Designation of Areas for Air Quality Planning Purposes; Indiana; Redesignation of the Southwest Indiana Sulfur Dioxide Nonattainment Area, 12107-12109 [2021-04195]
Download as PDF
Federal Register / Vol. 86, No. 39 / Tuesday, March 2, 2021 / Rules and Regulations
notification or September 30, 2019,
whichever occurs first.
*
*
*
*
*
[FR Doc. 2021–04108 Filed 3–1–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R05–OAR–2018–0732; FRL–10020–
70–Region 5]
Designation of Areas for Air Quality
Planning Purposes; Indiana;
Redesignation of the Southwest
Indiana Sulfur Dioxide Nonattainment
Area
In accordance with the Clean
Air Act (CAA), the Environmental
Protection Agency (EPA) is
redesignating the Southwest Indiana
nonattainment area, which consists of a
portion of Daviess County and a portion
of Pike County (Veale Township in
Daviess County and Washington
Township in Pike County), to
attainment for the 2010 primary, healthbased 1-hour sulfur dioxide (SO2)
National Ambient Air Quality Standard
(NAAQS). EPA is also approving
Indiana’s maintenance plan for the
Southwest Indiana SO2 nonattainment
area. Indiana submitted the request for
approval of the Southwest Indiana
nonattainment area’s redesignation and
maintenance plan on October 24, 2018,
and supplemental information on
August 25, 2020. EPA has previously
approved Indiana’s attainment plan for
the Southwest Indiana area.
DATES: This final rule is effective on
April 30, 2021.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2018–0732. 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,
jbell on DSKJLSW7X2PROD with RULES
VerDate Sep<11>2014
16:15 Mar 01, 2021
Jkt 253001
SUPPLEMENTARY INFORMATION:
I. Background Information
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY:
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 Abigail
Teener, Environmental Engineer, at
(312) 353–7314 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Abigail Teener, Environmental
Engineer, Attainment Planning and
Maintenance Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 353–7314, teener.abigail@
epa.gov.
On October 29, 2020, EPA proposed
to approve the redesignation of the
Southwest Indiana SO2 nonattainment
area to attainment of the 2010 primary,
health-based 1-hour SO2 NAAQS and to
approve Indiana’s maintenance plan for
the nonattainment area (85 FR 68533).
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 this proposed rule
ended on November 30, 2020. EPA
received no comments on the proposal.
II. Final Action
In accordance with Indiana’s October
24, 2018 request and August 25, 2020
supplemental letter, EPA is
redesignating the Southwest Indiana
nonattainment area from nonattainment
to attainment of the 2010 SO2 NAAQS.
EPA finds that 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 area. EPA is
also approving Indiana’s maintenance
plan, which is designed to ensure that
the area will continue to maintain the
SO2 NAAQS.
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
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
12107
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 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
E:\FR\FM\02MRR1.SGM
02MRR1
12108
Federal Register / Vol. 86, No. 39 / Tuesday, March 2, 2021 / Rules and Regulations
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 May 3, 2021. 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).)
Dated: February 22, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.
List of Subjects
2. In § 52.770, the table in paragraph
(e) is amended by adding an entry for
‘‘Southwest Indiana 2010 Sulfur
Dioxide (SO2) Maintenance Plan’’
following the entry ‘‘Southwest Indiana
2010 Sulfur Dioxide (SO2) Attainment
Plan’’ to read as follows:
For the reasons stated in the
preamble, EPA amends 40 CFR parts 52
and 81 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.
■
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements, Sulfur oxides.
§ 52.770
40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED INDIANA NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Title
Indiana date
*
*
Southwest Indiana Sulfur Dioxide
(SO2) Maintenance Plan.
*
*
*
*
Explanation
*
*
*
10/24/2018, 8/25/2020 .................. 3/2/2021, [INSERT FEDERAL
REGISTER CITATION].
*
*
EPA approval
*
*
*
Authority: 42 U.S.C. 7401 et seq.
*
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
3. The authority citation for part 81
continues to read as follows:
■
§ 81.315
4. Section 81.315 is amended in the
table entitled ‘‘Indiana—2010 Sulfur
Dioxide NAAQS [Primary]’’ by revising
the entry for ‘‘Southwest Indiana, IN’’ to
read as follows:
■
*
*
*
*
*
*
Indiana.
