9036 Federal Register / Vol. 86, No. 27 / Thursday, February 11, 2021 / Proposed Rules 

regulatory action under Executive Order 

12866. 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed 

rulemaking, addressing Pennsylvania’s 

NOX and VOC RACT requirements for 

eight case-by-case facilities for the 1997 

and 2008 8-hour ozone NAAQS, does 

not have tribal implications as specified 

by Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects in 40 CFR Part 52 

Air pollution control, Environmental 

protection, Incorporation by reference, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: February 3, 2021. 

Diana Esher, 

Acting Regional Administrator, Region III. 

[FR Doc. 2021–02587 Filed 2–10–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2020–0387; FRL 10017–05– 

Region 5] 

Air Plan Approval; Indiana; Emissions 

Reporting Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

revision to the Indiana State 

Implementation Plan (SIP) submitted on 

July 16, 2020, by the Indiana 

Department of Environmental 

Management (IDEM). The revision 

incorporates changes to Indiana’s 

existing emission reporting rule to be 

consistent with the emissions statement 

requirements in the Clean Air Act 

(CAA). The CAA requires stationary 

sources in ozone nonattainment areas to 

submit annual emissions statements. 

The revision to the rule extends the 

requirements in Indiana’s emission 

reporting rule to Clark and Floyd 

counties, which were designated 

nonattainment under the 2015 ozone 

National Ambient Air Quality Standard 

(NAAQS) in 2018, and removes the 

requirement for Lawrenceburg 

Township in Dearborn County and to 

LaPorte County, because these areas are 

currently designated attainment for the 

1997, 2008 and 2015 ozone standards. 

DATES: Comments must be received on 

or before March 15, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2020–0387 at http://

www.regulations.gov or via email to 

blakley.pamela@epa.gov. 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: 

Charles Hatten, Environmental 

Engineer, Control Strategies Section, Air 

Programs Branch (AR 18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–6031, 

hatten.charles@epa.gov. 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. 

I. Emissions Statement Rule 

Requirements 

Section 182(a)(3)(B) of the CAA 

requires states with ozone 

nonattainment areas to submit revisions 

to their SIPs to require the owner or 

operator of each stationary source of 

volatile organic compounds (VOC) or 

oxides of nitrogen (NOX) to provide the 

state with an annual statement 

documenting the actual emissions of 

VOC and NOX from their source. This 

requirement applies to each stationary 

source emitting greater than or equal to 

25 tons per year of VOC or NOX in an 

ozone nonattainment area. 

As EPA has promulgated more 

stringent NAAQS for ozone in 1997, 

2008, and 2015, additional areas in 

Indiana have been designated as 

nonattainment. On March 29, 2007 (72 

FR 14681), EPA determined that Indiana 

regulation 326 Indiana Administrative 

Code (IAC) 2–6, Emission Reporting, 

satisfied the requirements of CAA 

Section 182(a)(3)(B) for nonattainment 

areas under the 1997 ozone NAAQS. 

The requirement to submit annual 

emissions statements affected stationary 

sources located in Lake, Porter, and 

LaPorte Counties. On April 7, 2017 (82 

FR 16926), EPA approved into Indiana’s 

SIP a revised version of 326 IAC 2–6 

that extended the emissions reporting 

requirements to Lawrenceburg 

Township, Dearborn County, which had 

been designated nonattainment under 

the 2008 ozone NAAQS. In a separate 

action, on April 7, 2017 (82 FR 16934), 

EPA approved Indiana’s emissions 

reporting requirements for Lake and 

Porter counties designated 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 86, No. 27 / Thursday, February 11, 2021 / Proposed Rules 9037 

nonattainment under the 2008 ozone 

NAAQS. 

On October 26, 2015 (80 FR 65292), 

EPA promulgated a revised ozone 

NAAQS of 0.070 parts per million 

(ppm). Clark and Floyd Counties, 

Indiana were designated nonattainment 

for the 2015 ozone NAAQS on August 

3, 2018 (83 FR 25776). 

Under the existing federally approved 

SIP for Indiana, the emission statement 

requirements apply to Lake, Porter, 

LaPorte, and Dearborn (Lawrenceburg 

Township) Counties. On July 16, 2020, 

IDEM submitted a request that EPA 

approve the revisions to the existing 

emission reporting rule, 326 IAC 2–6, to 

be consistent with the current emissions 

statement requirements for stationary 

sources in section 182(a)(3)(B) of the 

CAA. 

II. What changes is Indiana requesting? 

The changes to the SIP revise the 

applicability of the emission reporting 

rule, 326 IAC 2–6–1. IDEM is adding 

Clark and Floyd Counties, designated 

nonattainment for the 2015 ozone 

NAAQS, to the list of areas for which 

stationary sources that emit 25 tons or 

more per year of VOC or NOX must 

submit annual emissions statement to 

IDEM. In addition, IDEM is removing 

the applicability of the emission 

reporting rule to Lawrenceburg 

Township in Dearborn County and to 

LaPorte County. Once an area meets the 

ozone standard and is redesignated to 

attainment, sources in the area are no 

longer subject to the emissions 

statement requirements of the CAA. 

LaPorte County and Lawrenceburg 

Township in Dearborn County have 

both been redesignated to attainment of 

the ozone standard. LaPorte County was 

redesignated to attainment of the 1997 

ozone standard on July 19, 2007 (72 FR 

39574); and designated as attainment of 

the 2008 ozone standard on May 21, 

2012 (77 FR 30088). Lawrenceburg 

Township in Dearborn County was 

redesignated to attainment of the 2008 

ozone standard on April 7, 2017 (82 FR 

16943). Also, these two areas were 

designated as attainment of the 2015 

ozone standard on June 4, 2018 (83 FR 

25776) and therefore, they are attaining 

all ozone standards. Thus, IDEM has 

revised the applicability of regulation 

326 IAC 2–6–1 to discontinue the 

emission reporting requirement for 

stationary sources the areas of 

Lawrenceburg Township in Dearborn 

County and LaPorte County to submit 

annual emissions statements. 

III. EPA’s Analysis of Indiana’s 

Submittal 

Indiana’s revised version of 326 IAC 

2–6–1 appropriately extends the 

emissions statement requirements to 

Clark and Floyd Counties, and removes 

the requirement for Lawrenceburg 

Township in Dearborn County and 

LaPorte County. Indiana’s emissions 

reporting rule correctly reflects areas for 

which the CAA requires stationary 

sources to submit annual emissions 

statements. 

IV. What action is EPA taking? 

As discussed above, EPA is proposing 

to approve the revisions to the emission 

reporting rule, 326 IAC 2–6–1, into 

Indiana’s SIP, as submitted on July 16, 

2020, to address the CAA emission 

statement requirement in section 

182(a)(3)(B). 

V. Incorporation by Reference 

In this rule, EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, EPA is 

proposing to incorporate by reference 

Indiana rule 326 IAC 2–6–1 

‘‘Applicability’’, effective on April 4, 

2020. EPA has made, and will continue 

to make, these documents generally 

available through www.regulations.gov 

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). 

VI. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Is not an Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

action because it is not a significant 

regulatory action under Executive Order 

12866; 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

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). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen dioxide, Ozone, 

Volatile organic compounds. 

Dated: February 4, 2021. 

Cheryl Newton, 

Acting Regional Administrator, Region 5. 

[FR Doc. 2021–02742 Filed 2–10–21; 8:45 am] 

BILLING CODE 6560–50–P 


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