81_FR_8684 81 FR 8650 - Air Plan Approval; Indiana; Particulate Matter Emissions Limits Revision

81 FR 8650 - Air Plan Approval; Indiana; Particulate Matter Emissions Limits Revision

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 34 (February 22, 2016)

Page Range8650-8654
FR Document2016-03490

Under the Clean Air Act (CAA), the Environmental Protection Agency (EPA) is approving a June 1, 2015, request by Indiana to revise the State Implementation Plan (SIP) to incorporate changes to the particulate matter (PM) rules contained in Title 326 of the Indiana Administrative Code (IAC). This approval affects sources of PM in the state of Indiana.

Federal Register, Volume 81 Issue 34 (Monday, February 22, 2016)
[Federal Register Volume 81, Number 34 (Monday, February 22, 2016)]
[Rules and Regulations]
[Pages 8650-8654]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-03490]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2015-0379; FRL-9942-54-Region 5]


Air Plan Approval; Indiana; Particulate Matter Emissions Limits 
Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: Under the Clean Air Act (CAA), the Environmental Protection 
Agency (EPA) is approving a June 1, 2015, request by Indiana to revise 
the State Implementation Plan (SIP) to incorporate changes to the 
particulate matter (PM) rules contained in Title 326 of the Indiana 
Administrative Code (IAC). This approval affects sources of PM in the 
state of Indiana.

DATES: This direct final rule will be effective April 22, 2016, unless 
EPA receives adverse comments by March 23, 2016. If adverse comments 
are received, EPA will publish a timely withdrawal of the direct final 
rule in the Federal Register informing the public that the rule will 
not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2015-0379 at http://www.regulations.gov or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the Web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Anthony Maietta, Environmental 
Protection Specialist, Control Strategies Section, Air Programs Branch 
(AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 353-8777, 
[email protected].

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

I. What is the background for this action?
II. What is EPA's analysis of the SIP revision?
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. What is the background for this action?

    On June 1, 2015, the Indiana Department of Environmental Management 
(IDEM) submitted a request for EPA to approve revisions to PM rules 
contained in 326 IAC 6.5 and 6.8. The revisions to these rules were 
published in the May 28, 2015, edition of the Indiana Register. On 
January 14, 2015, IDEM held the first of two public hearings on 
revisions to these rules. IDEM received comments during its January 14, 
2015, public hearing, and IDEM revised its rules in response to those 
comments. IDEM's second public hearing was held on March 11, 2015. IDEM 
did not receive any comments at its March 11, 2015, public hearing.

II. What is EPA's analysis of the SIP revision?

    Below is a discussion of changes to 326 IAC 6.5:

 Sections 4-2, 4-17 and 4-24

    Revisions to 326 IAC 6.5-4-2 and 326 IAC 6.5-4-17 consolidate the 
identification numbers of the Kimball Office facilities in Jasper 
Indiana from 00046 and 00042 to 00100. The revision to 326 IAC 6.5-4-24 
revises the business name of the regulated source from Styline 
Industries, Inc. Plant #8 to OFS Brands, Inc.--Plant #3. These 
administrative revisions provide clarity to the existing rule and are 
approvable into the Indiana SIP.

[[Page 8651]]

 Section 5-2

    Revisions to 326 IAC 6.5-5-2 update the business name of the 
regulated source from Chrysler Group to FCA US, and the source 
identification number for boiler 4 at the FCA US, LLC Kokomo 
Transmission Plant from 00065 to 00078. Additionally, the revision 
removes the following units, due to shut down and removal, at the FCA 
US, LLC Kokomo Casting Plant: Reverberatory furnaces 1ARF, 1BRF, and 
5RF (source identification numbers 2P, 3P, and 7P, respectively). 
Overall, the revisions to Section 5-2 are approvable into the Indiana 
SIP as they provide clarity to the existing rule, and the removal of 
these units will reduce emissions.

 Section 5-5

    A revision to 326 IAC 6.5-5-5 updates the business name of the 
regulated source from Delco Electronics Corporation to GM Components 
Holdings, LLC.

 Section 6-2

    A revision to 326 IAC 6.5-6-2 removes boilers 1, 2, and 3 from 
Allison Transmission due to shut down and removal. Further, a revision 
to this section updates the source identification number for this 
facility from 00017 to 00310, and consolidates reporting requirements 
for this source. Overall, these revisions to Section 6-2 are approvable 
into the Indiana SIP as they provide clarity to the existing rule, and 
the removal of these units will help reduce emissions.

 Section 6-25 and 6-26

    A revision to Section 6.5-6-25 updates the business name of the 
regulated source from National Starch and Chemical Company to Ingredion 
Incorporated Indianapolis Plant. A revision to Section 6.6-6-26 updates 
the business name of the regulated source from International Truck and 
Engine Corporation & Indianapolis Casting Corporation to Navistar, Inc.

 Section 6-33

    A revision to 326 IAC 6.5-6-33 removes Boilers 0070 01 through 0070 
04 from the Rolls-Royce Corporation facility due to their shutdown and 
removal. In addition, a revision to Paragraph (3)(B) (post-revision, 
paragraph (2)(B)) removes coal and adds #4 fuel oil to a list of 
operating fuels for the facility. These revisions to Section 6-33 are 
approvable into the Indiana SIP as the removal of these units will help 
to reduce emissions.
326 IAC 6.8
    Below is a discussion of changes to 326 IAC 6.8:

 Section 2-18

    A revision to 326 IAC 6.8-2-18 removes three units and increases 
the PM emission rates (in lbs/hour) for two units at the Jupiter 
Aluminum Corporation's facility in Lake County. The aluminum 
reverberatory furnaces 3, 4, and 5 were shut down and removed, and the 
PM emission rates for the aluminum reverberatory furnaces 2 and 6 were 
increased. Specifically, the PM emission rate for the aluminum 
reverberatory furnace 2 was increased from 1.137 to 1.499 lbs/hour. The 
PM emission rate for the aluminum reverberatory furnace 6 was increased 
from 0.970 to 2.008 lbs/hour. The increase in PM emission rates are 
offset by the reduction in PM emission rates due to the shut down and 
removal of the aluminum reverberatory furnaces 3, 4, and 5. The 
revision to this section is approvable into the Indiana SIP.

