[Federal Register Volume 84, Number 183 (Friday, September 20, 2019)]
[Proposed Rules]
[Pages 49492-49497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20196]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2019-0394; FRL-9999-96-Region 5]
Designation of Areas for Air Quality Planning Purposes; Ohio;
Redesignation of the Ohio Portion of the Steubenville Sulfur Dioxide
Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: In accordance with the Clean Air Act (CAA), the Environmental
Protection Agency (EPA) is proposing to redesignate the Ohio portion of
the Steubenville Ohio-West Virginia interstate sulfur dioxide
(SO2) nonattainment area (Steubenville nonattainment area)
from nonattainment to attainment. EPA is also proposing to approve
Ohio's maintenance plan. Emissions of SO2 in the area have
been reduced and the air quality in the nonattainment area is currently
well below the SO2 national ambient air quality standard
(NAAQS).
DATES: Comments must be received on or before October 21, 2019.
[[Page 49493]]
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2019-0394 at http://www.regulations.gov or via email to
[email protected]. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the For Further Information Contact section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit http://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Mary Portanova, Environmental
Engineer, Control Strategies Section, Air Programs Branch (AR18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353-5954, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. Background and Redesignation Requirements
II. Relationship Between This Rulemaking and the Nonattainment Plan
Rulemaking
III. Determination of Attainment
IV. Approval of Ohio's SIP
V. Permanent and Enforceable Emission Reductions
VI. Requirements for the Area Under Section 110 and Part D
VII. Maintenance Plan
VIII. What action is EPA taking?
IX. Statutory and Executive Order Reviews
I. Background and Redesignation Requirements
In 2010, EPA established a revised primary SO2 NAAQS of
75 parts per billion (ppb) (75 FR 35520, June 22, 2010). EPA designated
the Steubenville nonattainment area as nonattainment for the 2010
SO2 NAAQS on August 5, 2013 (78 FR 47191), based upon air
quality monitoring data for calendar years 2009-2011. The Steubenville
nonattainment area is comprised of a portion of Jefferson County, Ohio
and a portion of Brooke County, West Virginia. The Ohio portion of the
nonattainment area includes Cross Creek Township, Steubenville
Township, Warren Township, Wells Township, and Steubenville City in
Jefferson County. The West Virginia portion of the nonattainment area
is the Cross Creek Tax District in Brooke County.
Ohio and West Virginia were required to prepare nonattainment State
Implementation Plans (SIPs) that would provide for attainment of the
SO2 NAAQS in the Steubenville nonattainment area by the
SO2 attainment date of October 4, 2018. The plans must also
meet the additional requirements of sections 172(c) and 191-192 of the
CAA. Ohio submitted its nonattainment SIP on April 3, 2015, and
supplemented it on October 13, 2015, March 13, 2017, March 25, 2019,
and June 25, 2019. EPA proposed to approve the nonattainment plans from
Ohio and West Virginia on June 24, 2019 (84 FR 29456). Ohio submitted
its request to redesignate the Ohio portion of the Steubenville
nonattainment area on June 25, 2019.
Under CAA section 107(d)(3)(E), five criteria must be met before a
nonattainment area may be redesignated to attainment. Although the
Steubenville nonattainment area includes portions in two states,
today's action only proposes to redesignate the Ohio portion of this
area.
The following identifies the interpretation EPA is applying as to
the extent to which these criteria must be met in the full two-state
area or only in Ohio. EPA anticipates a separate redesignation request
from West Virginia, addressing the West Virginia portion of the area,
which EPA anticipates evaluating using similar criteria. The criteria
are that:
1. EPA has determined that the relevant NAAQS has been attained in
the area. In this rulemaking, EPA is evaluating whether the entire two-
state area is attaining the SO2 NAAQS.
2. The applicable implementation plan has been fully approved by
EPA under section 110(k). In this rulemaking, EPA is evaluating
redesignation for the Ohio portion of the area on the basis of whether
Ohio's applicable implementation plan has been fully approved.
