31920 Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

The EPA believes that this action is 

not subject to Executive Order 12898 (59 

FR 7629, February 16, 1994) because it 

does not establish an environmental 

health or safety standard. The facility 

has already permanently ceased 

operations and this action simply 

rescinds previously promulgated 

requirements applicable to this 

shuttered facility. Therefore, the EPA 

considers this action to have no impacts 

to human health and the environment, 

and to have no potential 

disproportionately high and adverse 

effects on minority, low-income, or 

indigenous populations. 

K. The Congressional Review Act 

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. The 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). 

L. Judicial Review 

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 

40 CFR Part 49 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Incorporation by 

reference, Indians, Intergovernmental 

relations, Reporting and recordkeeping 

requirements. 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements, Visibility. 

Michael S. Regan, 

Administrator. 

For reasons discussed in the 

preamble, EPA amends Chapter I, title 

40, of the Code of Federal Regulations 

as follows: 

PART 49—INDIAN COUNTRY: AIR 

QUALITY PLANNING AND 

MANAGEMENT 

■ 1. The authority citation for part 49 

continues to read as follows: 

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

SUBPART L—IMPLEMENTATION 

PLANS FOR TRIBES—REGION IX 

§ 49.5513 [Removed and Reserved] 

■ 2. Remove and reserve § 49.5513. 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 3. The authority citation for part 52 

continues to read as follows: 

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

Subpart D—Arizona 

§ 52.145 [Amended] 

■ 4. Section 52.145 amended by 

removing and reserving paragraph (d). 

[FR Doc. 2021–12574 Filed 6–15–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2020–0542; FRL–10024– 

89-Region 5] 

Air Plan Approval; Illinois; Volatile 

Organic Material Definition Update 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a revision to 

the Illinois State Implementation Plan 

(SIP). The revision is amending the 

Illinois Administrative Code (IAC) by 

updating the definition of volatile 

organic material (VOM) and volatile 

organic compounds (VOC) to exclude 

(Z) -1,1,1,4,4,4-hexafluorobut-2-ene. 

This revision is consistent with an EPA 

rulemaking in 2018, which exempted 

this compound from the Federal 

definition of VOC on the basis that the 

compound makes a negligible 

contribution to tropospheric ozone 

formation. EPA proposed to approve 

this action on February 11, 2021 and 

received no adverse comments. 

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–2020–0542. 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 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 a revision to the Illinois SIP 

by updating the definition of volatile 

organic material or volatile organic 

compound at 35 IAC 211.7150 to 

exclude (Z)-1,1,1,4,4,4-hexafluorobut-2- 

ene. See 86 FR 9307. This revision is 

consistent with an EPA rulemaking 

exempting this compound from the 

Federal definition of VOC at 40 CFR 

51.100(s) due to its negligible 

contribution to tropospheric ozone 

formation. See 83 FR 61127 (Nov. 28, 

2018). An explanation of the Clean Air 

Act (CAA) requirements, a detailed 


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Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations 31921 

1 62 FR 27968 (May 22, 1997). 

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 

March 15, 2021. All the comments 

received are included in the docket for 

this action. 

During the comment period, EPA 

received one comment that requested 

EPA to consider the global warming 

potential of chemicals for future actions 

of this type. We do not consider the 

comment to be germane or relevant to 

this action and therefore not adverse to 

this action. The comment lacks the 

required specificity to the proposed SIP 

revision and the relevant requirements 

of CAA section 110. Moreover, the 

comment does not address a specific 

regulation or provision, nor does it 

suggest a change in, or recommend a 

different action on, the SIP submission 

from what EPA proposed. Therefore, the 

comment requires no further response, 

and we are finalizing our action as 

proposed. 

II. Final Action 

EPA is approving the revision to the 

Illinois SIP at 35 IAC 211.7150 by 

removing 1,1,1,4,4,4-hexafluorobut-2- 

ene from the definition of VOM and 

VOC in accordance with the Illinois 

submittal on October 20, 2020. 

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 Illinois 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 

State implementation plan, 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 

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 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) of the CAA.) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements, 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 § 52.720, the table in paragraph 

(c) is amended by revising the entry 

‘‘211.7150’’ to read as follows: 

§ 52.720 Identification of plan. 

* * * * * 

(c) * * * 


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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 

*******

Part 211: Definitions and General Provisions 

*******

Subpart B: Definitions 

*******

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

Organic Compound (VOC).

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

Register CITATION].

*******

* * * * * 

[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 


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