82 FR 31458 - Air Plan Approval; Wisconsin; Site-Specific Sulfur Dioxide Requirements for USG Interiors, LLC
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 129 (July 7, 2017)
Federal Register Volume 82, Issue 129 (July 7, 2017)
| Page Range | 31458-31462 | |
| FR Document | 2017-14212 |
[Federal Register Volume 82, Number 129 (Friday, July 7, 2017)] [Rules and Regulations] [Pages 31458-31462] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-14212] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2017-0081; FRL-9964-49-Region 5] Air Plan Approval; Wisconsin; Site-Specific Sulfur Dioxide Requirements for USG Interiors, LLC AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving, under the Clean Air Act (CAA), a State Implementation Plan (SIP) revision submitted by Wisconsin on January 31, 2017, and supplemented on March 20, 2017. This SIP submittal consists of Wisconsin Administrative Order AM-16-01, which imposes a requirement for a taller cupola exhaust stack, a sulfur dioxide (SO2 ) emission limit in conjunction with a minimum cupola stack flue gas flow rate, and associated requirements on the mineral wool production process at the USG Interiors LLC facility located in Walworth, Wisconsin (USG-Walworth). Wisconsin submitted this SIP revision to enable the area near USG- Walworth to qualify for being designated ``attainment'' of the 2010 primary SO2 National Ambient Air Quality Standards (NAAQS), a matter that will be addressed in a separate future rulemaking. EPA is approving AM-16-01 into the Wisconsin SIP, which makes the AM-16-01 requirements federally enforceable. DATES: This direct final rule will be effective September 5, 2017, unless EPA receives adverse comments by August 7, 2017. 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-2017-0081 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. [[Page 31459]] 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: Jenny Liljegren, Physical Scientist, Attainment Planning and Maintenance Section, Air Programs Branch (AR- 18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312)886-6832, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' ``us,'' or ``our'' is used, we mean EPA. This supplementary information section is arranged as follows: I. Why did Wisconsin issue Administrative Order AM-16-01? II. What is EPA's analysis of the SO2 emission limit and associated requirements in AM-16-01? III. By which Criteria is EPA reviewing this SIP revision? IV. What action is EPA taking? V. Incorporation by reference VI. Statutory and Executive Order reviews I. Why Did Wisconsin issue Administrative Order AM-16-01? Wisconsin submitted a SIP revision on January 31, 2017, along with supplemental information on March 20, 2017. The submittal contains Wisconsin Administrative Order AM-16-01 signed on January 31, 2017, by the Director of the Air Management Bureau of the Wisconsin Department of Natural Resources, which establishes a requirement for a taller cupola stack, an SO2 emission limit, and associated requirements for the mineral wool production process at USG-Walworth. Wisconsin established these requirements to enable the area near \1\ USG-Walworth to qualify in the future for being designated ``attainment'' of the 2010 primary SO2 NAAQS.\2\ --------------------------------------------------------------------------- \1\ The specific area will be identified in a future designations rulemaking to be finalized December 31, 2017, for the 2010 SO2 NAAQS. \2\ On June 3, 2010, EPA revised the primary (health based) SO2 NAAQS by establishing a new one-hour standard at a level of 75 parts per billion (ppb) which is attained when the three-year average of the 99th percentile of one-hour daily maximum concentrations does not exceed 75 ppb (75 FR 35520 and 40 CFR 50.17). EPA determined this is the level necessary to protect public health with an adequate margin of safety, especially for children, the elderly, and those with asthma. These groups are particularly susceptible to the health effects associated with breathing SO2 . --------------------------------------------------------------------------- USG-Walworth cannot demonstrate modeled attainment of the 2010 SO2 NAAQS in accordance with EPA's Draft SO2 NAAQS Designations Modeling Technical Assistance Document\3\ in absence of new requirements pertaining to the mineral wool production process. Therefore, Wisconsin conducted air dispersion modeling using the American Meteorological Society/Environmental Protection Agency Regulatory Model (AERMOD) version 16216 (released on December 20, 2016) and 16216r (released on January 17, 2017) in accordance with appendix W of part 51 of chapter 40 of the Code of Federal Regulations (CFR) to determine a new set of requirements, including an increase in the cupola stack height from 68.5 feet to 175 feet above ground and an SO2 emission limit for the mineral wool production process at USG-Walworth in conjunction with a minimum cupola stack flue gas flow rate. The air quality modeling of these conditions supports Wisconsin's conclusion that these limits provide for attainment of the 2010 SO2 NAAQS. --------------------------------------------------------------------------- \3\ Draft SO2 NAAQS Designations Modeling Technical Assistance Document. December 2013. http://www3.epa.gov/airquality/ sulfurdioxide/pdfs/SO2 ModelingTAD.pdf --------------------------------------------------------------------------- The purpose of this rulemaking is to take action on Wisconsin's request to approve AM-16-01 into the Wisconsin SIP and thereby make federally enforceable the requirement for the taller stack, the SO2 emission limit, and the associated requirements therein. Once these requirements have become federally enforceable, Wisconsin intends to use them to demonstrate AERMOD-modeled attainment for the 2010 SO2 NAAQS for the area near USG-Walworth. EPA intends to designate the area near USG-Walworth for the 2010 SO2 NAAQS, under a separate future rulemaking to be finalized by December 31, 2017.