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.

Proposed Rules Federal Register

2731 

Vol. 87, No. 12 

Wednesday, January 19, 2022 

DEPARTMENT OF ENERGY 

10 CFR Parts 429, 430, and 431 

[EERE–2019–BT–TP–0032] 

RIN 1904–AE77 

Energy Conservation Program: Test 

Procedure for Consumer Water 

Heaters and Residential-Duty 

Commercial Water Heaters 

Correction 

In proposed rule document 2021– 

27004, appearing on pages 1554–1614, 

in the issue of Tuesday, January 11, 

2022, make the following correction: 

On page 1554, in the first column, in 

the DATES section, in the second 

paragraph, in the second line: ‘‘Tuesday, 

January 25, 2022,’’ should read 

‘‘Thursday, January 27, 2022,’’. 

[FR Doc. C1–2021–27004 Filed 1–18–22; 8:45 am] 

BILLING CODE 0099–10–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2021–0535; FRL–9444–01– 

R5] 

Air Plan Approval; Wisconsin; 

Wisconsin Nonattainment New Source 

Review Certification for the 2015 

Ozone NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve, 

as a State Implementation Plan (SIP) 

revision, Wisconsin’s certification that 

its SIP satisfies the nonattainment new 

source review (NNSR) requirements of 

the Clean Air Act (CAA) for the 2015 

ozone National Ambient Air Quality 

Standard (NAAQS). 

DATES: Comments must be received on 

or before February 18, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2021–0535 at http://

www.regulations.gov or via email to 

damico.genevieve@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: 

Rachel Rineheart, Environmental 

Engineer, Air Permit Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–7017, 

rineheart.rachel@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: In the 

Final Rules section of this Federal 

Register, EPA is approving the State’s 

SIP submittal as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no relevant adverse comments 

are received in response to this rule, no 

further activity is contemplated. If EPA 

receives such comments, the direct final 

rule will be withdrawn and all public 

comments received will be addressed in 

a subsequent final rule based on this 

proposed rule. EPA will not institute a 

second comment period. Any parties 

interested in commenting on this action 

should do so at this time. Please note 

that if EPA receives adverse comment 

on an amendment, paragraph, or section 

of this rule and if that provision may be 

severed from the remainder of the rule, 

EPA may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. For additional 

information, see the direct final rule 

which is located in the Rules section of 

this Federal Register. 

Dated: January 12, 2022. 

Debra Shore, 

Regional Administrator, Region 5. 

[FR Doc. 2022–00934 Filed 1–18–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 70 

[EPA–R05–OAR–2008–0138; EPA–R05– 

OAR–2011–0827; FRL–9397–01–R5] 

Air Plan Approval; Indiana, Ohio; 

Definition of Chemical Process Plants 

Under State Prevention of Significant 

Deterioration Regulations and 

Operating Permit Programs 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

revisions to the State Implementation 

Plan (SIP) for Indiana and revisions to 

the Operating Permit Program for Ohio. 

The proposed revisions incorporate 

changes to the definition of ‘‘chemical 

process plants’’ under Indiana’s 

Prevention of Significant Deterioration 

(PSD) regulations and under Ohio’s 

operating permit program. EPA is also 

providing an opportunity for public 

comment on similar changes to the 

definition of ‘‘major stationary source’’ 

in Ohio’s PSD regulations that were 

approved into the SIP on October 28, 

2014. This opportunity is being 

provided because these revisions were 

not explicitly discussed in the 

corresponding Federal Register action. 

The changes to the state rules described 

below are approvable because they are 

consistent with EPA regulations 

governing state PSD and title V 


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programs and will not interfere with any 

applicable requirement concerning 

attainment and reasonable further 

progress (as defined in section 171 of 

the Clean Air Act (CAA)), or any other 

applicable requirement of the CAA. 

DATES: Comments must be received on 

or before February 18, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2011–0827 (Indiana) or EPA–R05– 

OAR–2008–0138 (Ohio) at https://

www.regulations.gov, or via email to 

damico.genevieve@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 

https://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: For 

information regarding Indiana’s PSD 

permit program: Michael Langman, 

Physical Scientist, Air Permit Section, 

Air Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–6867, 

langman.michael@epa.gov. For 

information regarding Ohio’s title V 

operating permit or PSD permit 

programs: Mari Gonza ́lez, 

Environmental Engineer, Air Permit 

Section, Air Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–6175, 

gonzalez.mari@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 is being addressed in this document? 

