Air Plan Approval; Designation of Areas for Air Quality Planning Purposes; Indiana; Redesignation of the Morgan County Sulfur Dioxide Nonattainment Area, 57736-57739 [2020-19159]
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determined that the Los Angeles-South
Coast Air Basin Serious PM2.5
nonattainment area failed to attain the
2006 24-hour PM2.5 NAAQS by the
applicable attainment date of December
31, 2019. This determination triggers the
requirements of CAA sections 179(d)
and 189(d) for the State of California to
submit a revision to the California SIP
for the Los Angeles-South Coast Air
Basin to the EPA by December 31, 2020.
The SIP revision must, among other
elements, demonstrate expeditious
attainment of the 2006 24-hour PM2.5
NAAQS within the time period
provided under CAA section 179(d) and
that provides for annual reduction in
the emissions of direct PM2.5 or a PM2.5
plan precursor pollutant within the area
of not less than five percent until
attainment.
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
3. The authority citation for part 81
continues to read as follows:
■
Subpart C—Section 107 Attainment
Status Designations
4. In § 81.305 amend the table entitled
‘‘California—2006 24-Hour PM2.5
NAAQS [Primary and Secondary]’’
under the heading ‘‘Los Angeles-South
Coast Air Basin, CA’’ by revising the
entry for ‘‘That part of the lands of the
Santa Rosa Band of Cahuilla Mission
Indians which is excluded from the
Riverside County (part) nonattainment
area’’ to read as follows:
■
§ 81.305
Authority: 42 U.S.C. 7401 et seq.
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California.
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CALIFORNIA—24-HOUR 2006 PM2.5 NAAQS
[Primary and Secondary]
Designation a
Classification
Designated area
Date 1
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Los Angeles-South Coast Air Basin, CA:
*
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*
That part of the lands of the Santa Rosa Band of Cahuilla Mission Indians which is excluded from the Riverside County
(part) nonattainment area.
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a
1
2
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...........................
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Unclassifiable/
Attainment.
*
Date 2
Type
*
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Includes Indian County located in each county or area, except as otherwise specified.
This date is 30 days after November 13, 2009, unless otherwise noted.
This date is July 2, 2014, unless otherwise noted.
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[FR Doc. 2020–19588 Filed 9–15–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R05–OAR–2019–0590; FRL–10014–
25–Region 5]
Air Plan Approval; Designation of
Areas for Air Quality Planning
Purposes; Indiana; Redesignation of
the Morgan County Sulfur Dioxide
Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
In accordance with the Clean
Air Act (CAA), the Environmental
Protection Agency (EPA) is
redesignating the Morgan County
nonattainment area, which consists of
Clay and Washington Townships in
Morgan County, Indiana, to attainment
for the 2010 sulfur dioxide (SO2)
National Ambient Air Quality Standards
(NAAQS). EPA is also approving
SUMMARY:
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Type
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Indiana’s maintenance plan for the
Morgan County SO2 nonattainment area.
Indiana submitted the request for
approval of the Morgan County area
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.
EPA proposed to approve this action on
July 14, 2020 and received no
comments.
DATES: This final rule is effective on
September 16, 2020.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2019–0590. 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
PO 00000
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Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays and
facility closures due to COVID 19. We
recommend that you telephone Anthony
Maietta, Environmental Protection
Specialist, at (312) 353–8777 before
visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Anthony Maietta, Environmental
Protection Specialist, Control Strategies
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–8777,
maietta.anthony@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
I. Background Information
On July 14, 2020, EPA proposed to
approve the redesignation of the Morgan
County SO2 nonattainment area to
attainment of the 2010 SO2 NAAQS and
to approve Indiana’s maintenance plan
for the nonattainment area (85 FR
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42337). An explanation of the CAA
requirements, a detailed analysis of the
revisions, and EPA’s reasons for
proposing approval were provided in
the notice of proposed rulemaking and
will not be restated here. The public
comment period for the proposed action
ended on August 13, 2020. EPA
received no comments on the proposal.
II. Final Action
EPA is redesignating the Morgan
County nonattainment area 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
approving Indiana’s maintenance plan,
which is designed to ensure that the
area will continue to maintain the 2010
SO2 NAAQS.
