Air Plan Approval; Indiana; Particulate Matter Emissions Limits Revision, 8650-8654 [2016-03490]
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Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Rules and Regulations
filing fee unless the petitioner includes
a statement with its petition to
participate stating that the petitioner
will not seek a distribution of more than
$1000, in which case no filing fee is
required. Prior to the Technical
Corrections Act, the threshold for a fee
waiver in a distribution proceeding was
$10,000, an amount that was (and still
is) codified in CRB Rule 351.1(b)(4).1
To conform the CRB regulation with
the statutory provision under which it
was adopted, the Judges hereby amend
CRB Rule 351.1(b)(4) to state that the
threshold requirement for a filing fee
waiver is $1000, rather than $10,000.
Because this is a technical amendment,
the Judges find that prior publication for
notice and comment is unnecessary. See
5 U.S.C. 553(b)(3)(B). See also 61 FR
63715 (Dec. 2, 1996) (adopting technical
amendments to CARP rules).
Dated: December 30, 2015.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
List of Subjects in 37 CFR Part 351
SUMMARY:
Administrative practice and
procedure, Copyright.
For the reasons set forth in the
preamble, the Copyright Royalty Judges
amend 37 CFR part 351 as follows:
PART 351—PROCEEDINGS
1. The authority citation for part 351
continues to read as follows:
■
Authority: 17 U.S.C. 803.
2. Amend § 351.1 to revise paragraph
(b)(4) to read as follows:
■
§ 351.1
Initiation of proceedings.
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(b) * * *
(4) Filing fee. A petition to participate
must be accompanied with a filing fee
of $150 or the petition will be rejected.
Payment shall be made to the Copyright
Royalty Board. If a check is
subsequently dishonored, the petition
will be rejected. If the petitioner
believes that the contested amount of
that petitioner’s claim will be $1000 or
less, petitioner shall so state in the
petition to participate and should not
include payment of the $150 filing fee.
If it becomes apparent during the course
of the proceedings that the contested
amount of the claim is more than $1000,
the Copyright Royalty Judges will
require payment of the filing fee at such
time.
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1 37 CFR 351.1(b)(4); 70 FR 30901, 30903 (May
31, 2005).
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Approved by:
David S. Mao,
Acting Librarian of Congress.
[FR Doc. 2016–03599 Filed 2–19–16; 8:45 am]
BILLING CODE 1410–72–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2015–0379; FRL–9942–54–
Region 5]
Air Plan Approval; Indiana; Particulate
Matter Emissions Limits Revision
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
Under the Clean Air Act
(CAA), the Environmental Protection
Agency (EPA) is approving a June 1,
2015, request by Indiana to revise the
State Implementation Plan (SIP) to
incorporate changes to the particulate
matter (PM) rules contained in Title 326
of the Indiana Administrative Code
(IAC). This approval affects sources of
PM in the state of Indiana.
DATES: This direct final rule will be
effective April 22, 2016, unless EPA
receives adverse comments by March
23, 2016. If adverse comments are
received, EPA will publish a timely
withdrawal of the direct final rule in the
Federal Register informing the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2015–0379 at https://
www.regulations.gov or via email to
blakley.pamela@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.
on the Web, cloud, or other file sharing
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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
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Anthony Maietta, Environmental
Protection Specialist, Control Strategies
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–8777,
maietta.anthony@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. What is the background for this action?
II. What is EPA’s analysis of the SIP revision?
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. What is the background for this
action?
On June 1, 2015, the Indiana
Department of Environmental
Management (IDEM) submitted a
request for EPA to approve revisions to
PM rules contained in 326 IAC 6.5 and
6.8. The revisions to these rules were
published in the May 28, 2015, edition
of the Indiana Register. On January 14,
2015, IDEM held the first of two public
hearings on revisions to these rules.
IDEM received comments during its
January 14, 2015, public hearing, and
IDEM revised its rules in response to
those comments. IDEM’s second public
hearing was held on March 11, 2015.
IDEM did not receive any comments at
its March 11, 2015, public hearing.