 Section 2-29

    Revisions to 326 IAC 6.8-2-29 update the business name of the 
regulated source from Reed Minerals to Harsco Minerals. The revision 
also removes the fluidized bed dryer and its associated PM emission due 
to shut down and removal. These revisions to Section 2-29 are 
approvable into the Indiana SIP as they provide clarity to the existing 
rule, and the shutdown of the fluidized bed dryer will help reduce 
emissions.

 Section 2-34

    Revisions to 326 IAC 6.8-2-34 remove one molded pulp dryer; revise 
the PM emissions limits for the remaining molded pulp dryers; and 
clarify the reporting and recordkeeping requirements for the Huhtamaki 
Foodservice, Inc., in Lake County. Specifically, the PM emission rates 
for the molded pulp dryers were revised as follows:

--Molded pulp dryer number 1: 0.290 lbs/hour
--Molded pulp dryer number 2: 0.290 lbs/hour
--Molded pulp dryer number 3: 0.342 lbs/hour
--Molded pulp dryer number 4: 0.342 lbs/hour
--Molded pulp dryer number 5: 0.290 lbs/hour
--Molded pulp dryer number 6: 0.290 lbs/hour
--Molded pulp dryer number 8: 0.615 lbs/hour
--Molded pulp dryer number 9: 0.615 lbs/hour
--Molded pulp dryer number 10: 0.615 lbs/hour

    The total facility PM emissions rate for molded pulp dryers remains 
capped at 2.41 lbs/hour. Additional recordkeeping and reporting 
requirements were included to ensure compliance with the capped PM 
emissions rate under any operating scenario. Because this rule revision 
retains the capped PM emission rate, and because this rule revision 
includes requirements to ensure the facility complies with the PM 
emission rates, these revisions are approvable into the Indiana SIP. 
The revisions to 326 IAC 6-5 and 6-8 contain wording changes and 
additions, improve and expand the applicability of the rule and its 
impact on air quality statewide. On balance, EPA finds that the 
revisions strengthen the existing SIP in Indiana and as such, deems the 
submittal approvable.

III. What action is EPA taking?

    EPA is approving into the Indiana SIP revisions to the PM rules 
contained in Title 326 of the Indiana Administrative Code (IAC), 
Article 6, Rule 5 (326 IAC 6.5) and Rule 8 (326 IAC 6.8).
    We are publishing this action without prior proposal because we 
view this as a noncontroversial amendment and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the state plan if relevant adverse 
written comments are filed. This rule will be effective April 22, 2016 
without further notice unless we receive relevant adverse written 
comments by March 23, 2016. If we receive such comments, we will 
withdraw this action before the effective date by publishing a 
subsequent document that will withdraw the final action. All public 
comments received will then be addressed in a subsequent final rule 
based on the proposed action. EPA will not institute a second comment 
period. Any parties interested in commenting on this action should do 
so at this time. Please note that if EPA receives adverse comment on an 
amendment, paragraph, or section of this rule and if that provision may 
be severed from the remainder of the rule, EPA may adopt as final those 
provisions of the rule that are not the subject of an adverse comment. 
If we do not receive any comments, this action will be effective April 
22, 2016.

IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In

[[Page 8652]]

accordance with requirements of 1 CFR 51.5, EPA is finalizing the 
incorporation by reference of the Indiana Regulations described in the 
amendments to 40 CFR part 52 set forth below. EPA has made, and will 
continue to make, these documents generally available electronically 
through www.regulations.gov and/or in hard copy at the appropriate EPA 
office (see the ADDRESSES section of this preamble for more 
information).

V. 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 governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by April 22, 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. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: February 3, 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 (c) is amended under the 
headings entitled ``Article 6.5. Particulate Matter Limitations Except 
Lake County'' and ``Article 6.8. Particulate Matter Limitations for 
Lake County'' by:
0
i. Removing the entries for Rules 6.5-3-7 and 6.5-3-8 under the 
subheading entitled ``Rule 3. Dearborn County''.
0
ii. Revising the entries for Rules 6.5-4-2, 6.5-4-4, 6.5-4-17, and 6.5-
4-24 under the subheading entitled ``Rule 4. Dubois County''.
0
iii. Revising the entries for Rules 6.5-5-2 and 6.5-5-5 under the 
subheading entitled ``Rule 5. Howard County''.
0
iv. Revising the entries for Rules 6.5-6-2, 6.5-6-25, 6.5-6-26, and 
6.5-6-33, and removing the entries for Rules 6.5-6-3 and 6.5-6-15 under 
the subheading entitled ``Rule 6. Marion County''.
0
v. Removing the entry for Rule 6.5-9-8 under the subheading entitled 
``Rule 9. Vigo County''.
0
vi. Removing the entry for Rule 6.5-10-6 under the subheading entitled 
``Rule 10. Wayne County''.
0
vii. Revising the entries for Rules 6.8-2-18, 6.8-2-29 and 6.8-2-34 
under the subheading entitled ``Rule 2. Lake County: PM10 
Emission Requirements''.
    The revised text reads as follows:


Sec.  52.770  Identification of plan.

* * * * *
    (c) * * *

[[Page 8653]]



                                                            EPA-Approved Indiana Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Indiana
         Indiana citation                  Subject         effective date             EPA Approval date                             Notes
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                             Article 6.5. Particulate Matter Limitations Except Lake County
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  Rule 4. Dubois County
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
6.5-4-2...........................  Kimball Office--           05/29/2015  02/22/2016, [insert Federal Register     ....................................
                                     Jasper 15th Street.                    citation].
 
