### 50579 Federal Register / Vol. 80, No. 161 / Thursday, August 20, 2015 / Rules and Regulations

does not create an environmental risk to health or risk to safety that may disproportionately affect children.

11. Indian Tribal Governments

This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.
12. Energy Effects

This action is not a ‘‘significant energy action’’ under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards.

14. Environment

We have analyzed this rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves the establishment of a safety zone and, therefore it is categorically excluded from further review under paragraph 34(g) of Figure 2–1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under

**ADDRESSES** . We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule.
List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways.

For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: **PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS** 

■ 1. The authority citation for part 165 continues to read as follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

■ 2. Add § 165.T09–0716 to read as follows:

**§ 165.T09–0716 Safety Zone; Whiskey Island Paddleboard Festival and Race; Lake**  **Erie, Cleveland, OH.**

(a) Location. This zone will encompass all waters of Lake Erie; Cleveland Harbor, Cleveland, OH within the following positions: 41 ° 29 ′ 59.5 ′′ N and 081 ° 42 ′ 59.3 ′′ W, then East to

41 ° 30 ′4.4 ′′ N and 081 ° 42 ′44.5 ′′ W, then North to 41 ° 30 ′ 17.3 ′′ N and 081 ° 43 ′0.6 ′′ W, then Southwest to 41 ° 30 ′9.4 ′′ N and
081 ° 43 ′ 2.0′′ W, then East to 41 ° 29 ′ 54.9′′ N and 081 ° 43 ′ 34.4 ′′ W, then Southeast returning to the point of origin (NAD 83).

(b) Enforcement Period. This regulation will be enforced on August 22, 2015 from 6:45 a.m. until 12:15 p.m.

(c) Regulations. (1) In accordance with the general regulations in § 165.23 of this part, entry into, transiting, or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port Buffalo or his designated on-scene representative.

(2) This safety zone is closed to all vessel traffic, except as may be permitted by the Captain of the Port Buffalo or his designated on-scene representative.

(3) The ‘‘on-scene representative’’ of the Captain of the Port Buffalo is any Coast Guard commissioned, warrant or petty officer who has been designated by the Captain of the Port Buffalo to act on his behalf.

(4) Vessel operators desiring to enter or operate within the safety zone must contact the Captain of the Port Buffalo or his on-scene representative to obtain permission to do so. The Captain of the Port Buffalo or his on-scene representative may be contacted via VHF Channel 16. Vessel operators given permission to enter or operate in the safety zone must comply with all directions given to them by the Captain of the Port Buffalo, or his on-scene representative.

Dated: August 7, 2015. B.W. Roche, Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2015–20610 Filed 8–19–15; 8:45 am]

**BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION**  **AGENCY**

**40 CFR Part 52**

**[EPA–R05–OAR–2014–0660; FRL–9932–18– Region 5]** 

**Air Plan Approval; Indiana; Alcoa BART** 

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

**ACTION :**  Direct final rule.

**SUMMARY :**  The Environmental Protection Agency (EPA) is approving a revision to the Alcoa Best Available Retrofit Technology (BART) averaging time for nitrogen oxides (NO X) in the Indiana State Implementation Plan (SIP). On July 23, 2014, the Indiana Department of Environmental Management (IDEM) submitted to EPA a revision to the daily NO X emissions limits, changing from a rolling 24-hour average to a 24-hour daily average. IDEM provided a statistical analysis showing that no significant increase in emissions will occur as a result of this change. EPA is approving this SIP revision because it will not interfere with attainment or maintenance of the National Ambient Air Quality Standard (NAAQS).

**DATES :**  This direct final rule is effective October 19, 2015, unless EPA receives adverse comments by September 21, 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–2014–0660, 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.


### 50580 Federal Register / Vol. 80, No. 161 / Thursday, August 20, 2015 / Rules and Regulations

1 EPA finalized a limited approval of revisions to the Indiana State Implementation Plan (SIP) submitted by the Indiana Department of Environmental Management (IDEM) on January 14, 2011, and March 10, 2011, addressing regional haze for the first implementation period that ends 2018. This action was in accordance with the requirements of the Clean Air Act (CAA) and EPA’s rules for states to prevent and remedy future and existing anthropogenic impairment of visibility in mandatory Class I areas through a regional haze program. As part of this action, EPA approved limits for the Alcoa facility that EPA finds satisfy the requirements for best available retrofit technology (BART). Instructions: Direct your comments to Docket ID No. EPA–R05–OAR–2014– 0660. 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 Federal holidays. We recommend that you telephone Carolyn Persoon, Environmental Engineer, at (312) 353–8290, before visiting the Region 5 office.

