31922 Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations 

EPA-APPROVED ILLINOIS REGULATIONS AND STATUTES

Illinois 

citation Title/subject 

State 

effective 

date 

EPA approval date Comments 

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Part 211: Definitions and General Provisions 

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Subpart B: Definitions 

*******

211.7150 ........... Volatile Organic Material (VOM) or Volatile 

Organic Compound (VOC).

10/20/2020 6/16/2021, [INSERT Federal 

Register CITATION].

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* * * * * 

[FR Doc. 2021–12553 Filed 6–15–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2020–0387; FRL–10024– 

93–Region 5] 

Air Plan Approval; Indiana; Emissions 

Reporting Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a revision to 

the Indiana State Implementation Plan 

(SIP) submitted on July 16, 2020, by the 

Indiana Department of Environmental 

Management (IDEM). The revision 

incorporates changes to Indiana’s 

existing emission reporting rule to be 

consistent with the emissions statement 

requirements in the Clean Air Act 

(CAA). The CAA requires stationary 

sources in ozone nonattainment areas to 

submit annual emissions statements. 

The revision to the rule extends the 

requirements in Indiana’s emission 

reporting rule to Clark and Floyd 

counties, which were designated 

nonattainment under the 2015 ozone 

National Ambient Air Quality Standard 

(NAAQS) in 2018, and removes the 

requirement for Lawrenceburg 

Township in Dearborn County and to 

LaPorte County, because these areas are 

currently designated attainment for the 

1997, 2008 and 2015 ozone standards. 

DATES: This final rule is effective on July 

16, 2021. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2020–0387. 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 Charles 

Hatten, Environmental Engineer, at 

(312) 886–6031 before visiting the 

Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Charles Hatten, Environmental 

Engineer, Control Strategies Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–6031, 

hatten.charles@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

I. What is being addressed in this 

document? 

This rule acts on the July 16, 2020 

request from the IDEM to incorporate 

revisions to Indiana’s emission 

reporting rule, 326 IAC 2–6. An 

explanation of the CAA requirements, a 

detailed analysis of the revisions, and 

EPA’s reasons for proposing approval 

were provided in EPA’s notice of 

proposed rulemaking (NPRM), dated 

February 11, 2021 (86 FR 9036), and 

will not be restated here. 

II. What comments did we receive on 

the proposed rule? 

In the NPRM, EPA provided a 30-day 

review and comment period for the 

proposed rule. The comment period 

ended on March 15, 2021. We received 

three comments during the comment 

period. The full comments are in the 

rulemaking docket, see Addresses for 

details on accessing the docket. 

Two of the comments received were 

supportive of EPA’s action. Comments 

from a third individual expressed 

several issues of concern not addressed 

in EPA’s proposed rulemaking. Those 

comments are summarized and 

addressed below. 

Comment: The commenter asserted 

that the decision to remove reporting 

requirements for Lawrenceburg 

Township and LaPorte County could 

have permanent impacts on Indiana’s 

citizens. IDEM should reconsider 

removing the two areas from attainment. 

Response: Because Lawrenceburg 

Township and LaPorte County have 

demonstrated attainment with the ozone 

NAAQS, EPA designated them as 

attainment areas under Section 107(d) of 

the CAA on June 4, 2018 (83 FR 25776). 

Consequently, section 182(a)(3)(B) of the 

CAA authorizes IDEM to remove the 

emissions reporting requirements for 

those two areas. The commenter’s 

suggestion that IDEM should remove the 

ozone attainment designation status for 

LaPorte County and Lawrenceburg 


jbell on DSKJLSW7X2PROD with RULES
Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations 31923 

1 62 FR 27968 (May 22, 1997). 

Township in Dearborn County is 

outside the scope of this rulemaking. 

Comment: The commenter noted that 

the Federal website, Airnow.com, shows 

acceptable levels of ozone in all the 

counties involved. The commenter 

expressed concern about ozone’s 

adverse biophysical impact, especially 

in those with chronic respiratory 

conditions, but acknowledged that those 

impacts of this rulemaking should 

remain minimal. 

Response: EPA agrees that ozone 

causes adverse health effects. As noted 

above, EPA has designated both 

Lawrenceburg Township (Dearborn 

County) and LaPorte County as areas 

that have attained the applicable 

NAAQS for ozone. 

Comment: The commenter expressed 

concern that the proposal did not 

consider the potential for ozone levels 

rising in attainment areas and the 

potential repercussions of not recording 

ozone levels. The commenter further 

stated that, if the State discontinues 

recording ozone emission rates and they 

rise beyond a safe level, this could cause 

negative economic impacts and 

endanger the health of residents. 