3. EPA has determined that improvement in air quality is due to
permanent and enforceable reductions in emissions resulting from the
SIP, Federal regulations, and other permanent and enforceable
reductions. In this rulemaking, EPA is evaluating this criterion on a
two-state area-wide basis.
4. EPA has determined that the state has met all applicable
requirements for the area under section 110 and part D. In this
rulemaking, EPA is evaluating redesignation for the Ohio portion of the
area on the basis of whether Ohio has met all applicable requirements.
5. EPA has fully approved a maintenance plan, including a
contingency plan, for the area under section 175A of the CAA. In this
rulemaking, EPA is evaluating whether Ohio's maintenance plan provides
for its share of actions to assure maintenance in the two-state area.
II. Relationship Between This Rulemaking and the Nonattainment Plan
Rulemaking
Some of the criteria for today's proposed redesignation are met by
elements of the Ohio and West Virginia nonattainment plans. In
particular, part of the evidence that the area is attaining the
SO2 NAAQS is based on modeling included in the two states'
nonattainment plans; the limits that assure the permanence and
enforceability of the air quality improvement in the area were
submitted as part of the nonattainment plans; and EPA's evaluations of
whether the applicable Ohio implementation plan is fully approved and
whether Ohio has met the applicable planning requirements are
predicated on completion of the proposed rulemaking on Ohio's
nonattainment plan.
As noted above, EPA proposed to approve the Ohio and West Virginia
nonattainment plans on June 24, 2019, at 84 FR 29456. Today's
rulemaking does not reevaluate any portion of that rulemaking. Thus,
for example, today's rulemaking does not solicit any additional
comments on the modeling in the two states' nonattainment plans, on the
adequacy of the limits in those plans for assuring attainment, or
generally on whether those plans warrant being approved. Comments on
these topics are germane to the nonattainment plan rulemaking and were
solicited in that rulemaking. EPA received no such comments, and EPA is
addressing these topics in the context of that rulemaking. EPA's
proposed rulemaking on Ohio's redesignation request is based on a
premise that EPA will issue final rulemaking approving
[[Page 49494]]
the Ohio and West Virginia plans, as proposed on June 24, 2019. EPA
will finalize this proposed redesignation of the Ohio portion of the
Steubenville nonattainment area only if and only after EPA has
published final approval of the Ohio and West Virginia nonattainment
plans.
III. Determination of Attainment
The first requirement for redesignation is to demonstrate that the
NAAQS has been attained in the area. As stated in EPA's April 2014
``Guidance for 1-Hour SO2 Nonattainment Area SIP
Submissions,'' for SO2, there are two components needed to
support an attainment determination: A review of representative air
quality monitoring data and a further analysis, generally requiring air
quality modeling, to demonstrate that the entire area is attaining the
applicable NAAQS, based on current actual emissions or the fully
implemented control strategy. Ohio has addressed both components.
Under EPA regulations at 40 CFR 50.17, the SO2 NAAQS is
met at an ambient air quality monitoring site when the three-year
average of the annual 99th percentile of one-hour daily maximum
concentrations is less than or equal to 75 ppb, as determined in
accordance with appendix T of 40 CFR part 50 at all relevant monitoring
sites in the subject area. EPA has reviewed the ambient air monitoring
data for the Steubenville nonattainment area. Monitoring data for the
area includes three SO2 monitoring sites in Jefferson
County, Ohio and three SO2 monitoring sites in Brooke
County, West Virginia. The data from these monitors have been certified
and recorded in EPA's Air Quality System database. Ohio and West
Virginia have committed to continue monitoring for SO2 at
these locations. EPA's review addresses air quality data collected
through 2018, which includes the most recent three years of complete,
quality-assured data.