II. What is EPA’s analysis of the SIP
revision?
Below is a discussion of changes to
326 IAC 6.5:
• Sections 4–2, 4–17 and 4–24
Revisions to 326 IAC 6.5–4–2 and 326
IAC 6.5–4–17 consolidate the
identification numbers of the Kimball
Office facilities in Jasper Indiana from
00046 and 00042 to 00100. The revision
to 326 IAC 6.5–4–24 revises the
business name of the regulated source
from Styline Industries, Inc. Plant #8 to
OFS Brands, Inc.—Plant #3. These
administrative revisions provide clarity
to the existing rule and are approvable
into the Indiana SIP.
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• Section 5–2
326 IAC 6.8
Revisions to 326 IAC 6.5–5–2 update
the business name of the regulated
source from Chrysler Group to FCA US,
and the source identification number for
boiler 4 at the FCA US, LLC Kokomo
Transmission Plant from 00065 to
00078. Additionally, the revision
removes the following units, due to shut
down and removal, at the FCA US, LLC
Kokomo Casting Plant: Reverberatory
furnaces 1ARF, 1BRF, and 5RF (source
identification numbers 2P, 3P, and 7P,
respectively). Overall, the revisions to
Section 5–2 are approvable into the
Indiana SIP as they provide clarity to
the existing rule, and the removal of
these units will reduce emissions.
Below is a discussion of changes to
326 IAC 6.8:
• Section 5–5
A revision to 326 IAC 6.5–5–5
updates the business name of the
regulated source from Delco Electronics
Corporation to GM Components
Holdings, LLC.
• Section 6–2
A revision to 326 IAC 6.5–6–2
removes boilers 1, 2, and 3 from Allison
Transmission due to shut down and
removal. Further, a revision to this
section updates the source identification
number for this facility from 00017 to
00310, and consolidates reporting
requirements for this source. Overall,
these revisions to Section 6–2 are
approvable into the Indiana SIP as they
provide clarity to the existing rule, and
the removal of these units will help
reduce emissions.
• Section 6–25 and 6–26
A revision to Section 6.5–6–25
updates the business name of the
regulated source from National Starch
and Chemical Company to Ingredion
Incorporated Indianapolis Plant. A
revision to Section 6.6–6–26 updates the
business name of the regulated source
from International Truck and Engine
Corporation & Indianapolis Casting
Corporation to Navistar, Inc.
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• Section 6–33
A revision to 326 IAC 6.5–6–33
removes Boilers 0070 01 through 0070
04 from the Rolls-Royce Corporation
facility due to their shutdown and
removal. In addition, a revision to
Paragraph (3)(B) (post-revision,
paragraph (2)(B)) removes coal and adds
#4 fuel oil to a list of operating fuels for
the facility. These revisions to Section
6–33 are approvable into the Indiana
SIP as the removal of these units will
help to reduce emissions.
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• Section 2–18
A revision to 326 IAC 6.8–2–18
removes three units and increases the
PM emission rates (in lbs/hour) for two
units at the Jupiter Aluminum
Corporation’s facility in Lake County.
The aluminum reverberatory furnaces 3,
4, and 5 were shut down and removed,
and the PM emission rates for the
aluminum reverberatory furnaces 2 and
6 were increased. Specifically, the PM
emission rate for the aluminum
reverberatory furnace 2 was increased
from 1.137 to 1.499 lbs/hour. The PM
emission rate for the aluminum
reverberatory furnace 6 was increased
from 0.970 to 2.008 lbs/hour. The
increase in PM emission rates are offset
by the reduction in PM emission rates
due to the shut down and removal of the
aluminum reverberatory furnaces 3, 4,
and 5. The revision to this section is
approvable into the Indiana SIP.
• Section 2–29
Revisions to 326 IAC 6.8–2–29 update
the business name of the regulated
source from Reed Minerals to Harsco
Minerals. The revision also removes the
fluidized bed dryer and its associated
PM emission due to shut down and
removal. These revisions to Section 2–
29 are approvable into the Indiana SIP
as they provide clarity to the existing
rule, and the shutdown of the fluidized
bed dryer will help reduce emissions.