II. Background 

A. PSD Permitting Thresholds for Chemical 

Process Plants Prior to the 2007 Ethanol 

Rule 

B. Title V Permitting Thresholds for 

Chemical Process Plants Prior to the 

2007 Ethanol Rule 

C. Ethanol Rule 

D. Petitions for Review and 

Reconsideration of the 2007 Ethanol 

Rule 

III. What revisions to the Indiana SIP is EPA 

proposing to approve? 

IV. What revisions are being proposed by 

EPA in Ohio? 

V. What action is EPA taking? 

VI. Incorporation by Reference 

VII. Statutory and Executive Order Reviews 

I. What is being addressed in this 

document? 

EPA is proposing to approve revisions 

to a SIP submission received from 

Indiana on September 21, 2011. EPA is 

also proposing to approve revisions to 

the Ohio Title V Operating Permit 

Program and providing an opportunity 

for the public to provide comments on 

related revisions to Ohio’s PSD 

regulations that were approved on 

October 28, 2014 (79 FR 64119). These 

revisions address changes made to EPA 

regulations that are reflected in EPA’s 

final rule entitled ‘‘Prevention of 

Significant Deterioration, 

Nonattainment New Source Review (NA 

NSR), and Title V: Treatment of Certain 

Ethanol Production Facilities Under the 

‘Major Emitting Facility’ Definition’’ 

(hereinafter referred to as the ‘‘2007 

Ethanol Rule’’) as published in the 

Federal Register on May 1, 2007 (72 FR 

24059). The 2007 Ethanol Rule amended 

the PSD definition of ‘‘major stationary 

source’’ in the Federal PSD regulations 

(40 CFR 51.166 paragraphs (b)(1)(i)(a), 

(b)(1)(iii)(t) and (i)(1)(ii)(t)) to exclude 

certain ethanol facilities from the 

‘‘chemical process plant’’ source 

category. In doing so, it established the 

PSD major source threshold for ethanol 

production facilities at 250 tons per year 

(tpy) rather than 100 tpy. The 2007 

Ethanol Rule also removes the 

requirement to include fugitive 

emissions when determining if an 

ethanol production facility is major for 

PSD and title V permitting. 

On October 21, 2019, EPA responded 

to a petition for reconsideration of the 

2007 Ethanol Rule, denying the petition 

with respect to the revisions of the PSD 

regulations reflected in that rule (as 

described in more detail below). EPA is 

now proposing to approve revisions to 

Indiana’s SIP and Ohio’s operating 

permit program that are based on a part 

of the 2007 Ethanol Rule. 

II. Background 

A. PSD Permitting Thresholds for 

Chemical Process Plants Prior to the 

2007 Ethanol Rule 

Under the CAA, there are two 

potential thresholds for determining 

whether a source is a major emitting 

facility that is potentially subject to the 

construction permitting requirements 

under the PSD program. One threshold 

is 100 tpy per pollutant, and the other 

is 250 tpy per pollutant. Section 169(1) 

of the CAA lists twenty-eight source 

categories that qualify as major emitting 

facilities if their emissions exceed the 

100 tpy threshold. If the source does not 

fall within one of twenty-eight source 

categories listed in section 169, then the 

250 tpy threshold is applicable. 

One of the source categories in the list 

of twenty-eight source categories to 

which the 100 tpy threshold applies is 

chemical process plants. Since the 

Standard Industrial Classification (SIC) 

code for chemical process plants 

includes facilities primarily engaged in 

manufacturing ethanol fuel, the EPA 

and states had previously considered 

such facilities to be subject to the 100 

tpy thresholds. 

As a result of this classification, 

pursuant to the EPA regulations adopted 

under section 302(j) of the CAA, 

chemical process plants were also 

required to include fugitive emissions 

for determining the potential emissions 

of such sources. Thus, prior to 

promulgation of the 2007 Ethanol Rule, 

the classification of fuel and industrial 

ethanol facilities as chemical process 

plants had the effect of requiring these 

plants to include fugitive emissions of 

criteria pollutants when determining 

whether their emissions exceed the 

applicability thresholds for the PSD and 

non-attainment NSR permit programs. 

B. Title V Permitting Thresholds for 

Chemical Process Plants Prior to the 

2007 Ethanol Rule 

The CAA also establishes 

requirements for determining 

applicability for the title V operating 

permit program. All title V major 

sources must obtain a title V permit. 

