[Federal Register Volume 85, Number 135 (Tuesday, July 14, 2020)]
[Proposed Rules]
[Pages 42337-42341]
[FR Doc No: 2020-14689]

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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 85, No. 135 / Tuesday, July 14, 2020 /
Proposed Rules

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2019-0590; FRL-10011-76-Region 5]

Designation of Areas for Air Quality Planning Purposes; Indiana;
Redesignation of the Morgan County 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 Morgan County
nonattainment area, which consists of Clay and Washington Townships in
Morgan County, IN, to attainment for the 2010 sulfur dioxide
(SO2) National Ambient Air Quality Standards (NAAQS). EPA is
also proposing to approve Indiana's maintenance plan for the Morgan
County SO2 nonattainment area. Indiana submitted the request
for approval of the Morgan County area's redesignation and maintenance
plan on October 10, 2019, and a clarification letter on May 5, 2020.
EPA has previously approved Indiana's attainment plan for Morgan
County.

DATES: Comments must be received on or before August 13, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2019-0590 at http://www.regulations.gov or via email to
<EMAIL_ADDRESS>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: Anthony Maietta, Environmental
Protection Specialist, Control Strategies Section, Air Programs Branch
(AR-18J), U.S. Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER>,
<EMAIL_ADDRESS>The EPA Region 5 office 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.

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. Determination of Attainment
III. Indiana's State Implementation Plan (SIP)
IV. Permanent and Enforceable Emission Reductions
V. Requirements for the Area Under Section 110 and Part D
VI. Maintenance Plan
VII. What action is EPA taking?
VIII. 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
portions of the Morgan County 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 Morgan County
nonattainment area is comprised of Clay and Washington Townships.
Indiana submitted a plan to provide for attainment of the 2010
SO2 NAAQS on October 2, 2015, and supplemented it on June 7,
2017, November 5, 2017, February 8, 2019, and February 12, 2019. EPA
approved the Morgan County attainment plan on September 23, 2019 (84 FR
49659). Indiana submitted its request to redesignate Morgan County on
October 10, 2019. On May 5, 2020, the Indiana Department of
Environmental Management (IDEM) sent a letter to EPA with clarifying
information about the previously submitted monitoring data. More
specifically, IDEM stated that the Eagle Valley--High Street monitor
was no longer in operation as of June 12, 2019. IDEM noted that the
monitor had been operated for the purposes of determining the impacts
of the largest sources of SO2 emissions and subsequent
attainment of the SO2 standard, and in assisting with the
determination of the background concentration for purposes of modeled
SO2 impacts in attainment and maintenance areas. IDEM
provided further details about the hybrid monitoring and modeling
approach it used, as permitted by EPA's April 23, 2014 guidance titled
``Guidance for 1-Hour SO2 Nonattainment Area SIP
Submissions''. The May 5, 2020 letter is included in the docket for
this action.
    Under CAA 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. The State has met all applicable requirements for the area under
section 110 and part D.
    5. EPA has fully approved a maintenance plan, including a
contingency plan, for the area under section 175A of the CAA.

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,'' 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. 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 Morgan County nonattainment area had a
single SO2 monitoring site (Eagle Valley--High Street; Site
ID# 18-109-1001), located in Centerton (unincorporated) in southern
Clay Township, Morgan County. EPA has reviewed the ambient air
monitoring data for this site focusing on air quality data collected
from 2012 through June 12, 2019. These data considered 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 value for the Morgan County nonattainment area monitor for 2012-
2018. The 2016-2018 design value for Morgan County is 42 ppb, which is
below the SO2 NAAQS. Therefore, Indiana has demonstrated
that Morgan County's SO2 monitor shows attainment. As
discussed above, the Eagle Valley--High Street monitor was shut down on
June 12, 2019. However, using the partial year data from the Eagle
Valley--High Street monitor for 2019, partial 2019 data from the
monitor indicates that the area continues to attain the SO2
NAAQS. As discussed further below, Indiana utilized an approach based
on computer modeling which relied on allowable emissions to
additionally characterize the attainment status of the SO2
NAAQS and to provide for maintaining SO2 emissions in Morgan
County below the SO2 NAAQS through 2030.

