Federal Register / Vol. 86, No. 27 / Thursday, February 11, 2021 / Proposed Rules 9039 

hour. The revised rule adds a 

requirement that Cokenergy install, 

operate, and maintain a permanent SO2

flow rate monitor to continuously 

measure the flow rate in the heat 

recovery coke carbonization waste gas 

stack. 

The revised proposed rule 326 IAC 7– 

4.1–8 continues to require that IHCC 

comply with the following 

requirements: The coke ovens must 

recycle the gases emitted during the 

coking process in such a way that the 

recycled gases must be the only fuel 

source used for the ovens during normal 

operations, the gases must not be routed 

directly to the atmosphere unless they 

first pass through the common tunnel 

afterburner, and a maximum of 19% of 

the coke oven waste gases leaving the 

common tunnel may be vented to the 

atmosphere on a 24-hour basis. The 

sulfur dioxide limits on IHCC’s coke 

oven battery operations in 326 IAC 7– 

4.1–8(a) are unchanged. 326 IAC 7–4.1– 

8 includes the same new limitations on 

bypass vent stack usage as in 326 IAC 

7–4.1–7, as discussed above. The 

rulemaking also includes technical 

corrections and clarifications that do not 

have a substantive effect of the 

application of the rules. 

III. Compliance With the Clean Air Act 

(CAA) 

CAA section 110(l) states that SIP 

revisions cannot be approved if they 

interfere with applicable requirements 

concerning attainment and reasonable 

further progress. EPA proposes to find 

that this proposed action is consistent 

with CAA section 110(l) because the 

proposed changes retain and/or tighten 

the existing SO2 limits. EPA is therefore 

proposing to approve Indiana’s revised 

rules 326 IAC 7–4.1–7 and 326 IAC 7– 

4.1–8. 

IV. What action is EPA taking? 

EPA is proposing to approve Indiana’s 

July 10, 2020 request to revise 326 IAC 

7–4.1–7 and 326 IAC 7–4.1–8. The 

proposed SO2 SIP revisions are expected 

to strengthen the SIP and will also fulfill 

the requirements of the Federal consent 

decree with Cokenergy LLC and IHCC. 

V. Incorporation by Reference 

In this proposed 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 rules 326 IAC 7–4.1– 

7 ‘‘Cokenergy LLC sulfur dioxide 

emission limitations’’ and 326 IAC 7– 

4.1–8 ‘‘Indiana Harbor Coke Company 

sulfur dioxide emission limitations’’, 

effective on April 24, 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, Intergovernmental relations, 

Reporting and recordkeeping 

requirements, Sulfur oxides. 

Dated: February 3, 2021. 

Cheryl Newton, 

Acting Regional Administrator, Region 5. 

[FR Doc. 2021–02741 Filed 2–10–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2020–0559; FRL–10019– 

84–Region 5] 

Air Plan Approval; Ohio; Ohio NSR 

Permit Timing 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

revised paragraph of the Ohio Revised 

Code (ORC) into Ohio’s state 

implementation plan (SIP) under the 

Clean Air Act (CAA). This revision will 

allow for the extension of an installation 

permit which is the subject of an appeal 

by a party other than the owner or 

operator of the air contaminant source. 

The extension will allow the date of 

termination of the permit to be no later 

than eighteen months after the effective 

date of the permit plus the number of 

days between the date in which the 

permit was appealed and the date the 

appeal was resolved. 

DATES: Comments must be received on 

or before March 15, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2020–0559 at http://

www.regulations.gov, or via email to 

damico.genevieve@epa.gov. For 


khammond on DSKJM1Z7X2PROD with PROPOSALS
9040 Federal Register / Vol. 86, No. 27 / Thursday, February 11, 2021 / Proposed Rules 

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: 

Charmagne Ackerman, Environmental 

Engineer, Air Permits Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–0448, 

ackerman.charmagne@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. What action is EPA taking? 

