[Federal Register Volume 85, Number 135 (Tuesday, July 14, 2020)]
[Proposed Rules]
[Pages 42337-42341]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14689]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
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  Federal Register / Vol. 85, No. 135 / Tuesday, July 14, 2020 / 
Proposed Rules  

[[Page 42337]]



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2019-0590; FRL-10011-76-Region 5]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Clean Air Act (CAA), the Environmental 
Protection Agency (EPA) is proposing to redesignate the Morgan County 
nonattainment area, which consists of Clay and Washington Townships in 
Morgan County, IN, to attainment for the 2010 sulfur dioxide 
(SO2) National Ambient Air Quality Standards (NAAQS). EPA is 
also proposing to approve Indiana's maintenance plan for the Morgan 
County SO2 nonattainment area. Indiana submitted the request 
for approval of the Morgan County area's redesignation and maintenance 
plan on October 10, 2019, and a clarification letter on May 5, 2020. 
EPA has previously approved Indiana's attainment plan for Morgan 
County.

DATES: Comments must be received on or before August 13, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2019-0590 at http://www.regulations.gov or via email to 
compher.michael@epa.gov. 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: Anthony Maietta, Environmental 
Protection Specialist, Control Strategies Section, Air Programs Branch 
(AR-18J), U.S. Environmental Protection Agency, Region 5, 77 West 
Jackson Boulevard, Chicago, Illinois 60604, (312) 353-8777, 
maietta.anthony@epa.gov. The EPA Region 5 office 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.

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
III. Indiana's State Implementation Plan (SIP)
IV. Permanent and Enforceable Emission Reductions
V. Requirements for the Area Under Section 110 and Part D
VI. Maintenance Plan
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 
portions of the Morgan County area 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 Morgan County 
nonattainment area is comprised of Clay and Washington Townships. 
Indiana submitted a plan to provide for attainment of the 2010 
SO2 NAAQS on October 2, 2015, and supplemented it on June 7, 
2017, November 5, 2017, February 8, 2019, and February 12, 2019. EPA 
approved the Morgan County attainment plan on September 23, 2019 (84 FR 
49659). Indiana submitted its request to redesignate Morgan County on 
October 10, 2019. On May 5, 2020, the Indiana Department of 
Environmental Management (IDEM) sent a letter to EPA with clarifying 
information about the previously submitted monitoring data. More 
specifically, IDEM stated that the Eagle Valley--High Street monitor 
was no longer in operation as of June 12, 2019. IDEM noted that the 
monitor had been operated for the purposes of determining the impacts 
of the largest sources of SO2 emissions and subsequent 
attainment of the SO2 standard, and in assisting with the 
determination of the background concentration for purposes of modeled 
SO2 impacts in attainment and maintenance areas. IDEM 
provided further details about the hybrid monitoring and modeling 
approach it used, as permitted by EPA's April 23, 2014 guidance titled 
``Guidance for 1-Hour SO2 Nonattainment Area SIP 
Submissions''. The May 5, 2020 letter is included in the docket for 
this action.
    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).
    3. EPA has determined that improvement in air quality is due to 
permanent and enforceable reductions in emissions resulting from the 
SIP, Federal regulations, and other permanent and enforceable 
reductions.
    4. The State has met all applicable requirements for the area under 
section 110 and part D.
    5. EPA has fully approved a maintenance plan, including a 
contingency plan, for the area under section 175A of the CAA.

II. Determination of Attainment

    The first requirement for redesignation is to demonstrate that the 
NAAQS has been attained in the area. As stated in EPA's April 2014 
``Guidance for 1-Hour SO2

[[Page 42338]]