In accordance with 5 U.S.C. 553(d) of
the Administrative Procedure Act
(APA), EPA finds there is good cause for
these actions to become effective
immediately upon publication. The
immediate effective date for this action
is authorized under both 5 U.S.C.
553(d)(1) and U.S.C. 553(d)(3).
Section 553(d)(1) of the APA provides
that final rules shall not become
effective until 30 days after publication
in the Federal Register ‘‘except . . . a
substantive rule which grants or
recognizes an exemption or relieves a
restriction.’’ The purpose of this
provision is to ‘‘give affected parties a
reasonable time to adjust their behavior
before the final rule takes effect.’’
Omnipoint Corp. v. Fed. Commc’n
Comm’n, 78 F.3d 620, 630 (D.C. Cir.
1996); see also United States v.
Gavrilovic, 551 F.2d 1099, 1104 (8th Cir.
1977) (quoting legislative history).
However, when the agency grants or
recognizes an exemption or relieves a
restriction, affected parties do not need
a reasonable time to adjust because the
effect is not adverse. EPA has
determined that this rule relieves a
restriction because this rule relieves
sources in the area of Nonattainment
New Source Review (NNSR) permitting
requirements; instead, upon the
effective date of this action, sources will
be subject to less restrictive Prevention
of Significant Deterioration (PSD)
permitting requirements.
Section 553(d)(3) of the APA provides
that final rules shall not become
effective until 30 days after publication
in the Federal Register ‘‘except . . . as
otherwise provided by the agency for
good cause.’’ The purpose of this
provision is to ‘‘give affected parties a
reasonable time to adjust their behavior
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before the final rule takes effect.’’
Omnipoint Corp. v. Fed. Commc’n
Comm’n, 78 F.3d 620, 630 (D.C. Cir.
1996); see also United States v.
Gavrilovic, 551 F.2d 1099, 1104 (8th Cir.
1977) (quoting legislative history). Thus,
in determining whether good cause
exists to waive the 30-day delay, an
agency should ‘‘balance the necessity
for immediate implementation against
principles of fundamental fairness
which require that all affected persons
be afforded a reasonable amount of time
to prepare for the effective date of its
ruling.’’ Gavrilovic, 551 F.2d at 1105.
EPA has determined that there is good
cause for making this final rule effective
immediately because this rule does not
create any new regulatory requirements
such that affected parties would need
time to prepare before the rule takes
effect. On balance, EPA finds affected
parties would benefit from the
immediate ability to comply with PSD
requirements, instead of delaying by 30
days the transition from NNSR to PSD.
For these reasons, EPA finds good
cause under both 5 U.S.C. 553(d)(1) and
U.S.C. 553(d)(3) for these actions to
become effective on the date of
publication of these actions.
III. Statutory and Executive Order
Reviews
Under the CAA, redesignation of an
area to attainment and the
accompanying approval of a
maintenance plan under section
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);
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• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because it is not a significant
regulatory action under Executive Order
12866;
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
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 SO2 national ambient air quality
standards in tribal lands.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
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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 November 16, 2020. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements, Sulfur oxides.
40 CFR Part 81
Environmental protection, Air
pollution control, National parks, Sulfur
oxides, Wilderness areas.
Dated: August 26, 2020.
Kurt Thiede,
Regional Administrator, Region 5.
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
‘‘Morgan County 2010 Sulfur Dioxide
(SO2) Maintenance Plan’’ following the
entry ‘‘Morgan County 2010 Sulfur
Dioxide (SO2) Attainment Plan’’ to read
as follows:
■
§ 52.770
*
Identification of plan.
*
*
(e) * * *
*
*
For the reasons stated in the
preamble, the EPA amends 40 CFR parts
52 and 81 as follows:
EPA—APPROVED INDIANA NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Title
Indiana date
*
*
Morgan County 2010 Sulfur Dioxide
(SO2) Maintenance Plan.
*
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10/10/2019, 5/5/2020
*
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*
EPA approval
*
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9/16/2020, [Insert Federal Register
citation].
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Authority: 42 U.S.C. 7401 et seq.