\4\ --------------------------------------------------------------------------- \4\ The EPA has issued designations for a total of 94 areas throughout the U.S. for the 2010 SO2 NAAQS in previous final actions signed by the EPA Administrator in ``Round 1'' on August 5, 2013 (78 FR 47191) and in ``Round 2'' on July 12, 2016 (81 FR 45039) and December 13, 2016 (81 FR 89870). The EPA is under a December 31, 2017, deadline to designate additional areas as required by the U.S. District Court for the Northern District of California [Sierra Club v. McCarthy, No. 3-13-cv-3953 (SI) (N.D. Cal. Mar. 2, 2015)]. We are referring to the set of designations being finalized by the December 31, 2017, deadline as ``Round 3'' of the designations process for the 2010 SO2 NAAQS. EPA intends to address the area near USG-Walworth as part of the Round 3 designations. --------------------------------------------------------------------------- II. What is EPA's analysis of the SO2 emission limit and associated requirements in AM-16-01? Wisconsin issued AM-16-01 on January 31, 2017, for USG-Walworth, with a compliance date of October 1, 2017. This order established a cupola stack height increase from 68.5 feet to 175 feet above ground level, a cupola stack flue gas flow rate of 23,200 actual cubic feet per minute (ACFM) in conjunction with an SO2 emission limit of 301.3 pounds per hour (lbs/hr), and other associated requirements for the mineral wool production process at USG-Walworth. Dispersion techniques, such as increasing the final exhaust plume rise by manipulation of source parameters like increasing stack heights and flue gas flow rates, are not approvable in most circumstances. EPA's stack height provisions codified at 40 CFR 51.118 arise out of CAA section 123(a), which states that the degree of emission limitation required for control of any air pollutant under an applicable implementation plan under this subchapter shall not be affected in any manner by so much of the stack height of any source as exceeds good engineering practice (as determined under regulations promulgated by the Administrator), or any other dispersion technique. ``Dispersion technique,'' as defined at 40 CFR 51.100(hh)(1), means any technique which attempts to affect the concentration of a pollutant in the ambient air by: Using that portion of a stack which exceeds good engineering practice stack height; varying the rate of emission of a pollutant according to atmospheric conditions or ambient concentrations of that pollutant; or increasing final exhaust gas plume rise by manipulating source process parameters, exhaust gas parameters, stack parameters, or combining exhaust gases from several existing stacks into one stack; or other selective handling of exhaust gas streams so as to increase the exhaust gas plume rise. In the case of USG-Walworth, the raising of the stack to 175 feet does not exceed good engineering practice stack height as defined at Sec. 51.100(ii), and AM-16-01 does not provide for the allowable rate of emissions to vary according to atmospheric conditions or ambient pollutant concentrations as per Sec. 51.100(hh)(1)(ii). In some cases, increasing the final exhaust plume rise by manipulation of the stack height and flue gas flow rate is a dispersion technique as per Sec. 51.100(hh)(1)(iii). However, there is an exception under 40 CFR 51.100(hh)(2)(v) where dispersion [[Page 31460]] techniques under Sec. 51.100(hh)(1)(iii) do not include techniques that increase the final exhaust gas plume rise where the resulting allowable emissions of sulfur dioxide from the facility do not exceed 5,000 tons per year. Such an increase of plume rise is not considered a dispersion technique when the resulting allowable emissions of SO2 from the facility do not exceed 5,000 tons per year (TPY). The AM-16-01 SO2 emission limit of 301.3 lbs/hr is equivalent to 1,319.69 TPY, which accounts for over 99% of the allowable SO2 emitted by all emission units at USG-Walworth. Additionally, AM-16-01 includes a requirement that USG-Walworth only fire natural gas in the other emission units at the facility, including the boiler (B10), the acoustical tile dryer (P32), and the finishing/ curing ovens (P34A and P38A). Therefore, the facility-wide allowable SO2 emissions from USG-Walworth resulting from the AM-16-01 requirement to increase the cupola stack height from 68.5 feet to 175 feet above ground level do not exceed 5,000 TPY. Therefore, EPA proposes to approve the increase in the cupola stack height. Wisconsin set an SO2 emission limit of 301.3 lbs/hr for the mineral wool production process in conjunction with a cupola stack flue gas flow rate of 23,200 ACFM. For emission rates less than 301.3 lbs/hr, Wisconsin established a required minimum cupola stack flue gas flow rate which varies based on the SO2 emission rate. AM- 16-01 requires that the cupola stack flue gas flow rate in ACFM shall be equal to or greater than the flow rate calculated according to Equation 1. Equation 1: Required Flue Gas Flow Rate (ACFM) = [SO2 Emission Rate (lbs/hr) x 79.192] - 664.62 To develop Equation 1, Wisconsin plotted the worst case (highest) SO2 emissions versus worst case (lowest) flue gas flow rates as estimated from information contained in 2015 and 2010 stack testing reports and an August 2014-August 2016 dataset provided by USG- Walworth. Wisconsin fit a trend line (Equation 1) to the plot and included this equation in AM-16-01 as the minimum flue gas flow rate requirement for USG-Walworth (e.g. for a given SO2 emission rate less than 301.3 lbs/hr, USG-Walworth must use Equation 1 to determine the corresponding required minimum flue gas flow rate under which it must operate). When emissions are the full allowable 301.3 lbs/hr, the minimum flow rate is 23,200 ACFM; lower minimum flow rates apply at lower emission levels. Wisconsin's AM-16-01 method of determining compliance with the minimum flue gas flow rate (EPA Method 2) is to be conducted on the same schedule, described below, as that for compliance with the SO2 emission limit (EPA Method 6C). AM-16-01 also requires operation of the thermal oxidizer and baghouse whenever the cupola is in operation/fired and additional requirements for monitoring and maintaining these control devices to ensure they are functioning properly, including an interlock system which only allows operation of the cupola if the thermal oxidizer incinerator chamber temperature is at or above 1,300 degrees Fahrenheit averaged over any one-hour period. In addition to the 1-hour limit of 301.3 lbs/hour in AM-16-01, Wisconsin opted to set a 30-day rolling average limit of 238.0 lbs/ hour. EPA's April 2014 ``Guidance for 1-Hour SO2 Nonattainment Area SIP Submissions'' discusses the option to establish limits with averaging times up to 30 days in length, recommends that any such limit be established at a level that is comparably stringent to the one-hour average limit, and recommends a detailed procedure for determining such a comparably stringent limit. Wisconsin followed the