitoring Data, 2012-2018
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Year and 99th percentile value (ppb)
Location/site ID ---------------------------------------------------------------------------------------------------------------
2012 2013 2014 2015 2016 2017 2018
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Lemont 17-031-1601...................... 108 73 16 20 12 5 6
rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr
Three-year design value (ppb)
rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr
2012-2014 2013-2015 2014-2016 2015-2017 2016-2018
---------------------------------------------------------------------------------------------------------------
66 36 16 13 8
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Illinois also prepared a dispersion modeling analysis demonstrating
that the Lemont area will attain the SO2 NAAQS under the
area's control strategy. Illinois provided this analysis in its March
2, 2016 nonattainment SIP submittal. Illinois' analysis showed that
revised SO2 emission limits at five SO2 sources
in the Lemont nonattainment area, in addition to statewide requirements
for lower sulfur fuel oil, will provide for attainment. Illinois has
confirmed that the modeled facilities are currently in full compliance
with their emission limits. Current actual emissions at these
facilities are therefore at or below the levels Illinois used in its
modeling analysis. The modeling analysis was discussed in detail in the
October 5, 2017 (82 FR 46434) notice of proposed rulemaking for the
Lemont and Pekin SO2 nonattainment SIPs. The modeling shows
that compliance with the emission limits in Illinois' plan, even at
maximum allowable emissions, yields attainment in the entire Lemont
area. Further, since the sources in the Lemont area are complying with
these limits, this modeling supports EPA's proposed conclusion that the
Lemont area is attaining the SO2 NAAQS.
b. Pekin
EPA has reviewed the ambient air monitoring data for the Pekin
nonattainment area. There is one SO2 monitoring site in
Tazewell County for the Pekin area (17-179-0004, in Pekin Township).
The initial SO2 data gathered between August 31, 2016 and
August 16, 2018 was invalidated after the monitor failed an audit in
late 2018. Illinois addressed EPA's concerns with the monitor by
replacing faulty equipment at the site on August 16, 2018. EPA is
satisfied that Illinois is meeting the requirements of 40 CFR part 58,
appendix A for this monitor, and that the SO2 data gathered
at this monitor after August 16, 2018 has been valid.
Because portions of the data from 2016 to 2018 were invalidated,
there is no valid three-year design value for SO2 at Pekin
from the 2014-2016 time period to the present. The last valid three-
year design value which was calculated using data gathered before the
audit and data invalidation for Pekin was 167 ppb (2013-2015), which
does not meet the 2010 SO2 NAAQS. The 2013-2015 design value
does not provide useful information on the current state of
SO2 air quality in Pekin, because it represents the local
air
[[Page 10362]]
quality before Illinois' revised SO2 nonattainment SIP
limits for Pekin came into effect. SO2 emissions in the area
decreased after 2015 due to the revised SIP emission limits at three
facilities: The Midwest Generation Powerton Station, the Illinois Power
Holdings E.D. Edwards Power Plant, and Aventine Renewable Energy
Resources, now Pacific Ethanol Pekin, Inc. Since January 1, 2017, the
Pekin facilities have been in full compliance with their new emission
limits. Air quality monitoring data measured from late 2018 to the
present, confirmed to be valid, now indicates that emissions have
sharply declined since 2015 and remain well below the 2010
SO2 NAAQS for 2019. The 99th percentile one-hour maximum
value for the valid portion of 2018 is 12 ppb. The preliminary data for
2019 indicates a 99th percentile one-hour maximum value of 17 ppb. The
average of preliminary valid data for 2018-2019 is 15 ppb. While the
available valid data from August 2018 to the present is not enough to
calculate a valid three-year design value to confirm that the NAAQS are
met, the available valid data indicates that ambient air concentrations
of SO2 at Pekin have substantially decreased to a level
below the 2010 SO2 NAAQS. This supports EPA's proposed
conclusion that the Pekin area is attaining the standard and is
eligible for redesignation.
