[Federal Register Volume 80, Number 161 (Thursday, August 20, 2015)]
[Rules and Regulations]
[Pages 50579-50582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20528]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2014-0660; FRL-9932-18-Region 5]


Air Plan Approval; Indiana; Alcoa BART

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
revision to the Alcoa Best Available Retrofit Technology (BART) 
averaging time for nitrogen oxides (NOX) in the Indiana 
State Implementation Plan (SIP). On July 23, 2014, the Indiana 
Department of Environmental Management (IDEM) submitted to EPA a 
revision to the daily NOX emissions limits, changing from a 
rolling 24-hour average to a 24-hour daily average. IDEM provided a 
statistical analysis showing that no significant increase in emissions 
will occur as a result of this change. EPA is approving this SIP 
revision because it will not interfere with attainment or maintenance 
of the National Ambient Air Quality Standard (NAAQS).

DATES: This direct final rule is effective October 19, 2015, unless EPA 
receives adverse comments by September 21, 2015. 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-2014-0660, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    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.

[[Page 50580]]

    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2014-0660. 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 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 Carolyn Persoon, Environmental 
Engineer, at (312) 353-8290, before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Carolyn Persoon, Environmental 
Engineer, Control Strategies Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 353-8290, [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. Alternate Averaging Calculation
II. What action is EPA taking?
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Alternate Averaging Calculation

Background for Alcoa BART NOX Emission Limits and Calculations

    On June 11, 2012, EPA approved BART NOX emission limits 
and compliance requirements for Alcoa into the Indiana SIP to meet 
Regional Haze requirements (77 FR 34218).\1\ The rule, 326 IAC 26-2-2, 
sets emission limits, which include averaging times, for Alcoa's 
Warrick Power Station located in Newburgh, Indiana.
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    \1\ EPA finalized a limited approval of revisions to the Indiana 
State Implementation Plan (SIP) submitted by the Indiana Department 
of Environmental Management (IDEM) on January 14, 2011, and March 
10, 2011, addressing regional haze for the first implementation 
period that ends 2018. This action was in accordance with the 
requirements of the Clean Air Act (CAA) and EPA's rules for states 
to prevent and remedy future and existing anthropogenic impairment 
of visibility in mandatory Class I areas through a regional haze 
program. As part of this action, EPA approved limits for the Alcoa 
facility that EPA finds satisfy the requirements for best available 
retrofit technology (BART).
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    For the original Regional Haze SIP, IDEM submitted an engineering 
analysis for the rulemaking that included recommended BART limits for 
particulate matter (PM), sulfur dioxide (SO2) and 
NOX. For Alcoa's Warrick Plant Boilers 2 and 3, the 
averaging time for the NOX limit was a 24-hour rolling 
average. IDEM revised the rule 326 IAC 26-2-2 on March 12, 2014, with 
an effective date of June 29, 2014 to change the NOX 
averaging time for Boilers 2 and 3 to be 24-hour daily averages rather 
than 24-hour rolling averages, in order to be consistent with other 
pollutant averaging times.
    On March 12, 2014, the Indiana Environmental Rules Board approved 
these rule changes in accordance with the provisions of Title 13 of the 
Indiana Code. On November 20, 2013, IDEM provided a public notice and 
comment on the SIP revision in the Indiana Register. There were no 
requests for a public hearing, and no public comments were received.

Analysis of Revision

    EPA's approval is based on whether the rule revision meets the 
requirements of section 110(l) of the Clean Air Act (CAA), 42 U.S.C. 
4202(l). In particular, EPA considered whether the changes made to the 
compliance averaging times for Boilers 2 and 3 would allow for higher 
overall emissions of NOX on an hourly basis while still 
meeting the emission limits. IDEM submitted to EPA a supplemental 
analysis showing the maximum difference between the two calculation 
methods.
    IDEM's analysis compared the two averaging times using the Warrick 
Plant continuous emissions monitor (CEM) data for NOX from 
August 2013, the month with the highest NOX emissions. This 
data and analysis can be found in the docket. Using this data, IDEM 
calculated both 24-hour rolling and 24-hour daily averages for the 
NOX emissions, and then calculated the difference between 
each 24-hour period. The maximum calculated difference in emissions 
between the two methods was 0.01 pounds per million BTU (lbs/mmBTU), 
which EPA determined not to be statistically significant using a paired 
t-test analysis. EPA also evaluated air quality monitoring data for 
nitrogen dioxide (NO2), as well as fine particulate 
(PM2.5) and ozone, since NOX is a precursor for 
both. Current design values (2012-2014) for the NO2 1-hour 
standard (100 ppb), ozone (75 ppb) and PM2.5 standards (12 
[mu]g/m\3\ for the annual and 35 [mu]g/m\3\ for the 24-hour standard) 
for the area all show attainment of the standards at 35 ppb, 72 ppb, 
and 10.9 and 25 [mu]g/m\3\, respectively. See EPA's Web site on design 
values at http://www.epa.gov/airtrends/values.html. EPA has determined 
that the area will maintain the standards because ambient levels are 
currently below the NAAQS and continue to decline. A potential 
emissions increase of 0.01 lbs/mmBTU is not likely to cause a violation 
of the NAAQS, therefore noninterference has been demonstrated.
    The Indiana SIP revision is therefore approvable because the 
revision meets the requirements under 110(l), given that the area is 
attaining all applicable NAAQS, and that the revision will not impact 
the ability to maintain the NAAQS.

II. What action is EPA taking?

    EPA is approving a revision to the Alcoa BART averaging times for 
the Warrick Plant Boilers 2 and 3 (326 lAC 26-2-2(2)(C)(i)), from 24-
hour rolling average to 24-hour daily average. EPA's review and 
analysis has determined the revision will not interfere with attainment 
or maintenance of the NAAQS, as prescribed by section 110(l) of the 
CAA.

[[Page 50581]]

    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 amendment if relevant 
adverse written comments are filed. This rule will be effective October 
19, 2015 without further notice unless we receive relevant adverse 
written comments by September 21, 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. 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 October 19, 2015.

III. 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. 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).

IV. 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. 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 theFederal 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 October 19, 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, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: August 3, 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. In Sec.  52.770 the table in paragraph (c) is amended under 
``Article 26. Regional Haze'', ``Rule 2. Best Available Retrofit 
Technology Emission Limitations'' by revising the entry for 26-2-2 
``Alcoa emission limitations and compliance methods'' to read as 
follows:


Sec.  52.770  Identification of plan.

* * * * *
    (c) * * *

[[Page 50582]]



                                        EPA-Approved Indiana Regulations
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                                                  Indiana
   Indiana citation             Subject          effective      EPA Approval date               Notes
                                                    date
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                                            Article 26. Regional Haze
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                         Rule 2. Best Available Retrofit Technology Emission Limitations
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                                                  * * * * * * *
26-2-2................  Alcoa emission            6/29/2014  8/20/2015, [Insert
                         limitations and                      Federal Register
                         compliance methods.                  citation].
 
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[FR Doc. 2015-20528 Filed 8-19-15; 8:45 am]
 BILLING CODE 6560-50-P