                                     Table 1--Monitoring Data for the Morgan County Nonattainment Area for 2012-2018
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                                                                                Year and 99th percentile value  (ppb)
           Site ID                     Location        -------------------------------------------------------------------------------------------------
                                                            2012          2013          2014          2015          2016          2017          2018
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18-109-1001..................  AES/IPL-Eagle Valley/             82            64            90            56            23            47            55
                                CENT.
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                                            Three-year design value and 2019 partial-year monitor data (ppb)
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2009-2011....................  2010-2012..............    2011-2013     2012-2014     2013-2015     2014-2016     2015-2017     2016-2018        2019 *
--------------------------------------------------------------------------------------------------------------------------------------------------------
100..........................  94.....................           81            79            70            56            42            42            48
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* 99th percentile value from data recorded by the monitor through June 12, 2019.

    Regarding the requirement for Indiana to demonstrate that the
entire area is attaining the SO2 NAAQS, Indiana also
referred to the dispersion modeling analysis which was submitted as
part of its attainment plan for Morgan County. This analysis
demonstrated that revised SO2 emission limits for the
Hydraulic Press Brick facility located in Bethany (Clay Township) and
concurrent permanent SO2 emission reductions resulting from
permanent retirement of coal-fired units and replacement to natural
gas-fired units at the Indianapolis Power and Light (IPL)--Eagle Valley
Generating Station in Martinsville (Washington Township) would provide
for attainment. Indiana has confirmed that the modeled facilities are
currently in full compliance with their emission limits, so that
current actual emissions are at or below the levels Indiana used in its
modeling analysis. The modeling analysis was discussed in detail in the
July 8, 2019 (84 FR 32672) notice of proposed rulemaking for the Morgan
County SO2 attainment SIP. As previously noted, EPA approved
the Morgan County attainment plan on September 23, 2019 (84 FR 49659).
EPA proposes to find that this modeling analysis and the monitored air
quality data demonstrate that the Morgan County area has attained the
2010 SO2 NAAQS.

III. Indiana's State Implemenation Plan (SIP)

    EPA's approval of Indiana's attainment SIP for Morgan County
included revised emission limits for two emission sources in Morgan
County. In that action, EPA found that Indiana had satisfied
requirements for providing for attainment of the SO2 NAAQS
in Morgan County. Indiana has adopted its SO2 SIP
regulations, including those which cover Morgan County, at Indiana
Administrative Code Title 326, Rule 7-4-11.1 (326 IAC 7-4-11.1,
entitled ``Morgan 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''). Indiana has shown
that it maintains an active enforcement program to ensure ongoing
compliance. Indiana's new source review/prevention of significant
deterioration program will address emissions from new sources.

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. The IPL--Eagle Valley
Generating Station in Morgan County permanently shut down its coal-
fired boilers in 2016 and has switched its boiler operations to natural
gas. The coal-fired boiler retirement provided a decrease of 10,875
tons per year (tpy) of SO2 from 2011 actual emissions. The
Indiana SIP requirement for IPL--Eagle Valley Generating Station to
solely burn natural gas is located at 326 IAC 7-4-11.1 ``Morgan County
sulfur dioxide emission limitations'' and was approved by EPA on
September 23, 2019 (84 FR 49659).
    Indiana has also established operational limits for the Hydraulic
Press Brick facility to reduce the amount of SO2 emitted.
The operational limits include a ``do not operate condition'' for Kiln
3. In addition, Hydraulic Press Brick is required to operate a sorbent
injection system to achieve a 50 percent control or 2.5 pounds of
SO2 per million British Thermal Units in Kilns 4 and 5. In
2018, these measures resulted in a 343 tpy decrease of SO2
from 2011 actual emissions. EPA approved these new limits into
Indiana's SIP on September 23, 2019 (84 FR 49659), which renders the
limits federally enforceable. Indiana has confirmed that