*
§ 81.315
4. Section 81.315 is amended by
revising the entry ‘‘Morgan County, IN’’
in the table entitled ‘‘Indiana—2010
Sulfur Dioxide NAAQS [Primary]’’ to
read as follows:
■
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
3. The authority citation for part 81
continues to read as follows:
■
Explanation
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Indiana.
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INDIANA—2010 SULFUR DIOXIDE NAAQS
[Primary]
Designation
Designated area1 3
Date 2
Type
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Morgan County, IN ................................................................................. September 16, 2020 ......................
Morgan County (part) ...................................................................... ........................................................
Clay Township, Washington Township .................................... ........................................................
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Attainment.
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1 Includes
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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.
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[FR Doc. 2020–19159 Filed 9–15–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 60, 61, and 63
[EPA–R06–OAR–2019–0615; FRL–10013–
04–Region 6]
New Source Performance Standards
and National Emission Standards for
Hazardous Air Pollutants; Delegation
of Authority to Albuquerque-Bernalillo
County Air Quality Control Board
Environmental Protection
Agency (EPA).
ACTION: Direct final rule; delegation of
authority.
AGENCY:
The Albuquerque-Bernalillo
County Air Quality Control Board
(ABCAQCB) has submitted updated
regulations for receiving delegation and
approval of a program for the
implementation and enforcement of
certain New Source Performance
Standards (NSPS) and National
Emission Standards for Hazardous Air
Pollutants (NESHAP) for all sources
(both Title V and non-Title V sources).
These updated regulations apply to
certain NSPS promulgated by the EPA,
as amended between September 14,
2013, and January 23, 2017; certain
NESHAP promulgated by the EPA, as
amended between September 14, 2013,
and January 23, 2017; and other
NESHAP promulgated by the EPA, as
amended between September 14, 2013,
and January 23, 2017, as adopted by the
ABCAQCB. The EPA is providing notice
that it is updating the delegation of
certain NSPS to ABCAQCB and taking
final action to approve the delegation of
certain NESHAP to ABCAQCB. The
delegation of authority under this action
does not apply to sources located in
areas defined as Indian Country.
DATES: This rule is effective on
December 15, 2020 without further
notice, unless the EPA receives relevant
adverse comment by October 16, 2020.
If the EPA receives such comment, the
EPA will publish a timely withdrawal in
the Federal Register informing the
public that the updated NESHAP
delegation will not take effect; however,
the NSPS delegation will not be affected
by such action.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R06–
OAR–2019–0615, at https://
www.regulations.gov or via email to
barrett.richard@epa.gov. Follow the
online instructions for submitting
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SUMMARY:
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comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. The 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. The 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 Rick Barrett, (214) 665–7227;
email: barrett.richard@epa.gov. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
Docket: The index to the docket for
this action is available electronically at
www.regulations.gov. While all
documents in the docket are listed in
the index, some information may not be
publicly available due to docket file size
restrictions or content (e.g., copyrighted
material or CBI).
FOR FURTHER INFORMATION CONTACT: Mr.
Rick Barrett, EPA Region 6 Office, Air
Permits Section, 214–665–7227; email:
barrett.richard@epa.gov. Out of an
abundance of caution for members of
the public and our staff, the EPA Region
6 office will be closed to the public to
reduce the risk of transmitting COVID–
19. We encourage the public to submit
comments via https://
www.regulations.gov, as there will be a
delay in processing mail and no courier
or hand deliveries will be accepted.
Please call or email the contact listed
above if you need alternative access to
material indexed but not provided in
the docket.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
Table of Contents
I. What does this action do?
II. What is the authority for delegation?
III. What criteria must ABCAQCB’s programs
meet to be approved?
IV. How did ABCAQCB meet the NSPS and
NESHAP program approval criteria?
V. What is being delegated?
VI. What is not being delegated?
VII. How will statutory and regulatory
interpretations be made?
VIII. What authority does the EPA have?
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57739
IX. What information must ABCAQCB
provide to the EPA?
X. What is the EPA’s oversight role?
XI. Should sources submit notices to the EPA
or ABCAQCB?
XII. How will unchanged authorities be
delegated to ABCAQCB in the future?