Table 1 shows the 99th percentile results and three-year average
design values for the Steubenville nonattainment area monitors for
2016-2018, which are the most recent three years of complete, quality-
assured data. The overall 2016-2018 design value for the Steubenville
nonattainment area is 37 ppb, which is below the 2010 SO2
NAAQS of 75 ppb. This design value, which was measured at the Weirton-
Marland Heights monitor 54-009-0011, in Brooke County, West Virginia,
represents the highest monitored design value in the Steubenville
nonattainment area. Therefore, Ohio has demonstrated that the
Steubenville nonattainment area's SO2 monitors currently
show attainment of the 2010 SO2 NAAQS. For every 3-year
period since the 2013-2015 design value period, all six monitors have
had design values below the 2010 SO2 NAAQS. Preliminary
monitoring data for 2019 indicate that the area is continuing to attain
the 2010 SO2 NAAQS.
Table 1--Monitoring Data for the Steubenville nonattainment Area for 2016-2018
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Year and 99th percentile value (ppb) Design value:
------------------------------------------------ average 2016-
Site ID Location 2018 (ppb)
2016 2017 2018
----------------------------------------------------------------------------------------------------------------
39-081-0017................... Jefferson 27 18 34 26
County, OH.
39-081-0018................... Jefferson 31 34 9 25
County, OH.
39-081-0020................... Jefferson 20 13 8 14
County, OH.
54-009-0005................... Brooke County, 33 28 48 36
WV.
54-009-0007................... Brooke County, 39 23 24 29
WV.
54-009-0011................... Brooke County, 49 27 35 37
WV.
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The states also submitted an analysis demonstrating that the area's
control strategy will provide for attainment of the SO2
NAAQS in the entire area. Ohio and West Virginia developed a joint
attainment demonstration using a dispersion modeling analysis. Ohio
provided this attainment demonstration in its March 25, 2019 submittal.
The March 25, 2019 analysis showed that revised SO2 emission
limits at four SO2 sources in the Steubenville nonattainment
area will provide for attainment. Ohio has confirmed that the modeled
facilities are currently in full compliance with their emission limits.
Current actual emissions at these facilities are therefore at or below
the levels Ohio used in its modeling analysis. The modeling analysis
was discussed in detail in the June 24, 2019 (84 FR 29456) notice of
proposed rulemaking for the Steubenville SO2 nonattainment
SIPs. Since this modeling shows that compliance with the emission
limits in the states' plans yields attainment in the entire
nonattainment area, and since the sources are complying with these
limits, this modeling supports EPA's proposed conclusion that the two-
state area is attaining the SO2 NAAQS. EPA's proposed
conclusion is based on the premise that EPA will issue final rulemaking
approving the Ohio and West Virginia plans, including the associated
modeling analysis, as proposed on June 24, 2019.
IV. Approval of Ohio's SIP
On June 24, 2019, EPA proposed to approve Ohio's nonattainment SIP
for Jefferson County, including emission limits which were demonstrated
to provide for attainment in Jefferson County. In that action, EPA also
proposed to find that Ohio had satisfied requirements for providing for
attainment of the SO2 NAAQS in the Steubenville
nonattainment area. Ohio has adopted its SO2 SIP
regulations, including those which cover Jefferson County, at Ohio
Administrative Code 3745-18, and Ohio has shown that it maintains an
active enforcement program to ensure ongoing compliance. Ohio's new
source review/prevention of significant deterioration program will
address emissions from new sources. Therefore, EPA proposes to conclude
that this redesignation criterion has been met by Ohio. EPA's proposed
conclusion is based on the premise that EPA will issue final rulemaking
approving Ohio's plan and emission limits as proposed on June 24, 2019.
V. Permanent and Enforceable Emission Reductions
For an area to be redesignated, the state must be able to
reasonably attribute the improvement in air quality to emission
reductions which are permanent and enforceable. The primary sources in
the Steubenville nonattainment area are the Cardinal Power Plant
(Cardinal), located in Brilliant, Ohio; the JSW Steel USA Ohio
facility, formerly Wheeling-Pittsburgh Steel, formerly Mingo Junction
Steel Works (JSW Steel), in Mingo Junction,
[[Page 49495]]
Ohio; the Mingo Junction Energy Center, also in Mingo Junction, Ohio;
and Mountain State Carbon, in Follansbee, West Virginia.