• Section 2–34
Revisions to 326 IAC 6.8–2–34
remove one molded pulp dryer; revise
the PM emissions limits for the
remaining molded pulp dryers; and
clarify the reporting and recordkeeping
requirements for the Huhtamaki
Foodservice, Inc., in Lake County.
Specifically, the PM emission rates for
the molded pulp dryers were revised as
follows:
—Molded pulp dryer number 1: 0.290
lbs/hour
—Molded pulp dryer number 2: 0.290
lbs/hour
—Molded pulp dryer number 3: 0.342
lbs/hour
—Molded pulp dryer number 4: 0.342
lbs/hour
—Molded pulp dryer number 5: 0.290
lbs/hour
—Molded pulp dryer number 6: 0.290
lbs/hour
—Molded pulp dryer number 8: 0.615
lbs/hour
—Molded pulp dryer number 9: 0.615
lbs/hour
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—Molded pulp dryer number 10: 0.615
lbs/hour
The total facility PM emissions rate
for molded pulp dryers remains capped
at 2.41 lbs/hour. Additional
recordkeeping and reporting
requirements were included to ensure
compliance with the capped PM
emissions rate under any operating
scenario. Because this rule revision
retains the capped PM emission rate,
and because this rule revision includes
requirements to ensure the facility
complies with the PM emission rates,
these revisions are approvable into the
Indiana SIP. The revisions to 326 IAC 6–
5 and 6–8 contain wording changes and
additions, improve and expand the
applicability of the rule and its impact
on air quality statewide. On balance,
EPA finds that the revisions strengthen
the existing SIP in Indiana and as such,
deems the submittal approvable.
III. What action is EPA taking?
EPA is approving into the Indiana SIP
revisions to the PM rules contained in
Title 326 of the Indiana Administrative
Code (IAC), Article 6, Rule 5 (326 IAC
6.5) and Rule 8 (326 IAC 6.8).
We are publishing this action without
prior proposal because we view this as
a noncontroversial amendment and
anticipate no adverse comments.
However, in the proposed rules section
of this Federal Register publication, we
are publishing a separate document that
will serve as the proposal to approve the
state plan if relevant adverse written
comments are filed. This rule will be
effective April 22, 2016 without further
notice unless we receive relevant
adverse written comments by March 23,
2016. If we receive such comments, we
will withdraw this action before the
effective date by publishing a
subsequent document that will
withdraw the final action. All public
comments received will then be
addressed in a subsequent final rule
based on the proposed action. EPA will
not institute a second comment period.
Any parties interested in commenting
on this action should do so at this time.
Please note that if EPA receives adverse
comment on an amendment, paragraph,
or section of this rule and if that
provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment. If we do not receive any
comments, this action will be effective
April 22, 2016.
IV. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
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accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of the Indiana Regulations
described in the amendments to 40 CFR
part 52 set forth below. EPA has made,
and will continue to make, these
documents generally available
electronically through
www.regulations.gov and/or in hard
copy at the appropriate EPA office (see
the ADDRESSES section of this preamble
for more information).
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
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Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by April 22, 2016. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
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and address the comment in the
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements.
Dated: February 3, 2016.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. In § 52.770, the table in paragraph
(c) is amended under the headings
entitled ‘‘Article 6.5. Particulate Matter
Limitations Except Lake County’’ and
‘‘Article 6.8. Particulate Matter
Limitations for Lake County’’ by:
■ i. Removing the entries for Rules 6.5–
3–7 and 6.5–3–8 under the subheading
entitled ‘‘Rule 3. Dearborn County’’.
■ ii. Revising the entries for Rules 6.5–
4–2, 6.5–4–4, 6.5–4–17, and 6.5–4–24
under the subheading entitled ‘‘Rule 4.
Dubois County’’.
■ iii. Revising the entries for Rules 6.5–
5–2 and 6.5–5–5 under the subheading
entitled ‘‘Rule 5. Howard County’’.
