Air Plan Approval; Indiana; Redesignation of the Terre Haute Area to Attainment of the 2010 Sulfur Dioxide Standard, 32317-32320 [2019-14359]
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Federal Register / Vol. 84, No. 130 / Monday, July 8, 2019 / Rules and Regulations
31. In § 385.31, revise paragraphs (a)
through (c) to read as follows:
■
§ 385.31
Royalty rates.
(a) Promotional Offerings. For
Promotional Offerings of audio-only
Eligible Interactive Streaming and
Eligible Limited Downloads of sound
recordings embodying musical works
that the Sound Recording Company
authorizes royalty-free to the Service
Provider, the royalty rate is zero.
(b) Free Trial Offerings. For Free Trial
Offerings for which the Service Provider
receives no monetary consideration, the
royalty rate is zero.
(c) Certain Purchased Content Locker
Services. For every Purchased Content
Locker Service for which the Service
Provider receives no monetary
consideration, the royalty rate is zero.
*
*
*
*
*
Dated: June 10, 2019.
Jesse M. Feder,
Chief United States Copyright Royalty Judge.
Approved by:
Carla Hayden,
Librarian of Congress.
[FR Doc. 2019–13292 Filed 7–5–19; 8:45 am]
BILLING CODE 1410–72–P
POSTAL REGULATORY COMMISSION
39 CFR Part 3020
[Docket No. RM2019–3; Order No. 5140]
Mail Classification Schedule
Postal Regulatory Commission.
Final rule.
AGENCY:
ACTION:
The Commission adopts final
rules that require the Postal Service to
provide additional information when it
proposes updates to the size and weight
limitations applicable to market
dominant mail matter.
DATES: Effective: August 7, 2019.
ADDRESSES: For additional information,
Order No. 5140 can be accessed
electronically through the Commission’s
website at https://www.prc.gov.
FOR FURTHER INFORMATION CONTACT:
David A. Trissell, General Counsel, at
202–789–6820.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Table of Contents
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I. Background
II. Basis and Purpose of the Final Rule
On May 8, 2019, the Commission
proposed changes to 39 CFR 3020.111(a)
to include the requirement that the
Postal Service describe how a proposed
15:55 Jul 05, 2019
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II. Basis and Purpose of the Final Rule
The Commission initiated this
proceeding to evaluate whether changes
to Mail Classification Schedule
provisions that, in effect, add products
to, remove products from, or transfer
products between product lists are
changes that implicate the requirements
of 39 U.S.C. 3642. The Commission
sought comments from interested
parties on whether it should update its
regulations to require information
pursuant to section 3642 when changes
to the size and weight limitations
appear to modify the product lists.
After consideration of the comments
submitted, the Commission finds that
the amendments to 39 CFR 3020.111(a)
strike the appropriate balance between
requiring additional information to
adequately assess the potential effects of
a size and weight limitation change,
without being unduly burdensome to
the Postal Service. Moreover, the
Commission finds that the proposed
amendments are sufficient for the
Commission to analyze whether a
proposed size and weight limitation
change would involve unreasonable
price increases, unreasonable
discrimination, or any other material
harm to users and competitors.
Although both the Greeting Card
Association and the Association for
Postal Commerce expressed concern
regarding the scope of the rules and
possible impacts on volume, both
commenters noted that the Commission
could address those concerns via
proposed sections 3020.111(a)(2) and
(3). Accordingly, the Commission
adopts the revisions to 39 CFR
3020.111(a).
Final Rules
The Commission amends the rules for
updating size and weight limitations in
39 CFR part 3020.
List of Subjects for 39 CFR Part 3020
I. Background
VerDate Sep<11>2014
update to a size or weight limitation
would impact competitors and users of
the product(s). The Commission also
proposed a requirement that the Postal
Service explain how a size and weight
limitation change is in accordance with
the policies and applicable criteria of
chapter 36 of title 39 of the United
States Code. After consideration of the
comments submitted, the Commission
adopts final rules.
Administrative practice and
procedure, Postal Service.
For the reasons stated in the
preamble, the Commission amends
chapter III of title 39 of the Code of
Federal Regulations as follows:
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32317
PART 3020—PRODUCT LISTS
1. The authority citation for part 3020
continues to read as follows:
■
Authority: 39 U.S.C. 503, 3622, 3631, 3642,
3682.