These facilities have all significantly reduced emissions since the
time the area was monitoring violations, and these emission reductions
have been made permanent and enforceable by the limits that Ohio and
West Virginia adopted and submitted in their respective SIP submittals.
Cardinal implemented flue gas desulfurization (FGD) between 2010 and
2012, resulting in a reduction of SO2 emissions from 32,500
tons in 2010 to 9,700 tons in 2018, a reduction that Ohio's limit
requires to be maintained. The JSW Steel facility has been closed for
several years. Ohio considered its previous allowable emissions in
developing revised emission limits for the facility which would still
provide for attainment in the Steubenville nonattainment area. In 2018,
JSW Steel began to resume some operations, but Ohio's revised emission
limits require that SO2 emissions from this facility must
remain at levels which were set to provide for attainment and
maintenance of the SO2 NAAQS. Mingo Junction Energy Center
has also shut down, but Ohio considered that facility's previous
allowable emissions in developing revised emission limits and fuel
restrictions for the facility which would still provide for attainment.
If the Mingo Junction Energy Center restarts, it must meet Ohio's
revised emission limits which were set to provide for attainment and
maintenance of the SO2 NAAQS. Mountain State Carbon has
improved its coke oven gas desulfurization equipment to reduce its
emissions, as mandated by West Virginia's emission limits and work
practice requirements.
At the time of Steubenville's nonattainment designation, the
monitored design values (2009-2011) in the area were 109 ppb at the
Jefferson County monitor 39-081-0017 and 174 ppb at the Brooke County,
West Virginia monitor 54-009-0011. More recent monitoring data indicate
that ambient SO2 levels have improved significantly. The
highest monitored design value for the Steubenville nonattainment area
for 2016-2018 is 37 ppb. This value was measured at monitor 54-009-0011
in Brooke County, West Virginia. The highest monitored design value for
2016-2018 in the Ohio portion of the Steubenville nonattainment area
was 26 ppb, at the Jefferson County monitor 39-081-0017. These
monitored values are well below the SO2 NAAQS of 75 ppb.
This air quality improvement is attributable to the substantial
emission reductions noted above, which the Ohio and West Virginia
nonattainment plans require to be permanent and enforceable. Thus, EPA
proposes to find that the improvement in air quality in the
Steubenville nonattainment area can be attributed to permanent and
enforceable emission reductions at facilities in Ohio and West
Virginia.
VI. Requirements for the Area Under Section 110 and Part D
Ohio has submitted information demonstrating that it meets the
requirements of the CAA for the Steubenville nonattainment area. EPA
approved Ohio's June 7, 2013 infrastructure SIP for SO2 on
August 14, 2015 (80 FR 48733). This infrastructure SIP approval
confirms that Ohio's SIP meets the requirements of CAA section
110(a)(1) and 110(a)(2) to contain the basic program elements, such as
an active enforcement program and permitting program.
Section 191 of the CAA requires Ohio to submit a part D SIP for the
its portion of the Steubenville nonattainment area by April 4, 2015.
Ohio submitted its part D SIP on April 3, 2015, and supplemented it on
October 13, 2015, March 13, 2017, March 25, 2019, and June 25, 2019.
The SIP included a demonstration of attainment and revised
SO2 emission limits. EPA proposed to approve the
Steubenville nonattainment area SO2 nonattainment plans from
Ohio and West Virginia on June 24, 2019 (84 FR 29456). In its proposed
rulemaking, EPA proposed to find that Ohio satisfied the various
requirements under CAA section 110 and part D for the Steubenville
nonattainment area, such as the requirements for an attainment
inventory of the SO2 emissions from sources in the
nonattainment area (required under section 173(c)(3)), reasonably
available control measures (required under section 173(c)(1)), and
reasonable further progress (required under section 173(c)(2)).
