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Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations 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 ozones 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 Indianas 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 EPAs 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 Indianas 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 EPAs AQS in accordance with Federal guidelines. Further, this does not relieve sources in any of the areas from existing
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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 26, all areas in the state remain subject to EPAs 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 areas 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 Indianas economy, providing jobs and stability, they also contribute to pollution that threatens Indianas 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 261, into Indianas SIP, as submitted on July 16, 2020, to address the CAA emission statement requirement in section 182a3B.
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
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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 EPAs 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. 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;
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 appropriate, disproportionate human health or environmental effects, using 1 62

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FR 27968 May 22, 1997.

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