                                                                      * * * * * * *
6.5-4-4...........................  DMI Furniture Plant        05/29/2015  02/22/2016, [insert Federal Register     ....................................
                                     No. 5.                                 citation].
 
                                                                      * * * * * * *
6.5-4-17..........................  Kimball Office--           05/29/2015  02/22/2016, [insert Federal Register     ....................................
                                     Jasper Cherry Street.                  citation].
 
                                                                      * * * * * * *
6.5-4-24..........................  Styline Industries,        05/29/2015  02/22/2016, [insert Federal Register     ....................................
                                     Inc. Plant #8.                         citation].
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  Rule 5. Howard County
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
6.5-5-2...........................  Chrysler, LLC-Kokomo       05/29/2015  02/22/2016, [insert Federal Register     ....................................
                                     Casting Plant and                      citation].
                                     Kokomo Transmission
                                     Plant.
6.5-5-5...........................  Delco Electronics          05/29/2015  02/22/2016, [insert Federal Register     ....................................
                                     Corporation.                           citation].
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  Rule 6. Marion County
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
6.5-6-2...........................  Allison Transmission.      05/29/2015  02/22/2016, [insert Federal Register     ....................................
                                                                            citation].
 
                                                                      * * * * * * *
6.5-6-25..........................  National Starch and        05/29/2015  02/22/2016, [insert Federal Register     ....................................
                                     Chemical Company.                      citation].
6.5-6-26..........................  International Truck        05/29/2015  02/22/2016, [insert Federal Register     ....................................
                                     and Engine                             citation].
                                     Corporation &
                                     Indianapolis Casting
                                     Corporation.
 
                                                                      * * * * * * *
6.5-6-33..........................  Rolls-Royce                05/29/2015  02/22/2016, [insert Federal Register     ....................................
                                     Corporation.                           citation].
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                               Article 6.8. Particulate Matter Limitations for Lake County
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     Rule 2. Lake County: PM10 Emission Requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
6.8-2-18..........................  Jupiter Aluminum           05/29/2015  02/22/2016, [insert Federal Register     ....................................
                                     Corporation.                           citation].
 

[[Page 8654]]

 
                                                                      * * * * * * *
6.8-2-29..........................  Reed Minerals-Plant        05/29/2015  02/22/2016, [insert Federal Register     ....................................
                                     #14.                                   citation].
 
                                                                      * * * * * * *
6.8-2-34..........................  Huhtamaki                  05/29/2015  02/22/2016, [insert Federal Register     ....................................
                                     Foodservice, Inc..                     citation].
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2016-03490 Filed 2-19-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                8650             Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Rules and Regulations