Nonattainment Area SIP Submissions,'' for SO2, there are two 
components needed to support an attainment determination: A review of 
representative air quality monitoring data, and a further analysis, 
generally requiring 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. Indiana has 
addressed both components.
    Under EPA regulations at 40 CFR 50.17, the SO2 NAAQS is 
met at an ambient air quality monitoring site when the three-year 
average of the annual 99th percentile of one-hour daily maximum 
concentrations is less than or equal to 75 ppb, as determined in 
accordance with appendix T of 40 CFR part 50 at all relevant monitoring 
sites in the subject area. The Morgan County nonattainment area had a 
single SO2 monitoring site (Eagle Valley--High Street; Site 
ID# 18-109-1001), located in Centerton (unincorporated) in southern 
Clay Township, Morgan County. EPA has reviewed the ambient air 
monitoring data for this site focusing on air quality data collected 
from 2012 through June 12, 2019. These data considered are complete, 
quality-assured, certified and recorded in EPA's Air Quality System 
database.
    Table 1 shows the 99th percentile results and three-year average 
design value for the Morgan County nonattainment area monitor for 2012-
2018. The 2016-2018 design value for Morgan County is 42 ppb, which is 
below the SO2 NAAQS. Therefore, Indiana has demonstrated 
that Morgan County's SO2 monitor shows attainment. As 
discussed above, the Eagle Valley--High Street monitor was shut down on 
June 12, 2019. However, using the partial year data from the Eagle 
Valley--High Street monitor for 2019, partial 2019 data from the 
monitor indicates that the area continues to attain the SO2 
NAAQS. As discussed further below, Indiana utilized an approach based 
on computer modeling which relied on allowable emissions to 
additionally characterize the attainment status of the SO2 
NAAQS and to provide for maintaining SO2 emissions in Morgan 
County below the SO2 NAAQS through 2030.

                                     Table 1--Monitoring Data for the Morgan County Nonattainment Area for 2012-2018
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                      Year and 99th percentile value  (ppb)
           Site ID                     Location        -------------------------------------------------------------------------------------------------
                                                            2012          2013          2014          2015          2016          2017          2018
--------------------------------------------------------------------------------------------------------------------------------------------------------
18-109-1001..................  AES/IPL-Eagle Valley/             82            64            90            56            23            47            55
                                CENT.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                            Three-year design value and 2019 partial-year monitor data (ppb)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2009-2011....................  2010-2012..............    2011-2013     2012-2014     2013-2015     2014-2016     2015-2017     2016-2018        2019 *
--------------------------------------------------------------------------------------------------------------------------------------------------------
100..........................  94.....................           81            79            70            56            42            42            48
--------------------------------------------------------------------------------------------------------------------------------------------------------
* 99th percentile value from data recorded by the monitor through June 12, 2019.

    Regarding the requirement for Indiana to demonstrate that the 
entire area is attaining the SO2 NAAQS, Indiana also 
referred to the dispersion modeling analysis which was submitted as 
part of its attainment plan for Morgan County. This analysis 
demonstrated that revised SO2 emission limits for the 
Hydraulic Press Brick facility located in Bethany (Clay Township) and 
concurrent permanent SO2 emission reductions resulting from 
permanent retirement of coal-fired units and replacement to natural 
gas-fired units at the Indianapolis Power and Light (IPL)--Eagle Valley 
Generating Station in Martinsville (Washington Township) would provide 
for attainment. Indiana has confirmed that the modeled facilities are 
currently in full compliance with their emission limits, so that 
current actual emissions are at or below the levels Indiana used in its 
modeling analysis. The modeling analysis was discussed in detail in the 
July 8, 2019 (84 FR 32672) notice of proposed rulemaking for the Morgan 
County SO2 attainment SIP. As previously noted, EPA approved 
the Morgan County attainment plan on September 23, 2019 (84 FR 49659). 
EPA proposes to find that this modeling analysis and the monitored air 
quality data demonstrate that the Morgan County area has attained the 
2010 SO2 NAAQS.

III. Indiana's State Implemenation Plan (SIP)

    EPA's approval of Indiana's attainment SIP for Morgan County 
included revised emission limits for two emission sources in Morgan 
County. In that action, EPA found that Indiana had satisfied 
requirements for providing for attainment of the SO2 NAAQS 
in Morgan County. Indiana has adopted its SO2 SIP 
regulations, including those which cover Morgan County, at Indiana 
Administrative Code Title 326, Rule 7-4-11.1 (326 IAC 7-4-11.1, 
entitled ``Morgan County sulfur dioxide emission limitations), 326 IAC 
7-1.1-3 (``Compliance date''), and 326 IAC 7-2-1 (``Reporting 
requirements; methods to determine compliance''). Indiana has shown 
that it maintains an active enforcement program to ensure ongoing 
compliance. Indiana's new source review/prevention of significant 
deterioration program will address emissions from new sources.