■ iv. Revising the entries for Rules 6.5–
6–2, 6.5–6–25, 6.5–6–26, and 6.5–6–33,
and removing the entries for Rules 6.5–
6–3 and 6.5–6–15 under the subheading
entitled ‘‘Rule 6. Marion County’’.
■ v. Removing the entry for Rule 6.5–9–
8 under the subheading entitled ‘‘Rule
9. Vigo County’’.
■ vi. Removing the entry for Rule 6.5–
10–6 under the subheading entitled
‘‘Rule 10. Wayne County’’.
■ vii. Revising the entries for Rules 6.8–
2–18, 6.8–2–29 and 6.8–2–34 under the
subheading entitled ‘‘Rule 2. Lake
County: PM10 Emission Requirements’’.
The revised text reads as follows:
■
§ 52.770
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Identification of plan.
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EPA-APPROVED INDIANA REGULATIONS
Indiana citation
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Indiana
effective date
Subject
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EPA Approval date
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Notes
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Article 6.5. Particulate Matter Limitations Except Lake County
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Rule 4. Dubois County
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6.5–4–2 ........................................
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Kimball
Office—Jasper
Street.
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6.5–4–4 ........................................
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DMI Furniture Plant No. 5 ...........
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6.5–4–17 ......................................
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Kimball Office—Jasper
Street.
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6.5–4–24 ......................................
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Styline Industries, Inc. Plant #8 ...
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02/22/2016, [insert Federal
Register citation].
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05/29/2015
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02/22/2016, [insert Federal
Register citation].
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05/29/2015
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02/22/2016, [insert Federal
Register citation].
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05/29/2015
Cherry
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02/22/2016, [insert Federal
Register citation].
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05/29/2015
15th
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02/22/2016, [insert Federal
Register citation].
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Rule 5. Howard County
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6.5–5–2 ........................................
6.5–5–5 ........................................
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Chrysler, LLC-Kokomo Casting
Plant and Kokomo Transmission Plant.
Delco Electronics Corporation .....
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05/29/2015
05/29/2015
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02/22/2016, [insert Federal
Register citation].
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Rule 6. Marion County
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6.5–6–2 ........................................
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Allison Transmission ....................
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6.5–6–25 ......................................
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National Starch and Chemical
Company.
International Truck and Engine
Corporation & Indianapolis
Casting Corporation.
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Rolls-Royce Corporation .............
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6.5–6–26 ......................................
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6.5–6–33 ......................................
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05/29/2015
05/29/2015
05/29/2015
05/29/2015
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02/22/2016, [insert Federal
Register citation].
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02/22/2016, [insert Federal
Register citation].
02/22/2016, [insert Federal
Register citation].
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02/22/2016, [insert Federal
Register citation].
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Article 6.8. Particulate Matter Limitations for Lake County
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Rule 2. Lake County: PM10 Emission Requirements
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6.8–2–18 ......................................
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Jupiter Aluminum Corporation .....
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EPA-APPROVED INDIANA REGULATIONS—Continued
Indiana
effective date
Indiana citation
Subject
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6.8–2–29 ......................................
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Reed Minerals–Plant #14 ............
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6.8–2–34 ......................................
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Huhtamaki Foodservice, Inc. .......
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[FR Doc. 2016–03490 Filed 2–19–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2015–0848; FRL–9942–56–
Region 5]
Air Plan Approval; Wisconsin;
Revision to the Milwaukee-RacineWaukesha 2006 24-Hour Particulate
Matter Maintenance Plan
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving Wisconsin’s
December 23, 2015, state
implementation plan (SIP) revision to
the Milwaukee-Racine-Waukesha
(Milwaukee), Wisconsin 2006 24-Hour
Particulate Matter (PM2.5) maintenance
plan. This SIP revision establishes new
Motor Vehicle Emissions Budgets
(MVEB) for Volatile Organic
Compounds (VOC) for the years 2020
and 2025. The MVEBs for Oxides of
Nitrogen (NOX), Sulfur Dioxide (SO2),
and PM2.5 will remain the same. EPA is
approving the allocation of a portion of
the safety margin for VOC in the PM2.5
maintenance plan to the 2020 and 2025
MVEBs. The 2020 and 2025 total year
emissions of VOC for the area will
remain below the attainment level
required by the transportation
conformity regulations.
