80_FR_50740 80 FR 50579 - Air Plan Approval; Indiana; Alcoa BART

80 FR 50579 - Air Plan Approval; Indiana; Alcoa BART

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 161 (August 20, 2015)

Page Range50579-50582
FR Document2015-20528

The Environmental Protection Agency (EPA) is approving a revision to the Alcoa Best Available Retrofit Technology (BART) averaging time for nitrogen oxides (NO<INF>X</INF>) in the Indiana State Implementation Plan (SIP). On July 23, 2014, the Indiana Department of Environmental Management (IDEM) submitted to EPA a revision to the daily NO<INF>X</INF> emissions limits, changing from a rolling 24-hour average to a 24-hour daily average. IDEM provided a statistical analysis showing that no significant increase in emissions will occur as a result of this change. EPA is approving this SIP revision because it will not interfere with attainment or maintenance of the National Ambient Air Quality Standard (NAAQS).

Federal Register, Volume 80 Issue 161 (Thursday, August 20, 2015)
[Federal Register Volume 80, Number 161 (Thursday, August 20, 2015)]
[Rules and Regulations]
[Pages 50579-50582]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20528]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2014-0660; FRL-9932-18-Region 5]


Air Plan Approval; Indiana; Alcoa BART

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving a 
revision to the Alcoa Best Available Retrofit Technology (BART) 
averaging time for nitrogen oxides (NOX) in the Indiana 
State Implementation Plan (SIP). On July 23, 2014, the Indiana 
Department of Environmental Management (IDEM) submitted to EPA a 
revision to the daily NOX emissions limits, changing from a 
rolling 24-hour average to a 24-hour daily average. IDEM provided a 
statistical analysis showing that no significant increase in emissions 
will occur as a result of this change. EPA is approving this SIP 
revision because it will not interfere with attainment or maintenance 
of the National Ambient Air Quality Standard (NAAQS).

DATES: This direct final rule is effective October 19, 2015, unless EPA 
receives adverse comments by September 21, 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-2014-0660, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: blakley.pamela@epa.gov.
    3. Fax: (312) 692-2450.
    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.

[[Page 50580]]

    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2014-0660. 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 Carolyn Persoon, Environmental 
Engineer, at (312) 353-8290, before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Carolyn Persoon, Environmental 
Engineer, Control Strategies Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 353-8290, persoon.carolyn@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. Alternate Averaging Calculation
II. What action is EPA taking?
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Alternate Averaging Calculation

Background for Alcoa BART NOX Emission Limits and Calculations

    On June 11, 2012, EPA approved BART NOX emission limits 
and compliance requirements for Alcoa into the Indiana SIP to meet 
Regional Haze requirements (77 FR 34218).\1\ The rule, 326 IAC 26-2-2, 
sets emission limits, which include averaging times, for Alcoa's 
Warrick Power Station located in Newburgh, Indiana.
---------------------------------------------------------------------------

    \1\ EPA finalized a limited approval of revisions to the Indiana 
State Implementation Plan (SIP) submitted by the Indiana Department 
of Environmental Management (IDEM) on January 14, 2011, and March 
10, 2011, addressing regional haze for the first implementation 
period that ends 2018. This action was in accordance with the 
requirements of the Clean Air Act (CAA) and EPA's rules for states 
to prevent and remedy future and existing anthropogenic impairment 
of visibility in mandatory Class I areas through a regional haze 
program. As part of this action, EPA approved limits for the Alcoa 
facility that EPA finds satisfy the requirements for best available 
retrofit technology (BART).
---------------------------------------------------------------------------

    For the original Regional Haze SIP, IDEM submitted an engineering 
analysis for the rulemaking that included recommended BART limits for 
particulate matter (PM), sulfur dioxide (SO2) and 
NOX. For Alcoa's Warrick Plant Boilers 2 and 3, the 
averaging time for the NOX limit was a 24-hour rolling 
average. IDEM revised the rule 326 IAC 26-2-2 on March 12, 2014, with 
an effective date of June 29, 2014 to change the NOX 
averaging time for Boilers 2 and 3 to be 24-hour daily averages rather 
than 24-hour rolling averages, in order to be consistent with other 
pollutant averaging times.
    On March 12, 2014, the Indiana Environmental Rules Board approved 
these rule changes in accordance with the provisions of Title 13 of the 
Indiana Code. On November 20, 2013, IDEM provided a public notice and 
comment on the SIP revision in the Indiana Register. There were no 
requests for a public hearing, and no public comments were received.

