### 10352 Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations

under authority of 44 U.S.C. Sections 2904
and 2906.

(12) Disclosure of Information to National
Archives and Records Administration

Routine Use. A record from a system of records maintained by a DoD component may
be disclosed as a routine use to National
Archives and Records Administration for the purpose of records management inspections conducted under authority of 44 U.S.C.s 2904
and 2906.

(13) Disclosure to the Merit Systems
Protection Board Routine Use. A record from a system of records maintained by a DoD component may be disclosed as a routine use to the Merit Systems Protection Board, including the Office of the Special Counsel for the purpose of litigation, including administrative proceedings, appeals, special
studies of the civil service and other merit systems, review of the Office of Personnel Management or component rules and regulations, investigation of alleged or possible prohibited personnel practices, including administrative proceedings involving any individual subject of a DoD investigation, and such other functions, promulgated in 5 U.S.C.s 1205 and 1206, or as may be authorized by law.

(14) Counterintelligence Purposes Routine

Use. A record from a system of records maintained by a DoD component may be
disclosed as a routine use outside the DoD or the U.S. Government for the purpose of counterintelligence activities authorized by
U.S. Law or Executive Order or for the purpose of enforcing laws which protect the national security of the United States.

(15) Data Breach Remediation Purposes

Routine Use. A record from a system of records maintained by a Component may be disclosed to appropriate agencies, entities, and persons when:

(1) The Component suspects or has confirmed that the security or confidentiality of the information in the system of records has been compromised;

(2) The Component has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by the Component or another agency or entity) that rely upon the compromised information; and

(3) The disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with the Component’s efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm.

(16) Information Sharing Environment Routine Use. A record from a system of records maintained by a Component consisting of, or relating to, terrorism information (6 U.S.C. 485(a)(4)), homeland security information (6 U.S.C. 482(f)(1)), or law enforcement information (Guideline 2 Report attached to White House Memorandum, ‘‘Information Sharing Environment Reports,’’ November 22, 2006) may be disclosed to a Federal, State, local, tribal, territorial, foreign governmental and/ or multinational agency, either in response to its request or upon the initiative of the Component, for purposes of sharing such information as is necessary and relevant for the agencies to the detection, prevention, disruption, preemption, and mitigation of the effects of terrorist activities against the territory, people, and interests of the United States of America as contemplated by the Intelligence Reform and Terrorism Protection Act of 2004 (Pub. L. 108–458) and Executive Order 13388 (October 25, 2005).

[FR Doc. 2015–03862 Filed 2–25–15; 8:45 am]

**BILLING CODE 3710–08–P**

**ENVIRONMENTAL PROTECTION**
**AGENCY**

**40 CFR Part 52**

**[EPA–R06–OAR–2010–0611; FRL–9923–24– Region 6]** 

**Approval and Promulgation of Implementation Plans; Texas; Revision**  **to Control of Air Pollution From Volatile Organic Compounds;**  **Alternative Leak Detection and Repair**
**Work Practice**

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Direct final rule.

**SUMMARY :**  The Environmental Protection Agency (EPA) is taking direct final action to approve a Texas State Implementation Plan (SIP) revision for control of volatile organic compound (VOC) emissions from fugitive sources that was submitted to EPA on July 2,
2010. The SIP revision allows for a voluntary alternative work practice to detect fugitive emission leaks using optical gas imaging instruments under
the EPA federal Leak Detection and Repair (LDAR) requirements. The EPA is approving this SIP revision pursuant
to section 110 of the Clean Air Act (CAA) and consistent with EPA’s guidance and regulations.

**DATES :**  This rule is effective on April 27, 2015 without further notice, unless EPA receives relevant adverse comment by March 30, 2015. If EPA receives such comment, EPA will publish a timely
withdrawal in the Federal Register informing the public that this rule will
not take effect.

**ADDRESSES :**  Submit your comments, identified by Docket No. EPA–R06– OAR–2010–0611, by one of the following methods:

• www.regulations.gov: Follow the
on-line instructions.

• Email: Jennifer Huser at huser.jennifer@epa.gov.

