80 FR 54723 - Air Plan Approval; Indiana; SO2
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 176 (September 11, 2015)
Federal Register Volume 80, Issue 176 (September 11, 2015)
| Page Range | 54723-54725 | |
| FR Document | 2015-22716 |
[Federal Register Volume 80, Number 176 (Friday, September 11, 2015)] [Rules and Regulations] [Pages 54723-54725] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-22716] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2015-0380; FRL-9933-65-Region 5] Air Plan Approval; Indiana; SO2 Revision for Walsh and Kelly AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving a request submitted by the Indiana Department of Environmental Management (IDEM) on June 1, 2015, to revise the Indiana state implementation plan (SIP) for sulfur dioxide (SO2 ). The revision updates information regarding Walsh and Kelly, Incorporated, a hot mix asphalt plant located in Griffith, Lake County, Indiana. Walsh and Kelly, Incorporated, is replacing its aggregate drum dryer. The revision does not change any of the SO2 control requirements and will not result in an increase in SO2 emissions. DATES: This rule is effective on November 10, 2015, unless EPA receives adverse written comments by October 13, 2015. If EPA receives adverse comments, EPA will publish a timely withdrawal of the rule in the Federal Register and inform the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05- OAR-2015-0380, 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) 692-2450. 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. Instructions: Direct your comments to Docket ID No. EPA-R05-OAR- 2015-0380. 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 [[Page 54724]] 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 Charles Hatten, Environmental Engineer, (312) 886-6031 before visiting the Region 5 office. FOR FURTHER INFORMATION CONTACT: Charles Hatten, Environmental Engineer, Control Strategies Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312)886-6031, [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. General Information II. What is EPA approving? III. What are the changes from the current Rule? IV. What action is EPA taking? V. Incorporation by Reference IV. Statutory and Executive Order Reviews I. General Information A. Does this action apply to me? This action only applies to Walsh and Kelly, Incorporated, located in Griffith, Lake County, Indiana. B. Has public notice been provided? IDEM published a public notice of the revisions to the SIP on February 4, 2015, to update its SO2 rules that apply specifically to Walsh and Kelly, Incorporated. A public hearing on the revisions was held on March 11, 2015. There were no comments received. II. What is EPA approving? EPA is approving a revision to Indiana's SO2 SIP for Walsh and Kelly, Incorporated, a hot mix asphalt plant located in Griffith, Lake County, Indiana. Indiana's SO2 emission limits for Lake County are contained in Title 326 of the Indiana Administrative Code (IAC) in rule 7-4.1 (326 IAC 7-4.1). The SO2 emission limits pertaining to the Walsh and Kelly, Incorporated, facility are found at 326 IAC 7-4.1- 21. III. What are the changes from the current Rule? In 2013, Walsh and Kelly, Incorporated replaced its aggregate drum dryer. The older aggregate drum dryer burner design capacity was rated at 120 million British thermal units per hour (MMBtu/hr). The new aggregate drum dryer burner has a smaller design capacity, rated at 115 MMBtu/hr. IDEM made an administrative change to update rule 326 IAC 7-4.1- 21(b) to reference the new 115 MMBtu/hr aggregate drum dryer. Rule 326 IAC 7-4.1-21 provides SO2 emission limits for the Walsh and Kelly, Incorporated aggregate drum dryer, and allows the unit limited use of waste oil as a back-up fuel. IDEM did not revise any of the requirements that apply to using waste oil as a fuel. The SO2 emission limits of 42 pounds per hour and 25 tons per year remain unchanged. EPA finds the change to rule 326 IAC 7-4.1-21 approvable. IV. What action is EPA taking? EPA is approving revisions to Indiana's SO2 SIP which revise 326 IAC 7-4.1-21 for Walsh and Kelly, Incorporated, located in Griffith, Lake County, Indiana. The SIP revision will not result in an increase in SO2 emissions at the facility because the emission limits remain the same. 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 November 10, 2015 without further notice unless we receive relevant adverse written comments by October 13, 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. If we do not receive any comments, this action will be effective November 10, 2015. V. 