Hydraulic Press Brick is currently complying with the limits.
    As shown in Table 1, the monitored design value in Morgan County at
the time of its nonattainment designation was 100 ppb. Subsequent
monitoring data in Morgan County indicate that ambient SO2
levels improved after the IPL--Eagle Valley Generating Station's fuel
switch from coal to natural gas and the imposition of enforceable
limits at Hydraulic Press Brick. The most current valid design value
for Morgan County at the time of Indiana's submittal (2016-2018) is 42
ppb. Reviewing the partial year data collected in 2019 before the High
Street--Eagle Valley monitor was shut down on June 12, 2019, the 99th
percentile value of 48 ppb recorded by the monitor remained below the
NAAQS. EPA proposes to find that the improvement in air quality in
Morgan County can be attributed to permanent and enforceable emission
reductions at the IPL--Eagle Valley Generating Station and Hydraulic
Press Brick facilities.

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

    Indiana has submitted information demonstrating that it meets the
requirements of the CAA for the Morgan County 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 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 Indiana to submit a part D SIP for
the Morgan County nonattainment area by April 4, 2015. Indiana
submitted its part D SIP on October 2, 2015 and supplemented it on June
7, 2017, November 15, 2017, February 8, 2019, and on February 12, 2019.
The SIP included a demonstration of attainment and the emissions limits
for IPL--Eagle Valley Generating Station and operational controls and
limits for Hydraulic Press Brick. EPA approved the Morgan County
attainment plan on September 23, 2019 (84 FR 49659). In that
rulemaking, EPA concluded that Indiana had satisfied the various
requirements under CAA section 110 and part D for the Morgan County
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 reasonable further
progress (required under section 173(c)(2)).
    Indiana chose 2011 for its base year emissions inventory, as
comprehensive emissions data was available and updated that year, which
satisfies the 172(c)(3) requirements. Two facilities (IPL--Eagle Valley
Generating Station and Hydraulic Press Brick) were the main sources,
Electrical Generating Unit (EGU) and contributing non-EGU, in the
nonattainment area.
    Table 2 compares SO2 emissions for EGU and contributing
non-EGU sources for 2015 (the attainment year identified by Indiana),
2016 (an attainment year as well as the year that all coal-fired
operations ceased at IPL--Eagle Valley Generating Station and is
therefore representative of the allowable emissions-based attainment
inventory supplied by Indiana), 2018 (the most recent certified
attainment year), and the maintenance year of 2030. It should be noted
that for the 2015 attainment year inventory of EGU and contributing
non-EGU sources, Hydraulic Press Brick reports to Indiana on a three-
year cycle. As a result, its actual emissions from 2010 are listed in
the 2011 base year inventory, and its 2016 actual emissions are listed
in the 2015 attainment year inventory. By providing actual emissions
from the two main SO2 sources from a time period when the
area was not meeting the SO2 NAAQS, and for times when the
area was attaining the NAAQS (both before and after the complete
cessation of all coal-fired units at IPL--Eagle Valley Generating
Station and the use of a sorbent injection system to achieve a 50%
SO2 emission reduction at Hydraulic Press Brick to comply
with the permanent and enforceable limits on these facilities), Indiana
demonstrates a 99.94% reduction in actual SO2 emissions.
Indiana's submittal shows that actual 2018 EGU and contributing non-EGU
SO2 emissions in Morgan County were 0.06% of the actual
emissions in 2011. With the addition of allowable emissions-based
attainment and maintenance inventories provided, Indiana shows that
attainment of the SO2 NAAQS was achieved through permanent
and enforceable actions on EGU and contributing non-EGU sources.
Indiana also shows that modeled allowable operational-based limits on
the remaining contributing SO2 source mean that the area is
expected to maintain attainment of the SO2 NAAQS.