• Mail or delivery: Mr. Guy Donaldson, Chief, Air Planning Section (6PD–L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202–2733. Instructions: Direct your comments to
Docket ID No. EPA–R06–OAR–2010– 0611. EPA’s policy is that all comments received will be included in the public docket without change and may be
made available online at http:// www.regulations.gov, including any personal information provided, unless
the comment includes information
claimed to be Confidential Business Information (CBI) or other information the disclosure of which is restricted by
statute. Do not submit information through http://www.regulations.gov or email, if you believe that it is CBI or otherwise protected from disclosure.
The http://www.regulations.gov Web site is an ‘‘anonymous access’’ system,
which means that 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 http://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 along with any disk or CD–
ROM submitted. 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 and any form of encryption and should be free of any defects or
viruses. For additional information about EPA’s public docket, visit the EPA Docket Center homepage at http:// www.epa.gov/epahome/dockets.htm.

Docket: The index to the docket for this action is available electronically at www.regulations.gov and in hard copy at EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas. While all
documents in the docket are listed in the index, some information may be publicly available only at the hard copy location ( e.g., copyrighted material), and some may not be publicly available at either location ( e.g., CBI).

**FOR FURTHER INFORMATION CONTACT :**  Jennifer Huser, (214) 665–7347, huser.jennifer@epa.gov. To inspect the hard copy materials, please schedule an appointment with Ms. Huser or Mr. Bill Deese at (214) 665–7253.

**SUPPLEMENTARY INFORMATION :**  Throughout this document wherever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.


### 10353 Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations

Table of Contents

I. Background
II. EPA’s Evaluation
III. Final Action IV. Statutory and Executive Order Reviews
I. Background

A. CAA and SIPs

Section 110 of the CAA requires states to develop and submit to EPA a SIP to ensure that state air quality meets National Ambient Air Quality Standards (NAAQS). These NAAQS standards currently address six criteria pollutants: carbon monoxide, nitrogen dioxide, ozone, lead, particulate matter, and sulfur dioxide. Each federally-approved SIP protects air quality primarily by addressing air pollution at its point of origin through air pollution regulations and control strategies. EPA-approved SIPs, including control strategies are federally enforceable. As needed, States
revise the SIP and submit revisions to EPA for approval.

B. SIP Revision Submitted on July 2,

2010

On July 2, 2010, the Texas Commission on Environmental Quality (TCEQ) submitted revisions to the Texas SIP LDAR rules to allow a voluntary alternative work practice to detect fugitive emission leaks using optical gas imaging. The submitted SIP revisions
amended Texas Administrative Code (TAC) at 30 TAC Chapters 115.322–
115.326, 115.352–115.357, 115.781, 115.782, and 115.768–788, and added new 30 TAC Chapter 115.358 and 30 TAC Chapter 115.784, Control of Air Pollution from Volatile Organic Compounds. The federal and state LDAR program is a fundamental aspect of air pollution control by reducing emissions from leaking piping components and instrumentation.

Section 172(c)(1) and 182 of the CAA require ozone nonattainment areas that
are classified as moderate and above for ozone nonattainment to adopt Reasonably Available Control Technology (RACT) requirement for sources that are subject to Control Technique Guidelines (CTGs) issued by EPA and for ‘‘major sources’’ of VOCs and nitrogen oxides (NO X). Major sources are defined as the following for
each affected nonattainment area: In areas classified as moderate, those sources that the potential to emit at least 100 tons per year (tpy) of VOCs or NOX ; for areas classified as serious, those that have the potential to emit 50 tpy of

VOCs or NOX ; and in areas classified as severe, those sources that have the potential to emit at least 25 tons per year of VOCs or NO X . See Section 182(c) of the CAA. The Dallas-Fort Worth (DFW) ozone nonattainment area for the
1997 8-hour ozone standard consists of Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall and Tarrant
Counties. The DFW area was
reclassified as serious ozone
nonattainment for the 1997 8-hour ozone standard (75 FR 79302, December20, 2010). The Houston-GalvestonBrazoria (HGB) ozone nonattainment
area for the 1997 8-hour ozone standard consists of Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery and Waller counties. The
HGB area was classified as a severe
ozone nonattainment area for the 1997 8-hour ozone NAAQS (73 FR 56983, October 1, 2008). The Beaumont Port Arthur (BPA) area of the 1997 8-hour ozone standard consists of Hardin, Jefferson, and Orange Counties.