Analysis of Revision

    EPA's approval is based on whether the rule revision meets the 
requirements of section 110(l) of the Clean Air Act (CAA), 42 U.S.C. 
4202(l). In particular, EPA considered whether the changes made to the 
compliance averaging times for Boilers 2 and 3 would allow for higher 
overall emissions of NOX on an hourly basis while still 
meeting the emission limits. IDEM submitted to EPA a supplemental 
analysis showing the maximum difference between the two calculation 
methods.
    IDEM's analysis compared the two averaging times using the Warrick 
Plant continuous emissions monitor (CEM) data for NOX from 
August 2013, the month with the highest NOX emissions. This 
data and analysis can be found in the docket. Using this data, IDEM 
calculated both 24-hour rolling and 24-hour daily averages for the 
NOX emissions, and then calculated the difference between 
each 24-hour period. The maximum calculated difference in emissions 
between the two methods was 0.01 pounds per million BTU (lbs/mmBTU), 
which EPA determined not to be statistically significant using a paired 
t-test analysis. EPA also evaluated air quality monitoring data for 
nitrogen dioxide (NO2), as well as fine particulate 
(PM2.5) and ozone, since NOX is a precursor for 
both. Current design values (2012-2014) for the NO2 1-hour 
standard (100 ppb), ozone (75 ppb) and PM2.5 standards (12 
[mu]g/m\3\ for the annual and 35 [mu]g/m\3\ for the 24-hour standard) 
for the area all show attainment of the standards at 35 ppb, 72 ppb, 
and 10.9 and 25 [mu]g/m\3\, respectively. See EPA's Web site on design 
values at http://www.epa.gov/airtrends/values.html. EPA has determined 
that the area will maintain the standards because ambient levels are 
currently below the NAAQS and continue to decline. A potential 
emissions increase of 0.01 lbs/mmBTU is not likely to cause a violation 
of the NAAQS, therefore noninterference has been demonstrated.
    The Indiana SIP revision is therefore approvable because the 
revision meets the requirements under 110(l), given that the area is 
attaining all applicable NAAQS, and that the revision will not impact 
the ability to maintain the NAAQS.

II. What action is EPA taking?

    EPA is approving a revision to the Alcoa BART averaging times for 
the Warrick Plant Boilers 2 and 3 (326 lAC 26-2-2(2)(C)(i)), from 24-
hour rolling average to 24-hour daily average. EPA's review and 
analysis has determined the revision will not interfere with attainment 
or maintenance of the NAAQS, as prescribed by section 110(l) of the 
CAA.

[[Page 50581]]

    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 amendment if relevant 
adverse written comments are filed. This rule will be effective October 
19, 2015 without further notice unless we receive relevant adverse 
written comments by September 21, 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. The 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 October 19, 2015.

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 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).

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. 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 theFederal 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 October 19, 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 today's 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, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: August 3, 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 under 
``Article 26. Regional Haze'', ``Rule 2. Best Available Retrofit 
Technology Emission Limitations'' by revising the entry for 26-2-2 
``Alcoa emission limitations and compliance methods'' to read as 
follows:


Sec.  52.770  Identification of plan.

* * * * *
    (c) * * *

[[Page 50582]]



                                        EPA-Approved Indiana Regulations
----------------------------------------------------------------------------------------------------------------
                                                  Indiana
   Indiana citation             Subject          effective      EPA Approval date               Notes
                                                    date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                            Article 26. Regional Haze
----------------------------------------------------------------------------------------------------------------
                         Rule 2. Best Available Retrofit Technology Emission Limitations
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
26-2-2................  Alcoa emission            6/29/2014  8/20/2015, [Insert
                         limitations and                      Federal Register
                         compliance methods.                  citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-20528 Filed 8-19-15; 8:45 am]
 BILLING CODE 6560-50-P



                                                              Federal Register / Vol. 80, No. 161 / Thursday, August 20, 2015 / Rules and Regulations                                        50579