EPA is proposing to approve 

paragraph (F)(2)(b)(iv) of ORC 3740.03 

into the Ohio SIP. On October 27, 2020, 

EPA received a submittal from the Ohio 

Environmental Protection Agency 

(OEPA) requesting the approval of the 

ORC Permit Expiration Provision at 

ORC 3740.03 (F)(2)(b)(iv) into Ohio’s 

SIP. In 2009, the Ohio General 

Assembly modified portions of ORC 

3704.03 to update the requirements for 

the expiration of air pollution 

installation permits. Specifically, the 

modification included paragraph 

(F)(2)(b), which prescribes that 

installation permits are initially 

effective for 18 months, but the 18- 

month time period can be modified for 

cause as described in the law. This 

portion of the ORC became effective 

October 16, 2009. 

The majority of the provisions in ORC 

3704.03 paragraph (F)(2)(b) are 

contained in Ohio Administrative Code 

(OAC) rule 3745–31–07, which was 

most recently approved into the SIP on 

August 24, 2015 (80 FR 36477). 

However, paragraph (F)(2)(b)(iv) is not 

part of OAC 3745–31–07, and OEPA has 

requested that the paragraph be 

approved into the SIP. 

On January 12, 2021, OEPA submitted 

a letter to further clarify several 

implementation aspects of the 

submittal, as discussed below. 

Paragraph (F)(2)(b)(iv) allows for an 

installation permit to be extended 

beyond 18 months if the installation 

permit is subject to appeal by a party 

other than the owner or operator of the 

air contaminant source that is subject of 

the installation permit. In the case as 

described, the termination date of the 

installation permit will not be later than 

18 months after the effective date of the 

permit plus the number of days between 

the date in which the permit was 

appealed and the date on which all 

appeals concerning the permit have 

been resolved. The Federal Prevention 

of Significant Deterioration (PSD) rules 

at 40 CFR 52.21(r)(2) describes the 

timing that the owner/operator must 

begin construction of a PSD source 

including the requirement that the 

construction must start within 18 

months after receipt of approval. 

Subparagraph (r)(2) also stated that the 

EPA Administrator may extend the 18- 

month time period upon a satisfactory 

showing that an extension is justified. 

EPA finds that the language in 

paragraph (F)(2)(b)(iv) is consistent with 

the Federal PSD regulations. 

The January 12, 2021, letter from 

OEPA provided assurance that in the 

instance of a lengthy appeal process, 

OEPA fully maintains its discretion to 

re-assess the permit to ensure that it is 

consistent with Federal regulations and 

guidance. Additionally, OEPA is able to 

utilize existing mechanisms on its 

website to notify the public of the 

extended permit. These clarifications 

ensure that the provisions are consistent 

with Federal regulations, and thus, 

approvable. Since it only affects the 

timing associated with an affected 

installation permit’s termination date, 

the requested SIP revision does not 

impact the amount of emissions 

associated with any law, rule, or permit. 

Thus, the revision does not interfere 

with any applicable requirement 

concerning attainment and reasonable 

further progress (as defined in CAA 

Section 171), or any other applicable 

requirements of the CAA. Therefore, a 

detailed CAA Section 110(l) analysis is 

not necessary. 

II. Incorporation by Reference 

In this action, 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 

Ohio Revised Code section 

3704.03(F)(2)(b)(iv), effective October 

16, 2009, discussed in Section I of this 

action. 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). 

III. 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 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 86, No. 27 / Thursday, February 11, 2021 / Proposed Rules 9041 

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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: February 4, 2021. 

Cheryl Newton, 

Acting Regional Administrator, Region 5. 

[FR Doc. 2021–02746 Filed 2–10–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2020–0166; FRL–10017– 

19–Region 6] 

Air Plan Approval; Texas; Clean Air 

Act Requirements for Nonattainment 

New Source Review and Emission 

Statements for the 2015 Ozone 

National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: Pursuant to the Federal Clean 

Air Act (CAA or the Act), the 

Environmental Protection Agency (EPA) 

is proposing to approve the portions of 

a State Implementation Plan (SIP) 

revision submitted by the State of Texas 

that describes how CAA requirements 

for Nonattainment New Source Review 

(NNSR) and emission statements are 

met in the Dallas-Fort Worth (DFW), 

Houston-Galveston-Brazoria (HGB), and 

Bexar County ozone nonattainment 

areas for the 2015 ozone National 

Ambient Air Quality Standards 

(NAAQS). 