DATES: This direct final rule will be
effective April 22, 2016, unless EPA
receives adverse comments by March
23, 2016. If adverse comments are
received, EPA will publish a timely
withdrawal of the direct final rule in the
Federal Register informing the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2015–0848 at https://
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SUMMARY:
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EPA Approval date
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02/22/2016, [insert Federal
Register citation].
*
05/29/2015
*
*
02/22/2016, [insert Federal
Register citation].
*
05/29/2015
*
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www.regulations.gov or via email to
blakley.pamela@epa.gov. 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 on its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Michael Leslie, Environmental
Engineer, Control Strategies Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–6680,
leslie.michael@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. What is the background for this action?
II. What is a ‘‘safety margin’’?
III. How does this action change the
Milwaukee area’s 2006 24-hour PM2.5
maintenance plan?
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews
PO 00000
Frm 00016
Notes
Fmt 4700
Sfmt 4700
*
*
I. What is the background for this
action?
On April 22, 2014 (79 FR 22415), EPA
approved a request from the State of
Wisconsin to redesignate the Milwaukee
area for the 2006 24-hour PM2.5 national
ambient air quality standard (NAAQS).
In addition to approving the PM2.5
redesignation request, EPA approved
the State’s plan for maintaining the 2006
24-hour PM2.5 NAAQS in Milwaukee
through 2025. The PM2.5 maintenance
plan established MVEBs for PM2.5, SO2,
VOC and NOX for 2020 and 2025 to
account for new transportation planning
assumptions.
MVEBs are the projected levels of
controlled emissions from the
transportation sector (mobile sources)
that are estimated in the SIP to provide
for maintenance of the ozone standard.
The transportation conformity rule
allows the MVEB to be changed as long
as the total level of emissions from all
sources remains below the attainment
levels.
II. What is a ‘‘safety margin’’?
A ‘‘safety margin’’, as defined in the
transportation conformity rule (40 CFR
part 93 subpart A), is the amount by
which the total projected emissions
from all sources of a given pollutant are
less than the total emissions that would
satisfy the applicable requirement for
reasonable further progress, attainment,
or maintenance. The attainment level of
emissions is the level of emissions
during the year in which the area met
the NAAQS. Table 1 gives detailed
information on the safety margin for the
VOC portion of the Milwaukee’s 2006
24-Hour PM2.5 maintenance plan. Table
1 includes a comparison of the VOC
emissions in the 2010 (Wisconsin’s
attainment year), to the projected
emissions of VOC in 2020 and 2025.
The difference between the projected
emissions in years 2020 and 2025 and
the actual emissions in 2010 is referred
to as the safety margin or the amount of
excess emission reductions.
E:\FR\FM\22FER1.SGM
22FER1
]]>Agencies
[Federal Register Volume 81, Number 34 (Monday, February 22, 2016)]
[Rules and Regulations]
[Pages 8650-8654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03490]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2015-0379; FRL-9942-54-Region 5]
Air Plan Approval; Indiana; Particulate Matter Emissions Limits
Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: Under the Clean Air Act (CAA), the Environmental Protection
Agency (EPA) is approving a June 1, 2015, request by Indiana to revise
the State Implementation Plan (SIP) to incorporate changes to the
particulate matter (PM) rules contained in Title 326 of the Indiana
Administrative Code (IAC). This approval affects sources of PM in the
state of Indiana.
DATES: This direct final rule will be effective April 22, 2016, unless
EPA receives adverse comments by March 23, 2016. If adverse comments
are received, EPA will publish a timely withdrawal of the direct final
rule in the Federal Register informing the public that the rule will
not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2015-0379 at https://www.regulations.gov or via email to
blakley.pamela@epa.gov. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the Web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Anthony Maietta, Environmental
Protection Specialist, Control Strategies Section, Air Programs Branch
(AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 353-8777,
maietta.anthony@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. What is the background for this action?
