[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.

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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: [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.
    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, [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. 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
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                                                              Indiana
        Indiana citation                 Subject          effective date  EPA Approval date         Notes
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                                                  * * * * * * *
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                                         Article 7. Sulfur Dioxide Rules
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                                                  * * * * * * *
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                            Rule 4.1 Lake County Sulfur Dioxide Emission Limitations
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                                                  * * * * * * *
7-4.1-21.......................  Walsh and Kelly sulfur        5/29/2015  9/11/2015,
                                  dioxide emission                         [insert Federal
                                  limitations.                             Register
                                                                           citation].
 
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[FR Doc. 2015-22716 Filed 9-10-15; 8:45 am]
BILLING CODE 6560-50-P