                                             does not create an environmental risk to                PART 165—REGULATED NAVIGATION                         ENVIRONMENTAL PROTECTION
                                             health or risk to safety that may                       AREAS AND LIMITED ACCESS AREAS                        AGENCY
                                             disproportionately affect children.
                                                                                                     ■ 1. The authority citation for part 165              40 CFR Part 52
                                             11. Indian Tribal Governments                           continues to read as follows:                         [EPA–R05–OAR–2014–0660; FRL–9932–18–
                                                This rule does not have tribal                         Authority: 33 U.S.C. 1231; 50 U.S.C. 191;           Region 5]
                                             implications under Executive Order                      33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                             13175, Consultation and Coordination                    Department of Homeland Security Delegation            Air Plan Approval; Indiana; Alcoa
                                             with Indian Tribal Governments,                         No. 0170.1.                                           BART
                                             because it does not have a substantial                  ■ 2. Add § 165.T09–0716 to read as                    AGENCY: Environmental Protection
                                             direct effect on one or more Indian                     follows:                                              Agency (EPA).
                                             tribes, on the relationship between the                                                                       ACTION: Direct final rule.
                                             Federal Government and Indian tribes,                   § 165.T09–0716 Safety Zone; Whiskey
                                                                                                     Island Paddleboard Festival and Race; Lake            SUMMARY:    The Environmental Protection
                                             or on the distribution of power and
                                                                                                     Erie, Cleveland, OH.
                                             responsibilities between the Federal                                                                          Agency (EPA) is approving a revision to
                                             Government and Indian tribes.                             (a) Location. This zone will                        the Alcoa Best Available Retrofit
                                                                                                     encompass all waters of Lake Erie;                    Technology (BART) averaging time for
                                             12. Energy Effects                                      Cleveland Harbor, Cleveland, OH within                nitrogen oxides (NOX) in the Indiana
                                                                                                     the following positions: 41°29′59.5″ N                State Implementation Plan (SIP). On
                                               This action is not a ‘‘significant
                                                                                                     and 081°42′59.3″ W, then East to                      July 23, 2014, the Indiana Department of
                                             energy action’’ under Executive Order                   41°30′4.4″ N and 081°42′44.5″ W, then
                                             13211, Actions Concerning Regulations                                                                         Environmental Management (IDEM)
                                                                                                     North to 41°30′17.3″ N and 081°43′0.6″                submitted to EPA a revision to the daily
                                             That Significantly Affect Energy Supply,                W, then Southwest to 41°30′9.4″ N and
                                             Distribution, or Use.                                                                                         NOX emissions limits, changing from a
                                                                                                     081°43′2.0″ W, then East to 41°29′54.9″               rolling 24-hour average to a 24-hour
                                             13. Technical Standards                                 N and 081°43′34.4″ W, then Southeast                  daily average. IDEM provided a
                                                                                                     returning to the point of origin (NAD                 statistical analysis showing that no
                                               This rule does not use technical                      83).                                                  significant increase in emissions will
                                             standards. Therefore, we did not                          (b) Enforcement Period. This                        occur as a result of this change. EPA is
                                             consider the use of voluntary consensus                 regulation will be enforced on August                 approving this SIP revision because it
                                             standards.                                              22, 2015 from 6:45 a.m. until 12:15 p.m.              will not interfere with attainment or
                                             14. Environment                                           (c) Regulations. (1) In accordance with             maintenance of the National Ambient
                                                                                                     the general regulations in § 165.23 of                Air Quality Standard (NAAQS).
                                                We have analyzed this rule under                     this part, entry into, transiting, or                 DATES: This direct final rule is effective
                                             Department of Homeland Security                         anchoring within this safety zone is                  October 19, 2015, unless EPA receives
                                             Management Directive 023–01 and                         prohibited unless authorized by the                   adverse comments by September 21,
                                             Commandant Instruction M16475.lD,                       Captain of the Port Buffalo or his                    2015. If adverse comments are received,
                                             which guide the Coast Guard in                          designated on-scene representative.                   EPA will publish a timely withdrawal of
                                             complying with the National                               (2) This safety zone is closed to all               the direct final rule in the Federal
                                             Environmental Policy Act of 1969                        vessel traffic, except as may be                      Register informing the public that the
                                             (NEPA) (42 U.S.C. 4321–4370f), and                      permitted by the Captain of the Port                  rule will not take effect.
                                             have determined that this action is one                 Buffalo or his designated on-scene                    ADDRESSES: Submit your comments,
                                             of a category of actions that do not                    representative.                                       identified by Docket ID No. EPA–R05–
                                             individually or cumulatively have a                       (3) The ‘‘on-scene representative’’ of              OAR–2014–0660, by one of the
                                             significant effect on the human                         the Captain of the Port Buffalo is any                following methods:
                                             environment. This rule involves the                     Coast Guard commissioned, warrant or                     1. www.regulations.gov: Follow the
                                             establishment of a safety zone and,                     petty officer who has been designated                 on-line instructions for submitting
                                             therefore it is categorically excluded                  by the Captain of the Port Buffalo to act             comments.
                                             from further review under paragraph                     on his behalf.                                           2. Email: blakley.pamela@epa.gov.
                                             34(g) of Figure 2–1 of the Commandant                     (4) Vessel operators desiring to enter                 3. Fax: (312) 692–2450.
                                             Instruction. An environmental analysis                  or operate within the safety zone must                   4. Mail: Pamela Blakley, Chief,
                                             checklist supporting this determination                 contact the Captain of the Port Buffalo               Control Strategies Section, Air Programs
                                             and a Categorical Exclusion                             or his on-scene representative to obtain              Branch (AR–18J), U.S. Environmental
                                             Determination are available in the                      permission to do so. The Captain of the               Protection Agency, 77 West Jackson
                                             docket where indicated under                            Port Buffalo or his on-scene                          Boulevard, Chicago, Illinois 60604.
                                             ADDRESSES. We seek any comments or                      representative may be contacted via                      5. Hand Delivery: Pamela Blakley,
                                             information that may lead to the                        VHF Channel 16. Vessel operators given                Chief, Control Strategies Section, Air
                                             discovery of a significant environmental                permission to enter or operate in the                 Programs Branch (AR–18J), U.S.
                                             impact from this rule.                                  safety zone must comply with all                      Environmental Protection Agency, 77
                                                                                                     directions given to them by the Captain               West Jackson Boulevard, Chicago,
                                             List of Subjects in 33 CFR Part 165                                                                           Illinois 60604. Such deliveries are only
                                                                                                     of the Port Buffalo, or his on-scene
                                                                                                     representative.                                       accepted during the Regional Office
                                               Harbors, Marine safety, Navigation
                                                                                                                                                           normal hours of operation, and special
rmajette on DSK7SPTVN1PROD with RULES