II. What is EPA's analysis of the SIP revision?
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. What is the background for this action?
On June 1, 2015, the Indiana Department of Environmental Management
(IDEM) submitted a request for EPA to approve revisions to PM rules
contained in 326 IAC 6.5 and 6.8. The revisions to these rules were
published in the May 28, 2015, edition of the Indiana Register. On
January 14, 2015, IDEM held the first of two public hearings on
revisions to these rules. IDEM received comments during its January 14,
2015, public hearing, and IDEM revised its rules in response to those
comments. IDEM's second public hearing was held on March 11, 2015. IDEM
did not receive any comments at its March 11, 2015, public hearing.
II. What is EPA's analysis of the SIP revision?
Below is a discussion of changes to 326 IAC 6.5:
Sections 4-2, 4-17 and 4-24
Revisions to 326 IAC 6.5-4-2 and 326 IAC 6.5-4-17 consolidate the
identification numbers of the Kimball Office facilities in Jasper
Indiana from 00046 and 00042 to 00100. The revision to 326 IAC 6.5-4-24
revises the business name of the regulated source from Styline
Industries, Inc. Plant #8 to OFS Brands, Inc.--Plant #3. These
administrative revisions provide clarity to the existing rule and are
approvable into the Indiana SIP.
[[Page 8651]]
Section 5-2
Revisions to 326 IAC 6.5-5-2 update the business name of the
regulated source from Chrysler Group to FCA US, and the source
identification number for boiler 4 at the FCA US, LLC Kokomo
Transmission Plant from 00065 to 00078. Additionally, the revision
removes the following units, due to shut down and removal, at the FCA
US, LLC Kokomo Casting Plant: Reverberatory furnaces 1ARF, 1BRF, and
5RF (source identification numbers 2P, 3P, and 7P, respectively).
Overall, the revisions to Section 5-2 are approvable into the Indiana
SIP as they provide clarity to the existing rule, and the removal of
these units will reduce emissions.
Section 5-5
A revision to 326 IAC 6.5-5-5 updates the business name of the
regulated source from Delco Electronics Corporation to GM Components
Holdings, LLC.
Section 6-2
A revision to 326 IAC 6.5-6-2 removes boilers 1, 2, and 3 from
Allison Transmission due to shut down and removal. Further, a revision
to this section updates the source identification number for this
facility from 00017 to 00310, and consolidates reporting requirements
for this source. Overall, these revisions to Section 6-2 are approvable
into the Indiana SIP as they provide clarity to the existing rule, and
the removal of these units will help reduce emissions.
Section 6-25 and 6-26
A revision to Section 6.5-6-25 updates the business name of the
regulated source from National Starch and Chemical Company to Ingredion
Incorporated Indianapolis Plant. A revision to Section 6.6-6-26 updates
the business name of the regulated source from International Truck and
Engine Corporation & Indianapolis Casting Corporation to Navistar, Inc.
Section 6-33
A revision to 326 IAC 6.5-6-33 removes Boilers 0070 01 through 0070
04 from the Rolls-Royce Corporation facility due to their shutdown and
removal. In addition, a revision to Paragraph (3)(B) (post-revision,
paragraph (2)(B)) removes coal and adds #4 fuel oil to a list of
operating fuels for the facility. These revisions to Section 6-33 are
approvable into the Indiana SIP as the removal of these units will help
to reduce emissions.
326 IAC 6.8
Below is a discussion of changes to 326 IAC 6.8:
Section 2-18
A revision to 326 IAC 6.8-2-18 removes three units and increases
the PM emission rates (in lbs/hour) for two units at the Jupiter
Aluminum Corporation's facility in Lake County. The aluminum
reverberatory furnaces 3, 4, and 5 were shut down and removed, and the
PM emission rates for the aluminum reverberatory furnaces 2 and 6 were
increased. Specifically, the PM emission rate for the aluminum
reverberatory furnace 2 was increased from 1.137 to 1.499 lbs/hour. The
PM emission rate for the aluminum reverberatory furnace 6 was increased
from 0.970 to 2.008 lbs/hour. The increase in PM emission rates are
offset by the reduction in PM emission rates due to the shut down and
removal of the aluminum reverberatory furnaces 3, 4, and 5. The
revision to this section is approvable into the Indiana SIP.
