Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Rules and Regulations 33525 

1 62 FR 27968 (May 22, 1997). 

cumulative assessment for the entire 

calendar year. 

(iv) The recipient must immediately 

inform the VA GPD Liaison of any 

significant developments affecting its 

ability to accomplish the work. VA GPD 

Liaisons will provide necessary 

technical assistance. 

(v) If, after reviewing a recipient’s 

assessment, VA determines that it falls 

more than five percent below any 

performance goal, then VA may require 

the recipient to create and follow a 

performance improvement plan (PIP) as 

outlined in 38 CFR 61.80(c)(vi). 

(vi) Performance Improvement Plan 

(PIP): If VA determines that a recipient 

deviates more than five percent from 

established GPD performance goals for 

any two (2) consecutive quarters as 

defined in 38 CFR 61.80(c)(3)(A)(i) 

through (iv), the recipient will submit a 

PIP to the VA GPD Liaison sixty (60) 

calendar days after VA makes its 

determination. 

(A) The PIP must identify the activity 

which falls below the measure. The PIP 

must describe the reason(s) why the 

recipient did not meet the performance 

measure(s) and provide specific 

proposed corrective action(s) and a 

timetable for accomplishment of the 

corrective action. The plan may include 

the recipient’s intent to propose 

modifying the grant agreement. The 

recipient will submit the PIP to the VA 

GPD Liaison. 

(B) The VA GPD Liaison will forward 

the PIP to the VA National GPD Program 

Office. The VA National GPD Program 

Office will review the PIP and notify the 

recipient in writing whether the PIP is 

approved or disapproved. If 

disapproved, the VA GPD Liaison will 

make suggestions for improving the 

proposed PIP, and the recipient may 

resubmit the PIP to the VA National 

GPD Program Office. 

(vii) If the recipient is not compliant 

after the PIP, then VA may impose any 

combination of the following 

enforcement actions by award revision: 

(A) Withhold placements; 

(B) Withhold payment; 

(C) Suspend payment; and 

(D) Terminate the grant agreement, as 

outlined in this part or other applicable 

federal statutes and regulations. 

* * * * * 

[FR Doc. 2021–13272 Filed 6–24–21; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2020–0386; FRL–10024– 

84–Region 5] 

Air Plan Approval; Indiana; Monitoring 

Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving, under the 

Clean Air Act (CAA), a revision to 

Indiana’s State Implementation Plan 

(SIP) to address changes to its air 

emissions monitoring rules for Portland 

cement plants. Indiana revised its rules 

for Portland cement plants to update the 

monitoring of particulate matter (PM) 

emissions to allow an additional 

monitoring option. This additional 

monitoring option is consistent with 

EPA’s recent revisions to Federal 

requirements for Portland cement 

plants. EPA proposed to approve this 

action on March 25, 2021 and received 

no comments. 

DATES: This final rule is effective on July 

26, 2021. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2020–0386. 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 Matt 

Rau, Environmental Engineer, at (312) 

886–6524 before visiting the Region 5 

office. 

FOR FURTHER INFORMATION CONTACT: Matt 

Rau, Environmental Engineer, Control 

Strategies Section, Air Programs Branch 

(AR–18J), Environmental Protection 

Agency, Region 5, 77 West Jackson 

Boulevard, Chicago, Illinois 60604, 

(312) 886–6524, rau.matthew@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

I. Background Information 

On March 25, 2021, EPA proposed to 

approve a revision to the Indiana SIP to 

address changes to the monitoring 

requirements at 326 IAC 3–5–1 for 

Portland cement plants (86 FR 15838). 

An explanation of the CAA 

requirements, a detailed analysis of the 

revision, and EPA’s reasons for 

proposing approval were provided in 

the notice of proposed rulemaking and 

will not be restated here. The public 

comment period for this proposed rule 

ended on April 26, 2021. EPA received 

no comments on the proposal. 

Therefore, we are finalizing our action 

as proposed. 

II. Final Action 

EPA is approving revisions to 326 IAC 

3–5–1, continuous monitoring 

requirements, into the Indiana SIP. 

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 the amendments to 40 CFR 

part 52 set forth 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

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 

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 


lotter on DSK11XQN23PROD with RULES1
33526 Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Rules and Regulations 

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). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

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 August 24, 2021. 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, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: June 14, 2021. 

Cheryl Newton, 

Acting Regional Administrator, Region 5. 

For the reasons stated in the 

preamble, EPA amends 40 CFR part 52 

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 entry for 

‘‘3–5–1’’ under the heading ‘‘Rule 5. 

Continuous Monitoring of Emissions’’ to 

read as follows: 

§ 52.770 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED INDIANA REGULATIONS

Indiana 

citation Subject 

Indiana 

effective 

date 

EPA approval date Notes 

*******

Rule 5. Continuous Monitoring of Emissions 

3–5–1 ................ Applicability; continuous monitoring requirements for applicable pollutants.4/24/2020 6/25/2021, [INSERT FEDERAL REGISTER 

CITATION].

* * * * * * * 

* * * * * 

[FR Doc. 2021–13471 Filed 6–24–21; 8:45 am] 

BILLING CODE 6560–50–P 


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