Air Plan Approval; Indiana; SO2, 54723-54725 [2015-22716]
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Federal Register / Vol. 80, No. 176 / Friday, September 11, 2015 / Rules and Regulations
system, separate service upon the
opposing party is not required.
Otherwise, documents shall be served
personally or by mail on the opposing
party, noting on the document filed, or
on the transmitting letter, that a copy
has been so furnished.
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PART 966—RULES OF PRACTICE IN
PROCEEDINGS RELATIVE TO
ADMINISTRATIVE OFFSETS INITIATED
AGAINST FORMER EMPLOYEES OF
THE POSTAL SERVICE
4. The authority citation for 39 CFR
part 966 continues to read as follows:
■
Authority: 31 U.S.C. 3716; 39 U.S.C. 204,
401, 2601.
5. In § 966.4, revise paragraph (c), and
add a sentence at the beginning of
paragraph (d) introductory text to read
as follows:
■
§ 966.4 Petition for a hearing and
supplement to petition.
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(c) Within thirty (30) calendar days
after the date of receipt of the
Accounting Service Center’s decision
upon reconsideration, after the
expiration of sixty (60) calendar days
after a request for reconsideration where
a reconsideration determination is not
made, or following an administrative
offset taken without prior notice and
opportunity for reconsideration
pursuant to paragraph (b)(1) of this
section, the former employee must file
a written petition electronically at
https://uspsjoe.justware.com/justiceweb,
or by mail at Recorder, Judicial Officer
Department, United States Postal
Service, 2101 Wilson Blvd., Suite 600,
Arlington, VA 22201–3078.
(d) A sample petition is available
through the Judicial Officer Electronic
Filing Web site (https://
uspsjoe.justware.com/justiceweb).* * *
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■ 6. In § 966.6, revise paragraph (a) to
read as follows:
rmajette on DSK7SPTVN1PROD with RULES
§ 966.6 Filing, docketing, and serving
documents; computation of time;
representation of parties.
(a) Filing. After a petition is filed, all
documents required under this part
must be filed using the electronic filing
system unless the Hearing Official
permits otherwise. Documents
submitted using the electronic filing
system are considered filed as of the
date/time (Eastern Time) reflected in the
system. Documents mailed to the
Recorder are considered filed on the
date mailed as evidenced by a United
States Postal Service postmark. Filings
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15:06 Sep 10, 2015
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by any other means are considered filed
upon receipt by the Recorder of a
complete copy of the filing during
normal business hours (Normal
Recorder office business hours are
between 8:45 a.m. and 4:45 p.m.,
Eastern Time). If both parties are
participating via the electronic filing
system, separate service upon the
opposing party is not required.
Otherwise, documents shall be served
personally or by mail on the opposing
party, noting on the document filed, or
on the transmitting letter, that a copy
has been so furnished.
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Stanley F. Mires,
Attorney, Federal Compliance.
[FR Doc. 2015–22881 Filed 9–10–15; 8:45 am]
BILLING CODE 7710–12–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2015–0380; FRL–9933–65–
Region 5]
Air Plan Approval; Indiana; SO2
Revision for Walsh and Kelly
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a request
submitted by the Indiana Department of
Environmental Management (IDEM) on
June 1, 2015, to revise the Indiana state
implementation plan (SIP) for sulfur
dioxide (SO2). The revision updates
information regarding Walsh and Kelly,
Incorporated, a hot mix asphalt plant
located in Griffith, Lake County,
Indiana. Walsh and Kelly, Incorporated,
is replacing its aggregate drum dryer.
The revision does not change any of the
SO2 control requirements and will not
result in an increase in SO2 emissions.
DATES: This rule is effective on
November 10, 2015, unless EPA receives
adverse written comments by October
13, 2015. If EPA receives adverse
comments, EPA will publish a timely
withdrawal of the rule in the Federal
Register and inform the public that the
rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2015–0380, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: blakley.pamela@epa.gov.
SUMMARY:
PO 00000
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54723
3. Fax: (312) 692–2450.
4. Mail: Pamela Blakley, Chief,
Control Strategies Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Pamela Blakley,
Chief, Control Strategies Section, Air
Programs Branch (AR–18J), U.S.