Section 2-29
Revisions to 326 IAC 6.8-2-29 update the business name of the
regulated source from Reed Minerals to Harsco Minerals. The revision
also removes the fluidized bed dryer and its associated PM emission due
to shut down and removal. These revisions to Section 2-29 are
approvable into the Indiana SIP as they provide clarity to the existing
rule, and the shutdown of the fluidized bed dryer will help reduce
emissions.
Section 2-34
Revisions to 326 IAC 6.8-2-34 remove one molded pulp dryer; revise
the PM emissions limits for the remaining molded pulp dryers; and
clarify the reporting and recordkeeping requirements for the Huhtamaki
Foodservice, Inc., in Lake County. Specifically, the PM emission rates
for the molded pulp dryers were revised as follows:
--Molded pulp dryer number 1: 0.290 lbs/hour
--Molded pulp dryer number 2: 0.290 lbs/hour
--Molded pulp dryer number 3: 0.342 lbs/hour
--Molded pulp dryer number 4: 0.342 lbs/hour
--Molded pulp dryer number 5: 0.290 lbs/hour
--Molded pulp dryer number 6: 0.290 lbs/hour
--Molded pulp dryer number 8: 0.615 lbs/hour
--Molded pulp dryer number 9: 0.615 lbs/hour
--Molded pulp dryer number 10: 0.615 lbs/hour
The total facility PM emissions rate for molded pulp dryers remains
capped at 2.41 lbs/hour. Additional recordkeeping and reporting
requirements were included to ensure compliance with the capped PM
emissions rate under any operating scenario. Because this rule revision
retains the capped PM emission rate, and because this rule revision
includes requirements to ensure the facility complies with the PM
emission rates, these revisions are approvable into the Indiana SIP.
The revisions to 326 IAC 6-5 and 6-8 contain wording changes and
additions, improve and expand the applicability of the rule and its
impact on air quality statewide. On balance, EPA finds that the
revisions strengthen the existing SIP in Indiana and as such, deems the
submittal approvable.
III. What action is EPA taking?
EPA is approving into the Indiana SIP revisions to the PM rules
contained in Title 326 of the Indiana Administrative Code (IAC),
Article 6, Rule 5 (326 IAC 6.5) and Rule 8 (326 IAC 6.8).
We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the state plan if relevant adverse
written comments are filed. This rule will be effective April 22, 2016
without further notice unless we receive relevant adverse written
comments by March 23, 2016. If we receive such comments, we will
withdraw this action before the effective date by publishing a
subsequent document that will withdraw the final action. All public
comments received will then be addressed in a subsequent final rule
based on the proposed action. EPA will not institute a second comment
period. Any parties interested in commenting on this action should do
so at this time. Please note that if EPA receives adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, EPA may adopt as final those
provisions of the rule that are not the subject of an adverse comment.
If we do not receive any comments, this action will be effective April
22, 2016.
IV. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In
[[Page 8652]]
accordance with requirements of 1 CFR 51.5, EPA is finalizing the
incorporation by reference of the Indiana Regulations described in the
amendments to 40 CFR part 52 set forth below. EPA has made, and will
continue to make, these documents generally available electronically
through www.regulations.gov and/or in hard copy at the appropriate EPA
office (see the ADDRESSES section of this preamble for more
information).
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by April 22, 2016. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
Dated: February 3, 2016.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. In Sec. 52.770, the table in paragraph (c) is amended under the
headings entitled ``Article 6.5. Particulate Matter Limitations Except
Lake County'' and ``Article 6.8. Particulate Matter Limitations for
Lake County'' by:
0
i. Removing the entries for Rules 6.5-3-7 and 6.5-3-8 under the
subheading entitled ``Rule 3. Dearborn County''.
