Federal Register / Vol. 80, No. 176 / Friday, September 11, 2015 / Rules and Regulations 54723 

system, separate service upon the 

opposing party is not required. 

Otherwise, documents shall be served 

personally or by mail on the opposing 

party, noting on the document filed, or 

on the transmitting letter, that a copy 

has been so furnished. 

* * * * * 

PART 966—RULES OF PRACTICE IN 

PROCEEDINGS RELATIVE TO 

ADMINISTRATIVE OFFSETS INITIATED 

AGAINST FORMER EMPLOYEES OF 

THE POSTAL SERVICE 

■ 4. The authority citation for 39 CFR 

part 966 continues to read as follows: 

Authority: 31 U.S.C. 3716; 39 U.S.C. 204, 

401, 2601. 

■ 5. In § 966.4, revise paragraph (c), and 

add a sentence at the beginning of 

paragraph (d) introductory text to read 

as follows: 

§ 966.4 Petition for a hearing and 

supplement to petition. 

* * * * * 

(c) Within thirty (30) calendar days 

after the date of receipt of the 

Accounting Service Center’s decision 

upon reconsideration, after the 

expiration of sixty (60) calendar days 

after a request for reconsideration where 

a reconsideration determination is not 

made, or following an administrative 

offset taken without prior notice and 

opportunity for reconsideration 

pursuant to paragraph (b)(1) of this 

section, the former employee must file 

a written petition electronically at 

https://uspsjoe.justware.com/justiceweb, 

or by mail at Recorder, Judicial Officer 

Department, United States Postal 

Service, 2101 Wilson Blvd., Suite 600, 

Arlington, VA 22201–3078. 

(d) A sample petition is available 

through the Judicial Officer Electronic 

Filing Web site (https://

uspsjoe.justware.com/justiceweb).* * * 

* * * * * 

■ 6. In § 966.6, revise paragraph (a) to 

read as follows: 

§ 966.6 Filing, docketing, and serving 

documents; computation of time; 

representation of parties. 

(a) Filing. After a petition is filed, all 

documents required under this part 

must be filed using the electronic filing 

system unless the Hearing Official 

permits otherwise. Documents 

submitted using the electronic filing 

system are considered filed as of the 

date/time (Eastern Time) reflected in the 

system. Documents mailed to the 

Recorder are considered filed on the 

date mailed as evidenced by a United 

States Postal Service postmark. Filings 

by any other means are considered filed 

upon receipt by the Recorder of a 

complete copy of the filing during 

normal business hours (Normal 

Recorder office business hours are 

between 8:45 a.m. and 4:45 p.m., 

Eastern Time). If both parties are 

participating via the electronic filing 

system, separate service upon the 

opposing party is not required. 

Otherwise, documents shall be served 

personally or by mail on the opposing 

party, noting on the document filed, or 

on the transmitting letter, that a copy 

has been so furnished. 

* * * * * 

Stanley F. Mires, 

Attorney, Federal Compliance. 

[FR Doc. 2015–22881 Filed 9–10–15; 8:45 am] 

BILLING CODE 7710–12–P 

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. 

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: blakley.pamela@epa.gov. 

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 


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54724 Federal Register / Vol. 80, No. 176 / Friday, September 11, 2015 / Rules and Regulations 

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, 

hatten.charles@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. 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 backup 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 


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Federal Register / Vol. 80, No. 176 / Friday, September 11, 2015 / Rules and Regulations 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 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

■ 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: 

§ 52.770 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED INDIANA REGULATIONS

Indiana 

citation Subject Indiana effective date EPA Approval date Notes 

*******

Article 7. Sulfur Dioxide Rules 

*******

Rule 4.1 Lake County Sulfur Dioxide Emission Limitations 

*******

7–4.1–21 ........................... Walsh and Kelly sulfur dioxide emission limitations .. 5/29/2015 9/11/2015, [insert Federal 

Register citation].

* * * * * * * 

* * * * * 

[FR Doc. 2015–22716 Filed 9–10–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2014–0704; FRL–9933–62– 

Region 5] 

Air Plan Approval; Wisconsin; 

Infrastructure SIP Requirements for 

the 2008 Ozone, 2010 NO2, and 2010 

SO2 NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve some elements of state 

implementation plan (SIP) submissions 

from Wisconsin regarding the 

infrastructure requirements of section 

110 of the Clean Air Act (CAA) for the 

2008 ozone, 2010 nitrogen dioxide 

(NO2), and 2010 sulfur dioxide (SO2) 

National Ambient Air Quality Standards 

(NAAQS). The infrastructure 

requirements are designed to ensure that 

the structural components of each 

state’s air quality management program 

are adequate to meet the state’s 

responsibilities under the CAA. The 


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