Environmental Protection Agency, 77
West Jackson Boulevard, Chicago,
Illinois 60604. Such deliveries are only
accepted during the Regional Office
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information. The
Regional Office official hours of
business are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R05–OAR–2015–
0380. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to EPA without going
through www.regulations.gov your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
E:\FR\FM\11SER1.SGM
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54724
Federal Register / Vol. 80, No. 176 / Friday, September 11, 2015 / Rules and Regulations
available docket materials are available
either electronically in
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This Facility is open
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding Federal
holidays. We recommend that you
telephone Charles Hatten,
Environmental Engineer, (312) 886–
6031 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Charles Hatten, Environmental
Engineer, Control Strategies Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312)886–6031,
hatten.charles@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
I. General Information
II. What is EPA approving?
III. What are the changes from the current
Rule?
IV. What action is EPA taking?
V. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. General Information
A. Does this action apply to me?
This action only applies to Walsh and
Kelly, Incorporated, located in Griffith,
Lake County, Indiana.
B. Has public notice been provided?
IDEM published a public notice of the
revisions to the SIP on February 4, 2015,
to update its SO2 rules that apply
specifically to Walsh and Kelly,
Incorporated. A public hearing on the
revisions was held on March 11, 2015.
There were no comments received.
rmajette on DSK7SPTVN1PROD with RULES
II. What is EPA approving?
EPA is approving a revision to
Indiana’s SO2 SIP for Walsh and Kelly,
Incorporated, a hot mix asphalt plant
located in Griffith, Lake County,
Indiana.
Indiana’s SO2 emission limits for Lake
County are contained in Title 326 of the
Indiana Administrative Code (IAC) in
rule 7–4.1 (326 IAC 7–4.1). The SO2
emission limits pertaining to the Walsh
and Kelly, Incorporated, facility are
found at 326 IAC 7–4.1–21.
III. What are the changes from the
current Rule?
In 2013, Walsh and Kelly,
Incorporated replaced its aggregate
drum dryer. The older aggregate drum
VerDate Sep<11>2014
15:06 Sep 10, 2015
Jkt 235001
dryer burner design capacity was rated
at 120 million British thermal units per
hour (MMBtu/hr). The new aggregate
drum dryer burner has a smaller design
capacity, rated at 115 MMBtu/hr.
IDEM made an administrative change
to update rule 326 IAC 7–4.1–21(b) to
reference the new 115 MMBtu/hr
aggregate drum dryer. Rule 326 IAC 7–
4.1–21 provides SO2 emission limits for
the Walsh and Kelly, Incorporated
aggregate drum dryer, and allows the
unit limited use of waste oil as a backup fuel. IDEM did not revise any of the
requirements that apply to using waste
oil as a fuel. The SO2 emission limits of
42 pounds per hour and 25 tons per year
remain unchanged.
EPA finds the change to rule 326 IAC
7–4.1–21 approvable.
IV. What action is EPA taking?
EPA is approving revisions to
Indiana’s SO2 SIP which revise 326 IAC
7–4.1–21 for Walsh and Kelly,
Incorporated, located in Griffith, Lake
County, Indiana. The SIP revision will
not result in an increase in SO2
emissions at the facility because the
emission limits remain the same.
We are publishing this action without
prior proposal because we view this as
a noncontroversial amendment and
anticipate no adverse comments.
However, in the proposed rules section
of this Federal Register publication, we
are publishing a separate document that
will serve as the proposal to approve the
state plan if relevant adverse written
comments are filed. This rule will be
effective November 10, 2015 without
further notice unless we receive relevant
adverse written comments by October
13, 2015. If we receive such comments,
we will withdraw this action before the
effective date by publishing a
subsequent document that will
withdraw the final action. All public
comments received will then be
addressed in a subsequent final rule
based on the proposed action. The EPA
will not institute a second comment
period. Any parties interested in
commenting on this action should do so
at this time. If we do not receive any
comments, this action will be effective
November 10, 2015.
V. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of the Indiana regulations
described in the amendments to 40 CFR
part 52 set forth below. The EPA has
made, and will continue to make, these
documents generally available
PO 00000
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electronically through
www.regulations.gov and/or in hard
copy at the appropriate EPA office (see
the ADDRESSES section of this preamble
for more information).
VI. Statutory and Executive Order
Reviews
Under the Clean Air Act (CAA), the
Administrator is required to approve a
SIP submission that complies with the
provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the CAA. Accordingly,
this action merely approves state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
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Federal Register / Vol. 80, No. 176 / Friday, September 11, 2015 / Rules and Regulations
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by November 10, 2015. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Emissions Reporting,
Incorporation by reference, Reporting
and recordkeeping requirements, Sulfur
dioxide.