                                                filing fee unless the petitioner includes                 Dated: December 30, 2015.                           system). For additional submission
                                                a statement with its petition to                        Suzanne M. Barnett,                                   methods, please contact the person
                                                participate stating that the petitioner                 Chief Copyright Royalty Judge.                        identified in the FOR FURTHER
                                                will not seek a distribution of more than               Approved by:                                          INFORMATION CONTACT section. For the
                                                $1000, in which case no filing fee is                   David S. Mao,
                                                                                                                                                              full EPA public comment policy,
                                                required. Prior to the Technical                                                                              information about CBI or multimedia
                                                                                                        Acting Librarian of Congress.
                                                Corrections Act, the threshold for a fee                                                                      submissions, and general guidance on
                                                                                                        [FR Doc. 2016–03599 Filed 2–19–16; 8:45 am]
                                                waiver in a distribution proceeding was                                                                       making effective comments, please visit
                                                                                                        BILLING CODE 1410–72–P
                                                $10,000, an amount that was (and still                                                                        http://www2.epa.gov/dockets/
                                                is) codified in CRB Rule 351.1(b)(4).1                                                                        commenting-epa-dockets.
                                                   To conform the CRB regulation with                                                                         FOR FURTHER INFORMATION CONTACT:
                                                                                                        ENVIRONMENTAL PROTECTION
                                                the statutory provision under which it                  AGENCY                                                Anthony Maietta, Environmental
                                                was adopted, the Judges hereby amend                                                                          Protection Specialist, Control Strategies
                                                CRB Rule 351.1(b)(4) to state that the                  40 CFR Part 52                                        Section, Air Programs Branch (AR–18J),
                                                                                                                                                              Environmental Protection Agency,
                                                threshold requirement for a filing fee                  [EPA–R05–OAR–2015–0379; FRL–9942–54–                  Region 5, 77 West Jackson Boulevard,
                                                waiver is $1000, rather than $10,000.                   Region 5]
                                                                                                                                                              Chicago, Illinois 60604, (312) 353–8777,
                                                Because this is a technical amendment,                                                                        maietta.anthony@epa.gov.
                                                the Judges find that prior publication for              Air Plan Approval; Indiana; Particulate
                                                notice and comment is unnecessary. See                  Matter Emissions Limits Revision                      SUPPLEMENTARY INFORMATION:
                                                5 U.S.C. 553(b)(3)(B). See also 61 FR                                                                         Throughout this document whenever
                                                                                                        AGENCY: Environmental Protection
                                                63715 (Dec. 2, 1996) (adopting technical                                                                      ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
                                                                                                        Agency (EPA).
                                                amendments to CARP rules).                                                                                    EPA. This supplementary information
                                                                                                        ACTION: Direct final rule.
                                                                                                                                                              section is arranged as follows:
                                                List of Subjects in 37 CFR Part 351                     SUMMARY:   Under the Clean Air Act                    I. What is the background for this action?
                                                                                                        (CAA), the Environmental Protection                   II. What is EPA’s analysis of the SIP revision?
                                                  Administrative practice and                                                                                 III. What action is EPA taking?
                                                                                                        Agency (EPA) is approving a June 1,
                                                procedure, Copyright.                                                                                         IV. Incorporation by Reference
                                                                                                        2015, request by Indiana to revise the
                                                  For the reasons set forth in the                      State Implementation Plan (SIP) to                    V. Statutory and Executive Order Reviews
                                                preamble, the Copyright Royalty Judges                  incorporate changes to the particulate
                                                                                                        matter (PM) rules contained in Title 326              I. What is the background for this
                                                amend 37 CFR part 351 as follows:
                                                                                                        of the Indiana Administrative Code                    action?
                                                PART 351—PROCEEDINGS                                    (IAC). This approval affects sources of                  On June 1, 2015, the Indiana
                                                                                                        PM in the state of Indiana.                           Department of Environmental
                                                ■ 1. The authority citation for part 351                DATES: This direct final rule will be                 Management (IDEM) submitted a
                                                continues to read as follows:                           effective April 22, 2016, unless EPA                  request for EPA to approve revisions to
                                                    Authority: 17 U.S.C. 803.
                                                                                                        receives adverse comments by March                    PM rules contained in 326 IAC 6.5 and
                                                                                                        23, 2016. If adverse comments are                     6.8. The revisions to these rules were
                                                ■ 2. Amend § 351.1 to revise paragraph                  received, EPA will publish a timely                   published in the May 28, 2015, edition
                                                (b)(4) to read as follows:                              withdrawal of the direct final rule in the            of the Indiana Register. On January 14,
                                                                                                        Federal Register informing the public                 2015, IDEM held the first of two public
                                                § 351.1   Initiation of proceedings.                    that the rule will not take effect.                   hearings on revisions to these rules.
                                                *      *     *     *     *                              ADDRESSES: Submit your comments,                      IDEM received comments during its
                                                   (b) * * *                                            identified by Docket ID No. EPA–R05–                  January 14, 2015, public hearing, and
                                                                                                        OAR–2015–0379 at http://                              IDEM revised its rules in response to
                                                   (4) Filing fee. A petition to participate            www.regulations.gov or via email to                   those comments. IDEM’s second public
                                                must be accompanied with a filing fee                   blakley.pamela@epa.gov. For comments                  hearing was held on March 11, 2015.
                                                of $150 or the petition will be rejected.               submitted at Regulations.gov, follow the              IDEM did not receive any comments at
                                                Payment shall be made to the Copyright                  online instructions for submitting                    its March 11, 2015, public hearing.
                                                Royalty Board. If a check is                            comments. Once submitted, comments                    II. What is EPA’s analysis of the SIP
                                                subsequently dishonored, the petition                   cannot be edited or removed from                      revision?
                                                will be rejected. If the petitioner                     Regulations.gov. For either manner of
                                                believes that the contested amount of                   submission, EPA may publish any                         Below is a discussion of changes to
                                                that petitioner’s claim will be $1000 or                comment received to its public docket.                326 IAC 6.5:
                                                less, petitioner shall so state in the                  Do not submit electronically any                      • Sections 4–2, 4–17 and 4–24
                                                petition to participate and should not                  information you consider to be
                                                include payment of the $150 filing fee.                 Confidential Business Information (CBI)                  Revisions to 326 IAC 6.5–4–2 and 326
                                                If it becomes apparent during the course                or other information whose disclosure is              IAC 6.5–4–17 consolidate the
                                                of the proceedings that the contested                   restricted by statute. Multimedia                     identification numbers of the Kimball
                                                amount of the claim is more than $1000,                 submissions (audio, video, etc.) must be              Office facilities in Jasper Indiana from
                                                the Copyright Royalty Judges will                       accompanied by a written comment.                     00046 and 00042 to 00100. The revision
mstockstill on DSK4VPTVN1PROD with RULES




                                                require payment of the filing fee at such               The written comment is considered the                 to 326 IAC 6.5–4–24 revises the
                                                time.                                                   official comment and should include                   business name of the regulated source
                                                                                                        discussion of all points you wish to                  from Styline Industries, Inc. Plant #8 to
                                                *      *     *     *     *                              make. EPA will generally not consider                 OFS Brands, Inc.—Plant #3. These
                                                                                                        comments or comment contents located                  administrative revisions provide clarity
                                                  1 37 CFR 351.1(b)(4); 70 FR 30901, 30903 (May         outside of the primary submission (i.e.               to the existing rule and are approvable
                                                31, 2005).                                              on the Web, cloud, or other file sharing              into the Indiana SIP.


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                                                                 Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Rules and Regulations                                           8651