recommendations of the 2014 guidance in determining an appropriate level for this limit. Therefore, the state has applied an appropriate adjustment, yielding a 30-day rolling average emission limit that has comparable stringency to the one-hour average limit. Wisconsin used an adjustment factor of 0.79, which EPA identified in its 2014 guidance as an appropriate adjustment factor for determining equivalent emission limitation between 1-hour and 30-day rolling average timeframes for uncontrolled coal-fired boilers based on a national analysis of utility coal boiler emissions. Wisconsin's method of determining compliance with the 301.3 lbs/hr limit as set forth in AM-16-01 uses EPA-approved stack testing methods, and includes an initial stack test that must be conducted no later than April 1, 2018, which is 180 days after the AM-16-01 compliance date of October 1, 2017, and periodic stack testing conducted every five years within 90 days of the anniversary date of the initial stack test. Wisconsin's method of determining continuous compliance, as set forth in AM-16-01, requires a mass balance calculation to demonstrate compliance with the 238.0 lbs/hr limit on a 30-day rolling average basis. Under this rule, stack tests at the facility must show compliance with the 1-hour emission limit of 301.3 lbs/hr, but continuous emissions data, collected from routine mass balance calculations, are used to assess compliance with the 30-day average emission limit of 238.0 lbs/hr. Wisconsin has thereby established a two-tiered enforcement regime, in which stack tests provide occasional assessment of compliance, tested against a 1-hour limit, and continuous emissions data, as collected via routine mass balance calculations, provide a continuous assessment of compliance, tested against a 30-day average limit. Wisconsin's mass balance equation in AM-16-01 is the difference between the sum of the estimated sulfur content of all the materials loaded into the cupola and the sum of the estimated sulfur content in the mineral wool product output from the cupola in lbs/day divided by the operating hours per day and multiplied by the molecular weight ratio of SO2 to sulfur. AM-16-01 requires USG-Walworth to develop a compliance and monitoring plan and to monitor, record, and report the information necessary for calculating the 30-day rolling average SO2 emission limit via the mass balance equation, such as operating hours, operating days, coke and all other material usage amounts. AM-16-01 includes requirements to sample the sulfur, moisture, and heat content of each of the materials input to the cupola and the sulfur content of the mineral wool product or waste material output from the cupola. The sampling requirements include initial material sampling, ongoing material sampling, ongoing low sulfur material sampling, mineral wool product and waste sampling, alternate sampling frequency which increases if the 30-day rolling average SO2 emission rate is equal to or greater than 95% of the limit for three or more operating days during the previous 12 calendar months. Likewise, sampling frequency can be decreased if the 30-day rolling average SO2 emission rate is equal to or less than 70% of the limit for 12 consecutive months. The sampling requirements include sample collection and preparation methods as per those of ASTM International, formerly the American Society for Testing and Materials (ASTM). Finally, AM-16-01 includes a requirement for USG-Walworth to submit a revision request to incorporate the applicable requirements of AM-16-01 into the USG-Walworth operating permit by June 23, 2019. [[Page 31461]] III. By which criteria is EPA reviewing this SIP revision? EPA is evaluating AM-16-01 on the basis of whether its requirements are measurable (and thus enforceable) and whether it strengthens Wisconsin's SIP. When imposing quantitative requirements such as emission limits, it is important that these requirements be measurable so as to determine compliance. While the use of an electronic continuous emissions monitoring system (CEMS) would be an ideal way to measure the SO2 emission rate from the mineral wool production process and the flue gas flow rate from the cupola stack for compliance determination purposes, EPA's analysis, above, of Wisconsin's AM-16-01 compliance requirements shows that Wisconsin has developed a conservative mass balance approach that allows for the ongoing measurement of the USG-Walworth mineral wool production process SO2 emission rate to determine compliance with the SO2 emission limit contained in AM-16-01. The AM-16-01 requirements are carefully designed such that compliance with the SO2 emission limit can be determined via a combination of testing, sampling, monitoring, recordkeeping, and reporting making the SO2 emission limit and associated requirements contained in AM-16-01 measureable and enforceable. Therefore, in the absence of a CEMS, EPA finds acceptable the AM-16-01 mass balance approach of compliance monitoring in conjunction with required periodic stack testing. The USG-Walworth mineral wool production process is already subject to Wisconsin rule NR 417.07(2)(b), which is a statewide SO2 emission limit of 5.5 pounds per Million British Thermal Units (lbs/ MMBTU) that applies to any steam generating unit or other fuel-burning equipment firing solid fossil fuel at a facility that has a total heat input capacity on solid fossil fuel of less than 250 MMBTU/hr and which was incorporated into the Wisconsin SIP in 1993 (58 FR 29537). This SIP requirement will not be removed with the approval of AM-16-01 into the Wisconsin SIP. AM-16-01 provides additional requirements to the 5.5 lbs/MMBTU emission limit already in the Wisconsin SIP. Therefore, EPA's approval of AM-16-01 would strengthen the Wisconsin SIP. Since the current SO2 emission limit of 5.5 lbs/MMBTU will remain in the SIP (58 FR 29537), EPA's approval of AM-16-01 into the Wisconsin SIP would not cause there to be any relaxation of the SO2 emission limit in the Wisconsin SIP with respect to USG-Walworth and would, therefore, not interfere with CAA section 110(l), which is the anti-backsliding provision of the CAA. Therefore, EPA is approving AM- 16-01 into the Wisconsin SIP. As previously stated, EPA intends to designate the area near USG- Walworth for the 2010 SO2 NAAQS under a separate future rulemaking to be finalized by December 31, 2017. If AM-16-01 becomes SIP-approved and thereby federally enforceable in a timely fashion, EPA will formally evaluate the adequacy of the AM-16-01 requirements to provide for attainment as part of the rulemaking on the 2010 SO2 NAAQS designation for the area near USG-Walworth. IV. What action is EPA taking? EPA is approving into the Wisconsin SIP AM-16-01, which contains a requirement for a taller cupola stack, an SO2 emission limit, and associated requirements for the mineral wool production process at USG-Walworth. EPA confirms that the requirements contained in AM-16-01 are measureable, enforceable, and strengthen the Wisconsin SIP. By approving AM-16-01 into the Wisconsin SIP, the stack height requirement, the SO2 emission limit, and the associated requirements will become Federally enforceable. 