80_FR_80967 80 FR 80719 - Air Plan Approval; Indiana; Temporary Alternate Opacity Limits for American Electric Power, Rockport

80 FR 80719 - Air Plan Approval; Indiana; Temporary Alternate Opacity Limits for American Electric Power, Rockport

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 248 (December 28, 2015)

Page Range80719-80722
FR Document2015-32509

The Environmental Protection Agency (EPA) is proposing to approve a revision to the Indiana State Implementation Plan (SIP), authorizing temporary alternate opacity limits (TAOLs) at the American Electric Power, Rockport (AEP Rockport) facility during periods of unit startup and shutdown. This action is consistent with the Clean Air Act (CAA) and EPA policy regarding emissions during periods of startup and shutdown. Indiana has provided an air quality analysis demonstrating that this revision will continue to protect the applicable National Ambient Air Quality Standards (NAAQS) for fine particulate matter (PM<INF>2.5</INF>) in Spencer County.

Federal Register, Volume 80 Issue 248 (Monday, December 28, 2015)
[Federal Register Volume 80, Number 248 (Monday, December 28, 2015)]
[Proposed Rules]
[Pages 80719-80722]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-32509]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2015-0074; FRL-9940-58-Region 5]


Air Plan Approval; Indiana; Temporary Alternate Opacity Limits 
for American Electric Power, Rockport

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a revision to the Indiana State Implementation Plan (SIP), 
authorizing temporary alternate opacity limits (TAOLs) at the American 
Electric Power, Rockport (AEP Rockport) facility during periods of unit 
startup and shutdown. This action is consistent with the Clean Air Act 
(CAA) and EPA policy regarding emissions during periods of startup and 
shutdown. Indiana has provided an air quality analysis demonstrating 
that this revision will continue to protect the applicable National 
Ambient Air Quality Standards (NAAQS) for fine particulate matter 
(PM2.5) in Spencer County.

[[Page 80720]]


DATES: Comments must be received on or before January 27, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2015-0074, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (312) 692-2490.
    4. Mail: Pamela Blakley, Chief, Control Strategies Section, Air 
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West 
Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Pamela Blakley, Chief, Control Strategies 
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection 
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such 
deliveries are only accepted during the Regional Office normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information. The Regional Office official hours of business are 
Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal 
holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2015-0074. 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. For additional 
instructions on submitting comments, go to Section I of the 
SUPPLEMENTARY INFORMATION section of this document.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Environmental Protection 
Agency, Region 5, Air and Radiation Division, 77 West Jackson 
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. 
We recommend that you telephone Matt Rau, Environmental Engineer, at 
(312) 886-6524 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer, 
Control Strategies Section, Air Programs Branch (AR-18J), Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, (312) 886-6524, [email protected].

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

I. What should I consider as I prepare my comments for EPA?
II. What is the background for this action?
III. What is EPA's analysis?
IV. What action is EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. What should I consider as I prepare my comments for EPA?

    When submitting comments, remember to:
    1. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    2. Follow directions--EPA may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    3. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    4. Describe any assumptions and provide any technical information 
and/or data that you used.
    5. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    6. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    7. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    8. Make sure to submit your comments by the comment period deadline 
identified.

II. What is the background for this action?

    On July 16, 2002 (67 FR 46589), EPA approved a revision to 
Indiana's SIP to include 326 Indiana Administrative Code (IAC) 5-1-3, 
which provides a mechanism to establish TAOLs. The rule is consistent 
with the criteria contained in EPA's September 20, 1999, ``State 
Implementation Plans: Policy Regarding Excess Emissions During 
Malfunctions, Startup, and Shutdown'' memorandum. The criteria requires 
that: The frequency and duration of operation in startup or shutdown 
mode must be minimized to the extent possible; and the state must 
analyze the potential worst-case emissions that could occur during 
startup and shutdown to ensure that the NAAQS are protected. Indiana 
initially submitted TAOLs for 22 power plants with coal-fired boilers 
that use electrostatic precipitators (ESPs).\1\
---------------------------------------------------------------------------

    \1\ These facilities are identified in the attachment to the 
October 10, 2001, letter from Janet McCabe, IDEM Assistant 
Commissioner to Stephen Rothblatt, US EPA Region 5 Air Programs 
Branch Chief. They are: Alcoa Generating, AEP Tanners Creek, 
Crawfordsville Electric, Hoosier Energy Merom, Hoosier Energy Ratts, 
IKEC Clifty Creek, IPL Perry ``K'', IPL Stout, IPL Pritchard, IPL 
Petersburg units 1-3, NIPCCO Bailly, NIPSCO Michigan City, NIPSCO 
Schahfer, PSI Cayuga, PSI Edwardsport, PSI Gallagher, PSI Gibson, 
PSI Noblesville, PSI Wabash River, Richmond Power & Light, SIGECO 
Brown unit 1, and SIGECO Culley.
---------------------------------------------------------------------------

    326 IAC 5-1-3(d) provides for a TAOL, upon EPA approval, if the 
following criteria are met: (1) The source burns any combination of 
coal, wood, fuel oil, tire-derived fuel, or petroleum coke, (2) the 
source demonstrates that the TAOL is needed during periods of startup 
and shutdown and a demonstration is made that the TAOL will not 
interfere with the NAAQS, (3) Indiana determines that acceptable 
operating and maintenance procedures are being used, be based on 
information provided to the commissioner, (4) the commissioner may 
require the source to install a continuous opacity monitor (COM), (5) 
the TAOL shall be reviewed by the commissioner after two years of 
monitoring, (6) the commissioner may deny a request for a TAOL limit if 
economically and technically feasible