                              Table 2--Actual and Allowable EGU and Contributing Non-EGU Point Sources in Morgan County, IN
                                                                     [Tons per year]
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                                                                             2015
                                                              2011        attainment   2011-2015       2016         2018      2011-2018        2030
         Affected source             Type of reduction    nonattainment      year        change     attainment    (actual)      change      maintenance
                                                          year (actual)    (actual)     (actual)   (allowable)                 (actual)     (allowable)
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IPL--Eagle Valley................  Emission Limit/Unit           10,875        2,756        -8119            0            0      -10,875               0
                                    Retirement and Fuel
                                    Switch.
Hydraulic Press Brick............  Sorbent Injection                350           15         -335        2,628            7         -343           2,628
                                    (50% SO2 Reduction).
                                                        ------------------------------------------------------------------------------------------------
    Total........................  ....................          11,225        2,771       -8,454        2,628            7      -11,218           2,628
--------------------------------------------------------------------------------------------------------------------------------------------------------

    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 (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 CAA. 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). EPA is proposing to find that Indiana
has satisfied the applicable

requirements for the redesignation of the Morgan County nonattainment
area under section 110 and part D of title I of the CAA.

VI. 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. Indiana's October 10, 2019 redesignation request and
May 5, 2020 clarification letter contains its maintenance plan, which
Indiana has committed to review eight years after redesignation.
    In its October 2, 2015 and November 15, 2017 submittals, Indiana
provided an attainment emission inventory which addresses the 2011 base
year emissions of 11,225 tpy for EGU and non-EGU contributing sources.
In their October 10, 2019 redesignation request, Indiana chose 2015 as
an attainment year in order to demonstrate actual emissions reductions
that have occurred in an attaining year and because 2015 was one of the
years contributing to the 2013-2015, 2014-2016, and 2015-2017 design
values which demonstrate attainment of the SO2 NAAQS. In the
same request Indiana chose 2016 as a year to demonstrate an allowable
emissions-based inventory for EGU and non-EGU contributing sources,
because in 2016 all coal-fired units ceased operation at IPL--Eagle
Valley Generating Station, and 2016 was one of the years contributing
to the 2014-2016, 2015-2017, and 2016-2018 design values which
demonstrate Morgan County's attainment of the SO2 NAAQS. The
2015 attainment year inventory included actual reductions due to the
(at the time, ongoing) retirement of coal-fired units at IPL--Eagle
Valley Generating Station. Total SO2 emissions in Morgan
County for the attainment year were 2,771 tpy. Indiana's 2016 allowable
emissions-based attainment inventory includes the complete retirement
of all coal-fired units at IPL--Eagle Valley Generating Station, as
well as the modeled allowable SO2 emissions from Hydraulic
Press Brick that would result in attainment of the SO2
NAAQS. Total allowable SO2 emissions in Indiana's 2016
attainment inventory are 2,628 tpy, all allowable from Hydraulic Press
Brick. Indiana provided the same allowable emissions-based emissions
for the maintenance year, 2030.
    Indiana projected that total allowable SO2 emissions in
Morgan County in the applicable years could be up to 2,628 tpy from
Hydraulic Press Brick. Indiana also demonstrated a 75.3% reduction in
actual emissions between 2011 and 2015 (the year before the complete
cessation of coal-fired activity at IPL--Eagle Valley Generating
Station), and a 99.94% reduction in actual emissions between 2011 and
2018. This large reduction in actual emissions since the 2011 base year
is expected to be sufficient to maintain the SO2 NAAQS in
Morgan County.
    Indiana's maintenance demonstration consists of the nonattainment
SIP air quality analysis showing that the emission reductions now in
effect in Morgan County will provide for attainment of the
SO2 NAAQS. The permanent and enforceable SO2
emission reductions described above ensure that Morgan County 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 Morgan County SO2 emission
limits are met continuously.
    For continuing verification, Indiana has committed to track the
emissions and compliance status of the major facilities in Morgan
County so that future emissions will not exceed the allowable
emissions-based 2016 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 CAA.
    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. Indiana's enforcement program is active and capable of
prompt action to remedy compliance issues. In particular, Indiana's
October 10, 2019 redesignation request and May 5, 2020 clarification
letter 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. 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 Morgan County nonattainment
area.

VII. What action is EPA taking?

    In accordance with Indiana's October 10, 2019 request and May 5,
2020 clarification letter, EPA is proposing to redesignate the Morgan
County nonattainment area from nonattainment to attainment of the 2010
SO2 NAAQS. Indiana has demonstrated that the area is
attaining the 2010 SO2 NAAQS and that the improvement in air
quality is due to permanent and enforceable SO2 emission
reductions in the nonattainment area. EPA is also 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 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.);
     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 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, Environmental protection, Air pollution
control, National parks, Wilderness areas.

    Dated: July 1, 2020.
Kurt Thiede,
Regional Administrator, Region 5.
[FR Doc. 2020-14689 Filed 7-13-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 86 (Friday, May 3, 2019)]
[Notices]
[Pages 19095-19096]
[FR Doc No: 2019-09030]

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and other important information describing the Collection. There is one
ICR for each Collection. The Coast Guard invites comments on whether
this ICR should be granted based on the Collection being necessary for
the proper performance of Departmental functions. In particular, the
Coast Guard would appreciate comments addressing: (1) The practical
utility of the Collection; (2) the accuracy of the estimated burden of
the Collection; (3) ways to enhance the quality, utility, and clarity
of information subject to the Collection;

and (4) ways to minimize the burden of the Collection on respondents,
including the use of automated collection techniques or other forms of
information technology. Consistent with the requirements of Executive
Order 13771, Reducing Regulation and Controlling Regulatory Costs, and
Executive Order 13777, Enforcing the Regulatory Reform Agenda, the
Coast Guard is also requesting comments on the extent to which this
request for information could be modified to reduce the burden on
respondents. These comments will help OIRA determine whether to approve
the ICR referred to in this notice.
    We encourage you to respond to this request by submitting comments
and related materials. Comments to Coast Guard or OIRA must contain the
OMB Control Number of the ICR. They must also contain the docket number
of this request, [USCG-2019-0038], and must be received by June 3,
2019.

Submitting Comments

    We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions. Documents mentioned in this notice, and all public
comments, are in our online docket at https://www.regulations.gov and
can be viewed by following that website's instructions. Additionally,
if you go to the online docket and sign up for email alerts, you will
be notified when comments are posted.
    We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
    OIRA posts its decisions on ICRs online at https://www.reginfo.gov/public/do/PRAMain after the comment period for each ICR. An OMB notice
of Action on each ICR will become available via a hyperlink in the OMB
Control Number: 1625-0039.

Previous Request for Comments

    This request provides a 30-day comment period required by OIRA. The
Coast Guard published the 60-day notice (84 FR 5458, February 21, 2019)
required by 44 U.S.C. 3506(c)(2). That notice elicited no comments.
Accordingly, no changes have been made to the Collections.

Information Collection Request

    Title: Declaration of Inspection Before Transfer of Liquid Cargo in
Bulk.
    OMB Control Number: 1625-0039.
    Summary: A Declaration of Inspection (DOI) documents the transfer
of oil and hazardous materials, to help prevent spills and damage to a
facility or vessel. Persons-in-charge of the transfer operations must
review and certify compliance with procedures specified by the terms of
the DOI.
    Need: Title 33 U.S.C. 1321(j) authorizes the Coast Guard to
establish regulations to prevent the discharge of oil and hazardous
material from vessels and facilities. The DOI regulations appear at 33
CFR 156.150 and 46 CFR 35.35-30.
    Forms: None.
    Respondents: Persons-in-charge of transfers.
    Frequency: On occasion.
    Hour Burden Estimate: The estimated burden has increased from
77,973 hours to 80,051 hours a year, due to an increase in the
estimated annual number of responses.

    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C.
Chapter 35, as amended.

    Dated: April 29, 2019.
James D. Roppel,
U.S. Coast Guard, Chief, Office of Information Management.
[FR Doc. 2019-09030 Filed 5-2-19; 8:45 am]
 BILLING CODE 9110-04-P