[Federal Register Volume 85, Number 210 (Thursday, October 29, 2020)]
[Proposed Rules]
[Pages 68533-68538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23496]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2018-0732; FRL-10016-04-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: Proposed rule.

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SUMMARY: In accordance with the Clean Air Act, the Environmental 
Protection Agency (EPA) is proposing to redesignate 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 proposing to approve 
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: Comments must be received on or before November 30, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2018-0732 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: 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]. The EPA Region 5 office is open from 8:30 a.m. 
to 4:30 p.m., Monday through Friday, excluding

[[Page 68534]]

Federal holidays and facility closures due to COVID-19.

SUPPLEMENTARY INFORMATION: This supplementary information section is 
arranged as follows:

I. Background and Redesignation Requirements
II. Determination of Attainment
III. Indiana's State Implementation Plan (SIP)
IV. Permanent and Enforceable Emission Reductions
V. Maintenance Plan
VI. Requirements for the Area Under Section 110 and Part D
VII. What action is EPA taking?
VIII. Statutory and Executive Order Reviews

I. Background and Redesignation Requirements

    In 2010, EPA established a revised primary, health-based 1-hour 
SO2 NAAQS of 75 parts per billion (ppb) (75 FR 35520, June 
22, 2010). On August 5, 2013 (78 FR 47191), EPA designated the 
Southwest Indiana area as nonattainment for the 2010 SO2 
NAAQS based on air quality monitoring data for calendar years 2009-
2011. The Southwest Indiana nonattainment area is comprised of Veale 
Township in Daviess County and Washington Township in Pike County. EPA 
approved Indiana's plan for bringing the Southwest Indiana area into 
attainment on August 17, 2020 (85 FR 49967). The approved attainment 
plan includes SO2 emission limits for facilities in the area 
and modeling to show that compliance with emission limits results in 
attainment of the standard and ongoing maintenance. On October 24, 
2018, Indiana submitted a request to redesignate the Southwest Indiana 
area to attainment. Indiana sent a letter to EPA, dated August 25, 
2020, with information supplementing the previously submitted 
redesignation request. The letter provided information showing that the 
most recent data from both the Pike County monitor and the Daviess 
County monitor indicate attainment of the standard, and confirmed, 
based on first quarter 2020 emission data, that the Indianapolis Power 
& Light Company (IPL) Petersburg Generating Station continues to meet 
the emission limits. The August 25, 2020 letter is included in the 
docket for this action.
    Under Clean Air Act section 107(d)(3)(E), there are five criteria 
which must be met before a nonattainment area may be redesignated to 
attainment:
    1. EPA has determined that the relevant NAAQS has been attained in 
the area.
    2. The applicable implementation plan has been fully approved by 
EPA under section 110(k).
    3. EPA has determined that improvement in air quality is due to 
permanent and enforceable reductions in emissions resulting from the 
SIP, Federal regulations, and other permanent and enforceable 
reductions.
    4. EPA has fully approved a maintenance plan, including a 
contingency plan, for the area under section 175A of the Clean Air Act.
    5. The State has met all applicable requirements for the area under 
section 110 and part D.

II. Determination of Attainment

    The first requirement for redesignation is to demonstrate that the 
NAAQS has been attained in the area. As stated in EPA's April 2014 
``Guidance for 1-Hour SO2 Nonattainment Area SIP 
Submissions,'' there are two components needed to support an attainment 
determination: A review of representative air quality monitoring data, 
and a further analysis, generally requiring air quality modeling, to 
demonstrate that the entire area is attaining the applicable NAAQS, 
based on current actual emissions or the fully implemented control 
strategy. Indiana has addressed both components.
    Under EPA regulations at 40 CFR 50.17, the SO2 NAAQS is 
met at an ambient air quality monitoring site when the three-year 
average of the annual 99th percentile of one-hour daily maximum 
concentrations is less than or equal to 75 ppb, as determined in 
accordance with appendix T of 40 CFR part 50 at all relevant monitoring 
sites in the subject area. The Southwest Indiana nonattainment area had 
two SO2 monitoring sites: One located in Daviess County 
(AES/IPL Petersburg--West off SR 57; Site ID#18-027-0002), and one 
located in Pike County (Petersburg-Arda Lane; Site ID# 18-125-0005). 
Both monitors were operated by IPL. The monitor in Pike County was 
approved by EPA for discontinuation on August 22, 2019. The Daviess 
County monitor is still in operation. EPA has reviewed the ambient air 
monitoring data for both sites, focusing on air quality data collected 
from 2012 through 2019. Through the end of 2019 for the Daviess County 
site, and through the morning of August 22, 2019 for the Pike County 
site, these data are complete, quality-assured, certified, and recorded 
in EPA's Air Quality System database.
    Table 1 shows the 99th percentile results and three-year average 
design values for the Southwest Indiana nonattainment area monitors for 
2012-2019. The 2016-2018 design values for Southwest Indiana are 17 ppb 
for the Daviess County monitor and 23 ppb for the Pike County monitor, 
which are both below the SO2 NAAQS. Using the full year of 
2019 data collected at the Daviess County monitor and the partial year 
of data at the Pike County monitor, the 2017-2019 design values are 14 
ppb and 19 ppb for the monitors, respectively, which are also below the 
NAAQS. Therefore, EPA finds that Indiana has demonstrated that 
Southwest Indiana's SO2 monitors show attainment.