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 September 5, 2017 without further notice unless we receive relevant adverse written comments by August 7, 2017. 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 September 5, 2017. V. Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of the Wisconsin 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 through www.regulations.gov and/or at the EPA Region 5 Office (please contact the person identified in the For Further Information Contact section of this preamble for more information). VI. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement [[Page 31462]] 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 September 5, 2017. 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 this 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, Reporting and recordkeeping requirements, Sulfur oxides. Dated: June 20, 2017. 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. Section 52.2570 is amended by adding paragraph (c)(136) to read as follows: Sec. 52.2570 Identification of plan. * * * * * (c) * * * (136) On January 31, 2017 (supplemented on March 20, 2017), the Wisconsin Department of Natural Resources submitted a request to incorporate Wisconsin Administrative Order AM-16-01 into its State Implementation Plan. AM-16-01 imposes a requirement for a taller cupola exhaust stack, a sulfur dioxide (SO 2 ) emission limit in conjunction with a minimum cupola stack flue gas flow rate, and associated requirements on the mineral wool production process at the USG Interiors LLC facility located in Walworth, Wisconsin (USG- Walworth). Wisconsin intends to use the requirements of AM-16-01 to support an attainment designation. (i) Incorporation by reference. Wisconsin Administrative Order AM- 16-01, issued by the Wisconsin Department of Natural Resources on January 31, 2017, to USG Interiors LLC for its facility located in Walworth, Wisconsin. [FR Doc. 2017-14212 Filed 7-6-17; 8:45 am] BILLING CODE 6560-50-P
![31458 Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Rules and Regulations
Executive Orders 12866 (58 FR 51735, Register. A major rule cannot take effect ENVIRONMENTAL PROTECTION
October 4, 1993) and 13563 (76 FR 3821, until 60 days after it is published in the AGENCY
January 21, 2011); Federal Register. This action is not a
• does not impose an information ‘‘major rule’’ as defined by 5 U.S.C. 40 CFR Part 52
collection burden under the provisions 804(2). [EPA–R05–OAR–2017–0081; FRL–9964–49–
of the Paperwork Reduction Act (44 Region 5]
Under section 307(b)(1) of the Clean
U.S.C. 3501 et seq.);
• is certified as not having a Air Act, petitions for judicial review of
Air Plan Approval; Wisconsin; Site-
significant economic impact on a this action must be filed in the United
Specific Sulfur Dioxide Requirements
substantial number of small entities States Court of Appeals for the for USG Interiors, LLC
under the Regulatory Flexibility Act (5 appropriate circuit by September 5,
U.S.C. 601 et seq.); 2017. Filing a petition for AGENCY: Environmental Protection
• does not contain any unfunded reconsideration by the Administrator of Agency (EPA).
mandate or significantly or uniquely this final rule does not affect the finality ACTION: Direct final rule.
affect small governments, as described of this action for the purposes of judicial
SUMMARY: The Environmental Protection
in the Unfunded Mandates Reform Act review nor does it extend the time
Agency (EPA) is approving, under the
of 1995 (Pub. L. 104–4); within which a petition for judicial
Clean Air Act (CAA), a State
• does not have Federalism review may be filed, and shall not Implementation Plan (SIP) revision
implications as specified in Executive postpone the effectiveness of such rule submitted by Wisconsin on January 31,
Order 13132 (64 FR 43255, August 10, or action. This action may not be 2017, and supplemented on March 20,
1999); challenged later in proceedings to
• is not an economically significant 2017. This SIP submittal consists of
enforce its requirements (see section Wisconsin Administrative Order AM–
regulatory action based on health or 307(b)(2)). 16–01, which imposes a requirement for
safety risks subject to Executive Order
List of Subjects in 40 CFR Part 52 a taller cupola exhaust stack, a sulfur
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action dioxide (SO2) emission limit in
subject to Executive Order 13211 (66 FR Environmental protection, Air conjunction with a minimum cupola
28355, May 22, 2001); pollution control, Incorporation by stack flue gas flow rate, and associated
• is not subject to requirements of reference, Intergovernmental relations, requirements on the mineral wool
Section 12(d) of the National Nitrogen dioxide, Ozone, Reporting and production process at the USG Interiors
Technology Transfer and Advancement recordkeeping requirements, Volatile LLC facility located in Walworth,
Act of 1995 (15 U.S.C. 272 note) because organic compounds. Wisconsin (USG-Walworth). Wisconsin
application of those requirements would submitted this SIP revision to enable the
Dated: April 20, 2017. area near USG-Walworth to qualify for
be inconsistent with the Clean Air Act;
Alexis Strauss, being designated ‘‘attainment’’ of the
and
• does not provide the EPA with the Acting Regional Administrator, Region IX. 2010 primary SO2 National Ambient Air
discretionary authority to address, as Quality Standards (NAAQS), a matter
Part 52, Chapter I, Title 40 of the Code that will be addressed in a separate
appropriate, disproportionate human of Federal Regulations is amended as
health or environmental effects, using future rulemaking. EPA is approving
follows: AM–16–01 into the Wisconsin SIP,
practicable and legally permissible
methods, under Executive Order 12898 which makes the AM–16–01
PART 52—APPROVAL AND requirements federally enforceable.
