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Federal Register / Vol. 86, No. 27 / Thursday, February 11, 2021 / Proposed Rules hour. The revised rule adds a requirement that Cokenergy install, operate, and maintain a permanent SO2
flow rate monitor to continuously measure the flow rate in the heat recovery coke carbonization waste gas stack.
The revised proposed rule 326 IAC 7
4.18 continues to require that IHCC
comply with the following requirements: The coke ovens must recycle the gases emitted during the coking process in such a way that the recycled gases must be the only fuel source used for the ovens during normal operations, the gases must not be routed directly to the atmosphere unless they first pass through the common tunnel afterburner, and a maximum of 19% of the coke oven waste gases leaving the common tunnel may be vented to the atmosphere on a 24-hour basis. The sulfur dioxide limits on IHCCs coke oven battery operations in 326 IAC 7
4.18a are unchanged. 326 IAC 74.1
8 includes the same new limitations on bypass vent stack usage as in 326 IAC
74.17, as discussed above. The rulemaking also includes technical corrections and clarifications that do not have a substantive effect of the application of the rules.
III. Compliance With the Clean Air Act CAA
CAA section 110l states that SIP
revisions cannot be approved if they interfere with applicable requirements concerning attainment and reasonable further progress. EPA proposes to find that this proposed action is consistent with CAA section 110l because the proposed changes retain and/or tighten the existing SO2 limits. EPA is therefore proposing to approve Indianas revised rules 326 IAC 74.17 and 326 IAC 7
4.18.

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IV. What action is EPA taking?
EPA is proposing to approve Indianas July 10, 2020 request to revise 326 IAC
74.17 and 326 IAC 74.18. The proposed SO2 SIP revisions are expected to strengthen the SIP and will also fulfill the requirements of the Federal consent decree with Cokenergy LLC and IHCC.
V. Incorporation by Reference In this proposed rule, EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is proposing to incorporate by reference Indiana rules 326 IAC 74.1
7 Cokenergy LLC sulfur dioxide emission limitations and 326 IAC 7
4.18 Indiana Harbor Coke Company sulfur dioxide emission limitations,
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effective on April 24, 2020. 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.
VI. 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. 7410k; 40 CFR 52.02a.
Thus, in reviewing SIP submissions, EPAs 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;
Is not an Executive Order 13771 82
FR 9339, February 2, 2017 regulatory action because it is not a significant regulatory action under Executive Order 12866;
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. 1044;
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 12d 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
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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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements, Sulfur oxides.
Dated: February 3, 2021.
Cheryl Newton, Acting Regional Administrator, Region 5.
FR Doc. 202102741 Filed 21021; 8:45 am BILLING CODE 656050P

ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
EPAR05OAR20200559; FRL10019
84Region 5

Air Plan Approval; Ohio; Ohio NSR
Permit Timing Environmental Protection Agency EPA.
ACTION: Proposed rule.
AGENCY:

The Environmental Protection Agency EPA is proposing to approve a revised paragraph of the Ohio Revised Code ORC into Ohios state implementation plan SIP under the Clean Air Act CAA. This revision will allow for the extension of an installation permit which is the subject of an appeal by a party other than the owner or operator of the air contaminant source.
The extension will allow the date of termination of the permit to be no later than eighteen months after the effective date of the permit plus the number of days between the date in which the permit was appealed and the date the appeal was resolved.
DATES: Comments must be received on or before March 15, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPAR05
OAR20200559 at http
www.regulations.gov, or via email to damico.genevieve@epa.gov. For SUMMARY:

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