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. The 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 [[Page 54725]] 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. 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 November 10, 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, Emissions Reporting, Incorporation by reference, Reporting and recordkeeping requirements, Sulfur dioxide. Dated: August 28, 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. Section 52.770, the table in paragraph (c) is amended by revising the entry for Rule 7-4.1-21 ``Walsh and Kelly sulfur dioxide emission limitations'' under the subheading entitled ``Rule 4.1 Lake County Sulfur Dioxide Emission Limitations'' under the heading entitled ``Article 7. Sulfur Dioxide Rules'' to read as follows: Sec. 52.770 Identification of plan. * * * * * (c) * * * EPA-Approved Indiana Regulations ---------------------------------------------------------------------------------------------------------------- Indiana Indiana citation Subject effective date EPA Approval date Notes ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Article 7. Sulfur Dioxide Rules ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Rule 4.1 Lake County Sulfur Dioxide Emission Limitations ---------------------------------------------------------------------------------------------------------------- * * * * * * * 7-4.1-21....................... Walsh and Kelly sulfur 5/29/2015 9/11/2015, dioxide emission [insert Federal limitations. Register citation]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2015-22716 Filed 9-10-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 176 / Friday, September 11, 2015 / Rules and Regulations 54723
system, separate service upon the by any other means are considered filed 3. Fax: (312) 692–2450.
opposing party is not required. upon receipt by the Recorder of a 4. Mail: Pamela Blakley, Chief,
Otherwise, documents shall be served complete copy of the filing during Control Strategies Section, Air Programs
personally or by mail on the opposing normal business hours (Normal Branch (AR–18J), U.S. Environmental
party, noting on the document filed, or Recorder office business hours are Protection Agency, 77 West Jackson
on the transmitting letter, that a copy between 8:45 a.m. and 4:45 p.m., Boulevard, Chicago, Illinois 60604.
has been so furnished. Eastern Time). If both parties are 5. Hand Delivery: Pamela Blakley,
* * * * * participating via the electronic filing Chief, Control Strategies Section, Air
system, separate service upon the Programs Branch (AR–18J), U.S.
PART 966—RULES OF PRACTICE IN opposing party is not required. Environmental Protection Agency, 77
PROCEEDINGS RELATIVE TO Otherwise, documents shall be served West Jackson Boulevard, Chicago,
ADMINISTRATIVE OFFSETS INITIATED personally or by mail on the opposing Illinois 60604. Such deliveries are only
AGAINST FORMER EMPLOYEES OF party, noting on the document filed, or accepted during the Regional Office
THE POSTAL SERVICE on the transmitting letter, that a copy normal hours of operation, and special
has been so furnished. arrangements should be made for
■ 4. The authority citation for 39 CFR deliveries of boxed information. The
* * * * *
part 966 continues to read as follows: Regional Office official hours of
Authority: 31 U.S.C. 3716; 39 U.S.C. 204, Stanley F. Mires, business are Monday through Friday,
401, 2601. Attorney, Federal Compliance. 8:30 a.m. to 4:30 p.m., excluding
[FR Doc. 2015–22881 Filed 9–10–15; 8:45 am] Federal holidays.
■ 5. In § 966.4, revise paragraph (c), and BILLING CODE 7710–12–P
Instructions: Direct your comments to
add a sentence at the beginning of Docket ID No. EPA–R05–OAR–2015–
paragraph (d) introductory text to read 0380. EPA’s policy is that all comments
as follows: received will be included in the public
ENVIRONMENTAL PROTECTION docket without change and may be
§ 966.4 Petition for a hearing and AGENCY made available online at
supplement to petition.
www.regulations.gov, including any
* * * * * 40 CFR Part 52
personal information provided, unless
(c) Within thirty (30) calendar days [EPA–R05–OAR–2015–0380; FRL–9933–65– the comment includes information
after the date of receipt of the Region 5] claimed to be Confidential Business
Accounting Service Center’s decision Information (CBI) or other information
upon reconsideration, after the Air Plan Approval; Indiana; SO2 whose disclosure is restricted by statute.