(59 FR 7629, February 16, 1994). PROMULGATION OF
In addition, the SIP is not approved DATES: This direct final rule will be
IMPLEMENTATION PLANS effective September 5, 2017, unless EPA
to apply on any Indian reservation land
or in any other area where the EPA or receives adverse comments by August 7,
■ 1. The authority citation for part 52 2017. If adverse comments are received,
an Indian tribe has demonstrated that a
continues to read as follows: EPA will publish a timely withdrawal of
tribe has jurisdiction. In those areas of
Indian country, the rule does not have Authority: 42 U.S.C. 7401 et seq. the direct final rule in the Federal
tribal implications and will not impose Register informing the public that the
substantial direct costs on tribal Subpart F—California rule will not take effect.
governments or preempt tribal law as ADDRESSES: Submit your comments,
specified by Executive Order 13175 (65 ■ 2. Section 52.220 is amended by identified by Docket ID No. EPA–R05–
FR 67249, November 9, 2000). adding paragraph (c)(270)(i)(E)(2) to OAR–2017–0081 at http://
The Congressional Review Act, 5 read as follows: www.regulations.gov, or via email to
U.S.C. 801 et seq., as added by the Small Aburano.Douglas@epa.gov. For
Business Regulatory Enforcement § 52.220 Identification of plan-in part. comments submitted at Regulations.gov,
Fairness Act of 1996, generally provides * * * * * follow the online instructions for
that before a rule may take effect, the (c) * * * submitting comments. Once submitted,
agency promulgating the rule must comments cannot be edited or removed
submit a rule report, which includes a (270) * * * from Regulations.gov. For either manner
copy of the rule, to each House of the (i) * * * of submission, EPA may publish any
asabaliauskas on DSKBBXCHB2PROD with RULES
Congress and to the Comptroller General (E) * * * comment received to its public docket.
of the United States. The EPA will Do not submit electronically any
submit a report containing this action (2) Rule 2220, ‘‘Transportation information you consider to be
and other required information to the Outreach Program,’’ adopted on January Confidential Business Information (CBI)
U.S. Senate, the U.S. House of 19, 1999. or other information whose disclosure is
Representatives, and the Comptroller * * * * * restricted by statute. Multimedia
General of the United States prior to [FR Doc. 2017–14203 Filed 7–6–17; 8:45 am] submissions (audio, video, etc.) must be
publication of the rule in the Federal BILLING CODE 6560–50–P accompanied by a written comment.
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![Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Rules and Regulations 31459
The written comment is considered the USG-Walworth cannot demonstrate II. What is EPA’s analysis of the SO2
official comment and should include modeled attainment of the 2010 SO2 emission limit and associated
discussion of all points you wish to NAAQS in accordance with EPA’s Draft requirements in AM–16–01?
make. EPA will generally not consider SO2 NAAQS Designations Modeling Wisconsin issued AM–16–01 on
comments or comment contents located Technical Assistance Document3 in January 31, 2017, for USG-Walworth,
outside of the primary submission (i.e. absence of new requirements pertaining with a compliance date of October 1,
on the web, cloud, or other file sharing to the mineral wool production process. 2017. This order established a cupola
system). For additional submission Therefore, Wisconsin conducted air stack height increase from 68.5 feet to
methods, please contact the person dispersion modeling using the 175 feet above ground level, a cupola
identified in the ‘‘For Further American Meteorological Society/ stack flue gas flow rate of 23,200 actual
Information Contact’’ section. For the Environmental Protection Agency cubic feet per minute (ACFM) in
full EPA public comment policy, Regulatory Model (AERMOD) version conjunction with an SO2 emission limit
information about CBI or multimedia 16216 (released on December 20, 2016) of 301.3 pounds per hour (lbs/hr), and
submissions, and general guidance on and 16216r (released on January 17, other associated requirements for the
making effective comments, please visit 2017) in accordance with appendix W of mineral wool production process at
http://www2.epa.gov/dockets/ part 51 of chapter 40 of the Code of USG-Walworth.
commenting-epa-dockets. Federal Regulations (CFR) to determine Dispersion techniques, such as
FOR FURTHER INFORMATION CONTACT: a new set of requirements, including an increasing the final exhaust plume rise
Jenny Liljegren, Physical Scientist, increase in the cupola stack height from by manipulation of source parameters
Attainment Planning and Maintenance 68.5 feet to 175 feet above ground and like increasing stack heights and flue
Section, Air Programs Branch (AR–18J), an SO2 emission limit for the mineral gas flow rates, are not approvable in
Environmental Protection Agency, wool production process at USG- most circumstances. EPA’s stack height
Region 5, 77 West Jackson Boulevard, Walworth in conjunction with a provisions codified at 40 CFR 51.118
Chicago, Illinois 60604, (312)886–6832, minimum cupola stack flue gas flow arise out of CAA section 123(a), which
Liljegren.Jennifer@epa.gov. rate. The air quality modeling of these states that the degree of emission
SUPPLEMENTARY INFORMATION: conditions supports Wisconsin’s limitation required for control of any air
Throughout this document whenever conclusion that these limits provide for pollutant under an applicable
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean attainment of the 2010 SO2 NAAQS. implementation plan under this
EPA. This supplementary information The purpose of this rulemaking is to subchapter shall not be affected in any
section is arranged as follows: take action on Wisconsin’s request to manner by so much of the stack height
approve AM–16–01 into the Wisconsin of any source as exceeds good
I. Why did Wisconsin issue Administrative
Order AM–16–01?
SIP and thereby make federally engineering practice (as determined
II. What is EPA’s analysis of the SO2 enforceable the requirement for the under regulations promulgated by the
emission limit and associated taller stack, the SO2 emission limit, and Administrator), or any other dispersion
requirements in AM–16–01? the associated requirements therein. technique.