Dated: August 28, 2015.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. Section 52.770, the table in
paragraph (c) is amended by revising the
entry for Rule 7–4.1–21 ‘‘Walsh and
Kelly sulfur dioxide emission
limitations’’ under the subheading
entitled ‘‘Rule 4.1 Lake County Sulfur
Dioxide Emission Limitations’’ under
the heading entitled ‘‘Article 7. Sulfur
Dioxide Rules’’ to read as follows:
■
§ 52.770
*
Identification of plan.
*
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(c) * * *
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EPA-APPROVED INDIANA REGULATIONS
Indiana
citation
Indiana
effective date
Subject
*
*
*
*
EPA Approval date
Notes
*
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*
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9/11/2015, [insert Federal
Register citation].
*
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Article 7. Sulfur Dioxide Rules
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Rule 4.1 Lake County Sulfur Dioxide Emission Limitations
*
7–4.1–21 ...........................
*
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Walsh and Kelly sulfur dioxide emission limitations ..
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[FR Doc. 2015–22716 Filed 9–10–15; 8:45 am]
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5/29/2015
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ENVIRONMENTAL PROTECTION
AGENCY
BILLING CODE 6560–50–P
40 CFR Part 52
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[EPA–R05–OAR–2014–0704; FRL–9933–62–
Region 5]
Air Plan Approval; Wisconsin;
Infrastructure SIP Requirements for
the 2008 Ozone, 2010 NO2, and 2010
SO2 NAAQS
Environmental Protection
Agency (EPA).
AGENCY:
ACTION:
VerDate Sep<11>2014
15:06 Sep 10, 2015
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Final rule.
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The Environmental Protection
Agency (EPA) is taking final action to
approve some elements of state
implementation plan (SIP) submissions
from Wisconsin regarding the
infrastructure requirements of section
110 of the Clean Air Act (CAA) for the
2008 ozone, 2010 nitrogen dioxide
(NO2), and 2010 sulfur dioxide (SO2)
National Ambient Air Quality Standards
(NAAQS). The infrastructure
requirements are designed to ensure that
the structural components of each
state’s air quality management program
are adequate to meet the state’s
responsibilities under the CAA. The
SUMMARY:
E:\FR\FM\11SER1.SGM
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]]>Agencies
[Federal Register Volume 80, Number 176 (Friday, September 11, 2015)]
[Rules and Regulations]
[Pages 54723-54725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-22716]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2015-0380; FRL-9933-65-Region 5]
Air Plan Approval; Indiana; SO2 Revision for Walsh and
Kelly
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a
request submitted by the Indiana Department of Environmental Management
(IDEM) on June 1, 2015, to revise the Indiana state implementation plan
(SIP) for sulfur dioxide (SO2). The revision updates
information regarding Walsh and Kelly, Incorporated, a hot mix asphalt
plant located in Griffith, Lake County, Indiana. Walsh and Kelly,
Incorporated, is replacing its aggregate drum dryer. The revision does
not change any of the SO2 control requirements and will not
result in an increase in SO2 emissions.
DATES: This rule is effective on November 10, 2015, unless EPA receives
adverse written comments by October 13, 2015. If EPA receives adverse
comments, EPA will publish a timely withdrawal of the rule in the
Federal Register and inform the public that the rule will not take
effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2015-0380, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: blakley.pamela@epa.gov.
3. Fax: (312) 692-2450.
4. Mail: Pamela Blakley, Chief, Control Strategies Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Pamela Blakley, Chief, Control Strategies
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such
deliveries are only accepted during the Regional Office normal hours of
operation, and special arrangements should be made for deliveries of
boxed information. The Regional Office official hours of business are
Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal
holidays.
Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2015-0380. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly
[[Page 54724]]
available docket materials are available either electronically in
www.regulations.gov or in hard copy at the Environmental Protection
Agency, Region 5, Air and Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. This Facility is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays.
We recommend that you telephone Charles Hatten, Environmental Engineer,
(312) 886-6031 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Charles Hatten, Environmental
Engineer, Control Strategies Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312)886-6031, hatten.charles@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. General Information
II. What is EPA approving?
III. What are the changes from the current Rule?
IV. What action is EPA taking?
V. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. General Information
A. Does this action apply to me?
This action only applies to Walsh and Kelly, Incorporated, located
in Griffith, Lake County, Indiana.
