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Federal Register / Vol. 86, No. 27 / Thursday, February 11, 2021 / Proposed Rules nonattainment under the 2008 ozone NAAQS.
On October 26, 2015 80 FR 65292, EPA promulgated a revised ozone NAAQS of 0.070 parts per million ppm. Clark and Floyd Counties, Indiana were designated nonattainment for the 2015 ozone NAAQS on August 3, 2018 83 FR 25776.
Under the existing federally approved SIP for Indiana, the emission statement requirements apply to Lake, Porter, LaPorte, and Dearborn Lawrenceburg Township Counties. On July 16, 2020, IDEM submitted a request that EPA
approve the revisions to the existing emission reporting rule, 326 IAC 26, to be consistent with the current emissions statement requirements for stationary sources in section 182a3B of the CAA.

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II. What changes is Indiana requesting?
The changes to the SIP revise the applicability of the emission reporting rule, 326 IAC 261. IDEM is adding Clark and Floyd Counties, designated nonattainment for the 2015 ozone NAAQS, to the list of areas for which stationary sources that emit 25 tons or more per year of VOC or NOX must submit annual emissions statement to IDEM. In addition, IDEM is removing the applicability of the emission reporting rule to Lawrenceburg Township in Dearborn County and to LaPorte County. Once an area meets the ozone standard and is redesignated to attainment, sources in the area are no longer subject to the emissions statement requirements of the CAA.
LaPorte County and Lawrenceburg Township in Dearborn County have both been redesignated to attainment of the ozone standard. LaPorte County was redesignated to attainment of the 1997
ozone standard on July 19, 2007 72 FR
39574; and designated as attainment of the 2008 ozone standard on May 21, 2012 77 FR 30088. Lawrenceburg Township in Dearborn County was redesignated to attainment of the 2008
ozone standard on April 7, 2017 82 FR
16943. Also, these two areas were designated as attainment of the 2015
ozone standard on June 4, 2018 83 FR
25776 and therefore, they are attaining all ozone standards. Thus, IDEM has revised the applicability of regulation 326 IAC 261 to discontinue the emission reporting requirement for stationary sources the areas of Lawrenceburg Township in Dearborn County and LaPorte County to submit annual emissions statements.

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III. EPAs Analysis of Indianas Submittal Indianas revised version of 326 IAC
261 appropriately extends the emissions statement requirements to Clark and Floyd Counties, and removes the requirement for Lawrenceburg Township in Dearborn County and LaPorte County. Indianas emissions reporting rule correctly reflects areas for which the CAA requires stationary sources to submit annual emissions statements.
IV. What action is EPA taking?
As discussed above, EPA is proposing to approve the revisions 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.
V. Incorporation by Reference In this 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 rule 326 IAC 261
Applicability, effective on April 4, 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
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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 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, Nitrogen dioxide, Ozone, Volatile organic compounds.
Dated: February 4, 2021.
Cheryl Newton, Acting Regional Administrator, Region 5.
FR Doc. 202102742 Filed 21021; 8:45 am BILLING CODE 656050P

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