27330 Federal Register / Vol. 81, No. 88 / Friday, May 6, 2016 / Rules and Regulations 

1Sierra Club v. McCarthy, No. 3–13–cv–3953 

(N.D.Cal. March 2, 2015). 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2016–0075; EPA–R05– 

OAR–2016–0090; FRL–9946–08–Region 5] 

Air Plan Approval; Indiana; 

Commissioner’s Orders for A.B. Brown 

and Clifty Creek 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing approval of 

revisions to the Indiana State 

Implementation Plan (SIP) submitted by 

the Indiana Department of 

Environmental Management (IDEM) to 

EPA in parallel process form on January 

27, 2016, and February 5, 2016, and 

final form on March 21, 2016, and 

March 31, 2016. The submittals consist 

of orders issued by the Commissioner of 

IDEM that require more stringent sulfur 

dioxide (SO2) emissions limits than 

those currently contained in the SIP for 

Vectren’s A.B. Brown Generating 

Station (A.B. Brown) and IndianaKentucky Electric Corporation’s Clifty 

Creek Generating Station (Clifty Creek). 

EPA proposed approval of these 

revisions to the Indiana SIP on February 

25, 2016 and received no adverse 

comments. EPA’s approval of these 

revisions makes the Commissioner’s 

orders’ SO2 emissions limits and 

applicable reporting, recordkeeping, and 

compliance demonstration requirements 

federally enforceable. 

DATES: This final rule is effective on 

June 6, 2016. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2016–0075 and 

EPA–R05–OAR–2016–0090. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

i.e., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either through 

www.regulations.gov or 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 Jenny 

Liljegren, Physical Scientist, at (312) 

886–6832 before visiting the Region 5 

office. 

FOR FURTHER INFORMATION CONTACT: 

Jenny Liljegren, Physical Scientist, 

Attainment Planning and Maintenance 

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

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–6832, 

Liljegren.Jennifer@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. Why did IDEM issue these commissioner’s 

orders? 

II. What are the SO2 limits in these 

Commissioner’s orders? 

III. By what criterion is EPA reviewing this 

SIP revision? 

IV. What action is EPA taking? 

V. Incorporation by Reference 

VI. Statutory and Executive Order Reviews 

I. Why did IDEM issue these 

Commissioner’s orders? 

IDEM submitted parallel process 

revision requests to its SIP on January 

27, 2016, and February 5, 2016, for A.B. 

Brown and Clifty Creek, respectively, 

and final revision requests on March 21, 

2016, and March 31, 2016, for Clifty 

Creek and A.B. Brown, respectively. The 

submittals consist of orders issued by 

IDEM’s Commissioner that establish 

more stringent SO2 emissions limits 

than those currently contained in the 

SIP for A.B. Brown and Clifty Creek. 

The orders also contain applicable 

reporting, recordkeeping, and 

compliance demonstration 

requirements. Each order contains a 

requirement to determine compliance 

by the use of a continuous emissions 

monitoring system (CEMS), to maintain 

records adequate to document 

compliance with the SO2 emissions 

limits, to submit to IDEM quarterly 

reports, and to apply to incorporate 

these order requirements, including the 

emissions limits, reporting and 

recordkeeping requirements, and 

methods to determine compliance into 

each facility’s Part 70 operating permit, 

respectively. IDEM established these 

SO2 emissions limits to enable the areas 

near A.B. Brown and Clifty Creek to 

qualify in the future for being 

designated ‘‘attainment’’ of the 2010 

primary SO2 National Ambient Air 

Quality Standard (NAAQS). Under a 

Federal consent decree,1 EPA is 

required to designate, under the 2010 

SO2 NAAQS, certain areas in the United 

States including the areas near A.B. 

Brown and Clifty Creek by July 2, 2016. 

The history of the 2010 SO2 NAAQS 

and the consent decree is explained in 

detail in the February 25, 2016 proposed 

rule (81 FR 9395). 

The purpose of this rulemaking is to 

take action on IDEM’s request to 

approve these Commissioner’s orders 

into the Indiana SIP and thereby make 

them federally enforceable. It is not, 

however, to take action on whether the 

SO2 emissions limits in these 

Commissioner’s orders are adequate for 

EPA to designate attainment of the 2010 

SO2 NAAQS for the areas near A.B. 

