Rule2025-15455
Finding of Failure To Attain; Air Plan Approval; Indiana; Huntington County Sulfur Dioxide Attainment Plan
Primary source
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Published
August 14, 2025
Effective
September 15, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is determining that the Huntington County, Indiana nonattainment area failed to attain the 2010 Sulfur Dioxide (SO<INF>2</INF>) National Ambient Air Quality Standard (NAAQS) by the applicable attainment date of April 9, 2023. EPA is also approving revisions into the Indiana State Implementation Plan (SIP) intended to provide for attainment of the 2010 SO<INF>2</INF> NAAQS for the Huntington County nonattainment area. These SIP revisions include Indiana's attainment demonstration and other planning elements required under the Clean Air Act (CAA), and an order issued by the Commissioner of the Indiana Department of Environmental Management containing enforceable emission limits. Further, EPA is determining that the provisions of Indiana's SIP submittal adequately provide for attainment of the NAAQS and that the plan meets all other applicable CAA requirements. EPA proposed to approve this action on June 18, 2025, and received no adverse comments.
Full Text
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<title>Federal Register, Volume 90 Issue 155 (Thursday, August 14, 2025)</title>
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[Federal Register Volume 90, Number 155 (Thursday, August 14, 2025)]
[Rules and Regulations]
[Pages 39130-39132]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-15455]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2023-0564; FRL-12835-02-R5]
Finding of Failure To Attain; Air Plan Approval; Indiana;
Huntington County Sulfur Dioxide Attainment Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is determining that
the Huntington County, Indiana nonattainment area failed to attain the
2010 Sulfur Dioxide (SO<INF>2</INF>) National Ambient Air Quality
Standard (NAAQS) by the applicable attainment date of April 9, 2023.
EPA is also approving revisions into the Indiana State Implementation
Plan (SIP) intended to provide for attainment of the 2010
SO<INF>2</INF> NAAQS for the Huntington County nonattainment area.
These SIP revisions include Indiana's attainment demonstration and
other planning elements required under the Clean Air Act (CAA), and an
order issued by the Commissioner of the Indiana Department of
Environmental Management containing enforceable emission limits.
Further, EPA is determining that the provisions of Indiana's SIP
submittal adequately provide for attainment of the NAAQS and that the
plan meets all other applicable CAA requirements. EPA proposed to
approve this action on June 18, 2025, and received no adverse comments.
DATES: This final rule is effective on September 15, 2025.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2023-0564. All documents in the docket are listed on
the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. Although listed in the index,
some information is not publicly available, i.e., Confidential Business
Information (CBI), Proprietary Business Information (PBI), or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either through <a href="https://www.regulations.gov">https://www.regulations.gov</a> or at the Environmental Protection Agency, Region
5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding Federal holidays. We recommend that
you telephone Abigail Teener, at (312) 353-7314, before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT: Abigail Teener, Air and Radiation
Division (AR18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 353-7314,
<a href="/cdn-cgi/l/email-protection#f88c9d9d969d8ad6999a919f999194b89d8899d69f978e"><span class="__cf_email__" data-cfemail="e7938282898295c986858e80868e8ba7829786c9808891">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background Information
On June 18, 2025 (90 FR 25968), EPA proposed to approve Indiana's
plan for attaining the 2010 SO<INF>2</INF> NAAQS for the Huntington
County area and for meeting other nonattainment area planning
requirements of CAA sections 110, 172, 179 and 192. EPA proposed to
approve Indiana's demonstration that these requirements provide for
attainment of the 2010 SO<INF>2</INF> NAAQS in Huntington County and
that Indiana had satisfied the other applicable requirements for
nonattainment areas. EPA also proposed to approve Commissioner's Order
2023-Air-02, approved and signed on February 12, 2024, which contains
the enforceable emission limits and associated requirements for
Isolatek International (Isolatek), formerly known
[[Page 39131]]
as U.S. Mineral Wool, that Indiana's Huntington County SO<INF>2</INF>
attainment plan relies upon. In the same action, EPA proposed to find
that the Huntington County nonattainment area failed to attain the 2010
SO<INF>2</INF> NAAQS by the applicable attainment date of April 9,
2023, but that finalizing the approval of Indiana's plan would fulfill
the requirement under CAA section 179 for a State to submit a revision
to its SIP to provide for attainment in that area no later than five
years from the date of any final determination that the area failed to
attain.
An explanation of the CAA requirements, a detailed analysis of the
revisions, and EPA's reasons for proposing approval were provided in
the notice of proposed rulemaking (90 FR 25968, June 18, 2025) and will
not be restated here. The public comment period for this proposed rule
ended on July 18, 2025. EPA received two supportive comments on the
proposal, which are included in the docket for this action.
II. Final Action
EPA is determining, under section 179 of the CAA, that the
Huntington County, Indiana nonattainment area failed to attain the 2010
SO<INF>2</INF> NAAQS by the applicable attainment date of April 9,
2023, and that Indiana is therefore subject to the requirement under
section 179 to submit a revision to its SIP to provide for attainment
in that area no later than five years from the date of any final
determination that the area failed to attain. See section 179(c)-(d).