III. By which Criteria is EPA reviewing this Once these requirements have become ‘‘Dispersion technique,’’ as defined at
SIP revision? federally enforceable, Wisconsin 40 CFR 51.100(hh)(1), means any
IV. What action is EPA taking? intends to use them to demonstrate technique which attempts to affect the
V. Incorporation by reference AERMOD-modeled attainment for the concentration of a pollutant in the
VI. Statutory and Executive Order reviews 2010 SO2 NAAQS for the area near ambient air by: Using that portion of a
I. Why Did Wisconsin issue USG-Walworth. EPA intends to stack which exceeds good engineering
Administrative Order AM–16–01? designate the area near USG-Walworth practice stack height; varying the rate of
for the 2010 SO2 NAAQS, under a emission of a pollutant according to
Wisconsin submitted a SIP revision
separate future rulemaking to be atmospheric conditions or ambient
on January 31, 2017, along with
finalized by December 31, 2017.4 concentrations of that pollutant; or
supplemental information on March 20,
2017. The submittal contains Wisconsin increasing final exhaust gas plume rise
Administrative Order AM–16–01 signed concentrations does not exceed 75 ppb (75 FR by manipulating source process
35520 and 40 CFR 50.17). EPA determined this is parameters, exhaust gas parameters,
on January 31, 2017, by the Director of the level necessary to protect public health with an
the Air Management Bureau of the adequate margin of safety, especially for children, stack parameters, or combining exhaust
Wisconsin Department of Natural the elderly, and those with asthma. These groups gases from several existing stacks into
Resources, which establishes a are particularly susceptible to the health effects one stack; or other selective handling of
associated with breathing SO2. exhaust gas streams so as to increase the
requirement for a taller cupola stack, an 3 Draft SO NAAQS Designations Modeling
SO2 emission limit, and associated
2
Technical Assistance Document. December 2013.
exhaust gas plume rise.
requirements for the mineral wool http://www3.epa.gov/airquality/sulfurdioxide/ In the case of USG-Walworth, the
production process at USG-Walworth. pdfs/SO2ModelingTAD.pdf raising of the stack to 175 feet does not
Wisconsin established these
4 The EPA has issued designations for a total of exceed good engineering practice stack
94 areas throughout the U.S. for the 2010 SO2 height as defined at § 51.100(ii), and
requirements to enable the area near 1 NAAQS in previous final actions signed by the EPA
USG-Walworth to qualify in the future Administrator in ‘‘Round 1’’ on August 5, 2013 (78
AM–16–01 does not provide for the
for being designated ‘‘attainment’’ of the FR 47191) and in ‘‘Round 2’’ on July 12, 2016 (81 allowable rate of emissions to vary
2010 primary SO2 NAAQS.2 FR 45039) and December 13, 2016 (81 FR 89870). according to atmospheric conditions or
asabaliauskas on DSKBBXCHB2PROD with RULES
The EPA is under a December 31, 2017, deadline ambient pollutant concentrations as per
to designate additional areas as required by the U.S.
1 The specific area will be identified in a future
District Court for the Northern District of California
§ 51.100(hh)(1)(ii). In some cases,
designations rulemaking to be finalized December [Sierra Club v. McCarthy, No. 3–13–cv–3953 (SI) increasing the final exhaust plume rise
31, 2017, for the 2010 SO2 NAAQS. (N.D. Cal. Mar. 2, 2015)]. We are referring to the set by manipulation of the stack height and
2 On June 3, 2010, EPA revised the primary of designations being finalized by the December 31, flue gas flow rate is a dispersion
(health based) SO2 NAAQS by establishing a new 2017, deadline as ‘‘Round 3’’ of the designations
one-hour standard at a level of 75 parts per billion process for the 2010 SO2 NAAQS. EPA intends to
technique as per § 51.100(hh)(1)(iii).
(ppb) which is attained when the three-year average address the area near USG-Walworth as part of the However, there is an exception under 40
of the 99th percentile of one-hour daily maximum Round 3 designations. CFR 51.100(hh)(2)(v) where dispersion
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![31460 Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Rules and Regulations
techniques under § 51.100(hh)(1)(iii) do Wisconsin’s AM–16–01 method of emission limit of 301.3 lbs/hr, but
not include techniques that increase the determining compliance with the continuous emissions data, collected
final exhaust gas plume rise where the minimum flue gas flow rate (EPA from routine mass balance calculations,
resulting allowable emissions of sulfur Method 2) is to be conducted on the are used to assess compliance with the
dioxide from the facility do not exceed same schedule, described below, as that 30-day average emission limit of 238.0
5,000 tons per year. Such an increase of for compliance with the SO2 emission lbs/hr. Wisconsin has thereby
plume rise is not considered a limit (EPA Method 6C). AM–16–01 also established a two-tiered enforcement
dispersion technique when the resulting requires operation of the thermal regime, in which stack tests provide
allowable emissions of SO2 from the oxidizer and baghouse whenever the occasional assessment of compliance,
facility do not exceed 5,000 tons per cupola is in operation/fired and
tested against a 1-hour limit, and
year (TPY). The AM–16–01 SO2 additional requirements for monitoring
continuous emissions data, as collected
emission limit of 301.3 lbs/hr is and maintaining these control devices to
ensure they are functioning properly, via routine mass balance calculations,
equivalent to 1,319.69 TPY, which
including an interlock system which provide a continuous assessment of
accounts for over 99% of the allowable
only allows operation of the cupola if compliance, tested against a 30-day
SO2 emitted by all emission units at
USG-Walworth. Additionally, AM–16– the thermal oxidizer incinerator average limit.