Brown and Clifty Creek. EPA intends to 

designate the areas near the sources that 

meet the criteria for the first phase of 

the consent decree designations, 

including the areas near A.B. Brown and 

Clifty Creek, under a separate future 

rulemaking, which was the subject of an 

EPA proposal on March 1, 2016, ‘‘EPA 

Responses to Certain State Designation 

Recommendations for the 2010 Sulfur 

Dioxide National Ambient Air Quality 

Standard: Notice of Availability and 

Public Comment Period’’ (81 FR 10563). 

Indiana requested that EPA ‘‘parallel 

process’’ these SIP revisions to expedite 

action on the Commissioner’s orders. 

Under this procedure, the state 

submitted copies of the draft revision 

requests to EPA on January 27, 2016, 

and February 5, 2016, for A.B. Brown 

and Clifty Creek, respectively, before 

completing its public comment process. 

EPA published a proposed rulemaking 

in the Federal Register (81 FR 9395) and 

solicited public comment in 

approximately the same timeframe 

during which the state solicited public 

comment. Indiana received and 

responded to comments received during 

its public process. EPA received two 

comments. One comment supported the 

proposed Clifty Creek emissions limit. A 

second comment, associated with the 

A.B. Brown order, was not germane to 

our current action. 

Indiana submitted its final SIP 

revision requests to EPA on March 21, 

2016, and March 31, 2016, for Clifty 

Creek and A.B. Brown, respectively. 

There were no changes to the original 

Commissioner’s Orders (2016–01 and 

2016–02). As a result, EPA is proceeding 

with this final rulemaking. 

II. What are the SO2 limits in these 

Commissioner’s orders? 

For A.B. Brown, Indiana issued 

Commissioner’s Order 2016–01 on 

January 11, 2016, with a compliance 

date of April 19, 2016. This order 

established two new limits for A.B. 

Brown: One limit for Unit 1 when 

running alone and one limit for Units 1 


Lhorne on DSK30JT082PROD with RULES
Federal Register / Vol. 81, No. 88 / Friday, May 6, 2016 / Rules and Regulations 27331 

and 2 when running simultaneously. 

The emissions limits are 0.855 lbs of 

SO2 per MMBTU for coal-fired boiler 

Unit 1 operating alone and 0.426 lbs of 

SO2 per MMBTU for Units 1 and 2 

operating simultaneously. These limits 

supplement a limit contained in a 

February 22, 1979, Prevention of 

Significant Deterioration (PSD) permit 

of 0.69 pounds per MMBTU for coalfired boiler Unit 2. 

For Clifty Creek, Indiana issued 

Commissioner’s Order 2016–02 on 

February 1, 2016, with a compliance 

date of April 19, 2016. This order 

established a combined emission limit 

for the six coal-fired boilers (Units No. 

1 through No. 6) located at Clifty Creek 

of 2,624.5 lbs of SO2 per hour as a 720 

operating hour rolling average when any 

of Units No.1 through No. 6, or any 

combination thereof, is operating. 

III. By what criterion is EPA reviewing 

this SIP revision? 

EPA is evaluating these revisions on 

the basis of whether they strengthen 

Indiana’s SIP. Prior to Commissioner’s 

Order 2016–01, A.B. Brown had an SO2

emissions limit in its operating permit 

of 6.0 lbs SO2 per MMBTU for coal-fired 

boiler Unit 1. Prior to Commissioner’s 

Order 2016–02 Clifty Creek had an SO2

emissions limit in its operating permit 

for Units 1 through 6 not to exceed 7.52 

lbs of SO2 per MMBTU on a thirty (30) 

day rolling weighted average. The new 

SO2 emissions limits established by 

IDEM in Commissioner’s Order 2016–01 

and Commissioner’s Order 2016–02 for 

A.B. Brown and Clifty Creek, 

respectively, are substantially more 

stringent than the previous limits and 

will therefore strengthen Indiana’s SIP. 

The adequacy of these limits for 

providing for attainment of the 2010 

primary SO2 NAAQS is not a 

prerequisite for approval of these limits. 