Because the Pekin monitor cannot be used to fully demonstrate
attainment of the 2010 SO2 NAAQS until three years of valid
data have been gathered, Illinois' redesignation request for the Pekin
nonattainment area relied upon the demonstration of attainment based on
air dispersion modeling which Illinois submitted to EPA as part of its
March 2016 nonattainment SIP submittal. As noted in EPA's April 2014
Guidance, for a short-term (i.e., 1-hour) standard, the EPA believes
that dispersion modeling, using allowable emissions and addressing
stationary sources in the affected area (and in some cases, those
sources located outside the nonattainment area which may affect
attainment in the area) is technically appropriate, efficient and
effective in demonstrating attainment in nonattainment areas, because
it takes into consideration combinations of meteorological and emission
source operating conditions that can contribute to peak ground-level
concentrations of SO2.
Illinois' modeled demonstration of attainment for the Pekin area
was discussed in detail in EPA's proposed approval of the Pekin
SO2 nonattainment plan. See 82 FR 46438, October 5, 2017.
Illinois' analysis showed that revised SO2 emission limits
at three facilities in the Pekin nonattainment area, in addition to
statewide requirements for lower sulfur fuel oil, will provide for
attainment. The modeled demonstration included the three Pekin sources
at their revised SO2 emission limits and emissions from all
other major SO2 sources within 50 kilometers of the Pekin
nonattainment area, modeled at their maximum allowable SO2
emission rates. Illinois' analysis demonstrated that the Pekin area
will attain and maintain the 2010 SO2 NAAQS at the maximum
allowable emission level. The Pekin sources were required to comply
with their revised SIP emission limits by January 1, 2017. Illinois has
confirmed that they are in full compliance with their emission limits.
Current actual emissions at these facilities are therefore at or below
the emission rates which Illinois used in its modeling analysis. Since
the Pekin modeled attainment demonstration shows that compliance with
the emission limits in Illinois' plan even at maximum allowable
emissions yields attainment in the entire Pekin nonattainment area, and
since the sources are complying with these limits, Illinois' modeled
attainment demonstration supports EPA's proposed conclusion that the
Pekin area is currently attaining and will continue to attain the
SO2 NAAQS.
EPA proposes to conclude that, considered together, the modeling
and monitoring data currently available for the Pekin area are adequate
to address the redesignation requirement to demonstrate attainment of
the 2010 SO2 NAAQS, and that both the results of the modeled
attainment demonstration, based on current enforceable emission limits,
and the currently available valid monitoring data for Pekin indicate
that the Pekin area is attaining the 2010 SO2 NAAQS.
III. Approval of Illinois' SIPs
On February 1, 2018 (83 FR 4591), EPA approved Illinois'
nonattainment SIPs for the Lemont and Pekin nonattainment areas,
including emission limits which were demonstrated to provide for
attainment in both areas. In that action, EPA found that Illinois had
satisfied the requirements for providing for attainment of the
SO2 NAAQS in the Lemont and Pekin nonattainment area.
Illinois has adopted SO2 SIP regulations requiring emission
reductions for sources in the Lemont and Pekin nonattainment areas.
Illinois maintains an active enforcement program to ensure ongoing
compliance in both areas. Illinois' new source review/prevention of
significant deterioration program will address emissions from new
sources in both areas. Therefore, EPA proposes to conclude that this
redesignation criterion has been met by Illinois for both areas.
IV. Permanent and Enforceable Emission Reductions
For an area to be redesignated, the state must be able to
reasonably attribute the improvement in air quality to emission
reductions which are permanent and enforceable. In the Lemont
nonattainment area, Illinois applied revised emission limits to Owens
Corning Roofing & Asphalt in Summit, Ingredion Bedford Park in Bedford
Park, Oxbow Midwest Calcining in Lemont, the Midwest Generation Joliet
Generating Station in Joliet, and the Midwest Generation Will County
Generating Station in Romeoville. Total facility SO2
emissions in the Lemont nonattainment area have decreased by over 5,000
tons per year (tpy). In the Pekin nonattainment area, Illinois applied
revised emission limits to the Midwest Generation Powerton Station in
Pekin, the Illinois Power Holdings E.D. Edwards Power Plant in
Bartonville, and the Aventine Renewable Energy Resources ethanol
facility, now Pacific Ethanol Pekin, Inc., located in Pekin. Total
facility SO2 emissions in the Pekin nonattainment area were
reduced by over 21,000 tpy. These emission reductions have been made
permanent and enforceable by the limits that Illinois adopted into
Title 35, part 214 of the Illinois Administrative Code, which EPA
approved into the SIP. See 83 FR 4591, February 1, 2018. EPA has
approved Illinois' SO2 SIP rules, which makes them federally
enforceable.