Section 176(c) of the CAA requires states to establish criteria and
procedures to ensure that federally supported or funded projects
conform to the air quality planning goals in the applicable SIP. The
requirement to determine conformity applies to transportation plans,
programs, and projects that are developed, funded, or approved under
title 23 of the United States Code and the Federal Transit Act
(transportation conformity) as well as to all other federally supported
or funded projects (general conformity). State transportation
conformity SIP revisions must be consistent with Federal conformity
regulations relating to consultation, enforcement, and enforceability
that EPA promulgated pursuant to its authority under the CAA. On August
20, 2014, Ohio submitted documentation establishing transportation
conformity procedures in its SIP. EPA approved these procedures on
March 2, 2015 (80 FR 11133).
Based on the above, EPA is proposing to find that Ohio has
satisfied the applicable requirements for the redesignation of its
portion of the Steubenville nonattainment area under section 110 and
part D of title I of the CAA.
VII. Maintenance Plan
CAA section 175A sets forth the elements of a maintenance plan for
areas seeking redesignation from nonattainment to attainment. Under
section 175A, the plan must demonstrate continued attainment of the
applicable NAAQS for at least ten years after the nonattainment area is
redesignated to attainment. Eight years after the redesignation, the
state must submit a revised maintenance plan demonstrating that
attainment will continue to be maintained for the ten years following
the initial ten-year period. To address the possibility of future NAAQS
violations, the maintenance plan must contain contingency measures as
EPA deems necessary to assure prompt correction of any future one-hour
violations. Specifically, the maintenance plan should address five
requirements: The attainment emissions inventory, maintenance
demonstration, monitoring, verification of continued attainment, and a
contingency plan. Ohio's June 25, 2019 redesignation request contains
its maintenance plan, which Ohio has committed to review eight years
after redesignation.
Ohio submitted an attainment emission inventory which addresses the
Steubenville nonattainment area's 2011 base year emissions of 26,289
tons per year (tpy) and projections of future emissions, for point,
area, and mobile sources. While the attainment date for the
Steubenville nonattainment area was October 4, 2018, Ohio selected 2014
as the attainment year for its June 25, 2019 maintenance plan emission
inventory, because 2014 was one of the years contributing to the 2014-
2016 and 2015-2017 design values which demonstrated the achievement of
attainment of the SO2 NAAQS in the Steubenville
nonattainment area. The 2014 attainment year also corresponds to the
year when the improvement in air quality leading to attainment
(subsequently made permanent and enforceable by the Ohio and West
[[Page 49496]]
Virginia plans) occurred due to Cardinal's installation of the FGD
system for its only remaining uncontrolled unit (operating beginning in
2012), the ceasing of operations at the Mingo Junction Energy Center
(last operated in 2012), and the enforceable emission reduction
measures at Mountain State Carbon (discussed in greater detail in West
Virginia's SIP submittal). Total SO2 emissions in the
Steubenville nonattainment area for the attainment year were 11,336 tpy
(10,722 tpy from Ohio sources).
Ohio projected SO2 emissions for an interim future year,
2023, and for the maintenance year, 2030. Ohio projected that total
SO2 emissions in the Steubenville nonattainment area in the
maintenance year would drop to 10,382 tpy, with 9,858 tpy from Ohio
sources.
Ohio's maintenance demonstration consists of the nonattainment SIP
air quality analysis which demonstrated that the emission reductions in
effect in the Steubenville nonattainment area will provide for
attainment of the SO2 NAAQS. The permanent and enforceable
SO2 emission reductions described above ensure that
Jefferson County emissions will be equal to or less than the emission
levels which were evaluated in the air quality analysis, and Ohio's
enforcement program will ensure that the Jefferson County
SO2 emission limits are met continuously.
For continuing verification, Ohio has committed to track the
SO2 emissions and compliance status of the facilities in
Jefferson County so that future emissions will not exceed the
attainment inventory. All major sources in Ohio are required to submit
annual emissions data, which the state uses to update its emission
inventories as required by the CAA. Ohio has also committed to continue
ambient SO2 monitoring in Jefferson County to verify
attainment of the SO2 NAAQS.