B. Has public notice been provided?
IDEM published a public notice of the revisions to the SIP on
February 4, 2015, to update its SO2 rules that apply
specifically to Walsh and Kelly, Incorporated. A public hearing on the
revisions was held on March 11, 2015. There were no comments received.
II. What is EPA approving?
EPA is approving a revision to Indiana's SO2 SIP for
Walsh and Kelly, Incorporated, a hot mix asphalt plant located in
Griffith, Lake County, Indiana.
Indiana's SO2 emission limits for Lake County are
contained in Title 326 of the Indiana Administrative Code (IAC) in rule
7-4.1 (326 IAC 7-4.1). The SO2 emission limits pertaining to
the Walsh and Kelly, Incorporated, facility are found at 326 IAC 7-4.1-
21.
III. What are the changes from the current Rule?
In 2013, Walsh and Kelly, Incorporated replaced its aggregate drum
dryer. The older aggregate drum dryer burner design capacity was rated
at 120 million British thermal units per hour (MMBtu/hr). The new
aggregate drum dryer burner has a smaller design capacity, rated at 115
MMBtu/hr.
IDEM made an administrative change to update rule 326 IAC 7-4.1-
21(b) to reference the new 115 MMBtu/hr aggregate drum dryer. Rule 326
IAC 7-4.1-21 provides SO2 emission limits for the Walsh and
Kelly, Incorporated aggregate drum dryer, and allows the unit limited
use of waste oil as a back-up fuel. IDEM did not revise any of the
requirements that apply to using waste oil as a fuel. The
SO2 emission limits of 42 pounds per hour and 25 tons per
year remain unchanged.
EPA finds the change to rule 326 IAC 7-4.1-21 approvable.
IV. What action is EPA taking?
EPA is approving revisions to Indiana's SO2 SIP which
revise 326 IAC 7-4.1-21 for Walsh and Kelly, Incorporated, located in
Griffith, Lake County, Indiana. The SIP revision will not result in an
increase in SO2 emissions at the facility because the
emission limits remain the same.
We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the state plan if relevant adverse
written comments are filed. This rule will be effective November 10,
2015 without further notice unless we receive relevant adverse written
comments by October 13, 2015. If we receive such comments, we will
withdraw this action before the effective date by publishing a
subsequent document that will withdraw the final action. All public
comments received will then be addressed in a subsequent final rule
based on the proposed action. The EPA will not institute a second
comment period. Any parties interested in commenting on this action
should do so at this time. If we do not receive any comments, this
action will be effective November 10, 2015.
V. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Indiana
regulations described in the amendments to 40 CFR part 52 set forth
below. The EPA has made, and will continue to make, these documents
generally available electronically through www.regulations.gov and/or
in hard copy at the appropriate EPA office (see the ADDRESSES section
of this preamble for more information).
VI. Statutory and Executive Order Reviews
Under the Clean Air Act (CAA), the Administrator is required to
approve a SIP submission that complies with the provisions of the CAA
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. Accordingly,
this action merely approves state law as meeting Federal requirements
and does not impose additional requirements beyond those imposed by
state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an
[[Page 54725]]
Indian tribe has demonstrated that a tribe has jurisdiction. In those
areas of Indian country, the rule does not have tribal implications and
will not impose substantial direct costs on tribal governments or
preempt tribal law as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 10, 2015. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Emissions
Reporting, Incorporation by reference, Reporting and recordkeeping
requirements, Sulfur dioxide.
Dated: August 28, 2015.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. Section 52.770, the table in paragraph (c) is amended by revising
the entry for Rule 7-4.1-21 ``Walsh and Kelly sulfur dioxide emission
limitations'' under the subheading entitled ``Rule 4.1 Lake County
Sulfur Dioxide Emission Limitations'' under the heading entitled
``Article 7. Sulfur Dioxide Rules'' to read as follows:
Sec. 52.770 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Indiana Regulations
----------------------------------------------------------------------------------------------------------------
Indiana
Indiana citation Subject effective date EPA Approval date Notes
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Article 7. Sulfur Dioxide Rules
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Rule 4.1 Lake County Sulfur Dioxide Emission Limitations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
7-4.1-21....................... Walsh and Kelly sulfur 5/29/2015 9/11/2015,
dioxide emission [insert Federal
limitations. Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2015-22716 Filed 9-10-15; 8:45 am]
BILLING CODE 6560-50-P