                                             (water), Reporting and recordkeeping                      Dated: August 7, 2015.                              arrangements should be made for
                                             requirements, Security measures,                        B.W. Roche,                                           deliveries of boxed information. The
                                             Waterways.                                              Captain, U.S. Coast Guard, Captain of the             Regional Office official hours of
                                               For the reasons discussed in the                      Port Buffalo.                                         business are Monday through Friday,
                                             preamble, the Coast Guard amends 33                     [FR Doc. 2015–20610 Filed 8–19–15; 8:45 am]           8:30 a.m. to 4:30 p.m., excluding
                                             CFR part 165 as follows:                                BILLING CODE 9110–04–P                                Federal holidays.


                                        VerDate Sep<11>2014   15:15 Aug 19, 2015   Jkt 235001   PO 00000   Frm 00037   Fmt 4700   Sfmt 4700   E:\FR\FM\20AUR1.SGM   20AUR1


                                             50580            Federal Register / Vol. 80, No. 161 / Thursday, August 20, 2015 / Rules and Regulations

                                                Instructions: Direct your comments to                Chicago, Illinois 60604, (312) 353–8290,               (CAA), 42 U.S.C. 4202(l). In particular,
                                             Docket ID No. EPA–R05–OAR–2014–                         persoon.carolyn@epa.gov.                               EPA considered whether the changes
                                             0660. EPA’s policy is that all comments                 SUPPLEMENTARY INFORMATION:                             made to the compliance averaging times
                                             received will be included in the public                 Throughout this document whenever                      for Boilers 2 and 3 would allow for
                                             docket without change and may be                        ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean            higher overall emissions of NOX on an
                                             made available online at                                EPA. This supplementary information                    hourly basis while still meeting the
                                             www.regulations.gov, including any                      section is arranged as follows:                        emission limits. IDEM submitted to EPA
                                             personal information provided, unless                   I. Alternate Averaging Calculation
                                                                                                                                                            a supplemental analysis showing the
                                             the comment includes information                        II. What action is EPA taking?                         maximum difference between the two
                                             claimed to be Confidential Business                     III. Incorporation by Reference                        calculation methods.
                                             Information (CBI) or other information                  IV. Statutory and Executive Order Reviews                 IDEM’s analysis compared the two
                                             whose disclosure is restricted by statute.                                                                     averaging times using the Warrick Plant
                                             Do not submit information that you                      I. Alternate Averaging Calculation
                                                                                                                                                            continuous emissions monitor (CEM)
                                             consider to be CBI or otherwise                         Background for Alcoa BART NOX                          data for NOX from August 2013, the
                                             protected through www.regulations.gov                   Emission Limits and Calculations                       month with the highest NOX emissions.
                                             or email. The www.regulations.gov Web                      On June 11, 2012, EPA approved                      This data and analysis can be found in
                                             site is an ‘‘anonymous access’’ system,                 BART NOX emission limits and                           the docket. Using this data, IDEM
                                             which means EPA will not know your                      compliance requirements for Alcoa into                 calculated both 24-hour rolling and 24-
                                             identity or contact information unless                  the Indiana SIP to meet Regional Haze                  hour daily averages for the NOX
                                             you provide it in the body of your                      requirements (77 FR 34218).1 The rule,                 emissions, and then calculated the
                                             comment. If you send an email                           326 IAC 26–2–2, sets emission limits,                  difference between each 24-hour period.
                                             comment directly to EPA without going                   which include averaging times, for                     The maximum calculated difference in
                                             through www.regulations.gov your email                  Alcoa’s Warrick Power Station located                  emissions between the two methods was
                                             address will be automatically captured                  in Newburgh, Indiana.                                  0.01 pounds per million BTU (lbs/
                                             and included as part of the comment                       For the original Regional Haze SIP,                  mmBTU), which EPA determined not to
                                             that is placed in the public docket and                 IDEM submitted an engineering analysis                 be statistically significant using a paired
                                             made available on the Internet. If you                  for the rulemaking that included                       t-test analysis. EPA also evaluated air
                                             submit an electronic comment, EPA                       recommended BART limits for                            quality monitoring data for nitrogen
                                             recommends that you include your                        particulate matter (PM), sulfur dioxide                dioxide (NO2), as well as fine particulate
                                             name and other contact information in                   (SO2) and NOX. For Alcoa’s Warrick                     (PM2.5) and ozone, since NOX is a
                                             the body of your comment and with any                   Plant Boilers 2 and 3, the averaging time              precursor for both. Current design
                                             disk or CD–ROM you submit. If EPA                       for the NOX limit was a 24-hour rolling                values (2012–2014) for the NO2 1-hour
                                             cannot read your comment due to                         average. IDEM revised the rule 326 IAC                 standard (100 ppb), ozone (75 ppb) and
                                             technical difficulties and cannot contact               26–2–2 on March 12, 2014, with an                      PM2.5 standards (12 mg/m3 for the
                                             you for clarification, EPA may not be                   effective date of June 29, 2014 to change              annual and 35 mg/m3 for the 24-hour
                                             able to consider your comment.                          the NOX averaging time for Boilers 2                   standard) for the area all show
                                             Electronic files should avoid the use of                and 3 to be 24-hour daily averages                     attainment of the standards at 35 ppb,
                                             special characters, any form of                         rather than 24-hour rolling averages, in               72 ppb, and 10.9 and 25 mg/m3,
                                             encryption, and be free of any defects or               order to be consistent with other                      respectively. See EPA’s Web site on
                                             viruses.                                                pollutant averaging times.                             design values at http://www.epa.gov/
                                                Docket: All documents in the docket                    On March 12, 2014, the Indiana                       airtrends/values.html. EPA has
                                             are listed in the www.regulations.gov                   Environmental Rules Board approved                     determined that the area will maintain
                                             index. Although listed in the index,                    these rule changes in accordance with                  the standards because ambient levels are
                                             some information is not publicly                        the provisions of Title 13 of the Indiana              currently below the NAAQS and
                                             available, e.g., CBI or other information               Code. On November 20, 2013, IDEM                       continue to decline. A potential
                                             whose disclosure is restricted by statute.              provided a public notice and comment                   emissions increase of 0.01 lbs/mmBTU
                                             Certain other material, such as                         on the SIP revision in the Indiana                     is not likely to cause a violation of the
                                             copyrighted material, will be publicly                  Register. There were no requests for a                 NAAQS, therefore noninterference has
                                             available only in hard copy. Publicly                   public hearing, and no public comments                 been demonstrated.
                                             available docket materials are available                were received.                                            The Indiana SIP revision is therefore
                                             either electronically in                                                                                       approvable because the revision meets
                                             www.regulations.gov or in hard copy at                  Analysis of Revision
                                                                                                                                                            the requirements under 110(l), given
                                             the Environmental Protection Agency,                      EPA’s approval is based on whether                   that the area is attaining all applicable
                                             Region 5, Air and Radiation Division, 77                the rule revision meets the requirements               NAAQS, and that the revision will not
                                             West Jackson Boulevard, Chicago,                        of section 110(l) of the Clean Air Act                 impact the ability to maintain the
                                             Illinois 60604. This facility is open from                                                                     NAAQS.
                                             8:30 a.m. to 4:30 p.m., Monday through                    1 EPA finalized a limited approval of revisions to