The fugitive emission LDAR rules in 30 TAC Chapter 115 (denoted as 30 TAC 115), referenced above, fall under two general categories, and are incorporated into the SIP: 1) 30 TAC 115, Subchapter D, Divisions 2 and 3 cover general VOC fugitive emission LDAR rules and were adopted to satisfy reasonably available control technology (RACT) requirements of the CAA (see 73 FR 10383, March 28, 2008 for Division 2 and 73 FR 40972, September 15, 2008 for Division 3); and 2) the highly-reactive volatile organic compounds (HRVOC) fugitive emission LDAR rules, in 30 TAC 115, Subchapter H, Division 3 were adopted as part of
the HGB attainment demonstration for the one-hour ozone NAAQS (see 71 FR 52655, December 6, 2006). The revision incorporates the voluntary alternative work practice for both categories
consistent with the alternative work practice adopted by the EPA on December 22, 2008 (73 FR 78199). For the first category, Subchapter D, Division 2 applies to petroleum refineries in Gregg, Nueces, and Victoria counties and 30 TAC Chapter 115, Subchapter D, Division 3 applies to the following facility types in the BPA, DFW, El Paso, and HGB areas as defined in 30 TAC 115.10: petroleum refineries; synthetic organic chemical, polymer, resin, or methyl-tert-butyl ether manufacturing processes; or natural gas/ gasoline processing operations. For the second category, 30 TAC 115, Subchapter H, Division 3 applies to the following facility types in the HGB area
as defined in 30 TAC 115.10 that have HRVOC as raw material, intermediate, final product, or in a waste stream: petroleum refineries; synthetic organicchemical, polymer, resin, or methyl-tertbutyl ether manufacturing processes; or natural gas/gasoline processing operations.

The SIP revision submitted by Texas is provided in the docket for this rulemaking.

C. What criteria must be met for EPA to approve this SIP revision?

The primary CAA requirements pertaining to the SIP revision submitted by Texas are found in CAA sections 110(l) and 182(b)(2). CAA section 110(l) requires that a SIP revision submitted to EPA be adopted after reasonable notice and public hearing. Section 110(l) also requires that we not approve a SIP
revision if the revision would interfere with any applicable requirement concerning attainment and reasonable further progress, or any other applicable requirement of the CAA. CAA section 182(b)(2) requires that ozone
nonattainment areas classified as moderate or above implement RACT controls on all major VOC and NOX emission sources and on all sources and source categories covered by a control technique guideline (CTG) issued by
EPA. RACT is defined as the lowest emissions limitation that a particular source is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility (44 FR 53762, September 17, 1979). The CTG and Alternative Control Technique (ACT) documents that we issue provide states with guidance concerning what types of controls could constitute RACT for a given source category. The documents we have issued pertaining to fugitive emissions from equipment leaks are (1) Control of Volatile Organic Compound Leaks from Petroleum Refinery Equipment (EPA–450/2–78– 036, June 1978), (2) Control of Volatile Organic Compound Equipment Leaks from Natural Gas/Gasoline Processing Plants (EPA–450/3–83–007, December 1983), and (3) Control of Volatile Organic Compound Leaks from Synthetic Organic Chemical and Polymer Manufacturing Equipment EPA–450/3–83–006, March 1984). These
documents are accessible online at www.epa.gov/airquality/ozonepollution/ SIPToolkit/ctgs.html. Because the DFW
area was classified as a serious ozone
nonattainment area for the 1997 8-hour ozone standard, a major source is a source having the potential to emit 50 tpy of VOC or more (CAA § 182(c)).
Because the HGB area is classified as a
severe ozone nonattainment area for the 1-hour ozone standard, a major source is a source having the potential to emit 25 tpy of VOC or more (CAA § 182(d)).


### 10354 Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations

1 The TSD is in the docket for this rulemaking. II. EPA’s Evaluation

The alternative work practice is a voluntary alternative to hydrocarbon analyzers required by EPA Method 21 (See the technical support document (TSD) for more detail) 1 to detect volatile organic compound leaks from equipment such as valves, pumps, connectors, compressors, pressure relief valves, etc. While EPA demonstrated that the use of optical gas imaging in the alternative work practice is equivalent to using a hydrocarbon analyzer in EPA Method 21, the optical gas imaging technology available today is generally not capable of measuring concentration and has a higher detection limit than the hydrocarbon analyzers. Therefore, the methods are not interchangeable and therefore the alternative work practice cannot simply be included as an
alternate method. The fundamental premise behind EPA’s rule in allowing the alternative work practice is that more frequent monitoring with the optical gas imaging device will detect larger leaks sooner resulting in a more expedient repair of the leaks. While smaller leaks may not be detected using the optical gas imaging device, the overall control level under the optical gas imaging alternative work practice is considered equivalent, or in some cases superior to, the traditional LDAR work practice using Method 21. This makes the alternative work practice more
similar to an alternate means of control
rather than an alternative test method. EPA’s rationale in approving the alternate work practice is further discussed in the December 22, 2008 Federal Register (73 FR 78199). While EPA adopted the use of the alternative work practice for numerous federal LDAR rules, many facilities will not be
able to make use of the alternative work practice until the fugitive emission
LDAR rules are revised in the Texas SIP. Additionally, the proposed SIP revision does not change the New Source Review (NSR) permit requirements, and therefore sources choosing to implement the alternative work practice will need to change the facility’s permit LDAR requirements through the SIP-approved NSR permit amendment process.

