54744 Federal Register / Vol. 80, No. 176 / Friday, September 11, 2015 / Proposed Rules 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2015–0380; FRL–9933–64– 

Region 5] 

Air Plan Approval; Indiana; SO2

Revision for Walsh and Kelly 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

request submitted by the Indiana 

Department of Environmental 

Management on June 1, 2015, to revise 

its 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: Comments must be received on 

or before October 13, 2015. 

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: blakley.pamela@epa.gov. 

3. Fax: (312) 692–2450. 

4. Mail: Pamela Blakley, Chief, 

Control Strategies Section (AR–18J), 

U.S. Environmental Protection Agency, 

77 West Jackson Boulevard, Chicago, 

Illinois 60604. 

5. Hand Delivery: Pamela Blakley, 

Chief, Control Strategies Section (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. 

Please see the direct final rule which 

is located in the Rules section of this 

Federal Register for detailed 

instructions on how to submit 

comments. 

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, 

hatten.charles@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

Final Rules section of this Federal 

Register, EPA is approving Indiana’s 

SO2 SIP submittal as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If EPA does not receive adverse 

comments in response to this rule, no 

further activity is contemplated. If EPA 

receives adverse comments, EPA will 

withdraw the direct final rule and will 

address all public comments received in 

a subsequent final rule based on this 

proposed rule. 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 can 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. For additional 

information, see the direct final rule 

which is located in the Rules section of 

this Federal Register. 

Dated: August 28, 2015. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2015–22715 Filed 9–10–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2015–0464; FRL–9933–63– 

Region 5] 

Air Plan Approval; Wisconsin; 

Wisconsin State Board Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

state implementation plan (SIP) 

submissions from Wisconsin regarding 

the state board requirements under 

section 128 of the Clean Air Act (CAA). 

EPA is also proposing to approve 

elements of SIP submissions from 

Wisconsin regarding the infrastructure 

requirements of section 110 relating to 

state boards for the 1997 ozone, 1997 

fine particulate (PM2.5), 2006 PM2.5, 

2008 lead (Pb), 2008 ozone, 2010 

nitrogen dioxide (NO2), and 2010 sulfur 

dioxide (SO2) National Ambient Air 

Quality Standards (NAAQS). 

DATES: Comments must be received on 

or before October 13, 2015. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2015–0464, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: aburano.douglas@epa.gov. 

3. Fax: (312) 408–2279. 

4. Mail: Douglas Aburano, Chief, 

Attainment Planning and Maintenance 

Section, Air Programs Branch (AR–18J), 

U.S. Environmental Protection Agency, 

77 West Jackson Boulevard, Chicago, 

Illinois 60604. 

5. Hand Delivery: Douglas Aburano, 

Chief, Attainment Planning and 

Maintenance 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– 

0464. 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 


rmajette on DSK7SPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 176 / Friday, September 11, 2015 / Proposed Rules 54745 

1PM2.5 refers to particles with an aerodynamic 

diameter of less than or equal to 2.5 micrometers, 

oftentimes referred to as ‘‘fine’’ particles. 

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. For additional instructions on 

submitting comments, go to Section I of 

the SUPPLEMENTARY INFORMATION section 

of this document. 

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 Eric 

Svingen, Environmental Engineer, at 

(312) 353–4489 before visiting the 

Region 5 office. 

FOR FURTHER INFORMATION CONTACT: Eric 

Svingen, Environmental Engineer, 

Attainment Planning and Maintenance 

Section, Air Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–4489, 

svingen.eric@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 should I consider as I prepare my 

comments for EPA? 

II. What is the background of these SIP 

submissions? 

III. What guidance is EPA using to evaluate 

these SIP submissions? 

IV. What is the result of EPA’s review of 

these SIP submissions? 

V. What action is EPA taking? 

VI. Incorporation by Reference. 

VII. Statutory and Executive Order Reviews. 

I. What should I consider as I prepare 

my comments for EPA? 

When submitting comments, 

remember to: 

1. Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

2. Follow directions—EPA may ask 

you to respond to specific questions or 

organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

3. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

4. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

5. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

6. Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

7. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

8. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. What is the background of these SIP 

submissions? 