                                             Friday, excluding Federal holidays. We                  the Indiana State Implementation Plan (SIP)            II. What action is EPA taking?
                                                                                                     submitted by the Indiana Department of
                                             recommend that you telephone Carolyn                    Environmental Management (IDEM) on January 14,            EPA is approving a revision to the
                                             Persoon, Environmental Engineer, at                     2011, and March 10, 2011, addressing regional haze     Alcoa BART averaging times for the
                                             (312) 353–8290, before visiting the                     for the first implementation period that ends 2018.    Warrick Plant Boilers 2 and 3 (326 lAC
                                             Region 5 office.                                        This action was in accordance with the
                                                                                                                                                            26–2–2(2)(C)(i)), from 24-hour rolling
rmajette on DSK7SPTVN1PROD with RULES




                                                                                                     requirements of the Clean Air Act (CAA) and EPA’s
                                             FOR FURTHER INFORMATION CONTACT:                        rules for states to prevent and remedy future and      average to 24-hour daily average. EPA’s
                                             Carolyn Persoon, Environmental                          existing anthropogenic impairment of visibility in     review and analysis has determined the
                                             Engineer, Control Strategies Section, Air               mandatory Class I areas through a regional haze        revision will not interfere with
                                                                                                     program. As part of this action, EPA approved
                                             Programs Branch (AR–18J),                               limits for the Alcoa facility that EPA finds satisfy
                                                                                                                                                            attainment or maintenance of the
                                             Environmental Protection Agency,                        the requirements for best available retrofit           NAAQS, as prescribed by section 110(l)
                                             Region 5, 77 West Jackson Boulevard,                    technology (BART).                                     of the CAA.


