Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations 30201 

the substance include particulate 

(including solids or liquid droplets). 

(ii) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(o). 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph (b). 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a) through (e) and (i) are 

applicable to manufacturers and 

processors of this substance. 

(2) Limitation or revocation of certain 

notification requirements. The 

provisions of § 721.185 apply to this 

section. 

§ 721.11510 Phenol, polymer with 

formaldehyde, 5-methyl-1,3-benzenediolterminated, sodium salts (generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance generically 

identified as phenol, polymer with 

formaldehyde, 5-methyl-1,3- 

benzenediol-terminated, sodium salts 

(generic) (PMN P–18–363) is subject to 

reporting under this section for the 

significant new uses described in 

paragraph (a)(2) of this section. 

(2) The significant new uses are: 

(i) Release to water. Requirements as 

specified in § 721.90(a)(4), (b)(4) and 

(c)(4), where N=4. 

(ii) [Reserved] 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph (b). 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a) through (c), and (k) are 

applicable to manufacturers and 

processors of this substance. 

(2) Limitation or revocation of certain 

notification requirements. The 

provisions of § 721.185 apply to this 

section. 

§ 721.11511 N-Alkyl heteromonocyclic 

diphenolamide, polymer with bisphenol A, 

haloaryl-substituted sulfone, compd. with 

cyclic sulfonate ester, polyaryl alcohol 

terminated (generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance generically 

identified as N-Alkyl heteromonocyclic 

diphenolamide, polymer with bisphenol 

A, haloaryl-substituted sulfone, compd. 

with cyclic sulfonate ester, polyaryl 

alcohol terminated (PMN P–20–15) is 

subject to reporting under this section 

for the significant new uses described in 

paragraph (a)(2) of this section. 

(2) The significant new uses are: 

(i) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(s). It is a 

significant new use to use the PMN 

substance other than as a polymer in the 

manufacture of hollow fiber membrane 

products. 

(ii) [Reserved] 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph (b). 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a) through (c), and (i) are 

applicable to manufacturers and 

processors of this substance. 

(2) Limitation or revocation of certain 

notification requirements. The 

provisions of § 721.185 apply to this 

section. 

(3) Determining whether a specific use 

is subject to this section. The provisions 

of § 721.1725(b)(1) apply to paragraph 

(a)(2)(i) of this section. 

§ 721.11512 1,3,5-Triazine-2,4,6(1H,3H,5H)- 

trione, 1,3,5-tris[3-(2-oxiranyl)propyl]-. 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified as 

1,3,5-triazine-2,4,6(1H,3H,5H)-trione, 

1,3,5-tris[3-(2-oxiranyl)propyl]- (PMN 

P–20–38, CAS No. 91403–64–4) is 

subject to reporting under this section 

for the significant new uses described in 

paragraph (a)(2) of this section. 

(2) The significant new uses are: 

(i) Industrial, commercial, and 

consumer activities. It is a significant 

new use to manufacture, process, or use 

the PMN substance in any manner that 

results in inhalation exposure. 

(ii) Release to water. Requirements as 

specified in § 721.90(a)(4), (b)(4) and 

(c)(4), where N=5. 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph (b). 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a) through (c), (i), and (k). 

(2) Limitation or revocation of certain 

notification requirements. The 

provisions of § 721.185 apply to this 

section. 

§ 721.11513 2-Propenoic acid, cycloalkyl 

ester (generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance generically 

identified as 2-Propenoic acid, 

cycloalkyl ester (PMN P–20–40) is 

subject to reporting under this section 

for the significant new uses described in 

paragraph (a)(2) of this section. 

(2) The significant new uses are: 

(i) Release to water. Requirements as 

specified in § 721.90(a)(4), (b)(4) and 

(c)(4), where N=7. 

(ii) [Reserved] 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph (b). 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a) through (c), and (k) are 

applicable to manufacturers and 

processors of this substance. 

(2) Limitation or revocation of certain 

notification requirements. The 

provisions of § 721.185 apply to this 

section. 

* * * * * 

[FR Doc. 2021–11766 Filed 6–4–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2020–0369; FRL–10024– 

65–Region 5] 

Air Plan Approval; Indiana; Two 

Revised Sulfur Dioxide Rules for Lake 

County 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving revisions to 

the Indiana sulfur dioxide (SO2) State 

Implementation Plan (SIP). The State of 

Indiana has requested these SIP 

revisions to satisfy the requirements of 

a Federal consent decree. These 

revisions limit annual bypass venting 

limits in the sulfur-containing waste gas 

emissions from a coking and power 

generating facility in Lake County, 

Indiana, which is owned and operated 

by Indiana Harbor Coke Company 

(IHCC) and Cokenergy LLC (Cokenergy). 

The revisions also require Cokenergy to 

operate and maintain a permanent SO2

flow rate monitor and improve the 

percent control capture efficiency of the 

facility. In addition, the rulemaking 

includes technical corrections and 

clarifications that do not have a 

substantive effect of the application of 

the rules. 

DATES: This final rule is effective on July 

7, 2021. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2020–0369. 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. 


khammond on DSKJM1Z7X2PROD with RULES
30202 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations 

1 62 FR 27968 (May 22, 1997). 