                                                • Section 5–2                                           326 IAC 6.8                                           —Molded pulp dryer number 10: 0.615
                                                                                                          Below is a discussion of changes to                    lbs/hour
                                                  Revisions to 326 IAC 6.5–5–2 update                                                                            The total facility PM emissions rate
                                                the business name of the regulated                      326 IAC 6.8:
                                                                                                                                                              for molded pulp dryers remains capped
                                                source from Chrysler Group to FCA US,                   • Section 2–18                                        at 2.41 lbs/hour. Additional
                                                and the source identification number for                                                                      recordkeeping and reporting
                                                                                                           A revision to 326 IAC 6.8–2–18
                                                boiler 4 at the FCA US, LLC Kokomo                                                                            requirements were included to ensure
                                                                                                        removes three units and increases the
                                                Transmission Plant from 00065 to                                                                              compliance with the capped PM
                                                                                                        PM emission rates (in lbs/hour) for two
                                                00078. Additionally, the revision                                                                             emissions rate under any operating
                                                                                                        units at the Jupiter Aluminum
                                                removes the following units, due to shut                                                                      scenario. Because this rule revision
                                                                                                        Corporation’s facility in Lake County.
                                                down and removal, at the FCA US, LLC                                                                          retains the capped PM emission rate,
                                                                                                        The aluminum reverberatory furnaces 3,
                                                Kokomo Casting Plant: Reverberatory                                                                           and because this rule revision includes
                                                                                                        4, and 5 were shut down and removed,
                                                furnaces 1ARF, 1BRF, and 5RF (source                                                                          requirements to ensure the facility
                                                                                                        and the PM emission rates for the
                                                identification numbers 2P, 3P, and 7P,                  aluminum reverberatory furnaces 2 and                 complies with the PM emission rates,
                                                respectively). Overall, the revisions to                6 were increased. Specifically, the PM                these revisions are approvable into the
                                                Section 5–2 are approvable into the                     emission rate for the aluminum                        Indiana SIP. The revisions to 326 IAC 6–
                                                Indiana SIP as they provide clarity to                  reverberatory furnace 2 was increased                 5 and 6–8 contain wording changes and
                                                the existing rule, and the removal of                   from 1.137 to 1.499 lbs/hour. The PM                  additions, improve and expand the
                                                these units will reduce emissions.                      emission rate for the aluminum                        applicability of the rule and its impact
                                                                                                                                                              on air quality statewide. On balance,
                                                • Section 5–5                                           reverberatory furnace 6 was increased
                                                                                                        from 0.970 to 2.008 lbs/hour. The                     EPA finds that the revisions strengthen
                                                  A revision to 326 IAC 6.5–5–5                         increase in PM emission rates are offset              the existing SIP in Indiana and as such,
                                                updates the business name of the                        by the reduction in PM emission rates                 deems the submittal approvable.
                                                regulated source from Delco Electronics                 due to the shut down and removal of the               III. What action is EPA taking?
                                                Corporation to GM Components                            aluminum reverberatory furnaces 3, 4,                    EPA is approving into the Indiana SIP
                                                Holdings, LLC.                                          and 5. The revision to this section is                revisions to the PM rules contained in
                                                                                                        approvable into the Indiana SIP.
                                                • Section 6–2                                                                                                 Title 326 of the Indiana Administrative
                                                                                                        • Section 2–29                                        Code (IAC), Article 6, Rule 5 (326 IAC
                                                  A revision to 326 IAC 6.5–6–2                                                                               6.5) and Rule 8 (326 IAC 6.8).
                                                removes boilers 1, 2, and 3 from Allison                   Revisions to 326 IAC 6.8–2–29 update                  We are publishing this action without
                                                Transmission due to shut down and                       the business name of the regulated                    prior proposal because we view this as
                                                removal. Further, a revision to this                    source from Reed Minerals to Harsco                   a noncontroversial amendment and
                                                section updates the source identification               Minerals. The revision also removes the               anticipate no adverse comments.
                                                number for this facility from 00017 to                  fluidized bed dryer and its associated                However, in the proposed rules section
                                                00310, and consolidates reporting                       PM emission due to shut down and                      of this Federal Register publication, we
                                                requirements for this source. Overall,                  removal. These revisions to Section 2–                are publishing a separate document that
                                                these revisions to Section 6–2 are                      29 are approvable into the Indiana SIP                will serve as the proposal to approve the
                                                approvable into the Indiana SIP as they                 as they provide clarity to the existing               state plan if relevant adverse written
                                                provide clarity to the existing rule, and               rule, and the shutdown of the fluidized               comments are filed. This rule will be
                                                the removal of these units will help                    bed dryer will help reduce emissions.                 effective April 22, 2016 without further
                                                reduce emissions.                                       • Section 2–34                                        notice unless we receive relevant
                                                                                                                                                              adverse written comments by March 23,
                                                • Section 6–25 and 6–26                                   Revisions to 326 IAC 6.8–2–34                       2016. If we receive such comments, we
                                                                                                        remove one molded pulp dryer; revise                  will withdraw this action before the
                                                   A revision to Section 6.5–6–25                       the PM emissions limits for the                       effective date by publishing a
                                                updates the business name of the                        remaining molded pulp dryers; and                     subsequent document that will
                                                regulated source from National Starch                   clarify the reporting and recordkeeping               withdraw the final action. All public
                                                and Chemical Company to Ingredion                       requirements for the Huhtamaki                        comments received will then be
                                                Incorporated Indianapolis Plant. A                      Foodservice, Inc., in Lake County.                    addressed in a subsequent final rule
                                                revision to Section 6.6–6–26 updates the                Specifically, the PM emission rates for               based on the proposed action. EPA will
                                                business name of the regulated source                   the molded pulp dryers were revised as                not institute a second comment period.
                                                from International Truck and Engine                     follows:                                              Any parties interested in commenting
                                                Corporation & Indianapolis Casting                      —Molded pulp dryer number 1: 0.290                    on this action should do so at this time.
                                                Corporation to Navistar, Inc.                             lbs/hour                                            Please note that if EPA receives adverse
                                                • Section 6–33                                          —Molded pulp dryer number 2: 0.290                    comment on an amendment, paragraph,
                                                                                                          lbs/hour                                            or section of this rule and if that
                                                  A revision to 326 IAC 6.5–6–33                        —Molded pulp dryer number 3: 0.342                    provision may be severed from the
                                                removes Boilers 0070 01 through 0070                      lbs/hour                                            remainder of the rule, EPA may adopt
                                                04 from the Rolls-Royce Corporation                     —Molded pulp dryer number 4: 0.342                    as final those provisions of the rule that
                                                facility due to their shutdown and                        lbs/hour                                            are not the subject of an adverse
                                                removal. In addition, a revision to                     —Molded pulp dryer number 5: 0.290                    comment. If we do not receive any
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                                                Paragraph (3)(B) (post-revision,                          lbs/hour                                            comments, this action will be effective
                                                paragraph (2)(B)) removes coal and adds                 —Molded pulp dryer number 6: 0.290                    April 22, 2016.
                                                #4 fuel oil to a list of operating fuels for              lbs/hour
                                                the facility. These revisions to Section                —Molded pulp dryer number 8: 0.615                    IV. Incorporation by Reference
                                                6–33 are approvable into the Indiana                      lbs/hour                                              In this rule, EPA is finalizing
                                                SIP as the removal of these units will                  —Molded pulp dryer number 9: 0.615                    regulatory text that includes
                                                help to reduce emissions.                                 lbs/hour                                            incorporation by reference. In