                                        VerDate Sep<11>2014   15:15 Aug 19, 2015   Jkt 235001   PO 00000   Frm 00038   Fmt 4700   Sfmt 4700   E:\FR\FM\20AUR1.SGM   20AUR1


                                                              Federal Register / Vol. 80, No. 161 / Thursday, August 20, 2015 / Rules and Regulations                                              50581

                                                We are publishing this action without                   • Is not a ‘‘significant regulatory                the U.S. House of Representatives, and
                                             prior proposal because we view this as                  action’’ subject to review by the Office              the Comptroller General of the United
                                             a noncontroversial amendment and                        of Management and Budget under                        States prior to publication of the rule in
                                             anticipate no adverse comments.                         Executive Orders 12866 (58 FR 51735,                  theFederal Register. A major rule
                                             However, in the proposed rules section                  October 4, 1993) and 13563 (76 FR 3821,               cannot take effect until 60 days after it
                                             of this Federal Register publication, we                January 21, 2011);                                    is published in the Federal Register.
                                             are publishing a separate document that                    • Does not impose an information                   This action is not a ‘‘major rule’’ as
                                             will serve as the proposal to approve the               collection burden under the provisions                defined by 5 U.S.C. 804(2).
                                             state plan amendment if relevant                        of the Paperwork Reduction Act (44                       Under section 307(b)(1) of the CAA,
                                             adverse written comments are filed.                     U.S.C. 3501 et seq.);                                 petitions for judicial review of this
                                             This rule will be effective October 19,                    • Is certified as not having a                     action must be filed in the United States
                                             2015 without further notice unless we                   significant economic impact on a                      Court of Appeals for the appropriate
                                             receive relevant adverse written                        substantial number of small entities                  circuit by October 19, 2015. Filing a
                                             comments by September 21, 2015. If we                   under the Regulatory Flexibility Act (5               petition for reconsideration by the
                                             receive such comments, we will                          U.S.C. 601 et seq.);                                  Administrator of this final rule does not
                                             withdraw this action before the effective                  • Does not contain any unfunded                    affect the finality of this action for the
                                             date by publishing a subsequent                         mandate or significantly or uniquely                  purposes of judicial review nor does it
                                             document that will withdraw the final                   affect small governments, as described                extend the time within which a petition
                                             action. All public comments received                    in the Unfunded Mandates Reform Act                   for judicial review may be filed, and
                                             will then be addressed in a subsequent                  of 1995 (Pub. L. 104–4);                              shall not postpone the effectiveness of
                                             final rule based on the proposed action.                   • Does not have Federalism                         such rule or action. Parties with
                                             The EPA will not institute a second                     implications as specified in Executive                objections to this direct final rule are
                                             comment period. Any parties interested                  Order 13132 (64 FR 43255, August 10,                  encouraged to file a comment in
                                             in commenting on this action should do                  1999);                                                response to the parallel notice of
                                             so at this time. Please note that if EPA                   • Is not an economically significant               proposed rulemaking for this action
                                             receives adverse comment on an                          regulatory action based on health or                  published in the proposed rules section
                                             amendment, paragraph, or section of                     safety risks subject to Executive Order               of today’s Federal Register, rather than
                                             this rule and if that provision may be                  13045 (62 FR 19885, April 23, 1997);                  file an immediate petition for judicial
                                             severed from the remainder of the rule,                    • Is not a significant regulatory action           review of this direct final rule, so that
                                             EPA may adopt as final those provisions                 subject to Executive Order 13211 (66 FR               EPA can withdraw this direct final rule
                                             of the rule that are not the subject of an              28355, May 22, 2001);                                 and address the comment in the
                                             adverse comment. If we do not receive                      • Is not subject to requirements of                proposed rulemaking. This action may
                                             any comments, this action will be                       Section 12(d) of the National                         not be challenged later in proceedings to
                                             effective October 19, 2015.                             Technology Transfer and Advancement                   enforce its requirements. (See section
                                                                                                     Act of 1995 (15 U.S.C. 272 note) because              307(b)(2).)
                                             III. Incorporation by Reference
                                                                                                     application of those requirements would
                                                                                                                                                           List of Subjects in 40 CFR Part 52
                                               In this rule, EPA is finalizing                       be inconsistent with the CAA; and
                                             regulatory text that includes                              • Does not provide EPA with the                      Environmental protection, Air
                                             incorporation by reference. In                          discretionary authority to address, as                pollution control, Incorporation by
                                             accordance with requirements of 1 CFR                   appropriate, disproportionate human                   reference, Intergovernmental relations,
                                             51.5, EPA is finalizing the incorporation               health or environmental effects, using                Particulate matter, Reporting and
                                             by reference of the Indiana Regulations                 practicable and legally permissible                   recordkeeping requirements.
                                             described in the amendments to 40 CFR                   methods, under Executive Order 12898                    Dated: August 3, 2015.
                                             part 52 set forth below. EPA has made,                  (59 FR 7629, February 16, 1994).                      Susan Hedman,
                                             and will continue to make, these                           In addition, the SIP is not approved               Regional Administrator, Region 5.
                                             documents generally available                           to apply on any Indian reservation land
                                             electronically through                                  or in any other area where EPA or an                      40 CFR part 52 is amended as follows:
                                             www.regulations.gov and/or in hard                      Indian tribe has demonstrated that a
                                             copy at the appropriate EPA office (see                 tribe has jurisdiction. In those areas of             PART 52—APPROVAL AND
                                             the ADDRESSES section of this preamble                  Indian country, the rule does not have                PROMULGATION OF
                                             for more information).                                  tribal implications and will not impose               IMPLEMENTATION PLANS
                                                                                                     substantial direct costs on tribal
                                             IV. Statutory and Executive Order                                                                             ■ 1. The authority citation for part 52
                                                                                                     governments or preempt tribal law as
                                             Reviews                                                                                                       continues to read as follows:
                                                                                                     specified by Executive Order 13175 (65
                                               Under the CAA, the Administrator is                   FR 67249, November 9, 2000).                              Authority: 42 U.S.C. 7401 et seq.
                                             required to approve a SIP submission                       The Congressional Review Act, 5                    ■ 2. In § 52.770 the table in paragraph
                                             that complies with the provisions of the                U.S.C. 801 et seq., as added by the Small             (c) is amended under ‘‘Article 26.
                                             CAA and applicable Federal regulations.                 Business Regulatory Enforcement                       Regional Haze’’, ‘‘Rule 2. Best Available
                                             42 U.S.C. 7410(k); 40 CFR 52.02(a).                     Fairness Act of 1996, generally provides              Retrofit Technology Emission
                                             Thus, in reviewing SIP submissions,                     that before a rule may take effect, the               Limitations’’ by revising the entry for
                                             EPA’s role is to approve state choices,                 agency promulgating the rule must                     26–2–2 ‘‘Alcoa emission limitations and
                                             provided that they meet the criteria of                 submit a rule report, which includes a                compliance methods’’ to read as
rmajette on DSK7SPTVN1PROD with RULES




