80 FR 21174 - Approval and Promulgation of Air Quality Implementation Plans; Indiana; CO Monitoring
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 74 (April 17, 2015)
Federal Register Volume 80, Issue 74 (April 17, 2015)
| Page Range | 21174-21176 | |
| FR Document | 2015-08885 |
[Federal Register Volume 80, Number 74 (Friday, April 17, 2015)] [Rules and Regulations] [Pages 21174-21176] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-08885] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2014-0294; FRL-9926-29-Region-5] Approval and Promulgation of Air Quality Implementation Plans; Indiana; CO Monitoring AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving a revision to Indiana's monitoring requirements as a revision to the State Implementation Plan (SIP). The SIP revision was submitted by Indiana to EPA on January 22, 2014. Once approved, the SIP would authorize emission units that combust sewage sludge to continuously monitor carbon monoxide emissions, consistent with Federal requirements. DATES: This direct final rule will be effective June 16, 2015, unless EPA receives adverse comments by May 18, 2015. If adverse comments are received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05- OAR-2014-0294, by one of the following methods: 1. www.regulations.gov: Follow the on-line instructions for submitting comments. 2. Email: [email protected]. 3. Fax: (312) 692-2490. 4. Mail: Pamela Blakley, Chief, Control Strategies Section, Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. 5. Hand Delivery: Pamela Blakley, Chief, Control Strategies Section, Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are only accepted during the Regional Office normal hours of operation, and special arrangements should be made for deliveries of boxed information. The Regional Office official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays. Instructions: Direct your comments to Docket ID No. EPA-R05-OAR- 2014-0294. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or email. The www.regulations.gov Web site is an ``anonymous access'' system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through www.regulations.gov your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy 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. We recommend that you telephone Matt Rau, Environmental Engineer, at (312) 886-6524 before visiting the Region 5 office. FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer, Control Strategies Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6524, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we'', ``us'', or ``our'' is used, we mean EPA. This supplementary information section is arranged as follows: I. What is the background for this action? II. What is EPA's analysis? III. What action is EPA taking? IV. Incorporation by Reference V. Statutory and Executive Order Reviews [[Page 21175]] I. What is the background for this action? On January 22, 2014, Indiana submitted a request to EPA to revise Title 326 of the Indiana Administration Code (IAC) Article 3-- Monitoring Requirements, Rule 5--Continuous Monitoring of Emissions, Section 1--Applicability; Continuous Monitoring Requirements for Applicable Pollutants. In the current SIP, 326 IAC 3-5-1(b)(6), requires sewage sludge combustion units to continuously monitor total hydrocarbons, oxygen, moisture, and temperature. The SIP revision provides the sewage sludge combustion units the option to monitor carbon monoxide emissions as an alternate to monitoring total hydrocarbons. In doing so, sources must also comply with a 100 parts-per-million (ppm) total carbon monoxide limit. The continuous carbon monoxide monitoring requirements are specified at 326 IAC 3-5-1(b)(6)(A)(i) and (ii). The SIP revision is consistent with 40 CFR 503.40, the Federal Standards for the Incineration of Sewage Sludge. This Federal regulation, promulgated pursuant to the Clean Water Act, authorizes sewage sludge combustion sources to continuously monitor carbon monoxide as an alternative to continuously monitoring total hydrocarbons emissions. The regulation requires that the carbon monoxide monitoring be corrected for zero percent moisture and to seven percent oxygen. II. What is EPA's analysis? In its approval of 40 CFR 503.40, EPA determined that sewage sludge incinerators are expected to meet the 100 ppm total hydrocarbon monthly limit when the monthly average carbon monoxide concentration does not exceed 100 ppm. See 59 FR 9099 (February 25, 1994). The Federal rule requires that the continuous carbon monoxide monitor must be corrected for zero percent moisture and to seven percent oxygen. The revision to 326 IAC 3-5-1 is consistent with the monitoring requirements in 40 CFR 503.40. EPA finds the requested revision to be approvable. III. What action is EPA taking? EPA is approving a revision