[[Page 80721]]

means are available to meet a more stringent opacity limit, and (7) the 
TAOL must be submitted to and approved by EPA.
    On January 13, 2015, Indiana requested a SIP revision to add 326 
IAC 5-1-8, which provides a mechanism to establish site-specific TAOLs. 
This provision was used to establish AEP Rockport Units #1 and #2 a 
TAOL during unit startup and shutdown. These two coal-fired boilers are 
each controlled by an ESP.
    The TAOL for unit startup is only allowed until the exhaust 
temperature reaches 250[emsp14][deg]F at the ESP inlet, up to a maximum 
of two hours (20 six-minute averaging periods). The TAOL for unit 
shutdown is only allowed when the exhaust temperature declines below 
250[emsp14][deg]F at the ESP inlet, up to a maximum of one and one-half 
(1.5) hours (15 six-minute averaging periods).

III. What is EPA's analysis?

    To support the SIP revision request, Indiana evaluated COMs data 
for Units #1 and #2, and air dispersion modeling. Air dispersion 
modeling was conducted using the AERMOD regulatory dispersion model 
with five years of meteorological data. The analysis included 
conservative suppositions for stack temperature and flow rate. Indiana 
used worst-case emission rates to predict the highest hourly emissions 
during a cold startup. The modeling results yielded an eighth high 24-
hour PM2.5 value of 22.2 micrograms per cubic meter 
([micro]g/m\3\), well below the 24-hour PM2.5 
standard of 35 [micro]g/m\3\. The air quality in the area will remain 
protected when Units #1 and #2 are operating with TOALs at the AEP 
Rockport facility.
    EPA has reviewed the COMs data provided in Indiana's submission on 
AEP Rockport's startups and shutdowns from 2001 until the first quarter 
of 2004. The AEP Rockport TAOLs appear to be set at appropriate levels, 
minimizing the TAOL duration. The startup TAOL for AEP Rockport is 
limited to two hours. The shutdown TAOL is limited to one hour, 30 
minutes. Both are less than the three-hour TAOL periods allowed under 
326 IAC 5-1-3(e)(2). Indiana has provided the facility's operation and 
maintenance procedures for its ESPs, which support the expectation that 
AEP Rockport will operate in a manner that will minimize emissions with 
well operating emission control. In addition, because the ESP exhaust 
must be warm enough for it to be safely operated, it is impractical to 
require operating the ESPs during startup and shutdown periods.
    Further, EPA reviewed the AEP Rockport COMs data from 2009 to 2013, 
which shows that it was in compliance with the opacity standards 99.81 
percent of the time. This indicates that the facility is generally in 
compliance with the opacity rule, even during the startup and shutdown 
periods covered by the TAOLs.
    EPA has determined the AEP Rockport TAOL meets the criteria 
contained in 326 IAC 5-1-3(d) as follows: (1) The AEP Rockport facility 
burns coal, (2) AEP Rockport has demonstrated that the TAOL is needed 
during periods of startup and shutdown, and that the TAOL will not 
interfere with the maintenance of the national ambient air quality 
standards, (3) Indiana has determined that acceptable operating and 
maintenance procedures are being used, based on information AEP 
Rockport provided, (4) AEP Rockport currently operates a COM for each 
boiler, (5) Indiana has determined that no economically and technically 
feasible controls are available to meet a more stringent limit, and (6) 
the TAOLs were submitted to EPA.\2\
---------------------------------------------------------------------------

    \2\ The requirement in 326 IAC 5-1-3(d)(5) related to Indiana 
review of monitoring data does not apply in this case because AEP 
has previously installed COMs and provided the necessary data.
---------------------------------------------------------------------------

IV. What action is EPA taking?

    EPA is proposing to approve the addition of 326 IAC 5-1-8 to the 
Indiana SIP. The rule provides AEP Rockport Units #1 and Unit #2 with 
TAOLs during unit startup and shutdown periods. This action is 
consistent with the Clean Air Act (CAA) and EPA policy regarding 
emissions during periods of startup and shutdown. Indiana has provided 
an air quality analysis demonstrating that this revision will continue 
to protect the applicable National Ambient Air Quality Standards 
(NAAQS) for PM2.5 in Spencer County.

V. Incorporation by Reference

    In this rule, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference Indiana Regulation 326 IAC 5-1-8 entitled ``Site-specific 
temporary alternative opacity limitations'', effective December 6, 
2014. 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 CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal

[[Page 80722]]

governments or preempt tribal law as specified by Executive Order 13175 
(65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: December 14, 2015.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2015-32509 Filed 12-24-15; 8:45 am]
BILLING CODE 6560-50-P



                                                                         Federal Register / Vol. 80, No. 248 / Monday, December 28, 2015 / Proposed Rules                                                80719