*
*
*
INDIANA—2010 SULFUR DIOXIDE NAAQS
[Primary]
Designation
Designated area 1
jbell on DSKJLSW7X2PROD with RULES
Date 2
*
*
*
*
Southwest Indiana, IN ..................................................................................................
Daviess County (part)
Veale Township
Pike County (part)
Washington Township
*
*
*
*
*
4/30/2021
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.
VerDate Sep<11>2014
16:15 Mar 01, 2021
Jkt 253001
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
E:\FR\FM\02MRR1.SGM
02MRR1
Federal Register / Vol. 86, No. 39 / Tuesday, March 2, 2021 / Rules and Regulations
*
*
*
*
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. 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.
*
[FR Doc. 2021–04195 Filed 3–1–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R06–OAR–2020–0315; FRL–10019–
25–Region 6]
Approval and Promulgation of State
Air Quality Plans for Designated
Facilities and Pollutants; Arkansas,
Louisiana, New Mexico, and
Albuquerque-Bernalillo County, New
Mexico; Control of Emissions From
Existing Hospital/Medical/Infectious
Waste Incinerator Units
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is notifying the public that we have
received CAA section 111(d)/129
negative declarations from Arkansas,
Louisiana, New Mexico, and
Albuquerque-Bernalillo County, New
Mexico, for existing Hospital/Medical/
Infectious Waste Incinerator (HMIWI)
units. These negative declarations
certify that HMIWI subject to the
requirements of sections 111(d) and 129
of the CAA do not exist within the
jurisdictions of Arkansas, Louisiana,
New Mexico, and AlbuquerqueBernalillo County. The EPA is accepting
the negative declarations and amending
the agency’s regulations in accordance
with the requirements of the CAA.
DATES: This rule is effective on April 1,
2021.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2020–0315. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet. Publicly available docket
materials are available electronically
through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Karolina Ruan Lei, EPA Region 6 Office,
Air and Radiation Division—State
Planning and Implementation Branch,
1201 Elm Street, Suite 500, Dallas, TX
75270, (214) 665–7346, ruanlei.karolina@epa.gov. Out of an
jbell on DSKJLSW7X2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:15 Mar 01, 2021
Jkt 253001
I. Background
The background for this action is
discussed in detail in our July 10, 2020,
proposal (85 FR 41484). In that
document we proposed to accept the
HMIWI negative declarations from the
Arkansas Department of Environmental
Quality (ADEQ), Louisiana Department
of Environmental Quality (LDEQ),
Oklahoma Department of Environmental
Quality (ODEQ), New Mexico
Environment Department (NMED), and
City of Albuquerque Environmental
Health Department (AEHD), and to
amend the Code of Federal Regulations
(CFR) in accordance with the
requirements of the CAA. In this
rulemaking, we are only taking final
action on the HMIWI negative
declaration letters from Arkansas,
Louisiana, New Mexico, and
Albuquerque-Bernalillo County, New
Mexico, and amending the CFR
accordingly. We will take final action on
the HMIWI negative declaration
submitted by ODEQ for Oklahoma in a
future, separate rulemaking.
II. Response to Comments
We received two comments on our
proposal. We have determined that one
comment has no relevance to the subject
of this rulemaking and no further
response is required. The other
comment recommended that a state plan
with the more stringent controls and
results in the cleanest air should be
adopted. As explained in our proposal,
the negative declarations received
reflect the absence of any sources
subject to the standards of performance
in the HMIWI Emission Guidelines,
codified at 40 CFR part 60, subpart Ce,
and therefore a plan is not required. If
any sources within the stated
jurisdictions are later identified as
subject to the requirements of 40 CFR
part 60, subpart Ce, then such sources
would be subject to the federal plan and
the associated compliance schedule,
unless and until the EPA approves a
state plan for those sources.
