81 FR 27330 - Air Plan Approval; Indiana; Commissioner's Orders for A.B. Brown and Clifty Creek

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 88 (May 6, 2016)

Page Range		27330-27332
FR Document		2016-10579

The Environmental Protection Agency (EPA) is finalizing approval of revisions to the Indiana State Implementation Plan (SIP) submitted by the Indiana Department of Environmental Management (IDEM) to EPA in parallel process form on January 27, 2016, and February 5, 2016, and final form on March 21, 2016, and March 31, 2016. The submittals consist of orders issued by the Commissioner of IDEM that require more stringent sulfur dioxide (SO<INF>2</INF>) emissions limits than those currently contained in the SIP for Vectren's A.B. Brown Generating Station (A.B. Brown) and Indiana-Kentucky Electric Corporation's Clifty Creek Generating Station (Clifty Creek). EPA proposed approval of these revisions to the Indiana SIP on February 25, 2016 and received no adverse comments. EPA's approval of these revisions makes the Commissioner's orders' SO<INF>2</INF> emissions limits and applicable reporting, recordkeeping, and compliance demonstration requirements federally enforceable.

Federal Register, Volume 81 Issue 88 (Friday, May 6, 2016)

[Federal Register Volume 81, Number 88 (Friday, May 6, 2016)]
[Rules and Regulations]
[Pages 27330-27332]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-10579]



[[Page 27330]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2016-0075; EPA-R05-OAR-2016-0090; FRL-9946-08-Region 5]


Air Plan Approval; Indiana; Commissioner's Orders for A.B. Brown 
and Clifty Creek

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is finalizing 
approval of revisions to the Indiana State Implementation Plan (SIP) 
submitted by the Indiana Department of Environmental Management (IDEM) 
to EPA in parallel process form on January 27, 2016, and February 5, 
2016, and final form on March 21, 2016, and March 31, 2016. The 
submittals consist of orders issued by the Commissioner of IDEM that 
require more stringent sulfur dioxide (SO2) emissions limits 
than those currently contained in the SIP for Vectren's A.B. Brown 
Generating Station (A.B. Brown) and Indiana-Kentucky Electric 
Corporation's Clifty Creek Generating Station (Clifty Creek). EPA 
proposed approval of these revisions to the Indiana SIP on February 25, 
2016 and received no adverse comments. EPA's approval of these 
revisions makes the Commissioner's orders' SO2 emissions 
limits and applicable reporting, recordkeeping, and compliance 
demonstration requirements federally enforceable.

DATES: This final rule is effective on June 6, 2016.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2016-0075 and EPA-R05-OAR-2016-0090. All documents in 
the docket are listed on the www.regulations.gov Web site. Although 
listed in the index, some information is not publicly available, i.e., 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either through www.regulations.gov or 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 Jenny Liljegren, 
Physical Scientist, at (312) 886-6832 before visiting the Region 5 
office.

FOR FURTHER INFORMATION CONTACT: Jenny Liljegren, Physical Scientist, 
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 886-6832, 
[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. Why did IDEM issue these commissioner's orders?
II. What are the SO2 limits in these Commissioner's 
orders?
III. By what criterion is EPA reviewing this SIP revision?
IV. What action is EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. Why did IDEM issue these Commissioner's orders?

    IDEM submitted parallel process revision requests to its SIP on 
January 27, 2016, and February 5, 2016, for A.B. Brown and Clifty 
Creek, respectively, and final revision requests on March 21, 2016, and 
March 31, 2016, for Clifty Creek and A.B. Brown, respectively. The 
submittals consist of orders issued by IDEM's Commissioner that 
establish more stringent SO2 emissions limits than those 
currently contained in the SIP for A.B. Brown and Clifty Creek. The 
orders also contain applicable reporting, recordkeeping, and compliance 
demonstration requirements. Each order contains a requirement to 
determine compliance by the use of a continuous emissions monitoring 
system (CEMS), to maintain records adequate to document compliance with 
the SO2 emissions limits, to submit to IDEM quarterly 
reports, and to apply to incorporate these order requirements, 
including the emissions limits, reporting and recordkeeping 
requirements, and methods to determine compliance into each facility's 
Part 70 operating permit, respectively. IDEM established these 
SO2 emissions limits to enable the areas near A.B. Brown and 
Clifty Creek to qualify in the future for being designated 
``attainment'' of the 2010 primary SO2 National Ambient Air 
Quality Standard (NAAQS). Under a Federal consent decree,\1\ EPA is 
required to designate, under the 2010 SO2 NAAQS, certain 
areas in the United States including the areas near A.B. Brown and 
Clifty Creek by July 2, 2016. The history of the 2010 SO2 
NAAQS and the consent decree is explained in detail in the February 25, 
2016 proposed rule (81 FR 9395).
---------------------------------------------------------------------------