                                                    in response to requests for an extension                Products; Request for Information and                 docket to receive information and
                                                    to allow interested persons additional                  Comments.’’ Received comments will be                 comments on the use of the term
                                                    time to submit comments.                                placed in the docket and, except for                  ‘‘natural’’ in the labeling of human food
                                                    DATES: FDA is extending the comment                     those submitted as ‘‘Confidential                     products, including foods that are
                                                    period for a docket to receive                          Submissions,’’ publicly viewable at                   genetically engineered or contain
                                                    information and comments on the use of                  http://www.regulations.gov or at the                  ingredients produced through the use of
                                                    the term ‘‘natural’’ in the labeling of                 Division of Dockets Management                        genetic engineering. The notice
                                                    human food products. We established                     between 9 a.m. and 4 p.m., Monday                     discussed FDA’s position regarding the
                                                    the docket in a notice published on                     through Friday.                                       use of the term ‘‘natural’’, the events
                                                    November 12, 2015 (80 FR 69905).                           • Confidential Submissions—To                      that prompted us to establish a docket
                                                    Submit either electronic or written                     submit a comment with confidential                    to request comment on this issue, and
                                                    comments to the docket by May 10,                       information that you do not wish to be                specific questions. We provided a 90-
                                                    2016.                                                   made publicly available, submit your                  day comment period that was scheduled
                                                                                                            comments only as a written/paper                      to end on February 10, 2016.
                                                    ADDRESSES:  You may submit comments                     submission. You should submit two                        We received requests for a 90-day
                                                    by any of the following methods:                        copies total. One copy will include the               extension of the comment period. The
                                                    Electronic Submissions                                  information you claim to be confidential              requests conveyed concern that the
                                                                                                            with a heading or cover note that states              current 90-day comment period does
                                                      Submit electronic comments in the
                                                                                                            ‘‘THIS DOCUMENT CONTAINS                              not allow sufficient time to develop
                                                    following way:
                                                                                                            CONFIDENTIAL INFORMATION.’’ The                       meaningful or thoughtful comments to
                                                      • Federal eRulemaking Portal: http://
                                                                                                            Agency will review this copy, including               the questions and issues we presented
                                                    www.regulations.gov. Follow the
                                                                                                            the claimed confidential information, in              in the notice.
                                                    instructions for submitting comments.
                                                                                                            its consideration of comments. The                       FDA has considered the requests and
                                                    Comments submitted electronically,
                                                                                                            second copy, which will have the                      is extending the comment period for 90
                                                    including attachments, to http://
                                                                                                            claimed confidential information                      days, until May 10, 2016. We believe
                                                    www.regulations.gov will be posted to
                                                                                                            redacted/blacked out, will be available               that a 90-day extension allows adequate
                                                    the docket unchanged. Because your
                                                                                                            for public viewing and posted on                      time for interested persons to submit
                                                    comment will be made public, you are
                                                                                                            http://www.regulations.gov. Submit                    comments.
                                                    solely responsible for ensuring that your
                                                                                                            both copies to the Division of Dockets                  Dated: December 21, 2015.
                                                    comment does not include any
                                                                                                            Management. If you do not wish your
                                                    confidential information that you or a                                                                        Leslie Kux,
                                                                                                            name and contact information to be
                                                    third party may not wish to be posted,                                                                        Associate Commissioner for Policy.
                                                                                                            made publicly available, you can
                                                    such as medical information, your or                                                                          [FR Doc. 2015–32471 Filed 12–24–15; 8:45 am]
                                                                                                            provide this information on the cover
                                                    anyone else’s Social Security number, or                                                                      BILLING CODE 4164–01–P
                                                                                                            sheet and not in the body of your
                                                    confidential business information, such
                                                                                                            comments and you must identify this
                                                    as a manufacturing process. Please note
                                                                                                            information as ‘‘confidential.’’ Any
                                                    that if you include your name, contact                                                                        ENVIRONMENTAL PROTECTION
                                                                                                            information marked as ‘‘confidential’’
                                                    information, or other information that                                                                        AGENCY
                                                                                                            will not be disclosed except in
                                                    identifies you in the body of your
                                                                                                            accordance with 21 CFR 10.20 and other
                                                    comments, that information will be                                                                            40 CFR Part 52
                                                                                                            applicable disclosure law. For more
                                                    posted on http://www.regulations.gov.
                                                      • If you want to submit a comment                     information about FDA’s posting of                    [EPA–R05–OAR–2015–0074; FRL–9940–58–
                                                    with confidential information that you                  comments to public dockets, see 80 FR                 Region 5]
                                                    do not wish to be made available to the                 56469, September 18, 2015, or access
                                                                                                            the information at: http://www.fda.gov/               Air Plan Approval; Indiana; Temporary
                                                    public, submit the comment as a                                                                               Alternate Opacity Limits for American
                                                    written/paper submission and in the                     regulatoryinformation/dockets/
                                                                                                            default.htm.                                          Electric Power, Rockport
                                                    manner detailed (see ‘‘Written/Paper
                                                                                                               Docket: For access to the docket to                AGENCY:  Environmental Protection
                                                    Submissions’’ and ‘‘Instructions’’).
                                                                                                            read background documents or the                      Agency (EPA).
                                                    Written/Paper Submissions                               electronic and written/paper comments
                                                                                                                                                                  ACTION: Proposed rule.
                                                       Submit written/paper submissions as                  received, go to http://
                                                    follows:                                                www.regulations.gov and insert the                    SUMMARY:   The Environmental Protection
                                                       • Mail/Hand delivery/Courier (for                    docket number, found in brackets in the               Agency (EPA) is proposing to approve a
                                                    written/paper submissions): Division of                 heading of this document, into the                    revision to the Indiana State
                                                    Dockets Management (HFA–305), Food                      ‘‘Search’’ box and follow the prompts                 Implementation Plan (SIP), authorizing
                                                    and Drug Administration, 5630 Fishers                   and/or go to the Division of Dockets                  temporary alternate opacity limits
                                                    Lane, Rm. 1061, Rockville, MD 20852.                    Management, 5630 Fishers Lane, rm.                    (TAOLs) at the American Electric
                                                       • For written/paper comments                         1061, Rockville, MD 20852.                            Power, Rockport (AEP Rockport) facility
                                                    submitted to the Division of Dockets                    FOR FURTHER INFORMATION CONTACT:                      during periods of unit startup and
                                                    Management, FDA will post your                          Margaret-Hannah Emerick, Center for                   shutdown. This action is consistent
                                                    comment, as well as any attachments,                    Food Safety and Applied Nutrition                     with the Clean Air Act (CAA) and EPA
mstockstill on DSK4VPTVN1PROD with PROPOSALS