                                             the CAA. Accordingly, this action                       copy of the rule, to each House of the                follows:
                                             merely approves state law as meeting                    Congress and to the Comptroller General
                                             Federal requirements and does not                       of the United States. EPA will submit a               § 52.770    Identification of plan.
                                             impose additional requirements. For                     report containing this action and other               *       *    *      *      *
                                             that reason, this action:                               required information to the U.S. Senate,                  (c) * * *




                                        VerDate Sep<11>2014   15:15 Aug 19, 2015   Jkt 235001   PO 00000   Frm 00039   Fmt 4700   Sfmt 4700   E:\FR\FM\20AUR1.SGM   20AUR1


                                             50582              Federal Register / Vol. 80, No. 161 / Thursday, August 20, 2015 / Rules and Regulations

                                                                                                       EPA-APPROVED INDIANA REGULATIONS
                                                                                                                          Indiana
                                               Indiana citation                          Subject                          effective                  EPA Approval date                    Notes
                                                                                                                            date


                                                        *                        *                       *                      *                       *                      *             *

                                                                                                                  Article 26. Regional Haze

                                                                                             Rule 2. Best Available Retrofit Technology Emission Limitations


                                                      *                        *                   *                            *                     *                   *                  *
                                             26–2–2 ...............   Alcoa emission limitations and compli-              6/29/2014     8/20/2015, [Insert Federal Register cita-
                                                                        ance methods.                                                     tion].

                                                        *                        *                       *                      *                       *                      *             *