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. The IPL--Eagle Valley 
Generating Station in Morgan County permanently shut down its coal-
fired boilers in 2016 and has switched its boiler operations to natural 
gas. The coal-fired boiler retirement provided a decrease of 10,875 
tons per year (tpy) of SO2 from 2011 actual emissions. The 
Indiana SIP requirement for IPL--Eagle Valley Generating Station to 
solely burn natural gas is located at 326 IAC 7-4-11.1 ``Morgan County 
sulfur dioxide emission limitations'' and was approved by EPA on 
September 23, 2019 (84 FR 49659).
    Indiana has also established operational limits for the Hydraulic 
Press Brick facility to reduce the amount of SO2 emitted. 
The operational limits include a ``do not operate condition'' for Kiln 
3. In addition, Hydraulic Press Brick is required to operate a sorbent 
injection system to achieve a 50 percent control or 2.5 pounds of 
SO2 per million British Thermal Units in Kilns 4 and 5. In 
2018, these measures resulted in a 343 tpy decrease of SO2 
from 2011 actual emissions. EPA approved these new limits into 
Indiana's SIP on September 23, 2019 (84 FR 49659), which renders the 
limits federally enforceable. Indiana has confirmed that

[[Page 42339]]

Hydraulic Press Brick is currently complying with the limits.
    As shown in Table 1, the monitored design value in Morgan County at 
the time of its nonattainment designation was 100 ppb. Subsequent 
monitoring data in Morgan County indicate that ambient SO2 
levels improved after the IPL--Eagle Valley Generating Station's fuel 
switch from coal to natural gas and the imposition of enforceable 
limits at Hydraulic Press Brick. The most current valid design value 
for Morgan County at the time of Indiana's submittal (2016-2018) is 42 
ppb. Reviewing the partial year data collected in 2019 before the High 
Street--Eagle Valley monitor was shut down on June 12, 2019, the 99th 
percentile value of 48 ppb recorded by the monitor remained below the 
NAAQS. EPA proposes to find that the improvement in air quality in 
Morgan County can be attributed to permanent and enforceable emission 
reductions at the IPL--Eagle Valley Generating Station and Hydraulic 
Press Brick facilities.