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                                                8652             Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Rules and Regulations

                                                accordance with requirements of 1 CFR                   Act of 1995 (15 U.S.C. 272 note) because              and address the comment in the
                                                51.5, EPA is finalizing the incorporation               application of those requirements would               proposed rulemaking. This action may
                                                by reference of the Indiana Regulations                 be inconsistent with the CAA; and                     not be challenged later in proceedings to
                                                described in the amendments to 40 CFR                      • Does not provide EPA with the                    enforce its requirements. (See section
                                                part 52 set forth below. EPA has made,                  discretionary authority to address, as                307(b)(2).)
                                                and will continue to make, these                        appropriate, disproportionate human
                                                                                                        health or environmental effects, using                List of Subjects in 40 CFR Part 52
                                                documents generally available
                                                electronically through                                  practicable and legally permissible                     Environmental protection, Air
                                                www.regulations.gov and/or in hard                      methods, under Executive Order 12898                  pollution control, Incorporation by
                                                copy at the appropriate EPA office (see                 (59 FR 7629, February 16, 1994).                      reference, Intergovernmental relations,
                                                the ADDRESSES section of this preamble                     In addition, the SIP is not approved               Particulate matter, Reporting and
                                                for more information).                                  to apply on any Indian reservation land               recordkeeping requirements.
                                                                                                        or in any other area where EPA or an
                                                V. Statutory and Executive Order                                                                                Dated: February 3, 2016.
                                                                                                        Indian tribe has demonstrated that a
                                                Reviews                                                 tribe has jurisdiction. In those areas of             Robert A. Kaplan,
                                                   Under the CAA, the Administrator is                  Indian country, the rule does not have                Acting Regional Administrator, Region 5.
                                                required to approve a SIP submission                    tribal implications and will not impose                   40 CFR part 52 is amended as follows:
                                                that complies with the provisions of the                substantial direct costs on tribal
                                                CAA and applicable Federal regulations.                 governments or preempt tribal law as                  PART 52—APPROVAL AND
                                                42 U.S.C. 7410(k); 40 CFR 52.02(a).                     specified by Executive Order 13175 (65                PROMULGATION OF
                                                Thus, in reviewing SIP submissions,                     FR 67249, November 9, 2000).                          IMPLEMENTATION PLANS
                                                EPA’s role is to approve state choices,                    The Congressional Review Act, 5
                                                provided that they meet the criteria of                 U.S.C. 801 et seq., as added by the Small             ■ 1. The authority citation for part 52
                                                the CAA. Accordingly, this action                       Business Regulatory Enforcement                       continues to read as follows:
                                                merely approves state law as meeting                    Fairness Act of 1996, generally provides                  Authority: 42 U.S.C. 7401 et seq.
                                                Federal requirements and does not                       that before a rule may take effect, the
                                                impose additional requirements beyond                   agency promulgating the rule must                     ■  2. In § 52.770, the table in paragraph
                                                those imposed by state law. For that                    submit a rule report, which includes a                (c) is amended under the headings
                                                reason, this action:                                    copy of the rule, to each House of the                entitled ‘‘Article 6.5. Particulate Matter
                                                   • Is not a significant regulatory action             Congress and to the Comptroller General               Limitations Except Lake County’’ and
                                                subject to review by the Office of                      of the United States. EPA will submit a               ‘‘Article 6.8. Particulate Matter
                                                Management and Budget under                             report containing this action and other               Limitations for Lake County’’ by:
                                                Executive Orders 12866 (58 FR 51735,                    required information to the U.S. Senate,              ■ i. Removing the entries for Rules 6.5–
                                                October 4, 1993) and 13563 (76 FR 3821,                 the U.S. House of Representatives, and                3–7 and 6.5–3–8 under the subheading
                                                January 21, 2011);                                      the Comptroller General of the United                 entitled ‘‘Rule 3. Dearborn County’’.
                                                   • Does not impose an information                     States prior to publication of the rule in            ■ ii. Revising the entries for Rules 6.5–
                                                collection burden under the provisions                  the Federal Register. A major rule                    4–2, 6.5–4–4, 6.5–4–17, and 6.5–4–24
                                                of the Paperwork Reduction Act (44                      cannot take effect until 60 days after it             under the subheading entitled ‘‘Rule 4.
                                                U.S.C. 3501 et seq.);                                   is published in the Federal Register.                 Dubois County’’.
                                                   • Is certified as not having a                       This action is not a ‘‘major rule’’ as
                                                                                                                                                              ■ iii. Revising the entries for Rules 6.5–
                                                significant economic impact on a                        defined by 5 U.S.C. 804(2).
                                                                                                           Under section 307(b)(1) of the CAA,                5–2 and 6.5–5–5 under the subheading
                                                substantial number of small entities                                                                          entitled ‘‘Rule 5. Howard County’’.
                                                under the Regulatory Flexibility Act (5                 petitions for judicial review of this
                                                                                                        action must be filed in the United States             ■ iv. Revising the entries for Rules 6.5–
                                                U.S.C. 601 et seq.);                                                                                          6–2, 6.5–6–25, 6.5–6–26, and 6.5–6–33,
                                                   • Does not contain any unfunded                      Court of Appeals for the appropriate
                                                                                                        circuit by April 22, 2016. Filing a                   and removing the entries for Rules 6.5–
                                                mandate or significantly or uniquely
                                                                                                        petition for reconsideration by the                   6–3 and 6.5–6–15 under the subheading
                                                affect small governments, as described
                                                                                                        Administrator of this final rule does not             entitled ‘‘Rule 6. Marion County’’.
                                                in the Unfunded Mandates Reform Act
                                                                                                        affect the finality of this action for the            ■ v. Removing the entry for Rule 6.5–9–
                                                of 1995 (Pub. L. 104–4);
                                                   • Does not have Federalism                           purposes of judicial review nor does it               8 under the subheading entitled ‘‘Rule
                                                implications as specified in Executive                  extend the time within which a petition               9. Vigo County’’.
                                                Order 13132 (64 FR 43255, August 10,                    for judicial review may be filed, and                 ■ vi. Removing the entry for Rule 6.5–
                                                1999);                                                  shall not postpone the effectiveness of               10–6 under the subheading entitled
                                                   • Is not an economically significant                 such rule or action. Parties with                     ‘‘Rule 10. Wayne County’’.
                                                regulatory action based on health or                    objections to this direct final rule are              ■ vii. Revising the entries for Rules 6.8–
                                                safety risks subject to Executive Order                 encouraged to file a comment in                       2–18, 6.8–2–29 and 6.8–2–34 under the
                                                13045 (62 FR 19885, April 23, 1997);                    response to the parallel notice of                    subheading entitled ‘‘Rule 2. Lake
                                                   • Is not a significant regulatory action             proposed rulemaking for this action                   County: PM10 Emission Requirements’’.
                                                subject to Executive Order 13211 (66 FR                 published in the proposed rules section                  The revised text reads as follows:
                                                28355, May 22, 2001);                                   of today’s Federal Register, rather than
                                                   • Is not subject to requirements of                  file an immediate petition for judicial               § 52.770    Identification of plan.
                                                Section 12(d) of the National                           review of this direct final rule, so that             *       *    *      *      *
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                                                Technology Transfer and Advancement                     EPA can withdraw this direct final rule                   (c) * * *