to 326 IAC 3-5-1 into the Indiana SIP. The SIP revision would authorize emission units that combust sewage sludge to continuously monitor carbon monoxide emissions, consistent with Federal requirements. We are publishing this action without prior proposal because we view this as a noncontroversial amendment and anticipate no adverse comments. However, in the proposed rules section of this Federal Register publication, we are publishing a separate document that will serve as the proposal to approve the state plan if relevant adverse written comments are filed. This rule will be effective June 16, 2015 without further notice unless we receive relevant adverse written comments by May 18, 2015. If we receive such comments, we will withdraw this action before the effective date by publishing a subsequent document that will withdraw the final action. All public comments received will then be addressed in a subsequent final rule based on the proposed action. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. If we do not receive any comments, this action will be effective June 16, 2015. 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 electronically through www.regulations.gov and/or in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). VI. Statutory and Executive Order Reviews Under the Clean Air Act (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. [[Page 21176]] 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 June 16, 2015. 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. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of this Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. 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, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements. Dated: April 2, 2015. Susan Hedman, Regional Administrator, Region 5. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. 0 2. In Sec. 52.770, the table in paragraph (c) is amended by revising the entry for 3-5-1 under ``Article 3. Monitoring Requirements'', ``Rule 5. Continuous Monitoring of Emissions'' to read as follows: Sec. 52.770 Identification of plan. * * * * * (c) * * * EPA-Approved Indiana Regulations ---------------------------------------------------------------------------------------------------------------- Indiana EPA Approval Indiana citation Subject effective date date Notes ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Article 3. Monitoring Requirements ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Rule 5. Continuous Monitoring of Emissions ---------------------------------------------------------------------------------------------------------------- 3-5-1....................... Applicability; continuous 1/15/2014 4/17/2015, ................. monitoring requirements for [insert applicable pollutants. Federal Register citation]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2015-08885 Filed 4-16-15; 8:45 am] BILLING CODE 6560-50-P
![21174 Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Rules and Regulations
Authority: 42 U.S.C. 7401 et seq. interference Demonstration for Federal § 52.50 Identification of plan.
Low-Reid Vapor Pressure Requirement * * * * *
Subpart B—Alabama for the Birmingham Area’’ at the end of (e) * * *
the table to read as follows:
■ 2. Section 52.50(e) is amended by
adding a new entry for ‘‘Non-
EPA APPROVED ALABAMA NON-REGULATORY PROVISIONS
State submittal
Applicable geographic or
Name of nonregulatory SIP provision date/effective EPA approval date Explanation
nonattainment area date
* * * * * * *
Non-interference Demonstration for Fed- Jefferson and Shelby 11/14/2014 4/17/2015 [Insert citation
eral Low-Reid Vapor Pressure Require- Counties. of publication].
ment for the Birmingham Area.
[FR Doc. 2015–08884 Filed 4–16–15; 8:45 am] Protection Agency, 77 West Jackson you for clarification, EPA may not be
BILLING CODE 6560–50–P Boulevard, Chicago, Illinois 60604. able to consider your comment.
5. Hand Delivery: Pamela Blakley, Electronic files should avoid the use of
Chief, Control Strategies Section, Air special characters, any form of
ENVIRONMENTAL PROTECTION Programs Branch (AR–18J), U.S. encryption, and be free of any defects or
AGENCY Environmental Protection Agency, 77 viruses.
West Jackson Boulevard, Chicago,
40 CFR Part 52 Illinois 60604. Such deliveries are only Docket: All documents in the docket
accepted during the Regional Office are listed in the www.regulations.gov
[EPA–R05–OAR–2014–0294; FRL–9926–29–
normal hours of operation, and special index. Although listed in the index,
Region–5]
arrangements should be made for some information is not publicly
Approval and Promulgation of Air deliveries of boxed information. The available, e.g., CBI or other information
Quality Implementation Plans; Indiana; Regional Office official hours of whose disclosure is restricted by statute.
