[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]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2015-0379; FRL-9942-54-Region 5]
Air Plan Approval; Indiana; Particulate Matter Emissions Limits
Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: Under the Clean Air Act (CAA), the Environmental Protection
Agency (EPA) is approving a June 1, 2015, request by Indiana to revise
the State Implementation Plan (SIP) to incorporate changes to the
particulate matter (PM) rules contained in Title 326 of the Indiana
Administrative Code (IAC). This approval affects sources of PM in the
state of Indiana.
DATES: This direct final rule will be effective April 22, 2016, unless
EPA receives adverse comments by March 23, 2016. If adverse comments
are received, EPA will publish a timely withdrawal of the direct final
rule in the Federal Register informing the public that the rule will
not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2015-0379 at http://www.regulations.gov or via email to
[email protected]. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the Web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit http://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Anthony Maietta, Environmental
Protection Specialist, Control Strategies Section, Air Programs Branch
(AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 353-8777,
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. What is the background for this action?
II. What is EPA's analysis of the SIP revision?
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. What is the background for this action?
On June 1, 2015, the Indiana Department of Environmental Management
(IDEM) submitted a request for EPA to approve revisions to PM rules
contained in 326 IAC 6.5 and 6.8. The revisions to these rules were
published in the May 28, 2015, edition of the Indiana Register. On
January 14, 2015, IDEM held the first of two public hearings on
revisions to these rules. IDEM received comments during its January 14,
2015, public hearing, and IDEM revised its rules in response to those
comments. IDEM's second public hearing was held on March 11, 2015. IDEM
did not receive any comments at its March 11, 2015, public hearing.
II. What is EPA's analysis of the SIP revision?
Below is a discussion of changes to 326 IAC 6.5:
Sections 4-2, 4-17 and 4-24
Revisions to 326 IAC 6.5-4-2 and 326 IAC 6.5-4-17 consolidate the
identification numbers of the Kimball Office facilities in Jasper
Indiana from 00046 and 00042 to 00100. The revision to 326 IAC 6.5-4-24
revises the business name of the regulated source from Styline
Industries, Inc. Plant #8 to OFS Brands, Inc.--Plant #3. These
administrative revisions provide clarity to the existing rule and are
approvable into the Indiana SIP.
[[Page 8651]]
Section 5-2
Revisions to 326 IAC 6.5-5-2 update the business name of the
regulated source from Chrysler Group to FCA US, and the source
identification number for boiler 4 at the FCA US, LLC Kokomo
Transmission Plant from 00065 to 00078. Additionally, the revision
removes the following units, due to shut down and removal, at the FCA
US, LLC Kokomo Casting Plant: Reverberatory furnaces 1ARF, 1BRF, and
5RF (source identification numbers 2P, 3P, and 7P, respectively).
Overall, the revisions to Section 5-2 are approvable into the Indiana
SIP as they provide clarity to the existing rule, and the removal of
these units will reduce emissions.
Section 5-5
A revision to 326 IAC 6.5-5-5 updates the business name of the
regulated source from Delco Electronics Corporation to GM Components
Holdings, LLC.
Section 6-2
A revision to 326 IAC 6.5-6-2 removes boilers 1, 2, and 3 from
Allison Transmission due to shut down and removal. Further, a revision
to this section updates the source identification number for this
facility from 00017 to 00310, and consolidates reporting requirements
for this source. Overall, these revisions to Section 6-2 are approvable
into the Indiana SIP as they provide clarity to the existing rule, and
the removal of these units will help reduce emissions.
Section 6-25 and 6-26
A revision to Section 6.5-6-25 updates the business name of the
regulated source from National Starch and Chemical Company to Ingredion
Incorporated Indianapolis Plant. A revision to Section 6.6-6-26 updates
the business name of the regulated source from International Truck and
Engine Corporation & Indianapolis Casting Corporation to Navistar, Inc.
Section 6-33
A revision to 326 IAC 6.5-6-33 removes Boilers 0070 01 through 0070
04 from the Rolls-Royce Corporation facility due to their shutdown and
removal. In addition, a revision to Paragraph (3)(B) (post-revision,
paragraph (2)(B)) removes coal and adds #4 fuel oil to a list of
operating fuels for the facility. These revisions to Section 6-33 are
approvable into the Indiana SIP as the removal of these units will help
to reduce emissions.
326 IAC 6.8
Below is a discussion of changes to 326 IAC 6.8:
Section 2-18
A revision to 326 IAC 6.8-2-18 removes three units and increases
the PM emission rates (in lbs/hour) for two units at the Jupiter
Aluminum Corporation's facility in Lake County. The aluminum
reverberatory furnaces 3, 4, and 5 were shut down and removed, and the
PM emission rates for the aluminum reverberatory furnaces 2 and 6 were
increased. Specifically, the PM emission rate for the aluminum
reverberatory furnace 2 was increased from 1.137 to 1.499 lbs/hour. The
PM emission rate for the aluminum reverberatory furnace 6 was increased
from 0.970 to 2.008 lbs/hour. The increase in PM emission rates are
offset by the reduction in PM emission rates due to the shut down and
removal of the aluminum reverberatory furnaces 3, 4, and 5. The
revision to this section is approvable into the Indiana SIP.
Section 2-29
Revisions to 326 IAC 6.8-2-29 update the business name of the
regulated source from Reed Minerals to Harsco Minerals. The revision
also removes the fluidized bed dryer and its associated PM emission due
to shut down and removal. These revisions to Section 2-29 are
approvable into the Indiana SIP as they provide clarity to the existing
rule, and the shutdown of the fluidized bed dryer will help reduce
emissions.