                                                    except for information submitted,                       (HFS–820), Food and Drug                              policy regarding emissions during
                                                    marked and identified, as confidential,                 Administration, 5100 Paint Branch                     periods of startup and shutdown.
                                                    if submitted as detailed in                             Pkwy., College Park, MD 20740, 240–                   Indiana has provided an air quality
                                                    ‘‘Instructions.’’                                       402–2371.                                             analysis demonstrating that this revision
                                                       Instructions: All submissions received               SUPPLEMENTARY INFORMATION: In the                     will continue to protect the applicable
                                                    must include the Docket No. FDA–                        Federal Register of November 12, 2015                 National Ambient Air Quality Standards
                                                    2014–N–1207 for ‘‘Use of the Term                       (80 FR 69905), we published a notice                  (NAAQS) for fine particulate matter
                                                    ‘Natural’ in the Labeling of Human Food                 announcing the establishment of a                     (PM2.5) in Spencer County.


                                               VerDate Sep<11>2014   13:06 Dec 24, 2015   Jkt 238001   PO 00000   Frm 00011   Fmt 4702   Sfmt 4702   E:\FR\FM\28DEP1.SGM   28DEP1


                                                    80720                Federal Register / Vol. 80, No. 248 / Monday, December 28, 2015 / Proposed Rules

                                                    DATES:   Comments must be received on                   encryption, and be free of any defects or             your estimate in sufficient detail to
                                                    or before January 27, 2016.                             viruses. For additional instructions on               allow for it to be reproduced.
                                                    ADDRESSES: Submit your comments,                        submitting comments, go to Section I of                  6. Provide specific examples to
                                                    identified by Docket ID No. EPA–R05–                    the SUPPLEMENTARY INFORMATION section                 illustrate your concerns, and suggest
                                                    OAR–2015–0074, by one of the                            of this document.                                     alternatives.
                                                    following methods:                                         Docket: All documents in the docket                   7. Explain your views as clearly as
                                                       1. www.regulations.gov: Follow the                   are listed in the www.regulations.gov                 possible, avoiding the use of profanity
                                                    on-line instructions for submitting                     index. Although listed in the index,                  or personal threats.
                                                    comments.                                               some information is not publicly                         8. Make sure to submit your
                                                       2. Email: blakley.pamela@epa.gov.                    available, e.g., CBI or other information             comments by the comment period
                                                       3. Fax: (312) 692–2490.                              whose disclosure is restricted by statute.            deadline identified.
                                                       4. Mail: Pamela Blakley, Chief,                      Certain other material, such as                       II. What is the background for this
                                                    Control Strategies Section, Air Programs                copyrighted material, will be publicly                action?
                                                    Branch (AR–18J), U.S. Environmental                     available only in hard copy. Publicly
                                                                                                            available docket materials are available                 On July 16, 2002 (67 FR 46589), EPA
                                                    Protection Agency, 77 West Jackson
                                                                                                            either electronically in                              approved a revision to Indiana’s SIP to
                                                    Boulevard, Chicago, Illinois 60604.
                                                                                                            www.regulations.gov or in hard copy at                include 326 Indiana Administrative
                                                       5. Hand Delivery: Pamela Blakley,
                                                                                                            the Environmental Protection Agency,                  Code (IAC) 5–1–3, which provides a
                                                    Chief, Control Strategies Section, Air
                                                                                                            Region 5, Air and Radiation Division, 77              mechanism to establish TAOLs. The
                                                    Programs Branch (AR–18J), U.S.
                                                                                                            West Jackson Boulevard, Chicago,                      rule is consistent with the criteria
                                                    Environmental Protection Agency, 77
                                                                                                            Illinois 60604. This facility is open from            contained in EPA’s September 20, 1999,
                                                    West Jackson Boulevard, Chicago,
                                                                                                            8:30 a.m. to 4:30 p.m., Monday through                ‘‘State Implementation Plans: Policy
                                                    Illinois 60604. Such deliveries are only
                                                                                                            Friday, excluding Federal holidays. We                Regarding Excess Emissions During
                                                    accepted during the Regional Office
                                                                                                            recommend that you telephone Matt                     Malfunctions, Startup, and Shutdown’’
                                                    normal hours of operation, and special
                                                                                                            Rau, Environmental Engineer, at (312)                 memorandum. The criteria requires that:
                                                    arrangements should be made for
                                                                                                            886–6524 before visiting the Region 5                 The frequency and duration of operation
                                                    deliveries of boxed information. The
                                                                                                            office.                                               in startup or shutdown mode must be
                                                    Regional Office official hours of
                                                                                                                                                                  minimized to the extent possible; and
                                                    business are Monday through Friday,                     FOR FURTHER INFORMATION CONTACT:         Matt         the state must analyze the potential
                                                    8:30 a.m. to 4:30 p.m., excluding                       Rau, Environmental Engineer, Control                  worst-case emissions that could occur