Section 501(2) of the CAA defines major 

source for the purposes of the title V 

program as a major source as defined by 

section 112 of the CAA or a major 

stationary source as defined in section 

302 or part D of title I of the CAA. Under 

the general definition of ‘‘major 

stationary source’’ in section 302(j) of 

the CAA, the major source threshold for 


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any air pollutant is 100 tons per year. 

Under the NSR requirements of Part D 

of title I of the CAA, lower thresholds 

for major sources can apply dependent 

upon the pollutant and the severity of 

the nonattainment classification. Major 

source thresholds for hazardous air 

pollutants (HAP) under section 112 of 

the CAA are 10 tpy of a single HAP or 

25 tpy for any combination of HAPs. A 

source with emissions that exceed one 

of these thresholds is required to obtain 

a title V operating permit. 

Section 502 of the CAA and EPA 

regulations provide that sources that 

belong to one of 28 categories listed in 

40 CFR 70.2 must include fugitive 

emissions in determining applicability. 

The list of 28 source categories may also 

be included in approved state operating 

permit regulations. 

C. Ethanol Rule 

On May 1, 2007, EPA published the 

2007 Ethanol Rule in the Federal 

Register (72 FR 24060). This final rule 

amended the PSD and NA NSR 

regulations to exclude ethanol 

manufacturing facilities that produce 

ethanol by natural fermentation 

processes from the ‘‘chemical process 

plants’’ category under the regulatory 

definition of ‘‘major stationary source.’’ 

This change to the NSR regulations 

affected the threshold used to determine 

PSD applicability for these ethanol 

production facilities, clarifying that 

such facilities were subject to the 250 

ton per year major source threshold. The 

2007 Ethanol Rule also changed how 

fugitive emissions are considered for 

affected ethanol production facilities. 

Because they would no longer be 

considered as part of the ‘‘chemical 

process plants’’ category, ethanol 

facilities would no longer be required to 

include fugitive emissions when 

determining major source status under 

PSD, NA NSR, and Title V. 

D. Petitions for Review and 

Reconsideration of the 2007 Ethanol 

Rule 

On July 2, 2007, the National 

Resources Defense Council (NRDC) 

petitioned the U.S. Court of Appeals for 

the D.C. Circuit (D.C. Circuit) to review 

the 2007 Ethanol Rule. On that same 

day, EPA received a petition for 

administrative reconsideration and 

request for stay of the 2007 Ethanol Rule 

from NRDC. On March 27, 2008, the 

EPA denied NRDC’s 2007 

administrative petition for 

reconsideration. 

On March 2, 2009, EPA received a 

second petition for reconsideration and 

a request for stay from NRDC. In 2009, 

NRDC also filed a petition for judicial 

review challenging EPA’s March 27, 

2008, denial of NRDC’s 2007 

administrative petition in the D.C. 

Circuit. This challenge was consolidated 

with NRDC’s challenge to the 2007 

Ethanol Rule. In August of 2009, the 

D.C. Circuit granted a joint motion to 

hold the case in abeyance, and the case 

has remained in abeyance. 

On October 21, 2019, EPA partially 

granted and partially denied NRDC’s 

2009 administrative petition for 

reconsideration. Specifically, EPA 

granted the request for reconsideration 

with regard to NRDC’s claim that the 

2007 Ethanol Rule did not appropriately 

address the CAA section 193 

antibacksliding requirements for 

nonattainment areas. 

III. What revisions to the Indiana SIP 

is EPA proposing to approve? 

On September 21, 2011, EPA received 

a request from Indiana to revise its SIP. 

More specifically, Indiana requested 

EPA to approve its PSD rules at 326 

Indiana Administrative Code (IAC) 2–2– 

1 and NA NSR program rules at 326 IAC 

2–3–2 to exclude ethanol production 

facilities that produce ethanol by 

natural fermentation from the chemical 

process plant source category. 

In this action, EPA is proposing to 

approve the revisions to Indiana’s PSD 

program at 326 IAC 2–2–1 related to the 

2007 Ethanol Rule. EPA is taking no 

action at this time on Indiana’s request 

to revise its NA NSR program at 326 IAC 

2–3–2. Although Indiana also amended 

its Title V program at 326 IAC 2–7, EPA 

is not taking action with respect to 

Indiana’s Title V operating permit 

program because Indiana did not 

request such a revision. 

Pursuant to 40 CFR part 51 appendix 

V section 1.2, Indiana’s September 2011 

SIP submission was deemed complete 

by operation of law on March 21, 2012, 

six months after receipt of the request. 

The submission includes a formal 

signed and dated letter requesting 

approval of the revision to Indiana’s 

PSD rules, a copy of the actual 

regulation, evidence showing that the 

state followed all procedural 

requirements, evidence that public 

notice was given of the proposed 

change, and certification that public 

hearings were held. IDEM adopted the 

revised PSD rules on May 4, 2011, after 

receiving no comments during the 

public comment period. The revised 

PSD rules became effective on August 

20, 2011. 

The state rule submitted for approval 

revised the PSD definition of ‘‘major 

stationary source’’ at 326 IAC 2–2–1(ff) 

to exclude certain ethanol production 

facilities that produce ethanol by 

natural fermentation from the chemical 

process plant source category. As a 

result of this revision, an ethanol 

production facility is subject to the 250 

tpy PSD major stationary source 

threshold and is no longer required to 

consider fugitive emissions when 

determining its PSD major stationary 

source applicability. The ethanol 

production plants excluded from the 

chemical process plant source category 

at 326 IAC 2–2–1(ff) are identified by 

NAICS codes—these codes are the same 

as those identified in the 2007 Ethanol 

Rule and as identified at 40 CFR 

51.166(b)(1)(i)(a). 

EPA is proposing to approve the 2011 

changes to 326 IAC 2–2–1(ff) into the 

Indiana SIP. Because sources in NAICS 

codes 325193 and 312140 that produce 

ethanol by natural fermentation are 

being excluded from the chemical 

process plant source category, EPA has 

determined that the requested changes 

to Indiana’s PSD rules are consistent 

with the current PSD requirements at 40 

CFR 51.166. 40 CFR 51.166(b)(1)(i)(a) 

excludes ethanol production facilities 

that produce ethanol by natural 

fermentation included in NAICS codes 

325193 or 312140 from the chemical 

process plant source category. 

EPA has determined that the 

proposed revision will not interfere 

with any applicable requirement 

concerning attainment and reasonable 

further progress, or any other applicable 

requirement of the CAA as required by 

section 110(l) of the CAA. Our 

determination is based on an analysis of 

Indiana’s ethanol production trends, 

existing ethanol production permit 

requirements and locations with respect 

to ambient air monitoring, Indiana’s 

statewide emissions inventory, 

Indiana’s air quality design value 

trends, and representative 

photochemical modeling results for 

ozone and secondary fine particulate 

(PM2.5) formation. Our analysis is 

included in the docket for this 

rulemaking. 

Our analysis shows that Indiana’s 

existing ethanol production facilities 

contribute 2% or less of each criteria 

pollutant when compared to statewide 

facility emissions. Indiana’s total 

ethanol production has increased since 

2007 but the state’s air quality has 

steadily improved in general. 

Photochemical modeling of hypothetical 

sources representative of ethanol 

production facilities shows that ozone 

formation as a result of oxides of 

nitrogen (NOX) and volatile organic 

compounds (VOC) emissions and 

secondary PM2.5 formation as a result of 

NOX and sulfur dioxide (SO2) emissions 

will not themselves cause or contribute 


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to a violation of the ozone or PM2.5

National Ambient Air Quality Standard 

(NAAQS). In addition, the applicability 

of Federal and state requirements to 

ethanol production facilities in Indiana, 

such as New Source Performance 

Standards at 40 CFR part 60 and 

National Emission Standards for 

Hazardous Air Pollutants at 40 CFR 

parts 61 and 63, will remain unaffected 

by this action. 

IV. What revisions are being proposed 

by EPA in Ohio? 

On February 7, 2008, EPA received a 

request from Ohio EPA to revise its SIP. 

This submittal included changes to the 

definition of ‘‘major stationary source’’ 

under Ohio Administrative Code (OAC) 

chapters 3745–31–01 and 3745–77–01, 

which incorporate into Ohio regulations 

the changes EPA made to Federal PSD 

and title V regulations in the 2007 

Ethanol Rule. The changes to the 

definition of ‘‘major stationary source’’ 

in the PSD regulations in OAC chapter 

3745–31–01 were approved into the SIP 

on October 28, 2014, but these changes 

were not explicitly discussed in the 

final rulemaking action that was 

published in the Federal Register (79 

FR 64119). Therefore, the technical 

support document (TSD) that is 

available as part of this docket was 

developed to demonstrate that the 

changes which were approved into 

Ohio’s SIP in 2014 related to the 

Ethanol Rule and the corresponding title 

V revisions will not interfere with any 

applicable requirement concerning 

attainment and reasonable further 

progress or any other applicable CAA 

requirement. In this action, EPA is 

proposing to approve the title V changes 

in OAC 3745–77–01 relating to the 2007 

Ethanol Rule and providing an 

opportunity for public comment on 

those changes, as well as the changes to 

the PSD program in OAC 3745–31–01 

relating to the 2007 Ethanol Rule that 

were approved into Ohio’s SIP in 2014. 