2. Amend § 3020.111, by revising
paragraph (a) to read as follows:
■
§ 3020.111 Limitations applicable to
market dominant mail matter.
(a) The Postal Service shall inform the
Commission of updates to size and
weight limitations for market dominant
mail matter by filing notice with the
Commission 45 days prior to the
effective date of the proposed update.
The notice shall:
(1) Include a copy of the applicable
sections of the Mail Classification
Schedule and the proposed updates
therein in legislative format;
(2) Describe the likely impact that the
proposed update will have on users of
the product(s) and on competitors; and
(3) Describe how the proposed update
is in accordance with the policies and
the applicable criteria of chapter 36 of
title 39 of the United States Code.
*
*
*
*
*
By the Commission.
Ruth Ann Abrams,
Acting Secretary.
[FR Doc. 2019–14275 Filed 7–5–19; 8:45 am]
BILLING CODE 7710–FW–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R05–OAR–2018–0733; FRL–9996–11–
Region 5]
Air Plan Approval; Indiana;
Redesignation of the Terre Haute Area
to Attainment of the 2010 Sulfur
Dioxide Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
In accordance with the Clean
Air Act (CAA), the Environmental
Protection Agency (EPA) is
redesignating the Terre Haute, Indiana
area from nonattainment to attainment
for the 2010 sulfur dioxide (SO2)
National Ambient Air Quality Standard
(NAAQS). The area consists of Fayette
and Harrison Townships in Vigo
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
SUMMARY:
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redesignation request and maintenance
plan on May 3, 2019.
DATES: This final rule is effective on July
8, 2019.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2018–0733. 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.
FOR FURTHER INFORMATION CONTACT:
Samantha Panock, Environmental
Scientist, Attainment Planning and
Maintenance Section, Air Programs
Branch (AR18J), Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 353–8973,
panock.samantha@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
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I. Background
II. Public Comments
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. Background
On June 22, 2010 (75 FR 35520), EPA
published a revised primary SO2
NAAQS of 75 parts per billion (ppb),
which is met at a monitoring site when
the 3-year average of the annual 99th
percentile of daily maximum 1-hour
concentrations does not exceed 75 ppb.
This NAAQS was codified at 40 CFR
50.4. On July 25, 2013 (78 FR 47191),
EPA published its initial air quality
designations for the SO2 NAAQS based
upon air quality monitoring data for
calendar years 2009–2011. In that
action, the Terre Haute area, comprised
of Fayette and Harrison Townships, was
designated nonattainment for the SO2
NAAQS.
Indiana was required to submit an
attainment demonstration that meets the
requirements of sections 172(c) and
191–192 of the CAA and provide for
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15:55 Jul 05, 2019
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attainment of the SO2 NAAQS as
expeditiously as practicable, but no later
than October 4, 2018, which represents
five years after the area was originally
designated as nonattainment under the
2010 SO2 NAAQS. Indiana submitted its
attainment demonstration on October 2,
2015. EPA approved the Terre Haute
attainment demonstration on March 22,
2019 (84 FR 10692).
Under CAA section 107(d)(3)(E), there
are five criteria which must be met
before a nonattainment area may be
redesignated to attainment. The relevant
NAAQS must be attained in the area;
the applicable implementation plan
must be fully approved by EPA under
section 110(k); the improvement in air
quality must be determined to be due to
permanent and enforceable reductions
in emissions; the State must meet all
applicable requirements for the area
under section 110 and part D; and EPA
must fully approve a maintenance plan
and contingency plan for the area under
section 175A of the CAA. On May 3,
2019 (84 FR 19007), EPA proposed to
find that these five criteria have been
met for the Terre Haute nonattainment
area, and thus, EPA proposed to
redesignate Terre Haute from
nonattainment to attainment of the 2010
SO2 NAAQS.
II. Public Comments
EPA published its proposed approval
of the redesignation request and
maintenance plan on May 3, 2019 (84
FR 19007). The public comment period
for this proposal closed on June 3, 2019.
EPA received one supportive comment.
III. What action is EPA taking?
EPA is redesignating the Terre Haute
nonattainment area from nonattainment
to attainment of the 2010 SO2 NAAQS.
Indiana has demonstrated that the area
is attaining the SO2 standard, and that
the improvement in air quality is due to
permanent and enforceable SO2
emission reductions in the
nonattainment area. EPA is also
approving, as a revision to the Indiana
SIP, Indiana’s maintenance plan, which
is designed to ensure that the area will
continue to maintain the SO2 standard
through the year 2030.