                                                    Federal holidays.                                       Strategies Section, Air Programs Branch               during startup and shutdown to ensure
                                                       Instructions: Direct your comments to                (AR–18J), Environmental Protection                    that the NAAQS are protected. Indiana
                                                    Docket ID No. EPA–R05–OAR–2015–                         Agency, Region 5, 77 West Jackson                     initially submitted TAOLs for 22 power
                                                    0074. EPA’s policy is that all comments                 Boulevard, Chicago, Illinois 60604,                   plants with coal-fired boilers that use
                                                    received will be included in the public                 (312) 886–6524, rau.matthew@epa.gov.                  electrostatic precipitators (ESPs).1
                                                    docket without change and may be                        SUPPLEMENTARY INFORMATION:                               326 IAC 5–1–3(d) provides for a
                                                    made available online at                                Throughout this document whenever                     TAOL, upon EPA approval, if the
                                                    www.regulations.gov, including any                      ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean           following criteria are met: (1) The
                                                    personal information provided, unless                   EPA. This supplementary information                   source burns any combination of coal,
                                                    the comment includes information                        section is arranged as follows:                       wood, fuel oil, tire-derived fuel, or
                                                    claimed to be Confidential Business
                                                                                                            I. What should I consider as I prepare my             petroleum coke, (2) the source
                                                    Information (CBI) or other information
                                                                                                                 comments for EPA?                                demonstrates that the TAOL is needed
                                                    whose disclosure is restricted by statute.
                                                                                                            II. What is the background for this action?           during periods of startup and shutdown
                                                    Do not submit information that you                      III. What is EPA’s analysis?                          and a demonstration is made that the
                                                    consider to be CBI or otherwise                         IV. What action is EPA taking?                        TAOL will not interfere with the
                                                    protected through www.regulations.gov                   V. Incorporation by Reference                         NAAQS, (3) Indiana determines that
                                                    or email. The www.regulations.gov Web                   VI. Statutory and Executive Order Reviews             acceptable operating and maintenance
                                                    site is an ‘‘anonymous access’’ system,
                                                                                                            I. What should I consider as I prepare                procedures are being used, be based on
                                                    which means EPA will not know your
                                                                                                            my comments for EPA?                                  information provided to the
                                                    identity or contact information unless
                                                                                                                                                                  commissioner, (4) the commissioner
                                                    you provide it in the body of your                        When submitting comments,                           may require the source to install a
                                                    comment. If you send an email                           remember to:                                          continuous opacity monitor (COM), (5)
                                                    comment directly to EPA without going                     1. Identify the rulemaking by docket                the TAOL shall be reviewed by the
                                                    through www.regulations.gov your email                  number and other identifying                          commissioner after two years of
                                                    address will be automatically captured                  information (subject heading, Federal                 monitoring, (6) the commissioner may
                                                    and included as part of the comment                     Register date and page number).                       deny a request for a TAOL limit if
                                                    that is placed in the public docket and                   2. Follow directions—EPA may ask                    economically and technically feasible
                                                    made available on the Internet. If you                  you to respond to specific questions or
                                                    submit an electronic comment, EPA                       organize comments by referencing a                       1 These facilities are identified in the attachment
                                                    recommends that you include your                        Code of Federal Regulations (CFR) part                to the October 10, 2001, letter from Janet McCabe,
                                                    name and other contact information in                   or section number.
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                                                                                                                                                                  IDEM Assistant Commissioner to Stephen Rothblatt,
                                                    the body of your comment and with any                     3. Explain why you agree or disagree;               US EPA Region 5 Air Programs Branch Chief. They
                                                                                                                                                                  are: Alcoa Generating, AEP Tanners Creek,
                                                    disk or CD–ROM you submit. If EPA                       suggest alternatives and substitute                   Crawfordsville Electric, Hoosier Energy Merom,
                                                    cannot read your comment due to                         language for your requested changes.                  Hoosier Energy Ratts, IKEC Clifty Creek, IPL Perry
                                                    technical difficulties and cannot contact                 4. Describe any assumptions and                     ‘‘K’’, IPL Stout, IPL Pritchard, IPL Petersburg units
                                                    you for clarification, EPA may not be                   provide any technical information and/                1–3, NIPCCO Bailly, NIPSCO Michigan City,
                                                                                                                                                                  NIPSCO Schahfer, PSI Cayuga, PSI Edwardsport,
                                                    able to consider your comment.                          or data that you used.                                PSI Gallagher, PSI Gibson, PSI Noblesville, PSI
                                                    Electronic files should avoid the use of                  5. If you estimate potential costs or               Wabash River, Richmond Power & Light, SIGECO
                                                    special characters, any form of                         burdens, explain how you arrived at                   Brown unit 1, and SIGECO Culley.