EPA is also approving Indiana's November 6, 2023, SIP attainment plan
submittal and February 12, 2024, supplemental SIP revision for the
Huntington County SO<INF>2</INF> nonattainment area as fulfilling this
requirement to provide for attainment of the 2010 SO<INF>2</INF> NAAQS
by the attainment date in this unique circumstance because control
measures are now in place and effective, the area is attaining the 2010
SO<INF>2</INF> NAAQS, and the State has submitted a complete and
approvable attainment plan with all required planning elements. EPA is
determining that Indiana has appropriately demonstrated that the plan
provides for attainment of the 2010 SO<INF>2</INF> NAAQS in the
Huntington County, Indiana nonattainment area and that the plan meets
the other applicable requirements under CAA sections 172, 191, and 192.
The approval of Indiana's SO<INF>2</INF> attainment plan also
terminates the Federal Implementation Plan deadline that was triggered
by EPA's November 3, 2020 (85 FR 69504), Finding of Failure to Submit
for the Huntington County area.
III. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Indiana
Regulations described in section I of this preamble and set forth in
the amendments to 40 CFR part 52 below. EPA has made, and will continue
to make, these documents generally available through <a href="https://www.regulations.gov">https://www.regulations.gov</a>, and at the EPA Region 5 Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information). Therefore, these materials have
been approved by EPA for inclusion in the SIP, have been incorporated
by reference by EPA into that plan, are fully federally enforceable
under sections 110 and 113 of the CAA as of the effective date of the
final rulemaking of EPA's approval, and will be incorporated by
reference in the next update to the SIP compilation.\1\
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\1\ 62 FR 27968 (May 22, 1997).
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IV. Statutory and Executive Order Reviews
Approving an attainment plan for a nonattainment area and a finding
that an area has failed to attain the NAAQS by the relevant attainment
date under sections 110, 172, 179 and 192 of the CAA 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. 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.
A. Executive Order 12866: Regulatory Planning and Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review
B. Executive Order 14192: Unleashing Prosperity Through Deregulation
This action is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because SIP approval and finding of failure to attain
actions under the CAA are exempt from review under Executive Order
12866.
C. Paperwork Reduction Act
This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
D. Regulatory Flexibility Act
This action merely approves State law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by State law. Accordingly, the Administrator certifies that
this rule will not have a significant economic impact on a substantial
number of small entities under the Regulatory Flexibility Act (5 U.S.C.
601 et seq.).
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action does not impose additional requirements
beyond those imposed by State law. Accordingly, no additional costs to
State, local, or tribal governments, or to the private sector, will
result from this action.
F. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175 (65 FR 67249, November 9, 2000), requires EPA
to develop an accountable process to ensure ``meaningful and timely
input by tribal officials in the development of regulatory policies
that have tribal implications.'' This rule does not have Tribal
implications, as specified in Executive Order 13175. It will not have
substantial direct effects on Tribal governments. Thus, Executive Order
13175 does not apply to this rule.
H. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
This action is not subject to Executive Order 13045 because it is
not 3(f)(1) significant as defined in Executive Order 12866, and
because EPA does not believe the environmental health or
[[Page 39132]]
safety risks addressed by this action present a disproportionate risk
to children because it does not establish an environmental standard
intended to mitigate health or safety risks.
I. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (66 FR 28355
(May 22, 2001)), because it is not a significant regulatory action
under Executive Order 12866.
J. National Technology Transfer Advancement Act
This rulemaking does not involve technical standards.
K. Congressional Review Act
This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
L. Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 14, 2025. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: August 5, 2025.
Anne Vogel,
Regional Administrator, Region 5.
For the reasons stated in the preamble, title 40 CFR part 52 is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. Amend Sec. 52.770:
0
a. In the table in paragraph (d) by adding an entry at the end for
``Isolatek International''; and
0
b. In the table in paragraph (e) by adding an entry at the end for
``Huntington County 2010 Sulfur Dioxide (SO<INF>2</INF>) Attainment
Plan''.
The addition reads as follows:
Sec. 52.770 Identification of plan.
* * * * *
(d) * * *
EPA-Approved Indiana Source-Specific Provisions
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CO date Title SIP rule EPA approval Explanation
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* * * * * * *
2/12/2024................ Isolatek N.A.................. 8/14/2025, 90 FR Limitations to
International. [Insert Federal support attainment
Register page plan.
where the document
begins].
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(e) * * *
EPA-Approved Indiana Nonregulatory and Quasi-Regulatory Provisions
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Title Indiana date EPA approval Explanation
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* * * * * * *
Huntington County 2010 Sulfur Dioxide 11/6/2023 8/14/2025, 90 FR [Insert Full approval.
(SO2) Attainment Plan. Federal Register page
where the document
begins].
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* * * * *
0
3. In Sec. 52.774, add paragraph (c) to read as follows:
Sec. 52.774 Determination of attainment.
* * * * *
(c) Based upon air quality modeling, EPA determined that the
Huntington County sulfur dioxide (SO<INF>2</INF>) nonattainment area
failed to attain the 2010 SO<INF>2</INF> NAAQS by the applicable
attainment date of April 9, 2023. Therefore, EPA has met the
requirement pursuant to CAA section 179(c) to determine, based on the
Area's air quality as of the attainment date, whether the Area attained
the standard. EPA also determined that Indiana has met the requirements
resulting from failing to attain pursuant to section 179(d) for the
Huntington County SO<INF>2</INF> nonattainment area.
[FR Doc. 2025-15455 Filed 8-13-25; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on August 14, 2025.
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