This rulemaking addresses 

submissions from the Wisconsin 

Department of Natural Resources 

(WDNR) dated July 2, 2015. These 

submissions are intended to address 

CAA requirements relating to the state 

board requirements under section 128, 

as well as infrastructure requirements of 

section 110 relating to state boards for 

the 1997 ozone, 1997 PM2.5, 2006 PM2.5, 

2008 Pb, 2008 ozone, 2010 NO2, and 

2010 SO2 NAAQS. 

The requirement for states to make 

infrastructure SIP submissions arises 

out of CAA section 110(a)(1). Pursuant 

to section 110(a)(1), states must make 

SIP submissions ‘‘within 3 years (or 

such shorter period as the Administrator 

may prescribe) after the promulgation of 

a national primary ambient air quality 

standard (or any revision thereof),’’ and 

these SIP submissions are to provide for 

the ‘‘implementation, maintenance, and 

enforcement’’ of such NAAQS. The 

statute directly imposes on states the 

duty to make these SIP submissions, 

and the requirement to make the 

submissions is not conditioned upon 

EPA’s taking any action other than 

promulgating a new or revised NAAQS. 

Section 110(a)(2) includes a list of 

specific elements that ‘‘[e]ach such 

plan’’ submission must address. 

EPA has historically referred to these 

SIP submissions made for the purpose 

of satisfying the requirements of CAA 

section 110(a)(1) and (2) as 

‘‘infrastructure SIP’’ submissions. 

Although the term ‘‘infrastructure SIP’’ 

does not appear in the CAA, EPA uses 

the term to distinguish this particular 

type of SIP submission from 

submissions that are intended to satisfy 

other SIP requirements under the CAA. 

This specific rulemaking is only taking 

action on the CAA 110(a)(2)(E)(ii) 

element of these infrastructure SIP 

requirements, which is the only 

infrastructure SIP element addressed in 

WDNR’s submittal dated July 2, 2015. 

III. What guidance is EPA using to 

evaluate these SIP submissions? 

EPA’s guidance for these submissions 

is highlighted in an October 2, 2007, 

guidance document entitled ‘‘Guidance 

on SIP Elements Required Under 

Sections 110(a)(1) and (2) for the 1997 

8-hour Ozone and PM2.5 1 National 

Ambient Air Quality Standards’’ (2007 

Guidance). Further guidance is provided 

in a September 13, 2013, document 

entitled ‘‘Guidance on Infrastructure 

State Implementation Plan (SIP) 

Elements under CAA Sections 110(a)(1) 

and (2)’’ (2013 Guidance). 

IV. What is the result of EPA’s review 

of these SIP submissions? 

Pursuant to section 110(a), states must 

provide reasonable notice and 

opportunity for public hearing for all 

infrastructure SIP submissions. WDNR 

provided notice of a public comment 

period on May 9, 2015, held a public 

hearing at WDNR State Headquarters on 

June 9, 2015, and closed the public 

comment period on June 11, 2015. No 

comments were received. 

Wisconsin provided a detailed 

synopsis of how various components of 

its SIP meet each of the applicable 

requirements in section 128 and 

110(a)(2)(E)(ii) for the 1997 ozone, 1997 

PM2.5, 2006 PM2.5, 2008 Pb, 2008 ozone, 

2010 NO2, and 2010 SO2 NAAQS, as 

applicable. The following review 

evaluates the state’s submissions. 

A. Section 128 

Section 128 of the CAA includes just 

one subsection labeled ‘‘(a)’’, which 

contains two explicit requirements: (1) 

That any board or body which approves 

permits or enforcement orders under 

this chapter shall have at least a 

majority of members who represent the 

public interest and do not derive any 

significant portion of their income from 

persons subject to permits and 

enforcement orders under this chapter, 

and (2) that any potential conflicts of 

interest by members of such board or 

body or the head of an executive agency 

with similar powers be adequately 

disclosed. 

On July 2, 2015, WDNR submitted 

rules from Wisconsin Statutes (Wis. 

Stats.) for incorporation into the SIP, 

pursuant to section 128 of the CAA. 