    \1\ Sierra Club v. McCarthy, No. 3-13-cv-3953 (N.D.Cal. March 2, 
2015).
---------------------------------------------------------------------------

    The purpose of this rulemaking is to take action on IDEM's request 
to approve these Commissioner's orders into the Indiana SIP and thereby 
make them federally enforceable. It is not, however, to take action on 
whether the SO2 emissions limits in these Commissioner's 
orders are adequate for EPA to designate attainment of the 2010 
SO2 NAAQS for the areas near A.B. Brown and Clifty Creek. 
EPA intends to designate the areas near the sources that meet the 
criteria for the first phase of the consent decree designations, 
including the areas near A.B. Brown and Clifty Creek, under a separate 
future rulemaking, which was the subject of an EPA proposal on March 1, 
2016, ``EPA Responses to Certain State Designation Recommendations for 
the 2010 Sulfur Dioxide National Ambient Air Quality Standard: Notice 
of Availability and Public Comment Period'' (81 FR 10563).
    Indiana requested that EPA ``parallel process'' these SIP revisions 
to expedite action on the Commissioner's orders. Under this procedure, 
the state submitted copies of the draft revision requests to EPA on 
January 27, 2016, and February 5, 2016, for A.B. Brown and Clifty 
Creek, respectively, before completing its public comment process. EPA 
published a proposed rulemaking in the Federal Register (81 FR 9395) 
and solicited public comment in approximately the same timeframe during 
which the state solicited public comment. Indiana received and 
responded to comments received during its public process. EPA received 
two comments. One comment supported the proposed Clifty Creek emissions 
limit. A second comment, associated with the A.B. Brown order, was not 
germane to our current action.
    Indiana submitted its final SIP revision requests to EPA on March 
21, 2016, and March 31, 2016, for Clifty Creek and A.B. Brown, 
respectively. There were no changes to the original Commissioner's 
Orders (2016-01 and 2016-02). As a result, EPA is proceeding with this 
final rulemaking.

II. What are the SO2 limits in these Commissioner's orders?

    For A.B. Brown, Indiana issued Commissioner's Order 2016-01 on 
January 11, 2016, with a compliance date of April 19, 2016. This order 
established two new limits for A.B. Brown: One limit for Unit 1 when 
running alone and one limit for Units 1

[[Page 27331]]

and 2 when running simultaneously. The emissions limits are 0.855 lbs 
of SO2 per MMBTU for coal-fired boiler Unit 1 operating 
alone and 0.426 lbs of SO2 per MMBTU for Units 1 and 2 
operating simultaneously. These limits supplement a limit contained in 
a February 22, 1979, Prevention of Significant Deterioration (PSD) 
permit of 0.69 pounds per MMBTU for coal-fired boiler Unit 2.
    For Clifty Creek, Indiana issued Commissioner's Order 2016-02 on 
February 1, 2016, with a compliance date of April 19, 2016. This order 
established a combined emission limit for the six coal-fired boilers 
(Units No. 1 through No. 6) located at Clifty Creek of 2,624.5 lbs of 
SO2 per hour as a 720 operating hour rolling average when 
any of Units No.1 through No. 6, or any combination thereof, is 
operating.