expiration of sixty (60) calendar days Revision for Walsh and Kelly Do not submit information that you
after a request for reconsideration where consider to be CBI or otherwise
a reconsideration determination is not AGENCY: Environmental Protection
Agency (EPA). protected through www.regulations.gov
made, or following an administrative or email. The www.regulations.gov Web
offset taken without prior notice and ACTION: Direct final rule. site is an ‘‘anonymous access’’ system,
opportunity for reconsideration which means EPA will not know your
pursuant to paragraph (b)(1) of this SUMMARY: The Environmental Protection
Agency (EPA) is approving a request identity or contact information unless
section, the former employee must file you provide it in the body of your
a written petition electronically at submitted by the Indiana Department of
Environmental Management (IDEM) on comment. If you send an email
https://uspsjoe.justware.com/justiceweb, comment directly to EPA without going
or by mail at Recorder, Judicial Officer June 1, 2015, to revise the Indiana state
implementation plan (SIP) for sulfur through www.regulations.gov your email
Department, United States Postal address will be automatically captured
Service, 2101 Wilson Blvd., Suite 600, dioxide (SO2). The revision updates
and included as part of the comment
Arlington, VA 22201–3078. information regarding Walsh and Kelly,
that is placed in the public docket and
(d) A sample petition is available Incorporated, a hot mix asphalt plant
made available on the Internet. If you
through the Judicial Officer Electronic located in Griffith, Lake County,
submit an electronic comment, EPA
Filing Web site (https:// Indiana. Walsh and Kelly, Incorporated,
recommends that you include your
uspsjoe.justware.com/justiceweb).* * * is replacing its aggregate drum dryer.
name and other contact information in
The revision does not change any of the
* * * * * the body of your comment and with any
SO2 control requirements and will not
■ 6. In § 966.6, revise paragraph (a) to disk or CD–ROM you submit. If EPA
result in an increase in SO2 emissions.
read as follows: cannot read your comment due to
DATES: This rule is effective on technical difficulties and cannot contact
§ 966.6 Filing, docketing, and serving November 10, 2015, unless EPA receives you for clarification, EPA may not be
documents; computation of time; adverse written comments by October able to consider your comment.
representation of parties. 13, 2015. If EPA receives adverse Electronic files should avoid the use of
(a) Filing. After a petition is filed, all comments, EPA will publish a timely special characters, any form of
documents required under this part withdrawal of the rule in the Federal encryption, and be free of any defects or
must be filed using the electronic filing Register and inform the public that the viruses.
system unless the Hearing Official rule will not take effect. Docket: All documents in the docket
permits otherwise. Documents ADDRESSES: Submit your comments, are listed in the www.regulations.gov
submitted using the electronic filing identified by Docket ID No. EPA–R05– index. Although listed in the index,
rmajette on DSK7SPTVN1PROD with RULES
system are considered filed as of the OAR–2015–0380, by one of the some information is not publicly
date/time (Eastern Time) reflected in the following methods: available, e.g., CBI or other information
system. Documents mailed to the 1. www.regulations.gov: Follow the whose disclosure is restricted by statute.
Recorder are considered filed on the on-line instructions for submitting Certain other material, such as
date mailed as evidenced by a United comments. copyrighted material, will be publicly
States Postal Service postmark. Filings 2. Email: blakley.pamela@epa.gov. available only in hard copy. Publicly
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![Federal Register / Vol. 80, No. 176 / Friday, September 11, 2015 / Rules and Regulations 54725
Indian tribe has demonstrated that a action must be filed in the United States and recordkeeping requirements, Sulfur
tribe has jurisdiction. In those areas of Court of Appeals for the appropriate dioxide.
Indian country, the rule does not have circuit by November 10, 2015. Filing a Dated: August 28, 2015.
tribal implications and will not impose petition for reconsideration by the
substantial direct costs on tribal Administrator of this final rule does not Susan Hedman,
governments or preempt tribal law as affect the finality of this action for the Regional Administrator, Region 5.
specified by Executive Order 13175 (65 purposes of judicial review nor does it 40 CFR part 52 is amended as follows:
FR 67249, November 9, 2000). extend the time within which a petition
The Congressional Review Act, 5 for judicial review may be filed, and PART 52—APPROVAL AND
U.S.C. 801 et seq., as added by the Small shall not postpone the effectiveness of PROMULGATION OF
Business Regulatory Enforcement such rule or action. Parties with IMPLEMENTATION PLANS
Fairness Act of 1996, generally provides objections to this direct final rule are
that before a rule may take effect, the encouraged to file a comment in ■ 1. The authority citation for part 52
agency promulgating the rule must response to the parallel notice of continues to read as follows:
submit a rule report, which includes a proposed rulemaking for this action
copy of the rule, to each House of the published in the proposed rules section Authority: 42 U.S.C. 7401 et seq.