**FOR FURTHER INFORMATION CONTACT :**  Carolyn Persoon, Environmental Engineer, Control Strategies Section, Air Programs Branch (AR–18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353–8290, persoon.carolyn@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. Alternate Averaging Calculation II. What action is EPA taking? III. Incorporation by Reference IV. Statutory and Executive Order Reviews I. Alternate Averaging Calculation Background for Alcoa BART NO X Emission Limits and Calculations

On June 11, 2012, EPA approved BART NO X emission limits and compliance requirements for Alcoa into the Indiana SIP to meet Regional Haze requirements (77 FR 34218). 1 The rule, 326 IAC 26–2–2, sets emission limits, which include averaging times, for Alcoa’s Warrick Power Station located in Newburgh, Indiana.

For the original Regional Haze SIP, IDEM submitted an engineering analysis for the rulemaking that included recommended BART limits for particulate matter (PM), sulfur dioxide (SO 2) and NO X . For Alcoa’s Warrick Plant Boilers 2 and 3, the averaging time for the NO X limit was a 24-hour rolling average. IDEM revised the rule 326 IAC 26–2–2 on March 12, 2014, with an effective date of June 29, 2014 to change the NO X averaging time for Boilers 2 and 3 to be 24-hour daily averages rather than 24-hour rolling averages, in order to be consistent with other pollutant averaging times.

On March 12, 2014, the Indiana Environmental Rules Board approved these rule changes in accordance with the provisions of Title 13 of the Indiana Code. On November 20, 2013, IDEM provided a public notice and comment on the SIP revision in the Indiana Register. There were no requests for a public hearing, and no public comments were received. Analysis of Revision

EPA’s approval is based on whether the rule revision meets the requirements of section 110(l) of the Clean Air Act (CAA), 42 U.S.C. 4202(l). In particular, EPA considered whether the changes made to the compliance averaging times for Boilers 2 and 3 would allow for higher overall emissions of NO X on an hourly basis while still meeting the emission limits. IDEM submitted to EPA a supplemental analysis showing the maximum difference between the two calculation methods.

IDEM’s analysis compared the two averaging times using the Warrick Plant continuous emissions monitor (CEM) data for NO X from August 2013, the month with the highest NO X emissions. This data and analysis can be found in the docket. Using this data, IDEM calculated both 24-hour rolling and 24- hour daily averages for the NO X emissions, and then calculated the difference between each 24-hour period. The maximum calculated difference in emissions between the two methods was 0.01 pounds per million BTU (lbs/ mmBTU), which EPA determined not to be statistically significant using a paired t-test analysis. EPA also evaluated air quality monitoring data for nitrogen dioxide (NO 2), as well as fine particulate (PM 2.5 ) and ozone, since NO X is a precursor for both. Current design values (2012–2014) for the NO 2 1-hour standard (100 ppb), ozone (75 ppb) and PM 2.5 standards (12 mg/m 3 for the annual and 35 mg/m 3 for the 24-hour standard) for the area all show attainment of the standards at 35 ppb, 72 ppb, and 10.9 and 25 mg/m 3

, respectively. See EPA’s Web site on design values at http://www.epa.gov/ airtrends/values.html. EPA has determined that the area will maintain the standards because ambient levels are currently below the NAAQS and continue to decline. A potential emissions increase of 0.01 lbs/mmBTU is not likely to cause a violation of the NAAQS, therefore noninterference has been demonstrated.

The Indiana SIP revision is therefore approvable because the revision meets the requirements under 110(l), given that the area is attaining all applicable NAAQS, and that the revision will not impact the ability to maintain the NAAQS. II. What action is EPA taking?

EPA is approving a revision to the Alcoa BART averaging times for the Warrick Plant Boilers 2 and 3 (326 lAC 26–2–2(2)(C)(i)), from 24-hour rolling average to 24-hour daily average. EPA’s review and analysis has determined the revision will not interfere with attainment or maintenance of the NAAQS, as prescribed by section 110(l) of the CAA.