The requirement to submit contingency measures in accordance with
section 172(c)(9) can be adequately addressed for SO2 by the
operation of a comprehensive enforcement program which can quickly
identify and address sources that might be causing exceedances of the
NAAQS level. Ohio's enforcement program is active and capable of prompt
action to remedy compliance issues or NAAQS exceedances. Ohio's June
25, 2019 redesignation request submittal discusses the state's plan to
respond to increasing SO2 concentrations or new exceedances
of the SO2 NAAQS in the maintenance area. Ohio commits to
study SO2 emission trends and identify areas of concern and
potential additional measures, particularly if an annual average 99th
percentile maximum daily one-hour SO2 concentration of 79
ppb or greater occurs. In the case of a two-year average greater than
75 ppb occurring in the maintenance area, Ohio will consider additional
control measures which can be implemented quickly. Ohio has the
authority to expeditiously adopt, implement and enforce any subsequent
emissions control measures deemed necessary to correct any future
SO2 violations. Ohio commits to adopt and implement such
corrective actions as necessary to address trends of increasing
emissions or ambient impacts. The public will have the opportunity to
participate in the contingency measure implementation process.
Based on the above, EPA proposes to find that Ohio has addressed
the contingency measure requirement. Further, EPA proposes to find that
Ohio's maintenance plan adequately addresses the five basic components
necessary to maintain the SO2 NAAQS in the Steubenville
nonattainment area.
VIII. What action is EPA taking?
In accordance with Ohio's June 25, 2019 request, EPA is proposing
to redesignate the Ohio portion of the Steubenville nonattainment area
from nonattainment to attainment of the SO2 NAAQS. The Ohio
portion of the nonattainment area includes Cross Creek Township,
Steubenville Township, Warren Township, Wells Township, and
Steubenville City in Jefferson County. Ohio has demonstrated that this
area is attaining the SO2 NAAQS, and that the improvement in
air quality is due to permanent and enforceable SO2 emission
reductions in the nonattainment area. EPA is also proposing to approve
Ohio's maintenance plan, which is designed to ensure that the
Steubenville nonattainment area will continue to maintain the
SO2 NAAQS.
As noted previously, EPA is conducting separate rulemaking on
whether the Ohio and West Virginia nonattainment plans provide for
attainment and meet other applicable planning requirements. That
rulemaking addresses, for example, the merits of modeling indicating
that compliance with emission limits in the plans yields attainment of
the SO2 NAAQS throughout the area. The public comment period
for that rulemaking has closed, and EPA is evaluating the comments it
received. Thus, EPA plans to determine the adequacy of the
nonattainment plan in the context of the nonattainment plan rulemaking
and not in the context of today's rulemaking. Today's rulemaking does
not prejudge the outcome of that separate rulemaking. Nevertheless,
today's rulemaking is premised on completion of the nonattainment plan
rulemaking, approving the states' plans.
EPA will publish final action on today's proposed redesignation
only if, and only after, it publishes final approval of the
nonattainment plans, and EPA will reevaluate action on Ohio's
redesignation request if EPA concludes either that the Ohio and West
Virginia plans cannot be approved or that reevaluation of these plans
is necessary.
IX. Statutory and Executive Order Reviews
Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by state law. A redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40
CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to
approve state choices, provided that they meet the criteria of the CAA.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
[[Page 49497]]
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because redesignation is an action that affects the status of a
geographical area and does not impose any new regulatory requirements
on tribes, impact any existing sources of air pollution on tribal
lands, nor impair the maintenance of ozone national ambient air quality
standards in tribal lands.
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur oxides.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: September 5, 2019.
Cheryl L. Newton,
Acting Regional Administrator, Region 5.
[FR Doc. 2019-20196 Filed 9-19-19; 8:45 am]
BILLING CODE 6560-50-P