III. By what criterion is EPA reviewing this SIP revision?

    EPA is evaluating these revisions on the basis of whether they 
strengthen Indiana's SIP. Prior to Commissioner's Order 2016-01, A.B. 
Brown had an SO2 emissions limit in its operating permit of 
6.0 lbs SO2 per MMBTU for coal-fired boiler Unit 1. Prior to 
Commissioner's Order 2016-02 Clifty Creek had an SO2 
emissions limit in its operating permit for Units 1 through 6 not to 
exceed 7.52 lbs of SO2 per MMBTU on a thirty (30) day 
rolling weighted average. The new SO2 emissions limits 
established by IDEM in Commissioner's Order 2016-01 and Commissioner's 
Order 2016-02 for A.B. Brown and Clifty Creek, respectively, are 
substantially more stringent than the previous limits and will 
therefore strengthen Indiana's SIP.
    The adequacy of these limits for providing for attainment of the 
2010 primary SO2 NAAQS is not a prerequisite for approval of 
these limits. Nevertheless, the purpose of these limits is to provide 
for attainment, and the adequacy of these limits for this purpose is 
addressed in a separate rulemaking (81 FR 10563). On February 16, 2016, 
EPA wrote a letter to Indiana stating that we intended to designate the 
areas near A.B. Brown and Clifty Creek as nonattainment in the absence 
of federally enforceable limits. The letter also stated that if the 
limits in the Commissioner's orders (2016-01 and 2016-02) were made 
federally enforceable, EPA anticipated that we would designate suitable 
portions of Posey county and Jefferson county as attainment/
unclassifiable. EPA solicited public comments on this proposal (81 FR 
10563), and EPA intends to make final the designation determinations 
for the areas of the country addressed by these responses, including 
the areas near A.B. Brown and Clifty Creek, no later than July 2, 2016. 
EPA received adverse comments pertaining, among other things, to the 
portion of this rulemaking that indicated that the A.B. Brown and 
Clifty Creek proposed limits, if made federally enforceable, would 
suffice to justify an attainment/unclassifiable designation. EPA is 
currently reviewing these and other comments received regarding that 
proposal.

IV. What action is EPA taking?

    EPA is finalizing approval of Commissioner's Order 2016-01 and 
Commissioner's Order 2016-02 into the Indiana SIP. EPA confirms that 
the SO2 emissions limits in these orders for A.B. Brown 
(Commissioner's Order 2016-01) and Clifty Creek (Commissioner's Order 
2016-02) are more stringent than the current SIP SO2 
emissions limits for these sources. By approving these Commissioner's 
orders into the Indiana SIP, these SO2 emissions limits and 
applicable reporting, recordkeeping, and compliance demonstration 
requirements contained in the orders become federally enforceable and 
strengthen the Indiana SIP.

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 
Administrative Code described in the amendments to 40 CFR part 52 set 
forth below. EPA has made, and will continue to make, these documents 
generally available electronically through www.regulations.gov and/or 
in hard copy at the appropriate EPA office (see the ADDRESSES section 
of this preamble for more information).

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Clean Air Act (CAA) 
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA. Accordingly, 
this action merely approves state law as meeting Federal requirements 
and does not impose additional requirements beyond those imposed by 
state law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it

[[Page 27332]]

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 July 5, 2016. 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. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: April 27, 2016.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.


0
2. In Sec.  52.770 the table in paragraph (d) is amended by adding new 
entries for ``A.B. Brown Generating Station'' and ``Clifty Creek 
Generating Station'', to read as follows:


Sec.  52.770  Identification of plan.

* * * * *
    (d) * * *

                                 EPA-Approved Indiana Source-Specific Provisions
----------------------------------------------------------------------------------------------------------------
            CO date                   Title         SIP rule     EPA approval              Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
1/11/2016.....................  A.B. Brown              N.A.  5/6/16, [insert    Limitation intended to support
                                 Generating                    Federal Register   attainment designation.
                                 Station.                      citation].
2/1/2016......................  Clifty Creek            N.A.  5/6/16, [insert    Limitation intended to support
                                 Generating                    Federal Register   attainment designation.
                                 Station.                      citation].
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2016-10579 Filed 5-5-16; 8:45 am]
 BILLING CODE 6560-50-P