III. Final Action
The EPA is amending 40 CFR part 62
to reflect receipt of the negative
declaration letters from ADEQ, LDEQ,
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
12109
NMED and AEHD certifying that there
are no existing HMIWI subject to 40 CFR
part 60, subpart Ce, in their respective
jurisdictions in accordance with 40 CFR
60.23(b), 40 CFR 62.06, and sections
111(d) and 129 of the CAA. If a
designated facility (i.e., existing HMIWI)
is later found within the aforementioned
jurisdictions after publication of a final
action, then the overlooked facility will
become subject to the requirements of
the federal plan for that designated
facility, including the compliance
schedule. The federal plan will no
longer apply if we subsequently receive
and approve the section 111(d)/129 plan
from the jurisdiction with the
overlooked facility.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a CAA section
111(d)/129 submission that complies
with the provisions of the Act and
applicable Federal regulations. 42
U.S.C. 7411(d); 42 U.S.C. 7429; 40 CFR
part 60, subparts B and Ce; and 40 CFR
part 62, subpart A. With regard to
negative declarations for designated
facilities received by the EPA from
states, the EPA’s role is to notify the
public of the receipt of such negative
declarations and revise 40 CFR part 62
accordingly. 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);
• 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
E:\FR\FM\02MRR1.SGM
02MRR1
Agencies
[Federal Register Volume 86, Number 39 (Tuesday, March 2, 2021)]
[Rules and Regulations]
[Pages 12107-12109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04195]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2018-0732; FRL-10020-70-Region 5]
Designation of Areas for Air Quality Planning Purposes; Indiana;
Redesignation of the Southwest Indiana 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 Southwest Indiana
nonattainment area, which consists of a portion of Daviess County and a
portion of Pike County (Veale Township in Daviess County and Washington
Township in Pike County), to attainment for the 2010 primary, health-
based 1-hour sulfur dioxide (SO2) National Ambient Air
Quality Standard (NAAQS). EPA is also approving Indiana's maintenance
plan for the Southwest Indiana SO2 nonattainment area.
Indiana submitted the request for approval of the Southwest Indiana
nonattainment area's redesignation and maintenance plan on October 24,
2018, and supplemental information on August 25, 2020. EPA has
previously approved Indiana's attainment plan for the Southwest Indiana
area.
DATES: This final rule is effective on April 30, 2021.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2018-0732. 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 Abigail
Teener, Environmental Engineer, at (312) 353-7314 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT: Abigail Teener, Environmental
Engineer, Attainment Planning and Maintenance Section, Air Programs
Branch (AR-18J), U.S. Environmental Protection Agency, Region 5, 77
West Jackson Boulevard, Chicago, Illinois 60604, (312) 353-7314,
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background Information
On October 29, 2020, EPA proposed to approve the redesignation of
the Southwest Indiana SO2 nonattainment area to attainment
of the 2010 primary, health-based 1-hour SO2 NAAQS and to
approve Indiana's maintenance plan for the nonattainment area (85 FR
68533). 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 this proposed rule ended on November 30,
2020. EPA received no comments on the proposal.
II. Final Action
In accordance with Indiana's October 24, 2018 request and August
25, 2020 supplemental letter, EPA is redesignating the Southwest
Indiana nonattainment area from nonattainment to attainment of the 2010
SO2 NAAQS. EPA finds that 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 area. EPA is also approving
Indiana's maintenance plan, which is designed to ensure that the area
will continue to maintain the SO2 NAAQS.
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 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
[[Page 12108]]
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 May 3, 2021. 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: February 22, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.
For the reasons stated in the preamble, 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 ``Southwest Indiana 2010 Sulfur Dioxide (SO2)
Maintenance Plan'' following the entry ``Southwest Indiana 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
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Southwest Indiana Sulfur Dioxide 10/24/2018, 8/25/2020.. 3/2/2021, [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 in the table entitled ``Indiana--2010
Sulfur Dioxide NAAQS [Primary]'' by revising the entry for ``Southwest
Indiana, IN'' to read as follows:
Sec. 81.315 Indiana.
* * * * *
Indiana--2010 Sulfur Dioxide NAAQS
[Primary]
------------------------------------------------------------------------
Designation
Designated area \1\ -------------------------------------
Date \2\ Type
------------------------------------------------------------------------
* * * * * * *
Southwest Indiana, IN............. 4/30/2021 Attainment.
Daviess County (part)
Veale Township
Pike County (part)
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.
[[Page 12109]]
* * * * *
[FR Doc. 2021-04195 Filed 3-1-21; 8:45 am]
BILLING CODE 6560-50-P