Section 2-34
Revisions to 326 IAC 6.8-2-34 remove one molded pulp dryer; revise
the PM emissions limits for the remaining molded pulp dryers; and
clarify the reporting and recordkeeping requirements for the Huhtamaki
Foodservice, Inc., in Lake County. Specifically, the PM emission rates
for the molded pulp dryers were revised as follows:
--Molded pulp dryer number 1: 0.290 lbs/hour
--Molded pulp dryer number 2: 0.290 lbs/hour
--Molded pulp dryer number 3: 0.342 lbs/hour
--Molded pulp dryer number 4: 0.342 lbs/hour
--Molded pulp dryer number 5: 0.290 lbs/hour
--Molded pulp dryer number 6: 0.290 lbs/hour
--Molded pulp dryer number 8: 0.615 lbs/hour
--Molded pulp dryer number 9: 0.615 lbs/hour
--Molded pulp dryer number 10: 0.615 lbs/hour
The total facility PM emissions rate for molded pulp dryers remains
capped at 2.41 lbs/hour. Additional recordkeeping and reporting
requirements were included to ensure compliance with the capped PM
emissions rate under any operating scenario. Because this rule revision
retains the capped PM emission rate, and because this rule revision
includes requirements to ensure the facility complies with the PM
emission rates, these revisions are approvable into the Indiana SIP.
The revisions to 326 IAC 6-5 and 6-8 contain wording changes and
additions, improve and expand the applicability of the rule and its
impact on air quality statewide. On balance, EPA finds that the
revisions strengthen the existing SIP in Indiana and as such, deems the
submittal approvable.
III. What action is EPA taking?
EPA is approving into the Indiana SIP revisions to the PM rules
contained in Title 326 of the Indiana Administrative Code (IAC),
Article 6, Rule 5 (326 IAC 6.5) and Rule 8 (326 IAC 6.8).
We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the state plan if relevant adverse
written comments are filed. This rule will be effective April 22, 2016
without further notice unless we receive relevant adverse written
comments by March 23, 2016. If we receive such comments, we will
withdraw this action before the effective date by publishing a
subsequent document that will withdraw the final action. All public
comments received will then be addressed in a subsequent final rule
based on the proposed action. EPA will not institute a second comment
period. Any parties interested in commenting on this action should do
so at this time. Please note that if EPA receives adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, EPA may adopt as final those
provisions of the rule that are not the subject of an adverse comment.
If we do not receive any comments, this action will be effective April
22, 2016.
IV. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In
[[Page 8652]]
accordance with requirements of 1 CFR 51.5, EPA is finalizing the
incorporation by reference of the Indiana Regulations described in the
amendments to 40 CFR part 52 set forth below. EPA has made, and will
continue to make, these documents generally available electronically
through www.regulations.gov and/or in hard copy at the appropriate EPA
office (see the ADDRESSES section of this preamble for more
information).
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by April 22, 2016. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
Dated: February 3, 2016.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. In Sec. 52.770, the table in paragraph (c) is amended under the
headings entitled ``Article 6.5. Particulate Matter Limitations Except
Lake County'' and ``Article 6.8. Particulate Matter Limitations for
Lake County'' by:
0
i. Removing the entries for Rules 6.5-3-7 and 6.5-3-8 under the
subheading entitled ``Rule 3. Dearborn County''.
0
ii. Revising the entries for Rules 6.5-4-2, 6.5-4-4, 6.5-4-17, and 6.5-
4-24 under the subheading entitled ``Rule 4. Dubois County''.
0
iii. Revising the entries for Rules 6.5-5-2 and 6.5-5-5 under the
subheading entitled ``Rule 5. Howard County''.
0
iv. Revising the entries for Rules 6.5-6-2, 6.5-6-25, 6.5-6-26, and
6.5-6-33, and removing the entries for Rules 6.5-6-3 and 6.5-6-15 under
the subheading entitled ``Rule 6. Marion County''.
0
v. Removing the entry for Rule 6.5-9-8 under the subheading entitled
``Rule 9. Vigo County''.
0
vi. Removing the entry for Rule 6.5-10-6 under the subheading entitled
``Rule 10. Wayne County''.
0
vii. Revising the entries for Rules 6.8-2-18, 6.8-2-29 and 6.8-2-34
under the subheading entitled ``Rule 2. Lake County: PM10
Emission Requirements''.
The revised text reads as follows:
Sec. 52.770 Identification of plan.
* * * * *
(c) * * *
[[Page 8653]]
EPA-Approved Indiana Regulations
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Indiana
Indiana citation Subject effective date EPA Approval date Notes
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* * * * * * *
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Article 6.5. Particulate Matter Limitations Except Lake County
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* * * * * * *
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Rule 4. Dubois County
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* * * * * * *
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].
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Rule 5. Howard County
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* * * * * * *
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].
* * * * * * *
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Rule 6. Marion County
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* * * * * * *
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].
* * * * * * *
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Article 6.8. Particulate Matter Limitations for Lake County
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* * * * * * *
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Rule 2. Lake County: PM10 Emission Requirements
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* * * * * * *
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].
* * * * * * *
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* * * * *
[FR Doc. 2016-03490 Filed 2-19-16; 8:45 am]
BILLING CODE 6560-50-P