V. Requirements for the Area Under Section 110 and Part D

    Indiana has submitted information demonstrating that it meets the 
requirements of the CAA for the Morgan County nonattainment area. EPA 
approved Indiana's infrastructure SIP for SO2 on August 14, 
2015 (80 FR 48733). This infrastructure SIP approval confirms that 
Indiana'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.
    Section 191 of the CAA requires Indiana to submit a part D SIP for 
the Morgan County nonattainment area by April 4, 2015. Indiana 
submitted its part D SIP on October 2, 2015 and supplemented it on June 
7, 2017, November 15, 2017, February 8, 2019, and on February 12, 2019. 
The SIP included a demonstration of attainment and the emissions limits 
for IPL--Eagle Valley Generating Station and operational controls and 
limits for Hydraulic Press Brick. EPA approved the Morgan County 
attainment plan on September 23, 2019 (84 FR 49659). In that 
rulemaking, EPA concluded that Indiana had satisfied the various 
requirements under CAA section 110 and part D for the Morgan County 
SO2 nonattainment area. For example, EPA concluded that 
Indiana satisfied requirements for an attainment inventory of the 
SO2 emissions from sources in the nonattainment area 
(required under section 173(c)(3)), reasonably available control 
measures (required under section 173(c)(1)), and reasonable further 
progress (required under section 173(c)(2)).
    Indiana chose 2011 for its base year emissions inventory, as 
comprehensive emissions data was available and updated that year, which 
satisfies the 172(c)(3) requirements. Two facilities (IPL--Eagle Valley 
Generating Station and Hydraulic Press Brick) were the main sources, 
Electrical Generating Unit (EGU) and contributing non-EGU, in the 
nonattainment area.
    Table 2 compares SO2 emissions for EGU and contributing 
non-EGU sources for 2015 (the attainment year identified by Indiana), 
2016 (an attainment year as well as the year that all coal-fired 
operations ceased at IPL--Eagle Valley Generating Station and is 
therefore representative of the allowable emissions-based attainment 
inventory supplied by Indiana), 2018 (the most recent certified 
attainment year), and the maintenance year of 2030. It should be noted 
that for the 2015 attainment year inventory of EGU and contributing 
non-EGU sources, Hydraulic Press Brick reports to Indiana on a three-
year cycle. As a result, its actual emissions from 2010 are listed in 
the 2011 base year inventory, and its 2016 actual emissions are listed 
in the 2015 attainment year inventory. By providing actual emissions 
from the two main SO2 sources from a time period when the 
area was not meeting the SO2 NAAQS, and for times when the 
area was attaining the NAAQS (both before and after the complete 
cessation of all coal-fired units at IPL--Eagle Valley Generating 
Station and the use of a sorbent injection system to achieve a 50% 
SO2 emission reduction at Hydraulic Press Brick to comply 
with the permanent and enforceable limits on these facilities), Indiana 
demonstrates a 99.94% reduction in actual SO2 emissions. 
Indiana's submittal shows that actual 2018 EGU and contributing non-EGU 
SO2 emissions in Morgan County were 0.06% of the actual 
emissions in 2011. With the addition of allowable emissions-based 
attainment and maintenance inventories provided, Indiana shows that 
attainment of the SO2 NAAQS was achieved through permanent 
and enforceable actions on EGU and contributing non-EGU sources. 
Indiana also shows that modeled allowable operational-based limits on 
the remaining contributing SO2 source mean that the area is 
expected to maintain attainment of the SO2 NAAQS.

                              Table 2--Actual and Allowable EGU and Contributing Non-EGU Point Sources in Morgan County, IN
                                                                     [Tons per year]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             2015
                                                              2011        attainment   2011-2015       2016         2018      2011-2018        2030
         Affected source             Type of reduction    nonattainment      year        change     attainment    (actual)      change      maintenance
                                                          year (actual)    (actual)     (actual)   (allowable)                 (actual)     (allowable)
--------------------------------------------------------------------------------------------------------------------------------------------------------
IPL--Eagle Valley................  Emission Limit/Unit           10,875        2,756        -8119            0            0      -10,875               0
                                    Retirement and Fuel
                                    Switch.
Hydraulic Press Brick............  Sorbent Injection                350           15         -335        2,628            7         -343           2,628
                                    (50% SO2 Reduction).
                                                        ------------------------------------------------------------------------------------------------
    Total........................  ....................          11,225        2,771       -8,454        2,628            7      -11,218           2,628
--------------------------------------------------------------------------------------------------------------------------------------------------------

    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 (U.S.C.) 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. On June 
4, 2010, Indiana submitted documentation establishing transportation 
conformity procedures in its SIP. EPA approved these procedures on 
August 17, 2010 (75 FR 50708). EPA is proposing to find that Indiana 
has satisfied the applicable

[[Page 42340]]

requirements for the redesignation of the Morgan County nonattainment 
area under section 110 and part D of title I of the CAA.

VI. Maintenance Plan

    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. Indiana's October 10, 2019 redesignation request and 
May 5, 2020 clarification letter contains its maintenance plan, which 
Indiana has committed to review eight years after redesignation.
    In its October 2, 2015 and November 15, 2017 submittals, Indiana 
provided an attainment emission inventory which addresses the 2011 base 
year emissions of 11,225 tpy for EGU and non-EGU contributing sources. 
In their October 10, 2019 redesignation request, Indiana chose 2015 as 
an attainment year in order to demonstrate actual emissions reductions 
that have occurred in an attaining year and because 2015 was one of the 
years contributing to the 2013-2015, 2014-2016, and 2015-2017 design 
values which demonstrate attainment of the SO2 NAAQS. In the 
same request Indiana chose 2016 as a year to demonstrate an allowable 
emissions-based inventory for EGU and non-EGU contributing sources, 
because in 2016 all coal-fired units ceased operation at IPL--Eagle 
Valley Generating Station, and 2016 was one of the years contributing 
to the 2014-2016, 2015-2017, and 2016-2018 design values which 
demonstrate Morgan County's attainment of the SO2 NAAQS. The 
2015 attainment year inventory included actual reductions due to the 
(at the time, ongoing) retirement of coal-fired units at IPL--Eagle 
Valley Generating Station. Total SO2 emissions in Morgan 
County for the attainment year were 2,771 tpy. Indiana's 2016 allowable 
emissions-based attainment inventory includes the complete retirement 
of all coal-fired units at IPL--Eagle Valley Generating Station, as 
well as the modeled allowable SO2 emissions from Hydraulic 
Press Brick that would result in attainment of the SO2 
NAAQS. Total allowable SO2 emissions in Indiana's 2016 
attainment inventory are 2,628 tpy, all allowable from Hydraulic Press 
Brick. Indiana provided the same allowable emissions-based emissions 
for the maintenance year, 2030.
    Indiana projected that total allowable SO2 emissions in 
Morgan County in the applicable years could be up to 2,628 tpy from 
Hydraulic Press Brick. Indiana also demonstrated a 75.3% reduction in 
actual emissions between 2011 and 2015 (the year before the complete 
cessation of coal-fired activity at IPL--Eagle Valley Generating 
Station), and a 99.94% reduction in actual emissions between 2011 and 
2018. This large reduction in actual emissions since the 2011 base year 
is expected to be sufficient to maintain the SO2 NAAQS in 
Morgan County.
    Indiana's maintenance demonstration consists of the nonattainment 
SIP air quality analysis showing that the emission reductions now in 
effect in Morgan County will provide for attainment of the 
SO2 NAAQS. The permanent and enforceable SO2 
emission reductions described above ensure that Morgan County emissions 
will be equal to or less than the emission levels which were evaluated 
in the air quality analysis, and Indiana's enforceable emission 
requirements will ensure that the Morgan County SO2 emission 
limits are met continuously.
    For continuing verification, Indiana has committed to track the 
emissions and compliance status of the major facilities in Morgan 
County so that future emissions will not exceed the allowable 
emissions-based 2016 attainment inventory. All major sources in Indiana 
are required to submit annual emissions data, which the State uses to 
update its emission inventories as required by the CAA.
    The requirement to submit contingency measures in accordance with 
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. Indiana's enforcement program is active and capable of 
prompt action to remedy compliance issues. In particular, Indiana's 
October 10, 2019 redesignation request and May 5, 2020 clarification 
letter discusses its two-tiered plan to respond to reported emissions 
that would cause modeled exceedances of the SO2 NAAQS in the 
maintenance area. Indiana commits to study SO2 emission 
trends and identify areas of concern and potential additional measures 
and if necessary, Indiana will consider additional control measures 
which can be implemented quickly. Indiana has the authority to 
expeditiously adopt, implement and enforce any subsequent emissions 
control measures deemed necessary to correct any future SO2 
violations. Indiana commits to adopt and implement such corrective 
actions as necessary to address trends of increasing emissions or 
modeled ambient impacts. The public will have the opportunity to 
participate in the contingency measure implementation process. EPA 
proposes to find that Indiana has addressed the contingency measure 
requirement. Further, EPA proposes to find that Indiana's maintenance 
plan adequately addresses the five basic components necessary to 
maintain the SO2 NAAQS in the Morgan County nonattainment 
area.

VII. What action is EPA taking?

    In accordance with Indiana's October 10, 2019 request and May 5, 
2020 clarification letter, EPA is proposing to redesignate the Morgan 
County nonattainment area from nonattainment to attainment of the 2010 
SO2 NAAQS. 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 nonattainment area. EPA is also proposing to approve 
Indiana's maintenance plan, which is designed to ensure that the area 
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.

[[Page 42341]]

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

    Dated: July 1, 2020.
Kurt Thiede,
Regional Administrator, Region 5.
[FR Doc. 2020-14689 Filed 7-13-20; 8:45 am]
BILLING CODE 6560-50-P