0
ii. Revising the entries for Rules 6.5-4-2, 6.5-4-4, 6.5-4-17, and 6.5-
4-24 under the subheading entitled ``Rule 4. Dubois County''.
0
iii. Revising the entries for Rules 6.5-5-2 and 6.5-5-5 under the
subheading entitled ``Rule 5. Howard County''.
0
iv. Revising the entries for Rules 6.5-6-2, 6.5-6-25, 6.5-6-26, and
6.5-6-33, and removing the entries for Rules 6.5-6-3 and 6.5-6-15 under
the subheading entitled ``Rule 6. Marion County''.
0
v. Removing the entry for Rule 6.5-9-8 under the subheading entitled
``Rule 9. Vigo County''.
0
vi. Removing the entry for Rule 6.5-10-6 under the subheading entitled
``Rule 10. Wayne County''.
0
vii. Revising the entries for Rules 6.8-2-18, 6.8-2-29 and 6.8-2-34
under the subheading entitled ``Rule 2. Lake County: PM10
Emission Requirements''.
The revised text reads as follows:
Sec. 52.770 Identification of plan.
* * * * *
(c) * * *
[[Page 8653]]
EPA-Approved Indiana Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
Indiana
Indiana citation Subject effective date EPA Approval date Notes
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Article 6.5. Particulate Matter Limitations Except Lake County
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Rule 4. Dubois County
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
6.5-4-2........................... Kimball Office-- 05/29/2015 02/22/2016, [insert Federal Register ....................................
Jasper 15th Street. citation].
* * * * * * *
6.5-4-4........................... DMI Furniture Plant 05/29/2015 02/22/2016, [insert Federal Register ....................................
No. 5. citation].
* * * * * * *
6.5-4-17.......................... Kimball Office-- 05/29/2015 02/22/2016, [insert Federal Register ....................................
Jasper Cherry Street. citation].
* * * * * * *
6.5-4-24.......................... Styline Industries, 05/29/2015 02/22/2016, [insert Federal Register ....................................
Inc. Plant #8. citation].
--------------------------------------------------------------------------------------------------------------------------------------------------------
Rule 5. Howard County
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
6.5-5-2........................... Chrysler, LLC-Kokomo 05/29/2015 02/22/2016, [insert Federal Register ....................................
Casting Plant and citation].
Kokomo Transmission
Plant.
6.5-5-5........................... Delco Electronics 05/29/2015 02/22/2016, [insert Federal Register ....................................
Corporation. citation].
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Rule 6. Marion County
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
6.5-6-2........................... Allison Transmission. 05/29/2015 02/22/2016, [insert Federal Register ....................................
citation].
* * * * * * *
6.5-6-25.......................... National Starch and 05/29/2015 02/22/2016, [insert Federal Register ....................................
Chemical Company. citation].
6.5-6-26.......................... International Truck 05/29/2015 02/22/2016, [insert Federal Register ....................................
and Engine citation].
Corporation &
Indianapolis Casting
Corporation.
* * * * * * *
6.5-6-33.......................... Rolls-Royce 05/29/2015 02/22/2016, [insert Federal Register ....................................
Corporation. citation].
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Article 6.8. Particulate Matter Limitations for Lake County
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Rule 2. Lake County: PM10 Emission Requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
6.8-2-18.......................... Jupiter Aluminum 05/29/2015 02/22/2016, [insert Federal Register ....................................
Corporation. citation].
[[Page 8654]]
* * * * * * *
6.8-2-29.......................... Reed Minerals-Plant 05/29/2015 02/22/2016, [insert Federal Register ....................................
#14. citation].
* * * * * * *
6.8-2-34.......................... Huhtamaki 05/29/2015 02/22/2016, [insert Federal Register ....................................
Foodservice, Inc.. citation].
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2016-03490 Filed 2-19-16; 8:45 am]
BILLING CODE 6560-50-P