Federal Register / Vol. 81, No. 88 / Friday, May 6, 2016 / Rules and Regulations 27331

and 2 when running simultaneously. these responses, including the areas Executive Orders 12866 (58 FR 51735,
The emissions limits are 0.855 lbs of near A.B. Brown and Clifty Creek, no October 4, 1993) and 13563 (76 FR 3821,
SO2 per MMBTU for coal-fired boiler later than July 2, 2016. EPA received January 21, 2011);
Unit 1 operating alone and 0.426 lbs of adverse comments pertaining, among • Does not impose an information
SO2 per MMBTU for Units 1 and 2 other things, to the portion of this collection burden under the provisions
operating simultaneously. These limits rulemaking that indicated that the A.B. of the Paperwork Reduction Act (44
supplement a limit contained in a Brown and Clifty Creek proposed limits, U.S.C. 3501 et seq.);
February 22, 1979, Prevention of if made federally enforceable, would • Is certified as not having a
Significant Deterioration (PSD) permit suffice to justify an attainment/ significant economic impact on a
of 0.69 pounds per MMBTU for coal- unclassifiable designation. EPA is substantial number of small entities
fired boiler Unit 2. currently reviewing these and other under the Regulatory Flexibility Act (5
For Clifty Creek, Indiana issued comments received regarding that U.S.C. 601 et seq.);
Commissioner’s Order 2016–02 on proposal. • Does not contain any unfunded
February 1, 2016, with a compliance mandate or significantly or uniquely
date of April 19, 2016. This order IV. What action is EPA taking? affect small governments, as described
established a combined emission limit EPA is finalizing approval of in the Unfunded Mandates Reform Act
for the six coal-fired boilers (Units No. Commissioner’s Order 2016–01 and of 1995 (Pub. L. 104–4);
1 through No. 6) located at Clifty Creek Commissioner’s Order 2016–02 into the • Does not have Federalism
of 2,624.5 lbs of SO2 per hour as a 720 Indiana SIP. EPA confirms that the SO2 implications as specified in Executive
operating hour rolling average when any emissions limits in these orders for A.B. Order 13132 (64 FR 43255, August 10,
of Units No.1 through No. 6, or any Brown (Commissioner’s Order 2016–01) 1999);
combination thereof, is operating. and Clifty Creek (Commissioner’s Order • Is not an economically significant
2016–02) are more stringent than the regulatory action based on health or
III. By what criterion is EPA reviewing safety risks subject to Executive Order
current SIP SO2 emissions limits for
this SIP revision? 13045 (62 FR 19885, April 23, 1997);
these sources. By approving these
EPA is evaluating these revisions on Commissioner’s orders into the Indiana • Is not a significant regulatory action
the basis of whether they strengthen SIP, these SO2 emissions limits and subject to Executive Order 13211 (66 FR
Indiana’s SIP. Prior to Commissioner’s applicable reporting, recordkeeping, and 28355, May 22, 2001);
Order 2016–01, A.B. Brown had an SO2 compliance demonstration requirements • Is not subject to requirements of
emissions limit in its operating permit contained in the orders become Section 12(d) of the National
of 6.0 lbs SO2 per MMBTU for coal-fired federally enforceable and strengthen the Technology Transfer and Advancement
boiler Unit 1. Prior to Commissioner’s Indiana SIP. Act of 1995 (15 U.S.C. 272 note) because
Order 2016–02 Clifty Creek had an SO2 application of those requirements would
emissions limit in its operating permit V. Incorporation by Reference be inconsistent with the CAA; and
for Units 1 through 6 not to exceed 7.52 In this rule, EPA is finalizing • Does not provide EPA with the
lbs of SO2 per MMBTU on a thirty (30) regulatory text that includes discretionary authority to address, as
day rolling weighted average. The new incorporation by reference. In appropriate, disproportionate human
SO2 emissions limits established by accordance with requirements of 1 CFR health or environmental effects, using
IDEM in Commissioner’s Order 2016–01 51.5, EPA is finalizing the incorporation practicable and legally permissible
and Commissioner’s Order 2016–02 for by reference of the Indiana methods, under Executive Order 12898
A.B. Brown and Clifty Creek, Administrative Code described in the (59 FR 7629, February 16, 1994).
respectively, are substantially more amendments to 40 CFR part 52 set forth In addition, the SIP is not approved
stringent than the previous limits and below. EPA has made, and will continue to apply on any Indian reservation land
will therefore strengthen Indiana’s SIP. to make, these documents generally or in any other area where EPA or an
The adequacy of these limits for available electronically through Indian tribe has demonstrated that a
providing for attainment of the 2010 www.regulations.gov and/or in hard tribe has jurisdiction. In those areas of
primary SO2 NAAQS is not a copy at the appropriate EPA office (see Indian country, the rule does not have
prerequisite for approval of these limits. the ADDRESSES section of this preamble tribal implications and will not impose
Nevertheless, the purpose of these limits for more information). substantial direct costs on tribal
is to provide for attainment, and the governments or preempt tribal law as
adequacy of these limits for this purpose VI. Statutory and Executive Order specified by Executive Order 13175 (65
is addressed in a separate rulemaking Reviews FR 67249, November 9, 2000).
(81 FR 10563). On February 16, 2016, Under the CAA, the Administrator is The Congressional Review Act, 5
EPA wrote a letter to Indiana stating that required to approve a SIP submission U.S.C. 801 et seq., as added by the Small
we intended to designate the areas near that complies with the provisions of the Business Regulatory Enforcement
A.B. Brown and Clifty Creek as Clean Air Act (CAA) and applicable Fairness Act of 1996, generally provides
nonattainment in the absence of Federal regulations. 42 U.S.C. 7410(k); that before a rule may take effect, the
federally enforceable limits. The letter 40 CFR 52.02(a). Thus, in reviewing SIP agency promulgating the rule must
also stated that if the limits in the submissions, EPA’s role is to approve submit a rule report, which includes a
Commissioner’s orders (2016–01 and state choices, provided that they meet copy of the rule, to each House of the
2016–02) were made federally the criteria of the CAA. Accordingly, Congress and to the Comptroller General
enforceable, EPA anticipated that we this action merely approves state law as of the United States. EPA will submit a
would designate suitable portions of meeting Federal requirements and does report containing this action and other
Lhorne on DSK30JT082PROD with RULES