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                                                                      Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Rules and Regulations                                              8653

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


                                                             *                             *                         *                         *                       *                      *       *

                                                                                                       Article 6.5. Particulate Matter Limitations Except Lake County


                                                             *                             *                         *                         *                       *                      *       *

                                                                                                                                Rule 4. Dubois County


                                                         *                                *                       *                            *                      *                    *          *
                                                6.5–4–2 ........................................   Kimball   Office—Jasper             15th         05/29/2015     02/22/2016, [insert Federal
                                                                                                     Street.                                                         Register citation].

                                                         *                                *                      *                             *                      *                    *          *
                                                6.5–4–4 ........................................   DMI Furniture Plant No. 5 ...........            05/29/2015     02/22/2016, [insert Federal
                                                                                                                                                                     Register citation].

                                                        *                                *                       *                             *                      *                    *          *
                                                6.5–4–17 ......................................    Kimball Office—Jasper             Cherry         05/29/2015     02/22/2016, [insert Federal
                                                                                                     Street.                                                         Register citation].

                                                        *                                *                         *                           *                      *                    *          *
                                                6.5–4–24 ......................................    Styline Industries, Inc. Plant #8 ...            05/29/2015     02/22/2016, [insert Federal
                                                                                                                                                                     Register citation].

                                                                                                                                Rule 5. Howard County


                                                         *                                *                       *                            *                      *                    *          *
                                                6.5–5–2 ........................................   Chrysler, LLC-Kokomo Casting                     05/29/2015     02/22/2016, [insert Federal
                                                                                                     Plant and Kokomo Trans-                                         Register citation].
                                                                                                     mission Plant.
                                                6.5–5–5 ........................................   Delco Electronics Corporation .....              05/29/2015     02/22/2016, [insert Federal
                                                                                                                                                                     Register citation].

                                                             *                             *                         *                         *                       *                      *       *

                                                                                                                                Rule 6. Marion County


                                                         *                                *                       *                            *                      *                    *          *
                                                6.5–6–2 ........................................   Allison Transmission ....................        05/29/2015     02/22/2016, [insert Federal
                                                                                                                                                                     Register citation].

                                                        *                                *                        *                            *                      *                    *          *
                                                6.5–6–25 ......................................    National Starch and Chemical                     05/29/2015     02/22/2016, [insert Federal
                                                                                                      Company.                                                       Register citation].
                                                6.5–6–26 ......................................    International Truck and Engine                   05/29/2015     02/22/2016, [insert Federal
                                                                                                      Corporation & Indianapolis                                     Register citation].
                                                                                                      Casting Corporation.

                                                        *                                *                       *                             *                      *                    *          *
                                                6.5–6–33 ......................................    Rolls-Royce Corporation .............            05/29/2015     02/22/2016, [insert Federal
                                                                                                                                                                     Register citation].

                                                             *                             *                         *                         *                       *                      *       *

                                                                                                            Article 6.8. Particulate Matter Limitations for Lake County


                                                             *                             *                         *                         *                       *                      *       *
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                                                                                                               Rule 2. Lake County: PM10 Emission Requirements


                                                        *                                *                        *                            *                      *                    *          *
                                                6.8–2–18 ......................................    Jupiter Aluminum Corporation .....               05/29/2015     02/22/2016, [insert Federal
                                                                                                                                                                     Register citation].




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                                                8654                  Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Rules and Regulations

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

                                                        *                                *                      *                        *                       *                    *                   *
                                                6.8–2–29 ......................................   Reed Minerals–Plant #14 ............          05/29/2015    02/22/2016, [insert Federal
                                                                                                                                                                Register citation].

                                                        *                                *                     *                         *                       *                    *                   *
                                                6.8–2–34 ......................................   Huhtamaki Foodservice, Inc. .......           05/29/2015    02/22/2016, [insert Federal
                                                                                                                                                                Register citation].