DATES: Written comments must be 

received on or before March 15, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–R06– 

OAR–2020–0166, at https://

www.regulations.gov or via email to 

young.carl@epa.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

The 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. The 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 Carl Young, 214–665–6645, 

young.carl@epa.gov. For the full EPA 

public comment policy, information 

about CBI or multimedia submissions, 

and general guidance on making 

effective comments, please visit https:// 

www.epa.gov/dockets/commenting-epadockets. 

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov. While all 

documents in the docket are listed in 

the index, some information may not be 

publicly available due to docket file size 

restrictions or content (e.g., CBI). 

FOR FURTHER INFORMATION CONTACT: Carl 

Young, EPA Region 6 Office, 

Infrastructure and Ozone Section, 214– 

665–6645, young.carl@epa.gov. Out of 

an abundance of caution for members of 

the public and our staff, the EPA Region 

6 office will be closed to the public to 

reduce the risk of transmitting COVID– 

19. We encourage the public to submit 

comments via https://

www.regulations.gov, as there will be a 

delay in processing mail and no courier 

or hand deliveries will be accepted. 

Please call or email the contact listed 

above if you need alternative access to 

material indexed but not provided in 

the docket. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

the EPA. 

I. Background 

Ground-level ozone is a gas that is 

formed by the reaction of Volatile 

Organic Compounds (VOC) and Oxides 

of Nitrogen (NOX) in the atmosphere in 

the presence of sunlight. These 

precursors (VOC and NOX) are emitted 

by many types of pollution sources, 

including point sources such as power 

plants and industrial emissions sources; 

on-road and off-road mobile sources 

(motor vehicles and engines); and 

smaller residential and commercial 

sources, such as dry cleaners, auto body 

shops, and household paints, 

collectively referred to as area sources. 

Ozone is predominately a summertime 

air pollutant (83 FR 25777, June 4, 

2018). 

On October 1, 2015, we revised the 

ozone NAAQS to a level of 0.070 parts 

per million (ppm) (annual fourthhighest daily maximum 8-hour average 

concentration, averaged over 3 years). 

See 80 FR 65296, October 26, 2015; and 

40 CFR 50, appendix U for more 

information on the revised 2015 ozone 

NAAQS, including a detailed 

explanation of the calculation of the 3- 

year 8-hour average. The revised 2015 

ozone NAAQS provide greater 

protection of public health and the 

environment than the previous ozone 

NAAQS of 0.075 ppm, set in 2008. 

Although the 2015 ozone NAAQS retain 

the same general form and averaging 

time as the NAAQS set in 2008, the 

lower level is more protective. 

The DFW and HGB areas were 

classified as Marginal ozone 

nonattainment areas for the 2015 ozone 

NAAQS with an attainment deadline of 

August 3, 2021 (83 FR 25776, June 4, 

2018). Bexar County (which includes 

the City of San Antonio) was also 

classified as a Marginal ozone 

nonattainment area with an attainment 

deadline of September 24, 2021 (83 FR 

35136, July 25, 2018). The DFW area 

consists of Collin, Dallas, Denton, Ellis, 

Johnson, Kaufman, Parker, Tarrant, and 

Wise Counties. The HGB area consists of 

Brazoria, Chambers, Fort Bend, 

Galveston, Harris, and Montgomery 

Counties. 

On June 24, 2020, Texas submitted a 

SIP revision for the DFW, HGB and 

Bexar County areas. The SIP revision 

included a description of how 

provisions previously approved by EPA 

meet the 2015 ozone NAAQS Marginal 

area CAA requirements for (1) NNSR 


khammond on DSKJM1Z7X2PROD with PROPOSALS