[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
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
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].
 
                                                                      * * * * * * *
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* * * * *
[FR Doc. 2016-03490 Filed 2-19-16; 8:45 am]
 BILLING CODE 6560-50-P