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                                                                         Federal Register / Vol. 80, No. 248 / Monday, December 28, 2015 / Proposed Rules                                            80721

                                                    means are available to meet a more                        Further, EPA reviewed the AEP                       VI. Statutory and Executive Order
                                                    stringent opacity limit, and (7) the                    Rockport COMs data from 2009 to 2013,                 Reviews
                                                    TAOL must be submitted to and                           which shows that it was in compliance                    Under the CAA, the Administrator is
                                                    approved by EPA.                                        with the opacity standards 99.81                      required to approve a SIP submission
                                                       On January 13, 2015, Indiana                         percent of the time. This indicates that              that complies with the provisions of the
                                                    requested a SIP revision to add 326 IAC                 the facility is generally in compliance               CAA and applicable Federal regulations.
                                                    5–1–8, which provides a mechanism to                    with the opacity rule, even during the                42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                                    establish site-specific TAOLs. This                     startup and shutdown periods covered                  Thus, in reviewing SIP submissions,
                                                    provision was used to establish AEP                     by the TAOLs.                                         EPA’s role is to approve state choices,
                                                    Rockport Units #1 and #2 a TAOL                           EPA has determined the AEP                          provided that they meet the criteria of
                                                    during unit startup and shutdown.                       Rockport TAOL meets the criteria                      the CAA. Accordingly, this action
                                                    These two coal-fired boilers are each                   contained in 326 IAC 5–1–3(d) as                      merely approves state law as meeting
                                                    controlled by an ESP.                                   follows: (1) The AEP Rockport facility                Federal requirements and does not
                                                       The TAOL for unit startup is only                    burns coal, (2) AEP Rockport has                      impose additional requirements beyond
                                                    allowed until the exhaust temperature                   demonstrated that the TAOL is needed                  those imposed by state law. For that
                                                    reaches 250 °F at the ESP inlet, up to a                during periods of startup and shutdown,               reason, this action:
                                                    maximum of two hours (20 six-minute                     and that the TAOL will not interfere                     • Is not a significant regulatory action
                                                    averaging periods). The TAOL for unit                   with the maintenance of the national                  subject to review by the Office of
                                                    shutdown is only allowed when the                       ambient air quality standards, (3)                    Management and Budget under
                                                    exhaust temperature declines below                      Indiana has determined that acceptable                Executive Orders 12866 (58 FR 51735,
                                                    250 °F at the ESP inlet, up to a                        operating and maintenance procedures                  October 4, 1993) and 13563 (76 FR 3821,
                                                    maximum of one and one-half (1.5)                       are being used, based on information                  January 21, 2011);
                                                    hours (15 six-minute averaging periods).                AEP Rockport provided, (4) AEP                           • Does not impose an information
                                                                                                            Rockport currently operates a COM for                 collection burden under the provisions
                                                    III. What is EPA’s analysis?                            each boiler, (5) Indiana has determined               of the Paperwork Reduction Act (44
                                                       To support the SIP revision request,                 that no economically and technically                  U.S.C. 3501 et seq.);
                                                    Indiana evaluated COMs data for Units                   feasible controls are available to meet a                • Is certified as not having a
                                                    #1 and #2, and air dispersion modeling.                 more stringent limit, and (6) the TAOLs               significant economic impact on a
                                                    Air dispersion modeling was conducted                   were submitted to EPA.2                               substantial number of small entities
                                                    using the AERMOD regulatory                             IV. What action is EPA taking?                        under the Regulatory Flexibility Act (5
                                                    dispersion model with five years of                                                                           U.S.C. 601 et seq.);
                                                    meteorological data. The analysis                         EPA is proposing to approve the                        • Does not contain any unfunded
                                                    included conservative suppositions for                  addition of 326 IAC 5–1–8 to the                      mandate or significantly or uniquely
                                                    stack temperature and flow rate. Indiana                Indiana SIP. The rule provides AEP                    affect small governments, as described
                                                    used worst-case emission rates to                       Rockport Units #1 and Unit #2 with                    in the Unfunded Mandates Reform Act
                                                    predict the highest hourly emissions                    TAOLs during unit startup and                         of 1995 (Pub. L. 104–4);
                                                    during a cold startup. The modeling                     shutdown periods. This action is                         • Does not have Federalism
                                                    results yielded an eighth high 24-hour                  consistent with the Clean Air Act (CAA)               implications as specified in Executive
                                                    PM2.5 value of 22.2 micrograms per                      and EPA policy regarding emissions                    Order 13132 (64 FR 43255, August 10,
                                                    cubic meter (mg/m3), well below the 24-                 during periods of startup and shutdown.               1999);
                                                    hour PM2.5 standard of 35 mg/m3. The air                Indiana has provided an air quality                      • Is not an economically significant
                                                    quality in the area will remain protected               analysis demonstrating that this revision             regulatory action based on health or
                                                    when Units #1 and #2 are operating                      will continue to protect the applicable               safety risks subject to Executive Order
                                                    with TOALs at the AEP Rockport                          National Ambient Air Quality Standards                13045 (62 FR 19885, April 23, 1997);
                                                    facility.                                               (NAAQS) for PM2.5 in Spencer County.                     • Is not a significant regulatory action
                                                       EPA has reviewed the COMs data                       V. Incorporation by Reference                         subject to Executive Order 13211 (66 FR
                                                    provided in Indiana’s submission on                                                                           28355, May 22, 2001);
                                                    AEP Rockport’s startups and shutdowns                      In this rule, EPA is proposing to                     • Is not subject to requirements of
                                                    from 2001 until the first quarter of 2004.              include in a final EPA rule regulatory                Section 12(d) of the National
                                                    The AEP Rockport TAOLs appear to be                     text that includes incorporation by                   Technology Transfer and Advancement
                                                    set at appropriate levels, minimizing the               reference. In accordance with                         Act of 1995 (15 U.S.C. 272 note) because
                                                    TAOL duration. The startup TAOL for                     requirements of 1 CFR 51.5, EPA is                    application of those requirements would
                                                    AEP Rockport is limited to two hours.                   proposing to incorporate by reference                 be inconsistent with the CAA; and
                                                    The shutdown TAOL is limited to one                     Indiana Regulation 326 IAC 5–1–8                         • Does not provide EPA with the
                                                    hour, 30 minutes. Both are less than the                entitled ‘‘Site-specific temporary                    discretionary authority to address, as
                                                    three-hour TAOL periods allowed under                   alternative opacity limitations’’,                    appropriate, disproportionate human
                                                    326 IAC 5–1–3(e)(2). Indiana has                        effective December 6, 2014. EPA has                   health or environmental effects, using
                                                    provided the facility’s operation and                   made, and will continue to make, these                practicable and legally permissible
                                                    maintenance procedures for its ESPs,                    documents generally available                         methods, under Executive Order 12898
                                                    which support the expectation that AEP                  electronically through                                (59 FR 7629, February 16, 1994).
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                                                    Rockport will operate in a manner that                  www.regulations.gov and/or in hard                       In addition, the SIP is not approved
                                                    will minimize emissions with well                       copy at the appropriate EPA office (see               to apply on any Indian reservation land
                                                    operating emission control. In addition,                the ADDRESSES section of this preamble                or in any other area where EPA or an
                                                    because the ESP exhaust must be warm                    for more information).                                Indian tribe has demonstrated that a
                                                    enough for it to be safely operated, it is                2 The requirement in 326 IAC 5–1–3(d)(5) related
                                                                                                                                                                  tribe has jurisdiction. In those areas of
                                                    impractical to require operating the                    to Indiana review of monitoring data does not apply
                                                                                                                                                                  Indian country, the rule does not have
                                                    ESPs during startup and shutdown                        in this case because AEP has previously installed     tribal implications and will not impose
                                                    periods.                                                COMs and provided the necessary data.                 substantial direct costs on tribal