In its adopted rule, TCEQ made several substantive changes that were not required by the federal alternative work practice in 40 CFR part 60.18. These additional requirements were added by TCEQ to ensure that personnel using optical gas imaging instruments have adequate training and to address quality assurance and enforcement
concerns with the federal alternative work practice in 40 CFR part 60.18. These changes include:

• Each person operating an optical gas imaging instrument for the purposes of the alternative work practice will be required to conduct the daily instrument check. [30 TAC 115.358(c)(2)]

• Owners or operators electing to use the alternative work practice will be required to submit notification to the appropriate TCEQ regional office at least 30 days prior to implementation. [30 TAC 115.358(g)]

• Operator training will be required for personnel performing the alternative work practice. [30 TAC 115.358(h)]

• A specific subset of components ( e.g. , blind flanges, heat exchanger heads, sight glasses, etc.) subject to 30 TAC 115.781(b)(3) may be sampled at alternate frequencies for the annual Method 21 test required under the alternative work practice if the components are not subject to a federal LDAR Method 21 requirement under 40 CFR parts 60, 61, 63, or 65 [30 TAC 115.781(h)(6)].

TCEQ also added provisions to the federal alternative work practice specifically to ensure there would be no backsliding for the HRVOC fugitive emission LDAR rules in 30 TAC 115, Subchapter H, Division 3. Those changes include:

• For leaks greater than 10,000 part per million by volume (ppmv), rapid repair times are required under 30 TAC 115.782(b) and extraordinary efforts
must be undertaken within a shorter time period to qualify for delay of repair under 30 TAC 115.782(c). The rulemaking will require any leak detected using the alternative work practice to meet the more stringent repair time limits of 30 TAC 115.782(b) and (c) unless a Method 21 test is done to demonstrate that the leak is 10,000 ppmv or less.

• The rule will retain the third-party audit requirements of 30 TAC 115.788; however, an alternative audit procedure will be required if the company is using the alternative work practice.

• Consistent with EPA guidance, Protocol for Equipment Leak Emission Estimates, EPA–453/R–95–017, November 1995, 30 TAC 115.782(c) requires companies to use EPA correlation equations for calculating emissions. For leaks detected using the alternative work practice, a company will be required to use the 100,000 ppmv pegged emission rates from the same section of the EPA guidance document currently referenced in the rule at 30 TAC 115.782(c)(1)(i)(II).

The SIP revision is approvable as it is
consistent with the EPA federal LDAR rule that provides an alternative to required monitoring for fugitive components to ensure facilities identify and repair leaking equipment in a timely and effective manner to reduce fugitive air emissions. In addition theSIP revision improves upon the SIPapproved rules in that it provides for this voluntary alternative method for the detection of fugitive emissions from leaking components, as detailed in our TSD. Approval of this SIP revision would not interfere with any applicable requirement concerning attainment and reasonable further progress or any other applicable requirement of the CAA. Lastly, EPA’s review indicates that the Texas AWP provisions are as stringent as or more stringent than the federal AWP and provide no relaxation of the
state’s rules for leak detection and repair.

III. Final Action

We are taking direct final action to approve revisions to the Texas SIP that pertain to the control of air pollution
from VOCs alternative LDAR work practice, adopted by the TCEQ on June 2, 2010, and submitted to the EPA on July 2, 2010. EPA is approving these
revisions in accordance with sections 110, 173 and 182 of the CAA and consistent with EPA’s guidance and regulations.

EPA is publishing this rule without prior proposal because we view this as
a non-controversial 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
SIP revision if relevant adverse
comments are received. This rule will be effective on April 27, 2015 without
further notice unless we receive relevant adverse comment by March 30, 2015. If we receive relevant adverse comments, we will publish a timely withdrawal in
the Federal Register informing the public that the rule will not take effect. We will address all public comments in a subsequent final rule based on the proposed rule. We will not institute a second comment period on this action. Any parties interested in commenting
must do so now. Please note that if we
receive relevant adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, we may adopt as final those provisions of the rule that are not the subject of an
adverse comment.