Recent monitoring data indicate that ambient SO2 levels
have improved significantly in the Lemont and Pekin nonattainment
areas. At the time that the areas were designated nonattainment, the
2009-2011 monitored design value in the Lemont area was 98 ppb, and the
2009-2011 monitored design value at the Pekin monitor was 211 ppb.
After the new SIP emission limits came into effect in 2017, the
monitored SO2 design value for Lemont dropped to 8 ppb
(2016-2018), which is well below the SO2 NAAQS of 75 ppb.
The monitored SO2 values at the Pekin monitor also dropped
after the new SIP emission limits came into effect, to less than 20 ppb
in 2018 and 2019 (based on estimated 99th percentile annual maximum 1-
hour values from valid data; see discussion in III.b. above). EPA
proposes to find that the improvement in air quality in the
[[Page 10363]]
Lemont and Pekin nonattainment areas can be attributed to the permanent
and enforceable emission reductions in Illinois' approved nonattainment
SIPs.
V. Maintenance Plans
CAA section 175A sets forth the elements of a maintenance plan for
areas seeking redesignation from nonattainment to attainment. Under
section 175A, the plan must demonstrate continued attainment of the
applicable NAAQS for at least ten years after the nonattainment area is
redesignated to attainment. Eight years after the redesignation, the
state must submit a revised maintenance plan demonstrating that
attainment will continue to be maintained for the ten years following
the initial ten-year period. To address the possibility of future NAAQS
violations, the maintenance plan must contain contingency measures as
EPA deems necessary to assure prompt correction of any future one-hour
violations. Specifically, the maintenance plan should address five
requirements: The attainment emissions inventory, maintenance
demonstration, monitoring, verification of continued attainment, and a
contingency plan.
Illinois' May 24, 2019 redesignation request contains its
maintenance plans for Lemont and Pekin, which Illinois has committed to
review and update eight years after redesignation.
Illinois projected SO2 emissions for an interim future
year, 2023, and for the maintenance year, 2030, for both areas.
Illinois projected that total SO2 emissions in the Lemont
nonattainment area in the maintenance year would drop from 10,975 tpy
in 2014 to 824 tpy in 2030, considering both the SIP reductions and
projected future growth. Illinois projected that total SO2
emissions in the Pekin nonattainment area in the maintenance year would
drop from 32,331 tpy in 2014 to 10,588 tpy in 2030, considering both
the SIP reductions and projected future growth.
Illinois' maintenance demonstration consists of the nonattainment
SIP air quality analyses which demonstrated that the emission
reductions in effect in the Lemont and Pekin nonattainment areas will
provide for attainment of the SO2 NAAQS. The permanent and
enforceable SO2 emission limits in Illinois' SO2
SIP ensure that the SO2 emissions in the Lemont and Pekin
areas will be equal to or less than the emission levels which were
evaluated in the air quality analyses, and Illinois' enforcement
program will ensure that the Lemont and Pekin SO2 emission
limits are met continuously.
For continued verification, Illinois has committed to track the
SO2 emissions and compliance status of the facilities in the
Lemont and Pekin areas. The state commits to update its emissions
inventories as required by EPA. Illinois has also committed to continue
ambient SO2 monitoring at Lemont and Pekin to verify
attainment of the SO2 NAAQS.
The requirement to submit contingency measures in accordance with
CAA section 172(c)(9) can be adequately addressed for SO2 by
the operation of a comprehensive enforcement program which can quickly
identify and address sources that might be causing exceedances of the
NAAQS level. Illinois' enforcement program is active and capable of
prompt action to remedy compliance issues or NAAQS exceedances.