                                                             *                            *                       *                      *                        *                      *                *



                                                *       *        *        *        *                            www.regulations.gov or via email to                    I. What is the background for this
                                                [FR Doc. 2016–03490 Filed 2–19–16; 8:45 am]                     blakley.pamela@epa.gov. For comments                   action?
                                                BILLING CODE 6560–50–P                                          submitted at Regulations.gov, follow the
                                                                                                                online instructions for submitting                        On April 22, 2014 (79 FR 22415), EPA
                                                                                                                comments. Once submitted, comments                     approved a request from the State of
                                                ENVIRONMENTAL PROTECTION                                        cannot be edited or removed from                       Wisconsin to redesignate the Milwaukee
                                                AGENCY                                                          Regulations.gov. For either manner of                  area for the 2006 24-hour PM2.5 national
                                                                                                                submission, EPA may publish any                        ambient air quality standard (NAAQS).
                                                40 CFR Part 52                                                  comment received on its public docket.                 In addition to approving the PM2.5
                                                [EPA–R05–OAR–2015–0848; FRL–9942–56–                            Do not submit electronically any                       redesignation request, EPA approved
                                                Region 5]                                                       information you consider to be                         the State’s plan for maintaining the 2006
                                                                                                                Confidential Business Information (CBI)                24-hour PM2.5 NAAQS in Milwaukee
                                                Air Plan Approval; Wisconsin;                                   or other information whose disclosure is               through 2025. The PM2.5 maintenance
                                                Revision to the Milwaukee-Racine-                               restricted by statute. Multimedia                      plan established MVEBs for PM2.5, SO2,
                                                Waukesha 2006 24-Hour Particulate                               submissions (audio, video, etc.) must be               VOC and NOX for 2020 and 2025 to
                                                Matter Maintenance Plan                                         accompanied by a written comment.                      account for new transportation planning
                                                                                                                The written comment is considered the                  assumptions.
                                                AGENCY: Environmental Protection
                                                Agency (EPA).                                                   official comment and should include                       MVEBs are the projected levels of
                                                ACTION: Direct final rule.                                      discussion of all points you wish to                   controlled emissions from the
                                                                                                                make. EPA will generally not consider                  transportation sector (mobile sources)
                                                SUMMARY:   The Environmental Protection                         comments or comment contents located                   that are estimated in the SIP to provide
                                                Agency (EPA) is approving Wisconsin’s                           outside of the primary submission (i.e.                for maintenance of the ozone standard.
                                                December 23, 2015, state                                        on the web, cloud, or other file sharing               The transportation conformity rule
                                                implementation plan (SIP) revision to                           system). For additional submission                     allows the MVEB to be changed as long
                                                the Milwaukee-Racine-Waukesha                                   methods, please contact the person                     as the total level of emissions from all
                                                (Milwaukee), Wisconsin 2006 24-Hour                             identified in the FOR FURTHER                          sources remains below the attainment
                                                Particulate Matter (PM2.5) maintenance                          INFORMATION CONTACT section. For the                   levels.
                                                plan. This SIP revision establishes new                         full EPA public comment policy,
                                                Motor Vehicle Emissions Budgets                                                                                        II. What is a ‘‘safety margin’’?
                                                                                                                information about CBI or multimedia
                                                (MVEB) for Volatile Organic                                     submissions, and general guidance on                      A ‘‘safety margin’’, as defined in the
                                                Compounds (VOC) for the years 2020                              making effective comments, please visit                transportation conformity rule (40 CFR
                                                and 2025. The MVEBs for Oxides of                               http://www2.epa.gov/dockets/                           part 93 subpart A), is the amount by
                                                Nitrogen (NOX), Sulfur Dioxide (SO2),                           commenting-epa-dockets.                                which the total projected emissions
                                                and PM2.5 will remain the same. EPA is                          FOR FURTHER INFORMATION CONTACT:                       from all sources of a given pollutant are
                                                approving the allocation of a portion of                        Michael Leslie, Environmental                          less than the total emissions that would
                                                the safety margin for VOC in the PM2.5                          Engineer, Control Strategies Section, Air              satisfy the applicable requirement for
                                                maintenance plan to the 2020 and 2025                           Programs Branch (AR–18J),                              reasonable further progress, attainment,
                                                MVEBs. The 2020 and 2025 total year                             Environmental Protection Agency,                       or maintenance. The attainment level of
                                                emissions of VOC for the area will                              Region 5, 77 West Jackson Boulevard,                   emissions is the level of emissions
                                                remain below the attainment level                               Chicago, Illinois 60604, (312) 353–6680,               during the year in which the area met
                                                required by the transportation                                  leslie.michael@epa.gov.                                the NAAQS. Table 1 gives detailed
                                                conformity regulations.                                                                                                information on the safety margin for the
                                                                                                                SUPPLEMENTARY INFORMATION:
                                                DATES: This direct final rule will be                                                                                  VOC portion of the Milwaukee’s 2006
                                                                                                                Throughout this document whenever
                                                effective April 22, 2016, unless EPA                            ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean            24-Hour PM2.5 maintenance plan. Table
                                                receives adverse comments by March                              EPA. This supplementary information                    1 includes a comparison of the VOC
                                                23, 2016. If adverse comments are                               section is arranged as follows:                        emissions in the 2010 (Wisconsin’s
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                                                received, EPA will publish a timely                                                                                    attainment year), to the projected
                                                withdrawal of the direct final rule in the                      I. What is the background for this action?             emissions of VOC in 2020 and 2025.
                                                Federal Register informing the public                           II. What is a ‘‘safety margin’’?
                                                                                                                III. How does this action change the
                                                                                                                                                                       The difference between the projected
                                                that the rule will not take effect.                                   Milwaukee area’s 2006 24-hour PM2.5              emissions in years 2020 and 2025 and
                                                ADDRESSES: Submit your comments,                                      maintenance plan?                                the actual emissions in 2010 is referred
                                                identified by Docket ID No. EPA–R05–                            IV. What action is EPA taking?                         to as the safety margin or the amount of
                                                OAR–2015–0848 at http://                                        V. Statutory and Executive Order Reviews               excess emission reductions.


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Document Created: 2016-02-19 23:57:08
Document Modified: 2016-02-19 23:57:08
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis direct final rule will be effective April 22, 2016, unless EPA receives adverse comments by March 23, 2016. If adverse comments are received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect.
ContactAnthony Maietta, Environmental Protection Specialist, Control Strategies Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353-8777, [email protected]
FR Citation81 FR 8650 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Particulate Matter and Reporting and Recordkeeping Requirements

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