                                             *      *       *         *    *                           correcting this error with today’s action.            current federal regulations and other
                                             [FR Doc. 2015–20528 Filed 8–19–15; 8:45 am]               Finally, EPA is updating the Montana                  material into air quality rules of the
                                             BILLING CODE 6560–50–P                                    nonregulatory provisions table to add                 ARM. The notice of proposed
                                                                                                       carbon monoxide maintenance plans for                 rulemaking (NPR) published on June 1,
                                                                                                       Billings, Montana, and Great Falls,                   2015 (80 FR 30984) proposed approval
                                             ENVIRONMENTAL PROTECTION                                  Montana approved by EPA on March 30,                  of Montana’s submissions with respect
                                             AGENCY                                                    2015 and April 1, 2015, respectively.                 to the following: Grammatical changes
                                                                                                       This action is being taken under section              made to ARM 17.8.102(1), and all
                                             40 CFR Part 52                                            110 of the Clean Air Act (CAA).                       revisions of 17.8.802(1)(c) and
                                             [EPA–R08–OAR–2010–0304, FRL 9932–53–                      DATES: This rule is effective on                      17.8.822(9) from the March 17, 2010
                                             Region 8]                                                 September 21, 2015.                                   submittal; revisions to ARM
                                                                                                       ADDRESSES: EPA has established a                      17.8.604(1)(a), 17.8.610(2), 17.8.612(10)
                                             Approval and Promulgation of Air                                                                                and (11), 17.8.613(8) and (9), 17.8.614(8)
                                                                                                       docket for this action under Docket ID
                                             Quality Implementation Plans;                                                                                   and (9), 17.8.615(6) and (7), and
                                                                                                       No. EPA–R08–OAR–2010–0304. All
                                             Montana; Revisions to the                                 documents in the docket are listed on                 17.8.763(3) from the November 22, 2011
                                             Administrative Rules of Montana;                          the www.regulations.gov Web site.                     submission; citations and references to
                                             Correction                                                Although listed in the index, some                    federal law and State rules superseding
                                             AGENCY:  Environmental Protection                         information is not publicly available,                and replacing all previous versions of
                                             Agency.                                                   e.g., CBI or other information whose                  ARM 17.8.102(1)(a), 17.8.102(1)(b), and
                                             ACTION: Final rule; correction.                           disclosure is restricted by statute.                  17.8.102(1)(c) from the September 19,
                                                                                                       Certain other material, such as                       2014 submittal; and language added to
                                             SUMMARY:    The Environmental Protection                  copyrighted material, is not placed on                ARM 17.8.102(3) and 17.8.102(4)(a)
                                             Agency (EPA) is approving State                           the Internet and will be publicly                     through (d) from the September 19, 2014
                                             Implementation Plan (SIP) revisions                       available only in hard copy form.                     submittal. The reasons for our approval
                                             submitted by the State of Montana on                      Publicly available docket materials are               are provided in detail in the NPR.
                                             March 17, 2010, August 1, 2011,                           available either electronically through                 For reasons explained in the NPR,
                                             November 22, 2011, and September 19,                      www.regulations.gov or in hard copy at                EPA also provided notice that language
                                             2014. The revisions are to the                            the Air Program, Environmental                        in ARM 17.8.102 with a State effective
                                             Administrative Rules of Montana (ARM)                     Protection Agency (EPA), Region 8,                    date of October 26, 2007 was in effect
                                             and include minor editorial and                           1595 Wynkoop Street, Denver, Colorado                 between January 16, 2010 and
                                             grammatical changes, updates to                           80202–1129. EPA requests that if at all               publication of our proposed notice on
                                             citations and references to federal and                   possible, you contact the individual                  June 1, 2015. Finally, for reasons
                                             state laws and regulations, revisions to                  listed in the FOR FURTHER INFORMATION                 explained in our NPR, EPA proposed to
                                             open burning rules, changes to the                        CONTACT section to view the hard copy                 correct erroneous amendatory
                                             process for appealing air quality                         of the docket. You may view the hard                  instructions published in the Federal
                                             permits, and providing a process for                      copy of the docket Monday through                     Register on January 29, 2010 (75 FR
                                             revocation of air quality permits when                    Friday, 8:00 a.m. to 4:00 p.m., excluding             4698).
                                             owners cannot be found by mail. Also                      federal holidays.
                                             in this action, EPA is correcting final                                                                         II. Response to Comments
                                                                                                       FOR FURTHER INFORMATION CONTACT:
                                             rules pertaining to Montana’s SIP. On                     Abby Fulton, Air Program, U.S.                          No comments were received on our
                                             January 29, 2010, EPA took direct final                   Environmental Protection Agency                       June 1, 2015 NPR.
                                             action to approve SIP revisions as                        (EPA), Region 8, Mail Code 8P–AR,                     III. Final Action
                                             submitted by the State of Montana on
rmajette on DSK7SPTVN1PROD with RULES




                                                                                                       1595 Wynkoop Street, Denver, Colorado
                                             January 16, 2009 and May 4, 2009. EPA                     80202–1129, 303–312–6563,                                EPA is approving grammatical
                                             subsequently discovered an error in our                   fulton.abby@epa.gov.                                  changes made to ARM 17.8.102(1), and
                                             January 29, 2010 direct final action                                                                            all revisions of 17.8.802(1)(c) and
                                             related to ‘‘incorporation by reference’’                 I. Background                                         17.8.822(9) from the March 17, 2010
                                             (IBR) materials and the associated                           The State of Montana submitted SIP                 submittal. We are approving the
                                             regulatory text numbering. EPA is                         revisions containing amendments to IBR                November 22, 2011 submittal’s revisions


                                        VerDate Sep<11>2014     15:15 Aug 19, 2015   Jkt 235001   PO 00000   Frm 00040   Fmt 4700   Sfmt 4700   E:\FR\FM\20AUR1.SGM   20AUR1



Document Created: 2015-12-15 11:08:26
Document Modified: 2015-12-15 11:08:26
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis direct final rule is effective October 19, 2015, unless EPA receives adverse comments by September 21, 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.
ContactCarolyn Persoon, Environmental Engineer, Control Strategies Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353-8290, [email protected]
FR Citation80 FR 50579 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Particulate Matter and Reporting and Recordkeeping Requirements

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR