Federal Register / Vol. 87, No. 67 / Thursday, April 7, 2022 / Rules and Regulations 20331 

Dated: March 31, 2022. 

Meghan A. McCollister, 

Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, the EPA amends 40 CFR part 

52 as set forth below: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart Q—Iowa 

■ 2. Revise § 52.834 to read as follows: 

§ 52.834 Control strategy: Sulfur dioxide. 

(a) Approval. On April 21, 1997, the 

Iowa Department of Natural Resources 

(IDNR) submitted a maintenance plan 

and redesignation request for the 

Muscatine County nonattainment area 

for the 1971 SO2 national ambient air 

quality standard (NAAQS). The 

maintenance plan and redesignation 

request satisfy all applicable 

requirements of the Clean Air Act. 

(b) Determination of attainment by the 

attainment date. As of May 9, 2022, the 

EPA has determined that the Muscatine, 

Iowa SO2 nonattainment area has 

attained the 2010 1-hour SO2 primary 

NAAQS by the applicable attainment 

date of October 4, 2018. 

[FR Doc. 2022–07291 Filed 4–6–22; 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–9397–02–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: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving revisions to 

the State Implementation Plan (SIP) for 

Indiana and revisions to the operating 

permit program for Ohio. The 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 also provided 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. The changes to the State rules 

described below are approvable because 

they are consistent with EPA regulations 

governing state PSD and title V 

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. EPA 

proposed to approve this action on 

January 19, 2022, and received no 

adverse comments. 

DATES: This final rule is effective on 

May 9, 2022. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2008–0138 (Ohio) 

and EPA–R05–2011–0827 (Indiana). All 

documents in the docket are listed on 

the www.regulations.gov website. 

Although listed in the index, some 

information is not publicly available, 

i.e., Confidential Business Information 

(CBI) 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 

www.regulations.gov 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 and 

facility closures due to COVID–19. We 

recommend that you telephone Michael 

Langman, Physical Scientist, at (312) 

886–6867 or Mari Gonza ́lez, 

Environmental Engineer, at (312) 886– 

6175 before visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: For 

information regarding Indiana’s PSD 

permit program: Michael Langman, 

Physical Scientist, Air Permits 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 Permits 

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. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

I. Background Information 

On January 19, 2022 (87 FR 2731), 

EPA proposed to approve revisions 

excluding ethanol production facilities 

that produce ethanol by natural 

fermentation from the chemical process 

plant source category in Indiana’s PSD 

rules at 326 Indiana Administrative 

Code (IAC) 2–2–1 and Ohio’s title V 

operating permit rules at Ohio 

Administrative Code (OAC) 3745–77– 

01. 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 

(NPRM), and will not be restated here. 

The public comment period for this 

proposed rule ended on February 18, 

2022. EPA received no comments on the 

proposal. 

II. Final Action 

EPA is approving revisions to the 

Indiana SIP in 40 CFR 52.770. EPA is 

also approving revisions to the Ohio 

title V operating permit program in 40 

CFR part 70, appendix A. The revisions 

that EPA is approving change the 

definition of ‘‘major stationary source’’ 

under Indiana’s PSD regulations at 326 

IAC 2–2–1(ff)(1) and Ohio’s operating 

permit program at 3745–77–01(W). EPA 

is not taking action on changes related 

to Indiana’s nonattainment new source 

review regulations in this action. EPA is 

taking no further action with respect to 

the 2014 revisions to the Ohio PSD SIP 

in 40 CFR 52.1870 related to the 2007 

Ethanol Rule because we received no 

comments on this issue in the NPRM. 

As explained in the NPRM, 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. 

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 II 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 

www.regulations.gov, and at the EPA 

Region 5 Office (please contact the 

person identified in the FOR FURTHER


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20332 Federal Register / Vol. 87, No. 67 / Thursday, April 7, 2022 / Rules and Regulations 

1 62 FR 27968 (May 22, 1997). 

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

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

and a state title V program submission 

that complies 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 

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). 

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). 

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 June 6, 2022. 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 

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: March 31, 2022. 

Debra Shore, 

Regional Administrator, Region 5. 

For the reasons stated in the 

preamble, EPA amends 40 CFR parts 52 

and 70 as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

■ 2. In § 52.770, the table in paragraph 

(c) is amended by revising the entries 

for ‘‘2–2–1’’ to read as follows: 

§ 52.770 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED INDIANA REGULATIONS

Indiana citation Subject 

Indiana 

effective 

date 

EPA approval date Notes 

*******

2–2–1 .............. Definitions ......... 3/16/2011 9/28/2011, 76 FR 59899 ........ (a) through (e), (f)(2) through (f)(3), (g) through (cc), (dd)(2) 

through (dd)(3), (ee)(1) through (ee)(2), (ff)(2) through 

(ff)(6), (gg)(1)(A) through (gg)(1)(B), (gg)(2) through 

(gg)(3), (hh) through (rr), (ss)(2) through (ss)(6), (tt) 

through (vv), (ww)(1)(A) through (ww)(1)(E), (ww)(1)(G) 

through (ww)(1)(W), (ww)(2), (xx) through (aaa). 

2–2–1 .............. Definitions ......... 7/11/2012 10/29/2012, 77 FR 65478 ...... (dd)(1), (ff)(7), (ss)(1), (ww)(1)(F) and (ww)(1)(G) only. 

2–2–1 .............. Definitions ......... 7/11/2012 7/2/2014, 79 FR 37646 .......... (f)(1), (ee)(3), and (gg)(1)(C) only. 


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Federal Register / Vol. 87, No. 67 / Thursday, April 7, 2022 / Rules and Regulations 20333 

EPA-APPROVED INDIANA REGULATIONS—Continued 

Indiana citation Subject 

Indiana 

effective 

date 

EPA approval date Notes 

2–2–1 .............. Definitions ......... 9/16/2011 4/7/2022, [INSERT Federal 

Register CITATION].

(ff)(1) only. 

* * * * * * * 

* * * * * 

PART 70—STATE OPERATING PERMIT 

PROGRAMS 

■ 3. The authority citation for part 70 

continues to read as follows: 

Authority: 42 U.S.C. 7401, et seq. 

■ 4. In appendix A to part 70 the entry 

for ‘‘Ohio’’ is amended by adding 

paragraph (e) to read as follows: 

Appendix A to Part 70—Approval 

Status of State and Local Operating 

Permits Programs 

* * * * * 

Ohio 

* * * * * 

(e) The Ohio Environmental Protection 

Agency submitted an operating permits 

program amendment on February 4, 2008. 

The program amendment contained in the 

February 4, 2008 submittal revises the 

definition of major source to exclude ethanol 

production facilities that produce ethanol by 

natural fermentation from the chemical 

process plant source category. The state is 

hereby granted approval effective on May 9, 

2022. 

* * * * * 

[FR Doc. 2022–07285 Filed 4–6–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2021–0154; FRL–9648–01– 

OCSPP] 

Cyantraniliprole; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes a 

tolerance for residues of 

cyantraniliprole in or on sugarcane, 

cane. Syngenta Crop Protection, LLC 

requested this tolerance under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA). 

DATES: This regulation is effective April 

7, 2022. Objections and requests for 

hearings must be received on or before 

June 6, 2022 and must be filed in 

accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2021–0154, is 

available at https://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW, Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room and the OPP 

Docket is (202) 566–1744. 

Due to the public emergency, the EPA 

Docket Center (EPA/DC) and Reading 

Room is closed to visitors with limited 

exceptions. The staff continues to 

provide remote customer service via 

email, phone, and webform. For the 

latest status information on EPA/DC 

services and docket access, visit https:// 

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Marietta Echeverria, Registration 

Division (7505P), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW, 

Washington, DC 20460–0001; main 

telephone number: (202) 566–2659; 

email address: RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Office of the Federal Register’s eCFR site at https://www.ecfr.gov/ 

current/title-40. 

To access the OCSPP test guidelines 

referenced in this document 

electronically, please go to https://

www.epa.gov/ocspp and select ‘‘Test 

Methods and Guidelines.’’ 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2021–0154 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing and must be received 

by the Hearing Clerk on or before June 

6, 2022. Addresses for mail and hand 

delivery of objections and hearing 

requests are provided in 40 CFR 

178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing (excluding 

any Confidential Business Information 

(CBI)) for inclusion in the public docket. 

Information not marked confidential 

pursuant to 40 CFR part 2 may be 

disclosed publicly by EPA without prior 

notice. Submit the non-CBI copy of your 

objection or hearing request, identified 

by docket ID number EPA–HQ–OPP– 

2021–0154, by one of the following 

methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

online instructions for submitting 

comments. Do not submit electronically 


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