Posey county and Jefferson county as not impose additional requirements required information to the U.S. Senate,
attainment/unclassifiable. EPA solicited beyond those imposed by state law. For the U.S. House of Representatives, and
public comments on this proposal (81 that reason, this action: the Comptroller General of the United
FR 10563), and EPA intends to make • Is not a significant regulatory action States prior to publication of the rule in
final the designation determinations for subject to review by the Office of the Federal Register. A major rule
the areas of the country addressed by Management and Budget under cannot take effect until 60 days after it

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27332 Federal Register / Vol. 81, No. 88 / Friday, May 6, 2016 / Rules and Regulations

is published in the Federal Register. challenged later in proceedings to PART 52—APPROVAL AND
This action is not a ‘‘major rule’’ as enforce its requirements. (See section PROMULGATION OF
defined by 5 U.S.C. 804(2). 307(b)(2).) IMPLEMENTATION PLANS
Under section 307(b)(1) of the CAA, List of Subjects in 40 CFR Part 52
petitions for judicial review of this ■ 1. The authority citation for part 52
continues to read as follows:
action must be filed in the United States Environmental protection, Air
Court of Appeals for the appropriate pollution control, Incorporation by Authority: 42 U.S.C. 7401 et seq.
circuit by July 5, 2016. Filing a petition reference, Intergovernmental relations, ■ 2. In § 52.770 the table in paragraph
for reconsideration by the Administrator Reporting and recordkeeping (d) is amended by adding new entries
of this final rule does not affect the requirements, Sulfur oxides. for ‘‘A.B. Brown Generating Station’’
finality of this action for the purposes of and ‘‘Clifty Creek Generating Station’’,
Dated: April 27, 2016.
judicial review nor does it extend the to read as follows:
time within which a petition for judicial Robert A. Kaplan,
review may be filed, and shall not Acting Regional Administrator, Region 5. § 52.770 Identification of plan.
postpone the effectiveness of such rule * * * * *
or action. This action may not be 40 CFR part 52 is amended as follows: (d) * * *

EPA-APPROVED INDIANA SOURCE-SPECIFIC PROVISIONS
CO date Title SIP rule EPA approval Explanation

* * * * * * *

1/11/2016 ............... A.B. Brown Gener- N.A. 5/6/16, [insert Federal Reg- Limitation intended to support attainment designation.
ating Station. ister citation].
2/1/2016 ................. Clifty Creek Gen- N.A. 5/6/16, [insert Federal Reg- Limitation intended to support attainment designation.
erating Station. ister citation].