CO Monitoring business are Monday through Friday, Certain other material, such as
8:30 a.m. to 4:30 p.m., excluding copyrighted material, will be publicly
AGENCY: Environmental Protection Federal holidays. available only in hard copy. Publicly
Agency (EPA). Instructions: Direct your comments to available docket materials are available
ACTION: Direct final rule. Docket ID No. EPA–R05–OAR–2014– either electronically in
0294. EPA’s policy is that all comments www.regulations.gov or in hard copy at
SUMMARY: The Environmental Protection received will be included in the public
Agency (EPA) is approving a revision to the Environmental Protection Agency,
docket without change and may be Region 5, Air and Radiation Division, 77
Indiana’s monitoring requirements as a made available online at
revision to the State Implementation West Jackson Boulevard, Chicago,
www.regulations.gov, including any
Plan (SIP). The SIP revision was Illinois 60604. This facility is open from
personal information provided, unless
submitted by Indiana to EPA on January 8:30 a.m. to 4:30 p.m., Monday through
the comment includes information
22, 2014. Once approved, the SIP would claimed to be Confidential Business Friday, excluding Federal holidays. We
authorize emission units that combust Information (CBI) or other information recommend that you telephone Matt
sewage sludge to continuously monitor whose disclosure is restricted by statute. Rau, Environmental Engineer, at (312)
carbon monoxide emissions, consistent Do not submit information that you 886–6524 before visiting the Region 5
with Federal requirements. consider to be CBI or otherwise office.
DATES: This direct final rule will be protected through www.regulations.gov
effective June 16, 2015, unless EPA FOR FURTHER INFORMATION CONTACT: Matt
or email. The www.regulations.gov Web
receives adverse comments by May 18, site is an ‘‘anonymous access’’ system, Rau, Environmental Engineer, Control
2015. If adverse comments are received, which means EPA will not know your Strategies Section, Air Programs Branch
EPA will publish a timely withdrawal of identity or contact information unless (AR–18J), Environmental Protection
the direct final rule in the Federal you provide it in the body of your Agency, Region 5, 77 West Jackson
Register informing the public that the comment. If you send an email Boulevard, Chicago, Illinois 60604,
rule will not take effect. comment directly to EPA without going (312) 886–6524, rau.matthew@epa.gov.
ADDRESSES: Submit your comments, through www.regulations.gov your email SUPPLEMENTARY INFORMATION:
identified by Docket ID No. EPA–R05– address will be automatically captured Throughout this document whenever
OAR–2014–0294, by one of the and included as part of the comment
‘‘we’’, ‘‘us’’, or ‘‘our’’ is used, we mean
following methods: that is placed in the public docket and
EPA. This supplementary information
asabaliauskas on DSK5VPTVN1PROD with RULES
1. www.regulations.gov: Follow the made available on the Internet. If you
submit an electronic comment, EPA section is arranged as follows:
on-line instructions for submitting
comments. recommends that you include your I. What is the background for this action?
2. Email: blakley.pamela@epa.gov. name and other contact information in II. What is EPA’s analysis?
3. Fax: (312) 692–2490. the body of your comment and with any III. What action is EPA taking?
4. Mail: Pamela Blakley, Chief, disk or CD–ROM you submit. If EPA IV. Incorporation by Reference
Control Strategies Section, Air Programs cannot read your comment due to V. Statutory and Executive Order Reviews
Branch (AR–18J), U.S. Environmental technical difficulties and cannot contact
VerDate Sep<11>2014 16:14 Apr 16, 2015 Jkt 235001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\17APR1.SGM 17APR1](https://thefederalregister.org/doc/80_FR_21248/page/1.svg)
![21176 Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Rules and Regulations
This action is not a ‘‘major rule’’ as of this Federal Register, rather than file PART 52—APPROVAL AND
defined by 5 U.S.C. 804(2). an immediate petition for judicial PROMULGATION OF
Under section 307(b)(1) of the CAA, review of this direct final rule, so that IMPLEMENTATION PLANS
petitions for judicial review of this EPA can withdraw this direct final rule
action must be filed in the United States and address the comment in the ■ 1. The authority citation for part 52
Court of Appeals for the appropriate proposed rulemaking. This action may continues to read as follows:
circuit by June 16, 2015. Filing a not be challenged later in proceedings to
enforce its requirements. (See section Authority: 42 U.S.C. 7401 et seq.
petition for reconsideration by the
307(b)(2).) ■ 2. In § 52.770, the table in paragraph
Administrator of this final rule does not
affect the finality of this action for the List of Subjects in 40 CFR Part 52 (c) is amended by revising the entry for
purposes of judicial review nor does it Environmental protection, Air 3–5–1 under ‘‘Article 3. Monitoring
extend the time within which a petition pollution control, Carbon monoxide, Requirements’’, ‘‘Rule 5. Continuous
for judicial review may be filed, and Incorporation by reference, Monitoring of Emissions’’ to read as
shall not postpone the effectiveness of Intergovernmental relations, Reporting follows:
such rule or action. Parties with and recordkeeping requirements.
objections to this direct final rule are § 52.770 Identification of plan.