The changes to the PSD program that 

EPA approved in 2014 are revisions 

under the definition of ‘‘major 

stationary source’’ for stationary sources 

located in an attainment area that emit 

or have the potential to emit 100 tpy or 

more of any regulated NSR pollutant. 

Ethanol facilities that produce ethanol 

through natural fermentation were 

excluded from the definition of 

‘‘chemical process plants.’’ 

EPA has determined that these 

changes are consistent with the current 

PSD requirements at 40 CFR 51.166 and 

that the 2014 revisions will not interfere 

with any applicable requirement 

concerning attainment and reasonable 

further progress, or any other applicable 

requirement of the CAA. This 

determination is based on EPA’s 110(l) 

analysis provided in the accompanying 

TSD for Ohio which includes ethanol 

production trends in the state, an 

analysis of air quality design value 

trends, an examination of Ohio’s 

statewide emissions inventory, 

photochemical modeling for ozone and 

secondary PM2.5 formation, maps of 

existing ethanol facilities and ambient 

air monitors, and existing ethanol 

facility permit requirements. The 

analysis demonstrates that emissions 

from ethanol production facilities 

account for less than 1.5% of total point 

source emissions for five criteria 

pollutants examined in Ohio. While 

ethanol production has steadily 

increased in Ohio since 2007, in 

general, air quality has improved 

throughout the state as demonstrated by 

the downward trend in design values for 

criteria pollutants. Photochemical 

modeling for ozone based on NOX and 

VOC emissions and secondary PM2.5

formation based on NOX and SO2

emissions from hypothetical ethanol 

sources demonstrates that that new 

ethanol sources and major modifications 

at existing sources would not likely 

cause a violation of the NAAQS. The 

analysis also includes a discussion of 

existing Federal requirements that limit 

emissions to which Ohio’s ethanol 

facilities are subject. 

The regulations that EPA approved 

under the PSD program and is 

proposing to approve under Ohio’s title 

V program adopt language that is the 

same as or consistent with the language 

of EPA’s 2007 Ethanol Rule. The state 

regulations that EPA is proposing to 

approve under the title V program 

similarly exclude production facilities 

that produce ethanol by natural 

fermentation from the ‘‘chemical 

process plants’’ category. These 

revisions clarify that an ethanol facility 

need not include fugitive emissions 

when determining major source 

applicability under title V. 

EPA is proposing to approve the 

revision to the Ohio title V Operating 

Permit Program under the definition of 

‘‘Major source’’ for a major stationary 

source of air pollutants that directly 

emits or has the potential to emit 100 

tpy or more of any pollutants. EPA has 

determined that these changes are 

consistent with the current 

requirements for title V under 40 CFR 

part 70. 

Based on the 110(l) analysis provided 

in the Ohio TSD that is available as part 

of this docket, EPA concludes that the 

changes which were approved into 

Ohio’s PSD SIP in 2014 related to the 

Ethanol Rule and the corresponding title 

V revisions will not interfere with any 

applicable requirement concerning 

attainment and reasonable further 

progress or any other applicable CAA 

requirement. 

V. What action is EPA taking? 

EPA is proposing to approve revisions 

to the Indiana SIP in 40 CFR 52.770. 

EPA is also proposing to approve 

revisions to the Ohio title V Operating 

Permit Program in 40 CFR 70 appendix 

A, and providing an opportunity for 

public comment on the 2014 revisions 

to the Ohio PSD SIP in 40 CFR 52.1870 

related to the 2007 Ethanol Rule. The 

revisions that EPA is proposing to 

approve change the definition of ‘‘major 

stationary source’’ under Indiana’s PSD 

regulations and Ohio’s Operating Permit 

Program. EPA is not taking action on 

changes related to NA NSR in this 

action. This action would approve 

changes to the state regulations that 

establish that the PSD applicability 

threshold for certain ethanol plants is 

250 tpy and remove the requirement to 

include fugitive emissions when 

determining if an ethanol plant is 

subject to major source requirements 

under PSD and the title V Operating 

Permit Programs. EPA has determined 

that these revisions are consistent with 

EPA’s PSD and title V regulations and 

that approval of these revisions is 

consistent with the requirements of 

CAA section 110(l) and will not 

adversely impact air quality. 