Illinois' redesignation request discusses the state's plan to respond
to increased SO2 emissions or ambient monitored
concentrations or new exceedances of the SO2 NAAQS in the
maintenance areas. Illinois commits to evaluate air quality and
emission trends, identify areas of concern, and take action as needed,
particularly if a violation is recorded, or an annual average 99th
percentile maximum daily one-hour SO2 concentration of 75
ppb or greater occurs, or if total SO2 emissions increase
more than five percent above the attainment year inventory. Illinois
has the authority to expeditiously adopt, implement and enforce any
subsequent emissions control measures deemed necessary to correct any
future SO2 violations. Illinois commits to adopt and
implement such corrective actions as necessary. The public will have
the opportunity to participate in the contingency measure
implementation process.
Based on the above, EPA proposes to find that Illinois has
addressed the contingency measure requirement for both areas. Further,
EPA proposes to find that Illinois' maintenance plans adequately
address the five basic components necessary to maintain the
SO2 NAAQS in the Lemont and Pekin nonattainment areas.
VI. Requirements for the Areas Under Section 110 and Part D
Illinois has submitted information demonstrating that it meets all
requirements of the CAA applicable to the Lemont and Pekin
nonattainment areas. EPA approved Illinois' infrastructure SIP for
SO2 on October 16, 2014 (79 FR 62042). This infrastructure
SIP approval confirms that Illinois's SIP meets the requirements of CAA
section 110(a)(1) and 110(a)(2) to contain the basic program elements,
such as an active enforcement program and permitting program. The
program elements addressed in the infrastructure SIP will be
implemented and enforced in the Lemont and Pekin areas.
Section 191 of the CAA requires Illinois to submit part D SIPs for
the Lemont and Pekin nonattainment areas by April 4, 2015. As discussed
earlier, Illinois submitted its part D SIPs for the two areas on March
2, 2016 and supplemented them on August 8, 2016 and May 4, 2017. The
SIPs each included a demonstration of attainment and revised
SO2 emission limits. EPA approved the Lemont and Pekin SIPs
on February 1, 2018 (83 FR 4591). In its rulemaking, EPA determined
that Illinois had satisfied the various requirements under CAA section
110 and part D for the Lemont and Pekin nonattainment areas, such as
the requirements for an attainment inventory of the SO2
emissions from sources in each nonattainment area (required under CAA
section 173(c)(3)), reasonably available control measures (required
under CAA section 173(c)(1)), and reasonable further progress (required
under CAA section 173(c)(2)).
Section 176(c) of the CAA requires states to establish criteria and
procedures to ensure that federally supported or funded projects
conform to the air quality planning goals in the applicable SIP. The
requirement to determine conformity applies to transportation plans,
programs, and projects that are developed, funded, or approved under
title 23 of the United States Code and the Federal Transit Act
(transportation conformity) as well as to all other federally supported
or funded projects (general conformity). State transportation
conformity SIP revisions must be consistent with Federal conformity
regulations relating to consultation, enforcement, and enforceability
that EPA promulgated pursuant to its authority under the CAA. EPA
approved Illinois' transportation conformity SIPs on December 23, 1997
(62 FR 67000). In April 2010, EPA promulgated changes to 40 CFR 51.851,
eliminating the requirement for states to maintain a general conformity
SIP. Illinois has met the applicable conformity requirements under CAA
section 176.
Based on the above, EPA is proposing to find that Illinois has
satisfied all requirements applicable to the Lemont and Pekin areas
under section 110 and part D of title I of the CAA.
VII. What action is EPA taking?
In accordance with Illinois' May 24, 2019 request, EPA is proposing
to
[[Page 10364]]
redesignate the Lemont and Pekin SO2 areas from
nonattainment to attainment of the SO2 NAAQS. Illinois has
demonstrated, among other things, that these areas are attaining the
SO2 NAAQS, and that the improvement in air quality is due to
permanent and enforceable SO2 emission reductions in the
nonattainment area. EPA is also proposing to approve Illinois'
maintenance plans, which are designed to ensure that the Lemont and
Pekin nonattainment areas will continue to maintain the SO2
NAAQS.
VIII. 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 SIP approvals are exempted 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 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),
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 ozone national ambient air quality
standards in tribal lands.
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 10, 2020.
Kurt A. Thiede,
Regional Administrator.
[FR Doc. 2020-03506 Filed 2-21-20; 8:45 am]
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