Response: This action addresses the 

requirement for stationary sources to 

report emissions of volatile organic 

compounds (VOC) and oxides of 

nitrogen (NOX). It does not affect 

Indiana’s requirements with respect to 

ozone monitoring. Indiana remains 

obligated to meeting ozone monitoring 

requirements and to continue to qualityassure monitoring data in accordance 

with 40 CFR part 58, and to enter all 

data into EPA’s air quality system (AQS) 

in accordance with Federal guidelines. 

EPA and IDEM continue to monitor 

ozone to ensure concentrations remain 

below the NAAQS. 

Comment: The commenter claimed 

that not requiring certain areas to report 

ozone emissions can lead to ignored 

regulations and increased pollution. The 

commenter further noted that, even if an 

area has good air quality, it is still our 

responsibility to prevent ozone levels 

from becoming worse. The commenter 

suggested that all municipalities 

involved continue to report ozone levels 

as if they were not in attainment of the 

ozone standard. 

Response: As discussed previously, 

this action does not affect Indiana’s 

requirements with respect to ozone 

monitoring. Indiana remains obligated 

to meet ozone monitoring requirements 

and continue to quality assure 

monitoring data in accordance with 40 

CFR part 58, and to enter all data into 

EPA’s AQS in accordance with Federal 

guidelines. Further, this does not relieve 

sources in any of the areas from existing 

controls on ozone precursors. In 

addition, while sources in 

Lawrenceburg Township in Dearborn 

County and LaPorte County are no 

longer subject to the emissions reporting 

requirements of 326 IAC 2–6, all areas 

in the state remain subject to EPA’s Air 

Emission Reporting Rule (AERR) under 

40 CFR 51, subpart A. The AERR 

requires states to collect and report 

annual emissions directly to EPA, 

including emissions of all criteria 

pollutants (and/or precursors) from all 

sources (point, non-point, on-road, and 

off-road mobile source types) regardless 

of an area’s attainment status. 

Comment: The commenter asserted 

that ozone levels do not currently 

impact the economies of the counties 

mentioned in this action. The 

commenter expressed the concern, 

however, that while steel mills play a 

large part in Indiana’s economy, 

providing jobs and stability, they also 

contribute to pollution that threatens 

Indiana’s citizens. The commenter 

further asserted that nitrogen dioxide 

and ozone pollution cost billions of 

dollars and lead to millions of 

premature deaths; and that, by taking 

precautionary steps, these costs will be 

reduced in the long run. 

Response: These comments address 

subjects outside the scope of our 

proposed action. EPA notes, however, 

that the commenter does not explain (or 

provide a legal basis for) how the final 

rule should differ in any way from the 

proposed action. That being said, it 

should be reiterated that both EPA and 

IDEM continue to monitor ozone to 

ensure concentrations remain below the 

NAAQS. 

III. What action is EPA taking? 

EPA is approving the revision to the 

emission reporting rule, 326 IAC 2–6–1, 

into Indiana’s SIP, as submitted on July 

16, 2020, to address the CAA emission 

statement requirement in section 

182(a)(3)(B). 

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 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); 

• 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 


jbell on DSKJLSW7X2PROD with RULES
31924 Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations 

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 16, 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, Nitrogen dioxide, Ozone, 

Volatile organic compounds. 

Dated: June 9, 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 entry for 

‘‘2–6–1’’ under ‘‘Article 2. Permit 

Review Rules’’, ‘‘Rule 6. Emission 

Reporting’’, to read as follows: 

§ 52.770 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED INDIANA REGULATIONS

Indiana 

citation Subject 

Indiana 

effective 

date 

EPA approval date Notes 

*******

Article 2. Permit Review Rules 

*******

Rule 6. Emission Reporting 

2–6–1 ............ Applicability .... 4/24/2020 6/16/2021, [INSERT FEDERAL REGISTER CITATION].

* * * * * * * 

* * * * * 

[FR Doc. 2021–12620 Filed 6–15–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2020–0729; FRL–10024– 

97–Region 5] 

Air Plan Approval; Michigan; Part 9 

Miscellaneous Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a revision to 

Michigan’s State Implementation Plan 

(SIP). The submittal, by the Michigan 

Department of Environment, Great 

Lakes, and Energy (EGLE) on December 

18, 2020, incorporates administrative 

changes to Michigan’s Air Pollution 

Control Rules, Part 9, ‘‘Emissions 

Limitations and Prohibitions— 

Miscellaneous’’. This revision supports 

Michigan’s effort to consolidate all of 

the approved adoption by reference 

rules into Part 9. 

DATES: The final rule is effective July 16, 

2021. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2020–0729. 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 Charles 

Hatten, Environmental Engineer, at 

(312) 886–6031 before visiting the 

Region 5 office. 


jbell on DSKJLSW7X2PROD with RULES