Wisconsin maintains a state board, 

called the Wisconsin Natural Resources 


rmajette on DSK7SPTVN1PROD with PROPOSALS
54746 Federal Register / Vol. 80, No. 176 / Friday, September 11, 2015 / Proposed Rules 

Board (NRB). However, the NRB’s 

functions are purely regulatory, 

advisory, and policy-making. Under 

Wis. Stats. 15.05, the administrative 

powers and duties of the WDNR, 

including issuance of permits and 

enforcement orders, are vested in the 

secretary. Under the statutes that govern 

its operations, the NRB does not and 

cannot approve permits or enforcement 

orders. Therefore, Wisconsin has no 

further obligations under section 

128(a)(1) of the CAA. 

Under section 128(a)(2) of the CAA, 

the head of the executive agency with 

the power to approve permits or 

enforcement orders must adequately 

disclose any potential conflicts of 

interest. In Wisconsin, this power is 

vested in the Secretary of the WDNR. 

Wis. Stats. 19.45(2) prevents financial 

gain of any public official, which 

addresses the issue of deriving any 

significant portion of income from 

persons subject to permits and 

enforcement orders. Additionally, Wis. 

Stats. 19.46 prevents a public official 

from taking actions where there is a 

conflict of interest. As a public official 

under Wis. Stats. 19, the Secretary of the 

WDNR is subject to these ethical 

obligations. As requested in WDNR’s 

submission, EPA is proposing to 

incorporate Wis. Stats. 15.05, 19.45(2), 

and 19.46 into Wisconsin’s SIP. EPA 

proposes that these statutes satisfy all 

requirements under section 128 of the 

CAA. 

B. Section 110(a)(2)(E)(ii) 

Section 110(a)(2)(E)(ii) of the CAA 

also requires each SIP to contain 

provisions that comply with the state 

board requirements of section 128 of the 

CAA. 

In its submittal dated July 2, 2015, 

WDNR requested that Wis. Stats. 15.05, 

19.45(2), and 19.46 be applied not only 

to obligations under section 128 of the 

CAA, but also to infrastructure SIP 

requirements for the 1997 ozone, 1997 

PM2.5, 2006 PM2.5, 2008 Pb, 2008 ozone, 

2010 NO2, and 2010 SO2 NAAQS. EPA 

therefore proposes that Wisconsin has 

met the infrastructure SIP requirements 

of this portion of section 110(a)(2)(E)(ii) 

with respect to the 1997 ozone, 1997 

PM2.5, 2006 PM2.5, 2008 Pb, 2008 ozone, 

2010 NO2, and 2010 SO2 NAAQS. 

V. What Action is EPA Taking? 

EPA is proposing to incorporate Wis. 

Stats. 15.05, 19.45(2), and 19.46 into 

Wisconsin’s SIP. EPA is further 

proposing to approve these submissions 

as meeting CAA obligations under 

section 128, as well as 110(a)(2)(E)(ii) 

for the 1997 ozone, 1997 PM2.5, 2006 

PM2.5, 2008 Pb, 2008 ozone, 2010 NO2, 

and 2010 SO2 NAAQS. 

VI. Incorporation by Reference 

In this rule, EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, EPA is 

proposing to incorporate by reference 

Wis. Stats. 15.05, effective July 2, 2013, 

Wis. Stats. 19.45(2), effective May 11, 

1990, and Wis. Stats. 19.46, effective 

February 17, 2007. 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). 

VII. 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). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Lead, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides. 

Dated: August 28, 2015. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2015–22713 Filed 9–10–15; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

42 CFR Part 88 

[Docket No. CDC–2015–0063, NIOSH–287] 

RIN 0920–AA61 

World Trade Center Health Program; 

Addition of New-Onset Chronic 

Obstructive Pulmonary Disease and 

Acute Traumatic Injury to the List of 

WTC-Related Health Conditions 

AGENCY: Centers for Disease Control and 

Prevention, HHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The World Trade Center 

(WTC) Health Program, at the direction 

of the Administrator, conducted a 

review of published studies regarding 

potential evidence of chronic 

obstructive pulmonary disease (COPD) 

and acute traumatic injury among 

individuals who were responders to or 

survivors of the September 11, 2001, 

terrorist attacks. The Administrator of 

the WTC Health Program found that 


rmajette on DSK7SPTVN1PROD with PROPOSALS