                                                Table 1--Indiana's Monitoring Data for the Southwest Indiana SO2 Nonattainment Area for 2012-2019
                                                                                              [ppb]
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                                                                                    99th percentile values                                            3-Year design values
             Site ID                         Location          ---------------------------------------------------------------------------------------------------------------------------------
                                                                 2012    2013    2014    2015    2016    2017    2018    2019   2012-2014  2013-2015  2014-2016  2015-2017  2016-2018  2017-2019
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
18-027-0002......................  Daviess County.............      78     150     107      93      22      16      13      12       112        117         74         44         17         14
18-125-0005......................  Pike County................     140     169     157      74      26      24      19    * 13       155        133         86         41         23       * 19
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* Includes partial 2019 data before the Pike County monitor was approved by EPA for discontinuation on August 22, 2019.

    In addition to ambient air quality monitoring data, Indiana 
utilized an approach based on computer modeling which relied on 
allowable emissions in Indiana's attainment SIP to additionally 
characterize the attainment status of the SO2 NAAQS and to 
provide for maintaining SO2 emissions in Southwest Indiana 
below the SO2 NAAQS through 2030. This modeling was approved 
by EPA on August 17, 2020 as part of Indiana's attainment SIP.
    Indiana evaluates the emissions from the IPL Petersburg Generating 
Station, the remaining SO2 source in the Southwest Indiana 
area, to demonstrate compliance with its emission limits. Table 2 shows 
Indiana's emission limits

[[Page 68535]]

and data for the IPL Petersburg Generating Station for the first 
quarter of 2020, using 30-day rolling average limits and emissions. EPA 
has verified that the IPL Petersburg Generating Station is currently 
complying with its emission limits based on data from the first and 
second quarters of 2020.

    Table 2--Indiana's 30-Day Average Emission Limits and Data for the IPL Petersburg Generating Station--1st
                                                  Quarter 2020
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                                                      Unit 1          Unit 2          Unit 3          Unit 4
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SO2 Emission Limit (lb/hr) \1\..................             263           495.4          1633.7          1548.2
IPL--SO2 Maximum (lb/hr)........................             153             262             639             717
SO2 Emission Limit (lb/MMBtu)...................            0.10            0.10            0.25            0.24
IPL--SO2 Maximum (lb/MMBtu).....................            0.07            0.06            0.17            0.17
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\1\ These lb/hr limits were not incorporated into the SIP, in part due to questions about the adjustment factor
  used to derive these 30-day average limits. Nevertheless, evidence of compliance with these state limits
  supplements the evidence of compliance with the lb/MMBtu limits in support of the finding that the IPL
  Petersburg Generating Station is emitting at levels low enough for the area to attain the SO2 NAAQS.

    Although the predominant emissions at the IPL Petersburg Generating 
Station are from the coal fired units, the state also restricts the 
emissions from the diesel generating units at the source, in part by 
limiting the allowable number of operating hours. Table 3 shows 
Indiana's diesel generator operating limits and data for the IPL 
Petersburg Generating Station. Based on the 2019 and partial 2020 data, 
the IPL Petersburg Generating Station diesel generator operating 
durations are well under the limits.

               Table 3--Indiana's Diesel Generator Data for the IPL Petersburg Generating Station
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                                               2019 Operating    2020 1st quarter
              Diesel generator                     hours         operating hours          Operating limit
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PB-2.......................................               33.8                4.7  500-hour calendar year
                                                                                    operating limit (each).
PB-3.......................................                3.4                0.0
PB-4.......................................               20.3                3.3
----------------------------------------------------------------------------------------------------------------

    Due to a Federal Consent Decree (Civil Action No. 3:20-cv-202-RLY-
MPB) lodged by the United States and Indiana against IPL on August 31, 
2020, EPA expects that emissions will be limited to levels even lower 
than those EPA found adequate to provide for attainment.
    As described above, Indiana has addressed both the modeling and 
monitoring components needed to support an attainment determination. 
EPA proposes to find that this modeling analysis and the monitored air 
quality data demonstrate that the Southwest Indiana area has attained 
the 2010 SO2 NAAQS.

III. Indiana's State Implementation Plan (SIP)

    EPA's approval of Indiana's attainment SIP for the Southwest 
Indiana area (85 FR 49967) included revised emission limits for the IPL 
Petersburg Generating Station and emission limits for the Hoosier 
Energy Ratts Generating Station, which were the two SO2 
sources (both Electrical Generating Units (EGUs)) in Southwest Indiana 
before the Ratts Generating Station was shut down in 2015. In that 
action, EPA found that Indiana had satisfied requirements for providing 
for attainment of the 1-hour SO2 NAAQS in the Southwest 
Indiana area. Indiana has adopted its SO2 SIP regulations, 
including those which cover the Southwest Indiana area, at Indiana 
Administrative Code (IAC) Title 326, consisting of 326 IAC 7-4-15 
(entitled ``Pike County sulfur dioxide emission limitations''); 326 IAC 
7-1.1-3 (``Compliance date''); and 326 IAC 7-2-1 (``Reporting 
requirements; methods to determine compliance''). These rules are 
supplemented with Commissioner's Order 2019-02 limiting emissions from 
the IPL Petersburg Generating Station described above. Indiana has 
shown that it maintains an active enforcement program to ensure ongoing 
compliance with these requirements. Indiana's new source review/
prevention of significant deterioration program will address emissions 
from potential new sources in the area.

IV. Permanent and Enforceable Emission Reductions

    For an area to be redesignated, the state must be able to 
reasonably attribute the improvement in air quality to emission 
reductions which are permanent and enforceable. Indiana has established 
SO2 emission limits for each of the four units at the IPL 
Petersburg Generating Station. In 2017, these emission limits resulted 
in an actual decrease of 26,761 tons per year (tpy) of SO2 
(77.06 percent) from 2011 actual emissions. EPA included the revised 
limits in the approval of Indiana's SIP on August 17, 2020 (85 FR 
49967), which renders the limits federally enforceable.
    The other SO2 source in the Southwest Indiana area, 
Hoosier Energy Ratts Generating Station, was permanently shut down in 
March 2015 and dismantled in late 2016. Thus, its emissions are zero.
    As shown in Table 1, the monitored design values in the Southwest 
Indiana area at the time of its nonattainment designation were above 
the NAAQS of 75 ppb. Subsequent monitoring data in the Southwest 
Indiana area indicate that the 99th percentile ambient SO2 
levels dropped below the NAAQS after the imposition of enforceable 
limits at the IPL Petersburg Generating Station and the shutdown of 
Hoosier Energy Ratts Generating Station. EPA proposes to find that the 
improvement in air quality in the Southwest Indiana area can be 
attributed to permanent and enforceable emission reductions at the IPL 
Petersburg Generating Station and the Hoosier Energy Ratts Generating 
Station.

V. Maintenance Plan

    Clean Air Act section 175A sets forth the elements of a maintenance 
plan for areas seeking redesignation from nonattainment to attainment. 
Under

[[Page 68536]]

section 175A, the plan must demonstrate continued attainment of the 
applicable NAAQS for at least ten years after the nonattainment area is 
redesignated to attainment. Eight years after the redesignation, the 
state must submit a revised maintenance plan demonstrating that 
attainment will continue to be maintained for the ten years following 
the initial ten-year period. To address the possibility of future NAAQS 
violations, the maintenance plan must contain contingency measures as 
EPA deems necessary to assure prompt correction of any future one-hour 
violations.
    Specifically, the maintenance plan should address five 
requirements: the attainment emissions inventory, maintenance 
demonstration, monitoring, verification of continued attainment, and a 
contingency plan. Indiana's October 24, 2018 redesignation request 
contains its maintenance plan, which Indiana has committed to review 
eight years after redesignation.
    In their redesignation request, Indiana provided an emission 
inventory which addresses the 2011 base year actual emissions of 34,728 
tpy for EGU sources. Indiana chose 2017 as an attainment year in order 
to demonstrate actual emissions reductions that have occurred in an 
attaining year. The 2017 attainment year inventory included actual 
reductions due to the shutdown of the Hoosier Energy Ratts Generating 
Station. Total actual SO2 emissions in the Southwest Indiana 
area for the attainment year were 7,967 tpy.
    Indiana calculated allowable emissions inventories, both including 
and excluding the Hoosier Energy Ratts Generating Station, by 
multiplying the 1-hour pound per hour (lb/hr) emission limits by the 
number of hours in a year. However, as the IPL Petersburg Generating 
Station is subject to 30-day average limits instead of 1-hour limits, 
which allow less emissions in a year than the 1-hour limits, EPA 
believes that the 30-day average limits are a more appropriate basis 
for calculating allowable emissions. Indiana determined its 30-day 
average limits on pounds per million British Thermal Units (lb/MMBtu) 
by multiplying the 1-hour average limits by an adjustment factor of 68 
percent. At maximum heat inputs for the four units at the IPL 
Petersburg Generating Station, the 1-hr limits in lb/MMBtu result in 
the quantity of emissions given in the 1-hr lb/hr limits. Indiana has 
not calculated a 30-day average lb/hr limit using EPA guidance. 
Nevertheless, the establishment of appropriately adjusted 30-day 
average lb/MMBtu limits, determined by multiplying the 1-hr lb/MMBtu 
limits by 68 percent, will result in emissions at maximum heat input 
that equal 68 percent of the 1-hr lb/hr limits. Therefore, the 
allowable emissions as calculated by EPA are 68 percent of the 
allowable emissions as calculated by Indiana, and thus the allowable 
emissions for the area are even lower than those on which Indiana based 
its request.
    EPA's calculated allowable emissions for the Southwest Indiana 
area, which are equivalent to the projected emissions for the 
maintenance year of 2030, are 14,729 tpy, all allowable from the IPL 
Petersburg Generating Station. This quantity is 57.59 percent lower 
than actual emissions in 2011. Indiana demonstrated a 77.06 percent 
reduction in actual emissions between 2011 and 2017, which is more than 
sufficient to attain the SO2 NAAQS in the Southwest Indiana 
area.
    Indiana's maintenance demonstration consists of the nonattainment 
SIP air quality analysis showing that the emission reductions now in 
effect in the Southwest Indiana area will provide for attainment of the 
SO2 NAAQS. The permanent and enforceable SO2 
emission reductions described above ensure that area emissions will be 
equal to or less than the emission levels which were evaluated in the 
air quality analysis, and Indiana's enforceable emission requirements 
will ensure that the Southwest Indiana SO2 emission limits 
are met continuously.
    For continuing verification, Indiana has committed to track the 
emissions and compliance status of the major facilities in the 
Southwest Indiana area so that future emissions will not exceed the 
allowable emissions-based attainment inventory. All major sources in 
Indiana are required to submit annual emissions data, which the State 
uses to update its emission inventories as required by the Clean Air 
Act.
    The requirement to submit contingency measures in accordance with 
section 172(c)(9) of the Clean Air Act 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. Indiana's enforcement program is active and 
capable of prompt action to remedy compliance issues. In particular, 
Indiana's October 24, 2018 redesignation request discusses its two-
tiered plan to respond to reported emissions that would cause modeled 
exceedances of the SO2 NAAQS in the maintenance area. 
Indiana commits to study SO2 emission trends and identify 
areas of concern and potential additional measures, and if necessary, 
Indiana will consider additional control measures which can be 
implemented quickly. Indiana has the authority to expeditiously adopt, 
implement, and enforce any subsequent emissions control measures deemed 
necessary to correct any future SO2 violations.
    Indiana commits to adopt and implement such corrective actions as 
necessary to address trends of increasing emissions or modeled ambient 
impacts. The public will have the opportunity to participate in the 
contingency measure implementation process. Based on the foregoing, EPA 
proposes to find that Indiana has addressed the contingency measure 
requirement. Further, EPA proposes to find that Indiana's maintenance 
plan adequately addresses the five basic components necessary to 
maintain the SO2 NAAQS in the Southwest Indiana 
nonattainment area.

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

    Indiana has submitted information demonstrating that it meets all 
of the SIP requirements of the Clean Air Act for the Southwest Indiana 
nonattainment area. EPA approved Indiana's infrastructure SIP for 
SO2 on August 14, 2015 (80 FR 48733). This infrastructure 
SIP approval confirms that Indiana's SIP meets the requirements of 
Clean Air Act 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 Clean Air Act requires Indiana to submit a part 
D SIP for the Southwest Indiana nonattainment area by April 4, 2015. 
Indiana submitted its part D SIP on October 2, 2015 and supplemented it 
on November 15, 2017 and September 18, 2019. The SIP included a 
demonstration of attainment and the emission limits for the IPL 
Petersburg Generating Station and the Hoosier Energy Ratts Generating 
Station. EPA approved the Southwest Indiana attainment plan on August 
17, 2020 (85 FR 49967) with revised limits for the IPL Petersburg 
Generating Station. In that rulemaking, EPA concluded that Indiana had 
satisfied the various requirements under Clean Air Act section 110 and 
part D for the Southwest Indiana SO2 nonattainment area. For 
example, EPA concluded that Indiana satisfied requirements for an 
attainment inventory of the SO2 emissions from sources in 
the nonattainment area (required under section 173(c)(3)), reasonably 
available control measures (required under section 173(c)(1)), and

[[Page 68537]]

reasonable further progress (required under section 173(c)(2)).
    Indiana chose 2011 for its base year emissions inventory, as 
comprehensive emissions data were available and updated that year, 
which satisfies the 172(c)(3) requirements. In that year, two EGU 
sources (the IPL Petersburg Generating Station and the Hoosier Energy 
Ratts Generating Station) were the main sources in the nonattainment 
area.
    Table 4 compares Indiana's SO2 emissions data for EGU 
sources for 2011 (the base nonattainment year identified by Indiana) 
and 2017 (the most recent certified attainment year at the time of the 
redesignation request submission), as well as EPA's projected allowable 
emissions for the maintenance year of 2030. Although Indiana calculated 
allowable 2030 emissions for the IPL Petersburg Generating Station by 
multiplying the 1-hour lb/hr emission limits by the number of hours in 
a year, EPA calculated the allowable 2030 emissions by multiplying 
Indiana's projected emissions by the adjustment factor needed for the 
30-day average limits to be comparably stringent to 1-hour limits, as 
the IPL Petersburg Generating Station is subject to 30-day average 
emission limits.
    By providing actual emissions from the two main SO2 
sources from a time period when the area was not meeting the 
SO2 NAAQS, and from a time period when the area was 
attaining the NAAQS, Indiana demonstrates a 77.06 percent reduction in 
actual SO2 emissions. Indiana's submittal shows that actual 
2017 EGU SO2 emissions in the Southwest Indiana area were 
22.94 percent of the actual emissions in 2011. Indiana also shows by 
modeling that continued compliance with now federally enforceable 
emission limits for the remaining contributing SO2 source 
will result in the area maintaining attainment of the SO2 
NAAQS.

                  Table 4--Actual and Projected EGU Point Sources in the Southwest Indiana Area
                                                 [Tons per year]
----------------------------------------------------------------------------------------------------------------
                                                                                                       2030
                                    Type of            2011            2017          2011-2017      Maintenance
       Affected source             reduction      Nonattainment     Attainment        Change           year
                                                  year (actual)    year (actual)     (actual)       (projected)
----------------------------------------------------------------------------------------------------------------
IPL--Petersburg Generating     Emission Limits/           25,232           7,967         -17,265          14,729
 Station.                       Improved
                                Controls.
Hoosier Energy--Ratts          Facility Closed.            9,496               0          -9,496               0
 Generating Station.
                                                ----------------------------------------------------------------
    Total....................  ................           34,728           7,967         -26,761          14,729
----------------------------------------------------------------------------------------------------------------

    Section 176(c) of the Clean Air Act requires states to establish 
criteria and procedures to ensure that federally supported or funded 
projects conform to the air quality planning goals in the applicable 
SIP. The requirement to determine conformity applies to transportation 
plans, programs, and projects that are developed, funded, or approved 
under title 23 of the United States Code (U.S.C.) and the Federal 
Transit Act (transportation conformity) as well as to all other 
federally supported or funded projects (general conformity). State 
transportation conformity SIP revisions must be consistent with Federal 
conformity regulations relating to consultation, enforcement, and 
enforceability that EPA promulgated pursuant to its authority under the 
Clean Air Act. On June 4, 2010, Indiana submitted documentation 
establishing transportation conformity procedures in its SIP. EPA 
approved these procedures on August 17, 2010 (75 FR 50708).
    Based on the above, EPA is proposing to find that Indiana has 
satisfied the applicable requirements for the redesignation of the 
Southwest Indiana nonattainment area under section 110 and part D of 
title I of the Clean Air Act.

VII. What action is EPA taking?

    In accordance with Indiana's October 24, 2018 request and August 
25, 2020 supplemental letter, EPA is proposing to redesignate 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 
proposing to approve Indiana's maintenance plan, which is designed to 
ensure that the area will continue to maintain the SO2 
NAAQS.

VIII. Statutory and Executive Order Reviews

    Under the Clean Air Act, 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 Clean Air Act 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 Clean Air Act 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 Clean Air Act. 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

[[Page 68538]]

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 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: October 19, 2020.
Kurt Thiede,
Regional Administrator, Region 5.
[FR Doc. 2020-23496 Filed 10-28-20; 8:45 am]
BILLING CODE 6560-50-P