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                                                    80722                Federal Register / Vol. 80, No. 248 / Monday, December 28, 2015 / Proposed Rules

                                                    governments or preempt tribal law as                       4. Hand Delivery or Courier. Deliver               authorization in the preamble to the
                                                    specified by Executive Order 13175 (65                  your comments to Alima Patterson,                     direct final rule. Unless we get written
                                                    FR 67249, November 9, 2000).                            Region 6, Regional Authorization                      comments which oppose this
                                                                                                            Coordinator, State/Tribal Oversight                   authorization during the comment
                                                    List of Subjects in 40 CFR Part 52
                                                                                                            Section (6PD–O), Multimedia Planning                  period, the direct final rule will become
                                                      Environmental protection, Air                         and Permitting Division, EPA Region 6,                effective 60 days after publication and
                                                    pollution control, Incorporation by                     1445 Ross Avenue, Dallas, Texas 75202–                we will not take further action on this
                                                    reference, Intergovernmental relations,                 2733.                                                 proposal. If we receive comments that
                                                    Particulate matter, Reporting and                          Instructions: Do not submit                        oppose this action, we will withdraw
                                                    recordkeeping requirements.                             information that you consider to be CBI               the direct final rule and it will not take
                                                      Dated: December 14, 2015.                             or otherwise protected through                        effect. We will then respond to public
                                                    Susan Hedman,                                           regulations.gov, or email. Direct your                comments in a later final rule based on
                                                    Regional Administrator, Region 5.                       comment to Docket No. EPA–R06–                        this proposal. You may not have another
                                                    [FR Doc. 2015–32509 Filed 12–24–15; 8:45 am]
                                                                                                            RCRA–2015–0109. The Federal                           opportunity for comment. If you want to
                                                    BILLING CODE 6560–50–P
                                                                                                            regulations.gov Web site is an                        comment on this action, you must do so
                                                                                                            ‘‘anonymous access’’ system, which                    at this time.
                                                                                                            means the EPA will not know your                         The purpose of this Federal Register
                                                    ENVIRONMENTAL PROTECTION                                identity or contact information unless                document is to codify Texas’ base
                                                    AGENCY                                                  you provide it in the body of your                    hazardous waste management program
                                                                                                            comment. If you send an email                         and its revisions to that program
                                                    40 CFR Parts 271 and 272                                comment directly to the EPA without                   through RCRA Cluster XXI (see 79 FR
                                                                                                            going through regulations.gov, your                   52220; September 3, 2014). The EPA
                                                    [EPA–R06–RCRA–2015–0110; FRL–9939–
                                                    50–Region 6]                                            email address will be automatically                   provided notices and opportunity for
                                                                                                            captured and included as part of the                  comments on the Agency’s decisions to
                                                    Texas: Final Authorization of State-                    comment that is placed in the public                  authorize the Texas program, and the
                                                    initiated Changes and Incorporation by                  docket and made available on the                      EPA is not now reopening the decisions,
                                                    Reference of State Hazardous Waste                      Internet. If you submit an electronic                 nor requesting comments, on the Texas
                                                    Management Program                                      comment, the EPA recommends that                      authorizations as published in FR
                                                                                                            you include your name and other                       notices specified in Section I.F of the
                                                    AGENCY:  Environmental Protection                       contact information in the body of your               direct final rule FR document.
                                                    Agency (EPA).                                           comment and with any disk or CD–ROM                      This document incorporates by
                                                    ACTION: Proposed rule.                                  you submit. If the EPA cannot read your               reference Texas’ hazardous waste
                                                    SUMMARY:    During a review of Texas’                   comment due to technical difficulties                 statutes and regulations and clarifies
                                                    regulations, the Environmental                          and cannot contact you for clarification,             which of these provisions are included
                                                    Protection Agency (EPA) identified a                    the EPA may not be able to consider                   in the authorized and federally