### 10355 Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations

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 Act 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 as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose
substantial direct costs on tribal governments or preempt tribal law.

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 rule 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 27, 2015. Filing a petition for reconsideration by the
Administrator of this final rule does not affect the finality of this rule 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. 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, Alternative work practice, Incorporation by reference, Leak detection and repair, Optical gas imaging, Reporting and recordkeeping requirements, Volatile organic compounds.

Dated: February 9, 2015.
Ron Curry, Regional Administrator, Region 6.

40 CFR part 52 is amended as follows:

**PART 52—APPROVAL AND**
**PROMULGATION OF**
**IMPLEMENTATION PLANS**

■ 1. The authority citation for part 52
continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

**Subpart SS—Texas**

■ 2. In § 52.2270 (c), the table titled ‘‘EPA Approved Regulations in the Texas SIP’’ is amended by:

■ a. Revising the entries for sections 115.322 through 115.326, 115.352 through 115.357, 115.781, 115.782, and 115.786 through 115.788; and

■ b. Adding in sequential order entries
for sections 115.358 and 115.784.

The revisions and additions read as
follows:

**§ 52.2270 Identification of plan.**

* * * * *

(c) * * *



### EPA A PPROVED 

### R EGULATIONS IN THE 

### T EXAS 

### SIP

State citation Title/subject State approval/ submittal

date EPA approval date Explanation

*******

**Chapter 115 (Reg 5)—Control of Air Pollution From Volatile Organic Compounds**

*******

**Subchapter D—Petroleum Refining, Natural Gas Processing, and Petrochemical Processes**


### 10356 Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations

EPA A PPROVED 

### R EGULATIONS IN THE 

### T EXAS 

### SIP—Continued

State citation Title/subject State approval/ submittal

date EPA approval date Explanation

*******

**Division 2: Fugitive Emission Control in Petroleum Refineries in Gregg, Nueces, and Victoria Counties**

Section 115.322 ................ Control Requirements ................................ 6/2/2010 2/26/2015 [Insert Federal Register citation]. Section 115.323 ................ Alternate Control Requirements ................. 6/2/2010 2/26/2015 [Insert Federal Register citation]. Section 115.324 ................ Inspection Requirements ........................... 6/2/2010 2/26/2015 [Insert Federal Register citation]. Section 115.325 ................ Testing Requirements ................................ 6/2/2010 2/26/2015 [Insert Federal Register citation]. Section 115.326 ................ Recordkeeping Requirements .................... 6/2/2010 2/26/2015 [Insert Federal Register citation].

* * * * * * *

**Division 3: Fugitive Emission Control in Petroleum Refining, Natural Gas/Gasoline Processing, and Petrochemical Processes in Oz one**  **Nonattainment Areas**

Section 115.352 ................ Control Requirements ................................ 6/2/2010 2/26/2015 [Insert Federal Register citation]. Section 115.353 ................ Alternate Control Requirements ................. 6/2/2010 2/26/2015 [Insert Federal Register citation]. Section 115.354 ................ Monitoring and Inspection Requirements .. 6/2/2010 2/26/2015 [Insert Federal Register citation]. Section 115.355 ................ Approved Test Methods ............................. 6/2/2010 2/26/2015 [Insert Federal Register citation]. Section 115.356 ................ Recordkeeping Requirements .................... 6/2/2010 2/26/2015 [Insert Federal Register citation]. Section 115. 357 ............... Exemptions ................................................. 6/2/2010 2/26/2015 [Insert Federal Register citation]. Section 115.358 ................ Alternative Work Practice ........................... 6/2/2010 2/26/2015 [Insert Federal Register citation].

* * * * * * *

**Subchapter H—Highly-Reactive Volatile Organic Compounds**

*******

**Division 3: Fugitive Emissions**

*******Section 115.781 ................ General Monitoring and Inspection Requirements. 6/2/2010 2/26/2015 [Insert Federal Register citation]. Section 115.782 ................ Procedures and Schedule for Leak Repair and Follow-up. 6/2/2010 2/26/2015 [Insert Federal Register citation].