* * * * * DATES: This regulation is effective May I. General Information
[FR Doc. 2016–10579 Filed 5–5–16; 8:45 am] 6, 2016. Objections and requests for
A. Does this action apply to me?
BILLING CODE 6560–50–P hearings must be received on or before
July 5, 2016, and must be filed in You may be potentially affected by
accordance with the instructions this action if you are an agricultural
ENVIRONMENTAL PROTECTION provided in 40 CFR part 178 (see also producer, food manufacturer, or
AGENCY Unit I.C. of the SUPPLEMENTARY pesticide manufacturer. The following
INFORMATION). list of North American Industrial
40 CFR Part 180 Classification System (NAICS) codes is
ADDRESSES: The docket for this action, not intended to be exhaustive, but rather
[EPA–HQ–OPP–2014–0591; FRL–9945–28] identified by docket identification (ID) provides a guide to help readers
number EPA–HQ–OPP–2014–0591, is determine whether this document
Methoxyfenozide; Pesticide Tolerances available at http://www.regulations.gov applies to them. Potentially affected
for Emergency Exemptions or at the Office of Pesticide Programs entities may include:
Regulatory Public Docket (OPP Docket) • Crop production (NAICS code 111).
AGENCY: Environmental Protection in the Environmental Protection Agency • Animal production (NAICS code
Agency (EPA). Docket Center (EPA/DC), West William 112).
ACTION: Final rule. Jefferson Clinton Bldg., Rm. 3334, 1301 • Food manufacturing (NAICS code
Constitution Ave. NW., Washington, DC 311).
SUMMARY: This regulation establishes 20460–0001. The Public Reading Room • Pesticide manufacturing (NAICS
time-limited tolerances for residues of is open from 8:30 a.m. to 4:30 p.m., code 32532).
methoxyfenozide in or on rice, grain Monday through Friday, excluding legal
and rice, bran resulting from use of holidays. The telephone number for the B. How can I get electronic access to
methoxyfenozide in accordance with Public Reading Room is (202) 566–1744, other related information?
the terms of an emergency exemption and the telephone number for the OPP You may access a frequently updated
issued under section 18 of the Federal Docket is (703) 305–5805. Please review electronic version of 40 CFR part 180
Insecticide, Fungicide, and Rodenticide the visitor instructions and additional through the Government Printing
Act (FIFRA). This action is in response information about the docket available Office’s e-CFR site at http://
to the California Department of at http://www.epa.gov/dockets. www.ecfr.gov/cgi-bin/text-
Pesticide Regulation’s issuance of a idx?&c=ecfr&tpl=/ecfrbrowse/Title40/
FOR FURTHER INFORMATION CONTACT:
crisis emergency exemption under 40tab_02.tpl.
Susan Lewis, Registration Division
FIFRA section 18 authorizing use of the
(7505P), Office of Pesticide Programs, C. How can I file an objection or hearing
pesticide on rice, bran and rice, grain.
Environmental Protection Agency, 1200
Lhorne on DSK30JT082PROD with RULES

This time-limited tolerance regulation request?
Pennsylvania Ave. NW., Washington,
establishes a maximum permissible Under section 408(g) of the Federal
DC 20460–0001; main telephone
level for residues of methoxyfenozide in Food, Drug, and Cosmetic Act (FFDCA),
number: (703) 305–7090; email address:
or on these commodities. These time- 21 U.S.C. 346a, any person may file an
RDFRNotices@epa.gov.
limited tolerances expire on December objection to any aspect of this regulation
31, 2019. SUPPLEMENTARY INFORMATION: and may also request a hearing on those

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Document Created: 2016-05-06 00:29:43
Document Modified: 2016-05-06 00:29:43

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This final rule is effective on June 6, 2016.
Contact		Jenny Liljegren, Physical Scientist, Attainment Planning and Maintenance Section, Air Programs Branch (AR- 18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6832, [email protected]
FR Citation		81 FR 27330
CFR Associated		Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Reporting and Recordkeeping Requirements and Sulfur Oxides