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 Andrew 

Lee, Physical Scientist, at (312) 353– 

7645 before visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Andrew Lee, Physical Scientist, 

Attainment Planning and Maintenance 

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

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–7645, 

lee.andrew.c@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

I. Background Information 

On February 11, 2021, EPA proposed 

to approve revisions to 326 Indiana 

Administrative Code (IAC) 7–4.1–7 

(Cokenergy) and 326 IAC 7–4.1–8 

(IHCC) to limit annual bypass venting of 

sulfur containing waste gases from a 

coking and power generating facility 

owned and operated by Indiana Harbor 

Coke Company and Cokenergy LLC in 

Lake County, Indiana. See 86 FR 9038. 

The proposed revision for Cokenergy 

also requires it to operate and maintain 

a permanent SO2 flow rate monitor at 

the facility. The state of Indiana has 

requested these SIP revisions to satisfy 

the requirements of a Federal consent 

decree. An explanation of the Clean Air 

Act 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. 

II. Public Comments 

EPA provided a 30-day review and 

comment period for the February 11, 

2021, proposed rule. The comment 

period ended on March 15, 2021. EPA 

received a total of three comments, all 

from private citizens, on the proposed 

approval of this rule. Two comments 

were in support of the action and one 

comment was adverse. No further 

discussion of the supporting comments 

is necessary. EPA summarizes and 

responds to the adverse comment 

below. 

Comment: This rule should be more 

restricting on the harmful gases that are 

released into the atmosphere. The 19% 

of coke waste that is pumped into our 

atmosphere 24 hours a day should be 

cut by at least 2% for the year 2021. The 

option for retubing defeats the new 

revision because it allows the company 

to continue to let a maximum of 14% 

rather than the proposed 13%. 

Response: The provision relating to 

19% of the coke oven waste gases 

leaving the common tunnel was not 

reopened by our proposal and is not 

being revised by this rulemaking. As per 

the consent decree, Indiana was not 

required to amend the facility’s 

maximum percentage of coke oven gases 

leaving the common tunnel that can be 

vented into the atmosphere. Indiana has 

retained the original limit which was 

adopted to be protective of the previous 

SO2 standard. See 70 FR 56129. No one 

timely challenged that previous 

determination and it is too late to raise 

an objection now. As such, this portion 

of the comment is outside of the scope 

of this action. 

In addition, the commentor raised a 

concern over the increase in bypass 

venting allowed during a ‘‘retubing 

year.’’ This term is defined in the 

proposed revision as a year in which 

there is a replacement of: (1) 

Waterwalls, evaporator tubes, 

economizer tubes, or superheater 

module pendants within the heat 

recovery steam generator; and (2) 

exterior casing, insulation, and 

refractory, as needed. To comply with 

the consent decree, IHCC and Cokenergy 

submitted to Indiana a request to lower 

the facility’s maximum bypass venting 

to 13%, down from previously allowed 

14%, except during a heat recovery 

steam generator (HRSG) retubing year. 

During a retubing year, the facility is 

allowed increase the bypass venting 

back up to the previously permissible 

maximum of 14% when at least 3.25% 

of the bypass venting is due to the 

HRSG retubing. In any year, one or more 

HRSGs may be brought offline to replace 

parts that are prone to wear due to 

operating at extreme temperatures. The 

need to increase bypass venting arises 

from the fact that the facility is unable 

to construct redundant HRSGs that 

could accept the waste gas stream when 

the primary HRSG is offline. As such, 

when a HRSG is offline due to retubing, 

the facility will need to divert a higher 

percentage of the gas stream to the 

atmosphere through bypass venting. 

This provision allows the facility to 

preserve its pollution control devices 

located downstream that cannot handle 

the high temperature of the gas stream 

that does not first go through a HRSG. 

EPA agrees with this technical 

justification for the need to allow 

increase bypass venting during a 

retubing year to the previously 

permissible 14%. Overall, this revision 

will lower the percentage of coke oven 

gases that are vented to the atmosphere 

via bypass venting. 

III. Final Action 

EPA is approving Indiana’s July 10, 

2020 request to revise 326 IAC 7–4.1–7 

and 326 IAC 7–4.1–8. These SO2 SIP 

revisions strengthen the SIP and fulfill 

the requirements of the Federal consent 

decree with Cokenergy LLC and IHCC. 

IV. 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

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Clean Air Act 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 Clean Air Act. 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); 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations 30203 

• 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 Clean Air Act; 

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 Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by August 6, 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, 

Sulfur oxides. 

Dated: June 1, 2021. 

Cheryl Newton, 

Acting Regional Administrator, Region 5. 

For the reasons stated in the 

preamble, EPA amends title 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 entries 

for ‘‘7–4.1–7’’ and ‘‘7–4.1–8’’ under the 

heading ‘‘Rule 4.1. Lake County Sulfur 

Dioxide Emission Limitations’’ 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 4.1. Lake County Sulfur Dioxide Emission Limitations 

*******

7–4.1–7 .......... Cokenergy LLC sulfur dioxide emission limitations.8/24/2020 6/7/2021, [INSERT Federal Register CITATION].........................

7–4.1–8 .......... Indiana Harbor Coke Company sulfur dioxide 

emission limitations.

8/24/2020 6/7/2021, [INSERT Federal Register CITATION].........................

* * * * * * * 

* * * * * 

[FR Doc. 2021–11769 Filed 6–4–21; 8:45 am] 

BILLING CODE 6560–50–P 


khammond on DSKJM1Z7X2PROD with RULES