                                                    variety of State-initiated changes to                   your comment. Electronic files should                 enforceable program. By codifying
                                                    Texas’ hazardous waste program under                    avoid the use of special characters, any              Texas’ authorized program and by
                                                    the Resource Conservation and                           form of encryption, and be free of any                amending the Code of Federal
                                                    Recovery Act, as amended (RCRA), for                    defects or viruses. You can view and                  Regulations, the public will be more
                                                    which the State had not previously                      copy Texas’ application and associated                easily able to discern the status of
                                                    sought authorization. The EPA proposes                  publicly available materials from 8:30                federally approved requirements of the
                                                    to authorize the State for the program                  a.m. to 4 p.m. Monday through Friday                  Texas hazardous waste management
                                                    changes. In addition, the EPA proposes                  at the following location: EPA, Region 6,             program.
                                                    to codify in the regulations entitled                   1445 Ross Avenue, Dallas, Texas 75202–                  Dated: October 1, 2015.
                                                    ‘‘Approved State Hazardous Waste                        2733, phone number (214) 665–8533.
                                                                                                                                                                  Ron Curry,
                                                    Management Programs, ‘‘Texas’                           Interested persons wanting to examine
                                                                                                                                                                  Regional Administrator, Region 6.
                                                    authorized hazardous waste program’’.                   these documents should make an
                                                                                                            appointment with the office at least two              [FR Doc. 2015–31876 Filed 12–24–15; 8:45 am]
                                                    The EPA will incorporate by reference
                                                    into the Code of Federal Regulations                    weeks in advance.                                     BILLING CODE 6560–50–P

                                                    (CFR) those provisions of the State                     FOR FURTHER INFORMATION CONTACT:
                                                    regulations that are authorized and that                Alima Patterson at (214) 665–8533 or
                                                    the EPA will enforce under RCRA.                        Julia Banks at (214) 665–8178, State/                 FEDERAL COMMUNICATIONS
                                                                                                            Tribal Oversight Section (6PD–O),                     COMMISSION
                                                    DATES: Send your written comments by
                                                    January 27, 2016.                                       Multimedia Planning and Permitting
                                                                                                            Division, EPA Region 6, 1445 Ross                     47 CFR Parts 20 and 68
                                                    ADDRESSES: Submit any comments
                                                    identified by Docket ID No. EPA–R06–                    Avenue, Dallas, Texas 75202–2733,                     [CG Docket Nos. 12–32 and 13–46 and WT
                                                    RCRA–2015–0110 by one of the                            (214) 665–8533) and Email address                     Docket Nos. 07–250 and 10–254; FCC 15–
                                                                                                            patterson.alima@epa.gov and                           144]
                                                    following methods:
                                                       1. Federal eRulemaking Portal: http://               bank.julia@epa.gov.
                                                                                                                                                                  Hearing Aid Compatibility Standards
                                                                                                            SUPPLEMENTARY INFORMATION: In the
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                                                    www.regulations.gov. Follow the on-line
                                                    instructions for submitting comments.                   ‘‘Rules and Regulations’’ section of this             AGENCY:  Federal Communications
                                                       2. Email: patterson.alima@epa.gov.                   Federal Register, EPA is authorizing the              Commission.
                                                       3. Mail: Alima Patterson, Region 6,                  changes by direct final rule. EPA did not             ACTION: Proposed rule.
                                                    Regional Authorization Coordinator,                     make a proposal prior to the direct final
                                                    State/Tribal Oversight Section (6PD–O),                 rule because we believe this action is                SUMMARY:  In this document, the
                                                    Multimedia Planning and Permitting                      not controversial and do not expect                   Commission proposes to amend its
                                                    Division, EPA Region 6, 1445 Ross                       comments that oppose it. We have                      hearing aid compatibility (HAC) rules to
                                                    Avenue, Dallas, Texas 75202–2733.                       explained the reasons for this                        enhance equal access to the national


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Document Created: 2018-03-02 09:23:48
Document Modified: 2018-03-02 09:23:48
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received on or before January 27, 2016.
ContactMatt Rau, Environmental Engineer, Control Strategies Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6524, [email protected]
FR Citation80 FR 80719 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Particulate Matter and Reporting and Recordkeeping Requirements

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