VI. 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 

for Indiana rule 326 IAC 2–2–1(ff), 

effective August 20, 2011. 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). 

VII. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

and state Title V program submissions 

that comply with the provisions of the 

CAA and applicable Federal regulations. 

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

U.S.C. 7661a(d); 40 CFR 70.1(c), 70.4(i). 

Thus, in reviewing SIP submissions and 

Title V program revision submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 


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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); 

• 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 

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. 

40 CFR Part 70 

Environmental protection, Air 

pollution control, Hazardous 

substances, Incorporation by reference, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

Dated: January 6, 2022. 

Debra Shore, 

Regional Administrator, Region 5. 

[FR Doc. 2022–00467 Filed 1–18–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 87, 1030, and 1031 

[EPA–HQ–OAR–2019–0660; FRL–9354–02 

OAR] 

RIN 2060–AU69 

Control of Air Pollution From Aircraft 

Engines: Emission Standards and Test 

Procedures; Rescheduling of Public 

Hearing 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; rescheduling of 

public hearing. 

SUMMARY: The Environmental Protection 

Agency (EPA) is announcing a virtual 

public hearing to be held on February 

17, 2022, on its proposed rulemaking for 

particulate matter (PM) emission 

standards for aircraft engines, which 

was signed on December 17, 2021. This 

hearing is being rescheduled from the 

previous date of January 20, 2022. 

DATES: EPA will hold a virtual public 

hearing on February 17, 2022. The 

hearing will begin at 1 p.m. Eastern 

Time (ET) and end when all parties who 

wish to speak have had an opportunity 

to do so. Please refer to the 

SUPPLEMENTARY INFORMATION section for 

additional information on the public 

hearing. 

ADDRESSES: The public hearing will be 

held virtually. Additional information 

regarding the hearing appears below 

under the SUPPLEMENTARY INFORMATION. 

FOR FURTHER INFORMATION CONTACT: 

Bryan Manning, Office of 

Transportation and Air Quality, 

Assessment and Standards Division, 

Environmental Protection Agency, 2000 

Traverwood Drive, Ann Arbor, MI 

48105; telephone number: 734–214– 

4832; email address: manning.bryan@

epa.gov. 

SUPPLEMENTARY INFORMATION: The 

Environmental Protection Agency (EPA) 

is proposing PM emission standards and 

test procedures applicable to certain 

classes of engines used by civil subsonic 

jet airplanes (those engines with rated 

output of greater than 26.7 kilonewtons 

(kN)). These proposed standards and 

test procedures are equivalent to the 

aircraft engine standards adopted by the 

United Nations’ International Civil 

Aviation Organization (ICAO) in 2017 

and 2020. The proposed rulemaking was 

signed on December 17, 2021, and it 

will be published separately in the 

Federal Register. The pre-publication 

version is available at https://

www.epa.gov/regulations-emissionsvehicles-and-engines/proposed-rulecontrol-air-pollution-aircraft-engines. 

Participation in virtual public 

hearing. Please note that EPA is 

deviating from its typical approach 

because the President has declared a 

national emergency. Because of current 

recommendations from the Centers for 

Disease Control and Prevention (CDC), 

as well as state and local orders for 

social distancing to limit the spread of 

COVID–19, EPA cannot hold in-person 

public meetings at this time. 

EPA is also asking all hearing 

attendees to register for the hearing, 

even those who do not intend to provide 

testimony, by February 14, 2022. 

Information on how to register for the 

hearing can be found at https://

www.epa.gov/regulations-emissionsvehicles-and-engines/proposed-rulecontrol-air-pollution-aircraft-engines. 

For those without internet access, 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

register. 

The last day to pre-register to speak at 

the hearing will be February 14, 2022. 

The virtual public hearing will provide 

interested parties the opportunity to 

present data, views, or arguments 

concerning the proposal (the official 

version of which was signed on 

December 17, 2021 and a copy of which 

is available at https://www.epa.gov/ 

regulations-emissions-vehicles-andengines/proposed-rule-control-airpollution-aircraft-engines). EPA may ask 

clarifying questions during the oral 

presentations but will not respond to 

the presentations at that time. Written 

statements and supporting information 

submitted during the comment period 

will be considered with the same weight 

as any oral comments and supporting 

information presented at the public 

hearing. EPA recommends submitting 

the text of your oral comments as 

written comments to the rulemaking 

Docket ID No. EPA–HQ–OAR–2019– 


jspears on DSK121TN23PROD with PROPOSALS1