XIII. Final Action
XIV. Statutory and Executive Order Reviews
I. What does this action do?
The EPA is providing notice that it is
updating the delegation for the
implementation and enforcement of
certain NSPS. The EPA is also taking
direct final action to approve the
delegation of certain NESHAP to
ABCAQCB. With this delegation,
ABCAQCB has the primary
responsibility to implement and enforce
the delegated standards. See sections VII
and VIII, below, for a discussion of
which standards are being delegated
and which are not being delegated.
II. What is the authority for delegation?
Upon the EPA’s finding that the
procedures submitted by a state or local
agency for the implementation and
enforcement of standards of
performance for new sources located in
the state or local agency are adequate,
Section 111(c)(1) of the Clean Air Act
(CAA) authorizes the EPA to delegate its
authority to implement and enforce
such standards. The NSPS are codified
at 40 CFR part 60.
Section 112(l) of the CAA and 40 CFR
part 63, subpart E, authorize the EPA to
delegate authority for the
implementation and enforcement of
NESHAP to a state or local agency that
satisfies the statutory and regulatory
requirements in subpart E. The NESHAP
are codified at 40 CFR parts 61 and 63.
III. What criteria must ABCAQCB’s
programs meet to be approved?
In order to receive delegation of
NSPS, a state must develop and submit
to the EPA a procedure for
implementing and enforcing the NSPS
in the state, or in the local agency’s
jurisdiction as discussed above, and
their regulations and resources must be
adequate for the implementation and
enforcement of the NSPS. The EPA
initially approved ABCAQCB’s program
for the delegation of NSPS on December
20, 1989 (54 FR 52031). The EPA
reviewed the rules and regulations of
the ABCAQCB and determined
ABCAQCB’s procedures, regulations
and resources adequate for the
implementation and enforcement of the
Federal standards. The NSPS delegation
was most recently updated on February
19, 2015 (80 FR 8799). This action
notifies the public that the EPA is
updating ABCAQCB’s delegation to
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]]>Agencies
[Federal Register Volume 85, Number 180 (Wednesday, September 16, 2020)]
[Rules and Regulations]
[Pages 57736-57739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19159]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2019-0590; FRL-10014-25-Region 5]
Air Plan Approval; Designation of Areas for Air Quality Planning
Purposes; Indiana; Redesignation of the Morgan County Sulfur Dioxide
Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Clean Air Act (CAA), the Environmental
Protection Agency (EPA) is redesignating the Morgan County
nonattainment area, which consists of Clay and Washington Townships in
Morgan County, Indiana, to attainment for the 2010 sulfur dioxide
(SO2) National Ambient Air Quality Standards (NAAQS). EPA is
also approving Indiana's maintenance plan for the Morgan County
SO2 nonattainment area. Indiana submitted the request for
approval of the Morgan County area 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. EPA
proposed to approve this action on July 14, 2020 and received no
comments.
DATES: This final rule is effective on September 16, 2020.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2019-0590. All documents in the docket are listed on
the www.regulations.gov website. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
through www.regulations.gov or at the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays and facility
closures due to COVID 19. We recommend that you telephone Anthony
Maietta, Environmental Protection Specialist, at (312) 353-8777 before
visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Anthony Maietta, Environmental
Protection Specialist, Control Strategies Section, Air Programs Branch
(AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 353-8777,
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background Information
On July 14, 2020, EPA proposed to approve the redesignation of the
Morgan County SO2 nonattainment area to attainment of the
2010 SO2 NAAQS and to approve Indiana's maintenance plan for
the nonattainment area (85 FR
[[Page 57737]]
42337). An explanation of the CAA requirements, a detailed analysis of
the revisions, and EPA's reasons for proposing approval were provided
in the notice of proposed rulemaking and will not be restated here. The
public comment period for the proposed action ended on August 13, 2020.
EPA received no comments on the proposal.
II. Final Action
EPA is redesignating the Morgan County nonattainment area 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 approving Indiana's maintenance plan, which is designed to ensure
that the area will continue to maintain the 2010 SO2 NAAQS.
In accordance with 5 U.S.C. 553(d) of the Administrative Procedure
Act (APA), EPA finds there is good cause for these actions to become
effective immediately upon publication. The immediate effective date
for this action is authorized under both 5 U.S.C. 553(d)(1) and U.S.C.