01 includes a requirement that USG- chamber temperature is at or above Wisconsin’s mass balance equation in
Walworth only fire natural gas in the 1,300 degrees Fahrenheit averaged over AM–16–01 is the difference between the
other emission units at the facility, any one-hour period. sum of the estimated sulfur content of
including the boiler (B10), the In addition to the 1-hour limit of all the materials loaded into the cupola
acoustical tile dryer (P32), and the 301.3 lbs/hour in AM–16–01, Wisconsin and the sum of the estimated sulfur
finishing/curing ovens (P34A and opted to set a 30-day rolling average content in the mineral wool product
P38A). Therefore, the facility-wide limit of 238.0 lbs/hour. EPA’s April output from the cupola in lbs/day
allowable SO2 emissions from USG- 2014 ‘‘Guidance for 1-Hour SO2
divided by the operating hours per day
Walworth resulting from the AM–16–01 Nonattainment Area SIP Submissions’’
and multiplied by the molecular weight
requirement to increase the cupola stack discusses the option to establish limits
with averaging times up to 30 days in ratio of SO2 to sulfur. AM–16–01
height from 68.5 feet to 175 feet above requires USG-Walworth to develop a
ground level do not exceed 5,000 TPY. length, recommends that any such limit
be established at a level that is compliance and monitoring plan and to
Therefore, EPA proposes to approve the monitor, record, and report the
increase in the cupola stack height. comparably stringent to the one-hour
average limit, and recommends a information necessary for calculating
Wisconsin set an SO2 emission limit the 30-day rolling average SO2 emission
of 301.3 lbs/hr for the mineral wool detailed procedure for determining such
a comparably stringent limit. Wisconsin limit via the mass balance equation,
production process in conjunction with
followed the recommendations of the such as operating hours, operating days,
a cupola stack flue gas flow rate of
23,200 ACFM. For emission rates less 2014 guidance in determining an coke and all other material usage
than 301.3 lbs/hr, Wisconsin established appropriate level for this limit. amounts. AM–16–01 includes
a required minimum cupola stack flue Therefore, the state has applied an requirements to sample the sulfur,
gas flow rate which varies based on the appropriate adjustment, yielding a 30- moisture, and heat content of each of
SO2 emission rate. AM–16–01 requires day rolling average emission limit that the materials input to the cupola and
has comparable stringency to the one- the sulfur content of the mineral wool
that the cupola stack flue gas flow rate
hour average limit. Wisconsin used an product or waste material output from
in ACFM shall be equal to or greater
adjustment factor of 0.79, which EPA the cupola. The sampling requirements
than the flow rate calculated according
identified in its 2014 guidance as an include initial material sampling,
to Equation 1.
appropriate adjustment factor for ongoing material sampling, ongoing low
Equation 1: Required Flue Gas Flow determining equivalent emission
Rate (ACFM) = [SO2 Emission Rate sulfur material sampling, mineral wool
limitation between 1-hour and 30-day
(lbs/hr) × 79.192] ¥ 664.62 rolling average timeframes for
product and waste sampling, alternate
To develop Equation 1, Wisconsin uncontrolled coal-fired boilers based on sampling frequency which increases if
plotted the worst case (highest) SO2 a national analysis of utility coal boiler the 30-day rolling average SO2 emission
emissions versus worst case (lowest) emissions. rate is equal to or greater than 95% of
flue gas flow rates as estimated from Wisconsin’s method of determining the limit for three or more operating
information contained in 2015 and 2010 compliance with the 301.3 lbs/hr limit days during the previous 12 calendar
stack testing reports and an August as set forth in AM–16–01 uses EPA- months. Likewise, sampling frequency
2014–August 2016 dataset provided by approved stack testing methods, and can be decreased if the 30-day rolling
USG-Walworth. Wisconsin fit a trend includes an initial stack test that must average SO2 emission rate is equal to or
line (Equation 1) to the plot and be conducted no later than April 1, less than 70% of the limit for 12
included this equation in AM–16–01 as 2018, which is 180 days after the AM– consecutive months. The sampling
the minimum flue gas flow rate 16–01 compliance date of October 1, requirements include sample collection
requirement for USG-Walworth (e.g. for 2017, and periodic stack testing and preparation methods as per those of
a given SO2 emission rate less than conducted every five years within 90 ASTM International, formerly the
301.3 lbs/hr, USG-Walworth must use days of the anniversary date of the American Society for Testing and
asabaliauskas on DSKBBXCHB2PROD with RULES
Equation 1 to determine the initial stack test. Wisconsin’s method of Materials (ASTM). Finally, AM–16–01
corresponding required minimum flue determining continuous compliance, as includes a requirement for USG-
gas flow rate under which it must set forth in AM–16–01, requires a mass
Walworth to submit a revision request
operate). When emissions are the full balance calculation to demonstrate
to incorporate the applicable
allowable 301.3 lbs/hr, the minimum compliance with the 238.0 lbs/hr limit
flow rate is 23,200 ACFM; lower on a 30-day rolling average basis. Under requirements of AM–16–01 into the
minimum flow rates apply at lower this rule, stack tests at the facility must USG-Walworth operating permit by June
emission levels. show compliance with the 1-hour 23, 2019.
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![31462 Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Rules and Regulations
Act of 1995 (15 U.S.C. 272 note) because List of Subjects in 40 CFR Part 52 ACTION: Final rule.
application of those requirements would Environmental protection, Air
be inconsistent with the CAA; and SUMMARY: The Environmental Protection
pollution control, Incorporation by Agency (EPA) is approving a
• Does not provide EPA with the reference, Intergovernmental relations,
discretionary authority to address, as noninterference demonstration that
Reporting and recordkeeping evaluates whether the change for the
appropriate, disproportionate human requirements, Sulfur oxides.