Nevertheless, the purpose of these limits 

is to provide for attainment, and the 

adequacy of these limits for this purpose 

is addressed in a separate rulemaking 

(81 FR 10563). On February 16, 2016, 

EPA wrote a letter to Indiana stating that 

we intended to designate the areas near 

A.B. Brown and Clifty Creek as 

nonattainment in the absence of 

federally enforceable limits. The letter 

also stated that if the limits in the 

Commissioner’s orders (2016–01 and 

2016–02) were made federally 

enforceable, EPA anticipated that we 

would designate suitable portions of 

Posey county and Jefferson county as 

attainment/unclassifiable. EPA solicited 

public comments on this proposal (81 

FR 10563), and EPA intends to make 

final the designation determinations for 

the areas of the country addressed by 

these responses, including the areas 

near A.B. Brown and Clifty Creek, no 

later than July 2, 2016. EPA received 

adverse comments pertaining, among 

other things, to the portion of this 

rulemaking that indicated that the A.B. 

Brown and Clifty Creek proposed limits, 

if made federally enforceable, would 

suffice to justify an attainment/

unclassifiable designation. EPA is 

currently reviewing these and other 

comments received regarding that 

proposal. 

IV. What action is EPA taking? 

EPA is finalizing approval of 

Commissioner’s Order 2016–01 and 

Commissioner’s Order 2016–02 into the 

Indiana SIP. EPA confirms that the SO2

emissions limits in these orders for A.B. 

Brown (Commissioner’s Order 2016–01) 

and Clifty Creek (Commissioner’s Order 

2016–02) are more stringent than the 

current SIP SO2 emissions limits for 

these sources. By approving these 

Commissioner’s orders into the Indiana 

SIP, these SO2 emissions limits and 

applicable reporting, recordkeeping, and 

compliance demonstration requirements 

contained in the orders become 

federally enforceable and strengthen the 

Indiana SIP. 

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 

Administrative Code 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). 

VI. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Clean Air Act (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 


Lhorne on DSK30JT082PROD with RULES
27332 Federal Register / Vol. 81, No. 88 / Friday, May 6, 2016 / Rules and Regulations 

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 July 5, 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. 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, 

Reporting and recordkeeping 

requirements, Sulfur oxides. 

Dated: April 27, 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 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

■ 2. In § 52.770 the table in paragraph 

(d) is amended by adding new entries 

for ‘‘A.B. Brown Generating Station’’ 

and ‘‘Clifty Creek Generating Station’’, 

to read as follows: 

§ 52.770 Identification of plan. 

* * * * * 

(d) * * * 

EPA-APPROVED INDIANA SOURCE-SPECIFIC PROVISIONS

CO date Title SIP rule EPA approval Explanation 

*******

1/11/2016 ............... A.B. Brown Generating Station.N.A. 5/6/16, [insert Federal Register citation].Limitation intended to support attainment designation. 

2/1/2016 ................. Clifty Creek Generating Station.N.A. 5/6/16, [insert Federal Register citation].Limitation intended to support attainment designation. 

* * * * * 

[FR Doc. 2016–10579 Filed 5–5–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2014–0591; FRL–9945–28] 

Methoxyfenozide; Pesticide Tolerances 

for Emergency Exemptions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

time-limited tolerances for residues of 

methoxyfenozide in or on rice, grain 

and rice, bran resulting from use of 

methoxyfenozide in accordance with 

the terms of an emergency exemption 

issued under section 18 of the Federal 

Insecticide, Fungicide, and Rodenticide 

Act (FIFRA). This action is in response 

to the California Department of 

Pesticide Regulation’s issuance of a 

crisis emergency exemption under 

FIFRA section 18 authorizing use of the 

pesticide on rice, bran and rice, grain. 

This time-limited tolerance regulation 

establishes a maximum permissible 

level for residues of methoxyfenozide in 

or on these commodities. These timelimited tolerances expire on December 

31, 2019. 

DATES: This regulation is effective May 

6, 2016. Objections and requests for 

hearings must be received on or before 

July 5, 2016, and must be filed in 

accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2014–0591, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW., Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Susan Lewis, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; main telephone 

number: (703) 305–7090; email address: 

RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of 40 CFR part 180 

through the Government Printing 

Office’s e-CFR site at http://

www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/

40tab_02.tpl. 

C. How can I file an objection or hearing 

request? 

Under section 408(g) of the Federal 

Food, Drug, and Cosmetic Act (FFDCA), 

21 U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 


Lhorne on DSK30JT082PROD with RULES