553(d)(3).
Section 553(d)(1) of the APA provides that final rules shall not
become effective until 30 days after publication in the Federal
Register ``except . . . a substantive rule which grants or recognizes
an exemption or relieves a restriction.'' The purpose of this provision
is to ``give affected parties a reasonable time to adjust their
behavior before the final rule takes effect.'' Omnipoint Corp. v. Fed.
Commc'n Comm'n, 78 F.3d 620, 630 (D.C. Cir. 1996); see also United
States v. Gavrilovic, 551 F.2d 1099, 1104 (8th Cir. 1977) (quoting
legislative history). However, when the agency grants or recognizes an
exemption or relieves a restriction, affected parties do not need a
reasonable time to adjust because the effect is not adverse. EPA has
determined that this rule relieves a restriction because this rule
relieves sources in the area of Nonattainment New Source Review (NNSR)
permitting requirements; instead, upon the effective date of this
action, sources will be subject to less restrictive Prevention of
Significant Deterioration (PSD) permitting requirements.
Section 553(d)(3) of the APA provides that final rules shall not
become effective until 30 days after publication in the Federal
Register ``except . . . as otherwise provided by the agency for good
cause.'' The purpose of this provision is to ``give affected parties a
reasonable time to adjust their behavior before the final rule takes
effect.'' Omnipoint Corp. v. Fed. Commc'n Comm'n, 78 F.3d 620, 630
(D.C. Cir. 1996); see also United States v. Gavrilovic, 551 F.2d 1099,
1104 (8th Cir. 1977) (quoting legislative history). Thus, in
determining whether good cause exists to waive the 30-day delay, an
agency should ``balance the necessity for immediate implementation
against principles of fundamental fairness which require that all
affected persons be afforded a reasonable amount of time to prepare for
the effective date of its ruling.'' Gavrilovic, 551 F.2d at 1105. EPA
has determined that there is good cause for making this final rule
effective immediately because this rule does not create any new
regulatory requirements such that affected parties would need time to
prepare before the rule takes effect. On balance, EPA finds affected
parties would benefit from the immediate ability to comply with PSD
requirements, instead of delaying by 30 days the transition from NNSR
to PSD.
For these reasons, EPA finds good cause under both 5 U.S.C.
553(d)(1) and U.S.C. 553(d)(3) for these actions to become effective on
the date of publication of these actions.
III. Statutory and Executive Order Reviews
Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 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 it is not a significant regulatory
action under Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; 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 SO2 national ambient
air quality standards in tribal lands.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must
[[Page 57738]]
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 November 16, 2020. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur oxides.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Sulfur oxides, Wilderness areas.
Dated: August 26, 2020.
Kurt Thiede,
Regional Administrator, Region 5.
For the reasons stated in the preamble, the EPA amends 40 CFR parts
52 and 81 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 ``Morgan County 2010 Sulfur Dioxide (SO2)
Maintenance Plan'' following the entry ``Morgan County 2010 Sulfur
Dioxide (SO2) Attainment Plan'' to read as follows:
Sec. 52.770 Identification of plan.
* * * * *
(e) * * *
EPA--Approved Indiana Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Title Indiana date EPA approval Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Morgan County 2010 Sulfur Dioxide 10/10/2019, 5/5/2020 9/16/2020, [Insert ......................
(SO2) Maintenance Plan. Federal 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 ``Morgan County,
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 area1 3 ---------------------------------------
Date \2\ Type
------------------------------------------------------------------------
* * * * * * *
Morgan County, IN............... September 16, 2020 Attainment.
Morgan County (part)........ .................. ..................
Clay Township, .................. ..................
Washington Township.
* * * * * * *
------------------------------------------------------------------------
\1\ Includes any Indian country in each county or area, unless otherwise
specified. EPA is not determining the boundaries of any area of Indian
country in this table, including any area of Indian country located in
the larger designation area. The inclusion of any Indian country in
the designation area is not a determination that the state has
regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is April 9, 2018, unless otherwise noted.
\3\ Porter County will be designated by December 31, 2020.
[[Page 57739]]
* * * * *
[FR Doc. 2020-19159 Filed 9-15-20; 8:45 am]
BILLING CODE 6560-50-P