* * * * * * * Section 115.784 ................ Alternate Control Requirements ................. 6/2/2010 2/26/2015 [Insert Federal Register citation]. Section 115.786 ................ Recordkeeping Requirements .................... 6/2/2010 2/26/2015 [Insert Federal Register citation]. Section 115.787 ................ Exemptions ................................................. 6/2/2010 2/26/2015 [Insert Federal Register citation]. Section 115.788 ................ Audit Provisions ......................................... 6/2/2010 2/26/2015 [Insert Federal Register citation].

* * * * * * *


### 10357 Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations

* * * * *

[FR Doc. 2015–03588 Filed 2–25–15; 8:45 am]

**BILLING CODE 6560–50–P**

**ENVIRONMENTAL PROTECTION**
**AGENCY**

**40 CFR Part 62**

**[EPA–R05–OAR–2009–0554; FRL–9923–35– Region 5]** 

**Approval of Other Solid Waste**
**Incineration Units State Plan for Designated Facilities and Pollutants:** 
**Indiana**

**AGENCY :**  Environmental Protection Agency.

**ACTION :**  Direct final rule.

**SUMMARY :**  The Environmental Protection Agency (EPA) is approving Indiana’s State Plan to control air pollutants from
‘‘Other Solid Waste Incineration’’ (OSWI) units. The Indiana Department of Environmental Management (IDEM)
submitted the State Plan to EPA on November 27, 2007. The State Plan is
consistent with Emission Guidelines (EG) promulgated by EPA on December 16, 2005. This approval means that EPA
finds that the State Plan meets applicable Clean Air Act (Act) requirements for OSWI units for which
construction commenced on or before December 4, 2004. Once effective, this approval also makes the State Plan Federally enforceable.

**DATES :**  This direct final rule will be effective April 27, 2015, unless EPA receives adverse comments by March 30, 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–2009–0554, by one of the following methods:

1. www.regulations.gov: Follow the on-line instructions for submitting

comments.

2. Email: nash.carlton@epa.gov.

3. Fax: (312) 692–2543.

4. Mail: Carlton T. Nash, Chief, Integrated Air Toxics Section, Air Toxics and Assessment Branch (AT– 18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.

5. Hand Delivery: Carlton T. Nash, Chief, Integrated Air Toxics Section, Air Toxics and Assessment Branch (AT– 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–2009– 0554. 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 legal holidays. We recommend that you telephone Margaret Sieffert, Environmental Engineer, at (312) 353– 1151 before visiting the Region 5 office. **FOR FURTHER INFORMATION CONTACT :**  Margaret Sieffert, Environmental Engineer, U.S. Environmental Protection Agency, Region 5, 77 West Jackson Boulevard (AT–18J), Chicago, Illinois 60604, (312) 353–1151, sieffert.margaret@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. Background II. What does the state plan contain? III. Does the state plan meet the EPA requirements? IV. What action is EPA taking? V. Statutory and Executive Order Reviews
I. Background

On December 16, 2005, in accordance with sections 111 and 129 of the Act, EPA promulgated OSWI EGs and compliance schedules for the control of emissions from existing OSWI units. See 70 FR 74870. EPA codified these regulations at 40 CFR part 60, subpart FFFF. They include a model rule at 40 CFR 60.3000 through 60.3078. ‘‘OSWI units’’ are very small municipal waste
combustors and institutional waste

incinerators. See 40 CFR 60.3078.

Under section 111(d) of the Act, EPA is required to develop regulations for existing sources of noncriteria pollutants (i.e. , a pollutant for which there is no national ambient air quality standard) whenever EPA promulgates a
standard for a new source. These would include OSWI units. Section 111(d) plans are subject to EPA review and approval.

Under section 129(b)(2) of the Act and the regulations at Subpart FFFF, states
with OSWI units must submit to EPA plans that implement the EGs. The plans must be at least as protective as the EGs, which are not Federally enforceable until EPA approves a State Plan (or promulgates a Federal Plan for implementation and enforcement).

40 CFR part 60, subpart B contains general provisions applicable to the adoption and submittal of State Plans for subject facilities under section 111(d), which would include OSWI units. On November 27, 2007, Indiana
submitted its OSWI State Plan to EPA. This submission followed public hearings for preliminary adoption of the State Plan on December 6, 2006 and for final adoption on February 7, 2007. The State adopted the final Plan on February 7, 2007, and became effective on August 9, 2007. The Plan includes State rule 326 IAC 11–9, which establishes emission standards for existing OSWI. EPA was sued and subsequently State Plan submittals were put on hold. See