Dated: April 2, 2015. * * * * *
encouraged to file a comment in
response to the parallel notice of Susan Hedman,
(c) * * *
proposed rulemaking for this action Regional Administrator, Region 5.
published in the proposed rules section 40 CFR part 52 is amended as follows:
EPA-APPROVED INDIANA REGULATIONS
Indiana effec-
Indiana citation Subject EPA Approval date Notes
tive date
* * * * * * *
Article 3. Monitoring Requirements
* * * * * * *
Rule 5. Continuous Monitoring of Emissions
3–5–1 ........................ Applicability; continuous monitoring requirements for applicable 1/15/2014 4/17/2015, [insert
pollutants. Federal Register
citation].
* * * * * * *
* * * * * request for reconsideration from the copy at EPA Region 9, 75 Hawthorne
[FR Doc. 2015–08885 Filed 4–16–15; 8:45 am] plant’s owner, Lhoist North America of Street, San Francisco, California. Please
BILLING CODE 6560–50–P Arizona, Inc. (LNA), we are replacing note that while many of the documents
the control technology demonstration in the docket are listed at http://
requirements for emissions of nitrogen www.regulations.gov, some information
ENVIRONMENTAL PROTECTION oxides (NOX) applicable to Kilns 1 and may not be specifically listed in the
AGENCY 2 at the Nelson Lime Plant with revised index to the docket and may be publicly
recordkeeping and reporting available only at the hard copy location
40 CFR Part 52 requirements. We are not revising any of (e.g., copyrighted material, large maps,
the emission limits that apply to these multi-volume reports, or otherwise
[EPA–R09–OAR–2014–0861; FRL–9925–81–
units, including the existing NOX voluminous materials), and some may
Region 9]
emission limits, which can be met with not be available at either locations (e.g.,
Approval and Promulgation of Air selective non-catalytic reduction (SNCR) confidential business information). To
Quality Implementation Plans; Arizona; control technology. We also are taking inspect the hard copy materials, please
Regional Haze Federal Implementation final action to correct a misprint of the schedule an appointment during normal
Plan; Reconsideration regulatory requirements in a table in the business hours with the contact listed
Arizona RH FIP that identifies the directly below.
AGENCY: Environmental Protection emission limits for NOX and sulfur FOR FURTHER INFORMATION CONTACT:
Agency (EPA). dioxide (SO2) at each kiln. Thomas Webb, U.S. EPA, Region 9,
asabaliauskas on DSK5VPTVN1PROD with RULES
ACTION: Final rule. DATES: Effective date: This rule is Planning Office, Air Division, Air–2, 75
effective May 18, 2015. Hawthorne Street, San Francisco, CA
SUMMARY: The Environmental Protection
94105. Thomas Webb can be reached at
Agency (EPA) is taking final action to ADDRESSES: EPA has established docket
telephone number (415) 947–4139 and
revise certain provisions in the Arizona number EPA–R09–OAR–2014–0861 for
via electronic mail at webb.thomas@
Regional Haze (RH) Federal this action. Generally, documents in the
epa.gov.
Implementation Plan (FIP) that apply to docket are available electronically at
the Nelson Lime Plant. In response to a http://www.regulations.gov or in hard SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014 16:14 Apr 16, 2015 Jkt 235001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\17APR1.SGM 17APR1](https://thefederalregister.org/doc/80_FR_21248/page/3.svg)
Document Created: 2015-12-18 11:19:43
Document Modified: 2015-12-18 11:19:43
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | This direct final rule will be effective June 16, 2015, unless EPA receives adverse comments by May 18, 2015. If adverse comments are received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. | |
| Contact | Matt Rau, Environmental Engineer, Control Strategies Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6524, [email protected] | |
| FR Citation | 80 FR 21174 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations and Reporting and Recordkeeping Requirements |
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