Congress and to the Comptroller General of today’s Federal Register, rather than
■ 2. Section 52.770, the table in
of the United States. EPA will submit a file an immediate petition for judicial
report containing this action and other paragraph (c) is amended by revising the
review of this direct final rule, so that
required information to the U.S. Senate, entry for Rule 7–4.1–21 ‘‘Walsh and
EPA can withdraw this direct final rule
the U.S. House of Representatives, and Kelly sulfur dioxide emission
and address the comment in the
the Comptroller General of the United limitations’’ under the subheading
proposed rulemaking. This action may
States prior to publication of the rule in entitled ‘‘Rule 4.1 Lake County Sulfur
not be challenged later in proceedings to
the Federal Register. A major rule Dioxide Emission Limitations’’ under
enforce its requirements. (See section
cannot take effect until 60 days after it the heading entitled ‘‘Article 7. Sulfur
307(b)(2).)
is published in the Federal Register. Dioxide Rules’’ to read as follows:
This action is not a ‘‘major rule’’ as List of Subjects in 40 CFR Part 52
§ 52.770 Identification of plan.
defined by 5 U.S.C. 804(2). Environmental protection, Air
Under section 307(b)(1) of the CAA, pollution control, Emissions Reporting, * * * * *
petitions for judicial review of this Incorporation by reference, Reporting (c) * * *
EPA-APPROVED INDIANA REGULATIONS
Indiana Indiana
Subject EPA Approval date Notes
citation effective date
* * * * * * *
Article 7. Sulfur Dioxide Rules
* * * * * * *
Rule 4.1 Lake County Sulfur Dioxide Emission Limitations
* * * * * * *
7–4.1–21 ........................... Walsh and Kelly sulfur dioxide emission limitations .. 5/29/2015 9/11/2015, [insert Federal
Register citation].
* * * * * * *
* * * * * ENVIRONMENTAL PROTECTION SUMMARY: The Environmental Protection
[FR Doc. 2015–22716 Filed 9–10–15; 8:45 am] AGENCY Agency (EPA) is taking final action to
BILLING CODE 6560–50–P approve some elements of state
40 CFR Part 52 implementation plan (SIP) submissions
from Wisconsin regarding the
[EPA–R05–OAR–2014–0704; FRL–9933–62– infrastructure requirements of section
Region 5] 110 of the Clean Air Act (CAA) for the
2008 ozone, 2010 nitrogen dioxide
Air Plan Approval; Wisconsin;
(NO2), and 2010 sulfur dioxide (SO2)
Infrastructure SIP Requirements for
National Ambient Air Quality Standards
rmajette on DSK7SPTVN1PROD with RULES
the 2008 Ozone, 2010 NO2, and 2010
SO2 NAAQS (NAAQS). The infrastructure
requirements are designed to ensure that
AGENCY: Environmental Protection the structural components of each
Agency (EPA). state’s air quality management program
are adequate to meet the state’s
ACTION: Final rule. responsibilities under the CAA. The
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Document Created: 2015-12-15 09:59:59
Document Modified: 2015-12-15 09:59:59
| 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 rule is effective on November 10, 2015, unless EPA receives adverse written comments by October 13, 2015. If EPA receives adverse comments, EPA will publish a timely withdrawal of the rule in the Federal Register and inform the public that the rule will not take effect. | |
| Contact | Charles Hatten, Environmental Engineer, Control Strategies Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312)886-6031, [email protected] | |
| FR Citation | 80 FR 54723 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Emissions Reporting; Incorporation by Reference; Reporting and Recordkeeping Requirements and Sulfur Dioxide |
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