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
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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. Today’s rule,
however, does not create any new
regulatory requirements such that
affected parties would need time to
prepare before the rule takes effect.
Rather, today’s 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 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
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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).
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 September 6, 2019. 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: June 20, 2019.
Cheryl L. Newton,
Acting Regional Administrator, Region 5.
40 CFR parts 52 and 81 are amended
as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. In § 52.770, the table in paragraph
(e) is amended by adding an entry for
‘‘Terre Haute 2010 Sulfur Dioxide (SO2)
maintenance plan’’ after the entry
‘‘Terre Haute Hydrocarbon Control
Strategy’’ to read as follows:
■
§ 52.1870
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED INDIANA NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Title
Indiana date
EPA approval
*
*
Terre Haute 2010 Sulfur Dioxide (SO2)
maintenance plan.
*
........................
*
*
7/8/2019, [insert Federal Register citation].
*
*
*
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
3. The authority citation for part 81
continues to read as follows:
■
*
Explanation
*
Authority: 42 U.S.C. 7401 et seq.
4. Section 81.315 is amended by
revising the entry ‘‘Terre Haute, IN’’ in
the table entitled ‘‘Indiana—2010 Sulfur
■
*
*
*
*
Dioxide NAAQS (Primary)’’ to read as
follows:
§ 81.315
*
*
Indiana.
*
*
*
INDIANA—2010 SULFUR DIOXIDE NAAQS
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[Primary]
Designation
Designated area 1 3
Date 2
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Type
32320
Federal Register / Vol. 84, No. 130 / Monday, July 8, 2019 / Rules and Regulations
INDIANA—2010 SULFUR DIOXIDE NAAQS—Continued
[Primary]
Designation
Designated area 1 3
Date 2
*
*
*
*
*
Terre Haute, IN ........................................................................................................................................................
Vigo County.
Fayette Township, Harrison Township.
*
*
*
*
*
*
7/8/2019
*
Type
*
Attainment.
*
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.
*
*
*
*
*
[FR Doc. 2019–14359 Filed 7–5–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2019–0096; FRL–9995–17]
Acetic Acid Ethenyl Ester, Polymer
With Ethene and Ethenol; Tolerance
Exemption
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes an
exemption from the requirement of a
tolerance for residues of acetic acid
ethenyl ester, polymer with ethene and
ethenol; when used as an inert
ingredient in a pesticide chemical
formulation. Keller and Heckman LLP.
on behalf of Kuraray American, Inc.
submitted a petition to EPA under the
Federal Food, Drug, and Cosmetic Act
(FFDCA), requesting an exemption from
the requirement of a tolerance. This
regulation eliminates the need to
establish a maximum permissible level
for residues of acetic acid ethenyl ester,
polymer with ethene and ethenol on
food or feed commodities.
DATES: This regulation is effective July
8, 2019. Objections and requests for
hearings must be received on or before
September 6, 2019, and must be filed in
accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
jbell on DSK3GLQ082PROD with RULES
SUMMARY:
The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2019–0096, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
ADDRESSES:
VerDate Sep<11>2014
15:55 Jul 05, 2019
Jkt 247001
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Michael Goodis, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460–0001; main telephone number:
(703) 305–7090; email address:
RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of 40 CFR part 180
through the Government Printing
PO 00000
Frm 00066
Fmt 4700
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Office’s e-CFR site at https://
www.ecfr.gov/cgi-bin/text-idx?
&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_
02.tpl.
C. Can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2019–0096 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing, and must be
received by the Hearing Clerk on or
before September 6, 2019. Addresses for
mail and hand delivery of objections
and hearing requests are provided in 40
CFR 178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing (excluding
any Confidential Business Information
(CBI)) for inclusion in the public docket.
Information not marked confidential
pursuant to 40 CFR part 2 may be
disclosed publicly by EPA without prior
notice. Submit the non-CBI copy of your
objection or hearing request, identified
by docket ID number EPA–HQ–OPP–
2019–0096, by one of the following
methods.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be CBI or
other information whose disclosure is
restricted by statute.
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
E:\FR\FM\08JYR1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 130 (Monday, July 8, 2019)]
[Rules and Regulations]
[Pages 32317-32320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14359]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2018-0733; FRL-9996-11-Region 5]
Air Plan Approval; Indiana; Redesignation of the Terre Haute Area
to Attainment of the 2010 Sulfur Dioxide Standard
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 Terre Haute, Indiana area
from nonattainment to attainment for the 2010 sulfur dioxide
(SO2) National Ambient Air Quality Standard (NAAQS). The
area consists of Fayette and Harrison Townships in Vigo 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
[[Page 32318]]
redesignation request and maintenance plan on May 3, 2019.
DATES: This final rule is effective on July 8, 2019.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2018-0733. 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.
FOR FURTHER INFORMATION CONTACT: Samantha Panock, Environmental
Scientist, Attainment Planning and Maintenance Section, Air Programs
Branch (AR18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 353-8973,
[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
II. Public Comments
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. Background
On June 22, 2010 (75 FR 35520), EPA published a revised primary
SO2 NAAQS of 75 parts per billion (ppb), which is met at a
monitoring site when the 3-year average of the annual 99th percentile
of daily maximum 1-hour concentrations does not exceed 75 ppb. This
NAAQS was codified at 40 CFR 50.4. On July 25, 2013 (78 FR 47191), EPA
published its initial air quality designations for the SO2
NAAQS based upon air quality monitoring data for calendar years 2009-
2011. In that action, the Terre Haute area, comprised of Fayette and
Harrison Townships, was designated nonattainment for the SO2
NAAQS.
Indiana was required to submit an attainment demonstration that
meets the requirements of sections 172(c) and 191-192 of the CAA and
provide for attainment of the SO2 NAAQS as expeditiously as
practicable, but no later than October 4, 2018, which represents five
years after the area was originally designated as nonattainment under
the 2010 SO2 NAAQS. Indiana submitted its attainment
demonstration on October 2, 2015. EPA approved the Terre Haute
attainment demonstration on March 22, 2019 (84 FR 10692).
Under CAA section 107(d)(3)(E), there are five criteria which must
be met before a nonattainment area may be redesignated to attainment.
The relevant NAAQS must be attained in the area; the applicable
implementation plan must be fully approved by EPA under section 110(k);
the improvement in air quality must be determined to be due to
permanent and enforceable reductions in emissions; the State must meet
all applicable requirements for the area under section 110 and part D;
and EPA must fully approve a maintenance plan and contingency plan for
the area under section 175A of the CAA. On May 3, 2019 (84 FR 19007),
EPA proposed to find that these five criteria have been met for the
Terre Haute nonattainment area, and thus, EPA proposed to redesignate
Terre Haute from nonattainment to attainment of the 2010 SO2
NAAQS.
II. Public Comments
EPA published its proposed approval of the redesignation request
and maintenance plan on May 3, 2019 (84 FR 19007). The public comment
period for this proposal closed on June 3, 2019. EPA received one
supportive comment.
III. What action is EPA taking?
EPA is redesignating the Terre Haute nonattainment area from
nonattainment to attainment of the 2010 SO2 NAAQS. Indiana
has demonstrated that the area is attaining the SO2
standard, and that the improvement in air quality is due to permanent
and enforceable SO2 emission reductions in the nonattainment
area. EPA is also approving, as a revision to the Indiana SIP,
Indiana's maintenance plan, which is designed to ensure that the area
will continue to maintain the SO2 standard through the year
2030.
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. Today's rule, however, does not create any new regulatory
requirements such that affected parties would need time to prepare
before the rule takes effect. Rather, today's 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 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
[[Page 32319]]
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).
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 September 6, 2019. 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: June 20, 2019.
Cheryl L. Newton,
Acting Regional Administrator, Region 5.
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 ``Terre Haute 2010 Sulfur Dioxide (SO2)
maintenance plan'' after the entry ``Terre Haute Hydrocarbon Control
Strategy'' to read as follows:
Sec. 52.1870 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Indiana Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Title Indiana date EPA approval Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Terre Haute 2010 Sulfur Dioxide (SO2) .............. 7/8/2019, [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 ``Terre Haute, 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
------------------------------------------------------------------------
[[Page 32320]]
* * * * * * *
Terre Haute, IN................. 7/8/2019 Attainment.
Vigo County.................
Fayette Township,
Harrison 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.
* * * * *
[FR Doc. 2019-14359 Filed 7-5-19; 8:45 am]
BILLING CODE 6560-50-P