health or environmental effects, using Federal Reid Vapor Pressure (RVP)
Dated: June 20, 2017. requirements in Shelby County
practicable and legally permissible
methods, under Executive Order 12898 Robert A. Kaplan, (hereinafter referred to as the ‘‘Area’’)
(59 FR 7629, February 16, 1994). Acting Regional Administrator, Region 5. would interfere with the Area’s ability
to meet the requirements of the Clean
In addition, the SIP is not approved 40 CFR part 52 is amended as follows:
Air Act (CAA or Act). Tennessee
to apply on any Indian reservation land
PART 52—APPROVAL AND submitted through the Tennessee
or in any other area where EPA or an
PROMULGATION OF Department of Environment and
Indian tribe has demonstrated that a
IMPLEMENTATION PLANS Conservation (TDEC), on April 12, 2017,
tribe has jurisdiction. In those areas of
a noninterference demonstration on
Indian country, the rule does not have
■ 1. The authority citation for part 52 behalf of the Shelby County Health
tribal implications and will not impose
continues to read as follows: Department requesting that EPA change
substantial direct costs on tribal
Authority: 42 U.S.C. 7401 et seq. the RVP requirements for Shelby
governments or preempt tribal law as
County. Specifically, Tennessee’s
specified by Executive Order 13175 (65 ■ 2. Section 52.2570 is amended by noninterference demonstration
FR 67249, November 9, 2000). adding paragraph (c)(136) to read as concludes that relaxing the federal RVP
The Congressional Review Act, 5 follows: requirement from 7.8 pounds per square
U.S.C. 801 et seq., as added by the Small
§ 52.2570 Identification of plan. inch (psi) to 9.0 psi for gasoline sold
Business Regulatory Enforcement
* * * * * between June 1 and September 15 of
Fairness Act of 1996, generally provides
(c) * * * each year in Shelby County would not
that before a rule may take effect, the
(136) On January 31, 2017 interfere with attainment or
agency promulgating the rule must
(supplemented on March 20, 2017), the maintenance of the national ambient air
submit a rule report, which includes a
Wisconsin Department of Natural quality standards (NAAQS or standards)
copy of the rule, to each House of the
Resources submitted a request to or with any other CAA requirement.
Congress and to the Comptroller General
incorporate Wisconsin Administrative DATES: This rule is effective July 7,
of the United States. EPA will submit a
report containing this action and other Order AM–16–01 into its State 2017.
required information to the U.S. Senate, Implementation Plan. AM–16–01 ADDRESSES: EPA has established a
the U.S. House of Representatives, and imposes a requirement for a taller docket for this action under Docket
the Comptroller General of the United cupola exhaust stack, a sulfur dioxide Identification No. EPA–R04–OAR–
States prior to publication of the rule in (SO2) emission limit in conjunction 2017–0136. All documents in the docket
the Federal Register. A major rule with a minimum cupola stack flue gas are listed on the www.regulations.gov
cannot take effect until 60 days after it flow rate, and associated requirements Web site. Although listed in the index,
is published in the Federal Register. on the mineral wool production process some information is not publicly
This action is not a ‘‘major rule’’ as at the USG Interiors LLC facility located available, i.e., Confidential Business
defined by 5 U.S.C. 804(2). in Walworth, Wisconsin (USG- Information or other information whose
Under section 307(b)(1) of the CAA, Walworth). Wisconsin intends to use disclosure is restricted by statute.
petitions for judicial review of this the requirements of AM–16–01 to Certain other material, such as
action must be filed in the United States support an attainment designation. copyrighted material, is not placed on
(i) Incorporation by reference. the Internet and will be publicly
Court of Appeals for the appropriate
Wisconsin Administrative Order AM– available only in hard copy form.
circuit by September 5, 2017. Filing a
16–01, issued by the Wisconsin Publicly available docket materials are
petition for reconsideration by the
Department of Natural Resources on available either electronically through
Administrator of this final rule does not
January 31, 2017, to USG Interiors LLC www.regulations.gov or in hard copy at
affect the finality of this action for the
for its facility located in Walworth, the Air Regulatory Management Section,
purposes of judicial review nor does it
Wisconsin. Air Planning and Implementation
extend the time within which a petition
for judicial review may be filed, and [FR Doc. 2017–14212 Filed 7–6–17; 8:45 am] Branch, Air, Pesticides and Toxics
shall not postpone the effectiveness of BILLING CODE 6560–50–P Management Division, U.S.
such rule or action. Parties with Environmental Protection Agency,
objections to this direct final rule are Region 4, 61 Forsyth Street SW.,
encouraged to file a comment in ENVIRONMENTAL PROTECTION Atlanta, Georgia 30303–8960. EPA
response to the parallel notice of AGENCY requests that if at all possible, you
proposed rulemaking for this action contact the person listed in the FOR
40 CFR Part 52
published in the proposed rules section FURTHER INFORMATION CONTACT section to
of this Federal Register, rather than file [EPA–R04–OAR–2017–0136; FRL–9964–56– schedule your inspection. The Regional
asabaliauskas on DSKBBXCHB2PROD with RULES
an immediate petition for judicial Region 4] Office’s official hours of business are
review of this direct final rule, so that Monday through Friday 8:30 a.m. to
Air Plan Approval; TN: Non- 4:30 p.m., excluding federal holidays.
EPA can withdraw this direct final rule
Interference Demonstration for Federal
and address the comment in the FOR FURTHER INFORMATION CONTACT:
Low-Reid Vapor Pressure Requirement
proposed rulemaking. This action may Sean Lakeman, Air Regulatory
in Shelby County
not be challenged later in proceedings to Management Section, Air Planning and
enforce its requirements. (See section AGENCY: Environmental Protection Implementation Branch, Air, Pesticides
307(b)(2).) Agency. and Toxics Management Division, U.S.
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Document Created: 2017-07-07 02:20:20
Document Modified: 2017-07-07 02:20:20
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | This direct final rule will be effective September 5, 2017, unless EPA receives adverse comments by August 7, 2017. 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. | |
| Contact | Jenny Liljegren, Physical Scientist, Attainment Planning and Maintenance Section, Air Programs Branch (AR- 18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312)886-6832, [email protected] | |
| FR Citation | 82 FR 31458 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Reporting and Recordkeeping Requirements and Sulfur Oxides |
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