### 50581 Federal Register / Vol. 80, No. 161 / Thursday, August 20, 2015 / Rules and Regulations

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 amendment if relevant adverse written comments are filed. This rule will be effective October 19, 2015 without further notice unless we receive relevant adverse written comments by September 21, 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. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. If we do not receive any comments, this action will be effective October 19, 2015. III. 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. 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). 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 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. 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 theFederal 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 October 19, 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, Incorporation by reference, Intergovernmental relations, Particulate matter, Reporting and recordkeeping requirements.

Dated: August 3, 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. In § 52.770 the table in paragraph (c) is amended under ‘‘Article 26. Regional Haze’’, ‘‘Rule 2. Best Available Retrofit Technology Emission Limitations’’ by revising the entry for 26–2–2 ‘‘Alcoa emission limitations and compliance methods’’ to read as follows:

**§ 52.770 Identification of plan.**
* * * * *

(c) * * *


### 50582 Federal Register / Vol. 80, No. 161 / Thursday, August 20, 2015 / Rules and Regulations

EPA-A PPROVED 

### I NDIANA 

### R EGULATIONS

Indiana citation Subject Indiana effective

date EPA Approval date Notes

*******

**Article 26. Regional Haze**

Rule 2. Best Available Retrofit Technology Emission Limitations

*******26–2–2 ............... Alcoa emission limitations and compliance methods. 6/29/2014 8/20/2015, [Insert **Federal Register** citation].

*******

* * * * * [FR Doc. 2015–20528 Filed 8–19–15; 8:45 am]

**BILLING CODE 6560–50–P**

**ENVIRONMENTAL PROTECTION AGENCY** 

**40 CFR Part 52**

**[EPA–R08–OAR–2010–0304, FRL 9932–53– Region 8]** 

**Approval and Promulgation of Air Quality Implementation Plans;**  **Montana; Revisions to the Administrative Rules of Montana;**  **Correction**

**AGENCY :**  Environmental Protection Agency.

**ACTION :**  Final rule; correction.

**SUMMARY :**  The Environmental Protection Agency (EPA) is approving State Implementation Plan (SIP) revisions submitted by the State of Montana on March 17, 2010, August 1, 2011, November 22, 2011, and September 19, 2014. The revisions are to the Administrative Rules of Montana (ARM) and include minor editorial and grammatical changes, updates to citations and references to federal and state laws and regulations, revisions to open burning rules, changes to the process for appealing air quality permits, and providing a process for revocation of air quality permits when owners cannot be found by mail. Also in this action, EPA is correcting final rules pertaining to Montana’s SIP. On January 29, 2010, EPA took direct final action to approve SIP revisions as submitted by the State of Montana on January 16, 2009 and May 4, 2009. EPA subsequently discovered an error in our January 29, 2010 direct final action related to ‘‘incorporation by reference’’ (IBR) materials and the associated regulatory text numbering. EPA is correcting this error with today’s action. Finally, EPA is updating the Montana nonregulatory provisions table to add carbon monoxide maintenance plans for Billings, Montana, and Great Falls, Montana approved by EPA on March 30, 2015 and April 1, 2015, respectively. This action is being taken under section 110 of the Clean Air Act (CAA).

**DATES :**  This rule is effective on September 21, 2015.

**ADDRESSES :**  EPA has established a docket for this action under Docket ID No. EPA–R08–OAR–2010–0304. 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,
e.g., 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 electronically through www.regulations.gov or in hard copy at the Air Program, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street, Denver, Colorado 80202–1129. EPA requests that if at all possible, you contact the individual listed in the **FOR FURTHER INFORMATION**
**CONTACT** section to view the hard copy of the docket. You may view the hard copy of the docket Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding federal holidays.

**FOR FURTHER INFORMATION CONTACT :**  Abby Fulton, Air Program, U.S. Environmental Protection Agency (EPA), Region 8, Mail Code 8P–AR, 1595 Wynkoop Street, Denver, Colorado 80202–1129, 303–312–6563, fulton.abby@epa.gov. I. Background

The State of Montana submitted SIP revisions containing amendments to IBR current federal regulations and other material into air quality rules of the ARM. The notice of proposed rulemaking (NPR) published on June 1, 2015 (80 FR 30984) proposed approval of Montana’s submissions with respect to the following: Grammatical changes made to ARM 17.8.102(1), and all revisions of 17.8.802(1)(c) and 17.8.822(9) from the March 17, 2010 submittal; revisions to ARM 17.8.604(1)(a), 17.8.610(2), 17.8.612(10) and (11), 17.8.613(8) and (9), 17.8.614(8) and (9), 17.8.615(6) and (7), and 17.8.763(3) from the November 22, 2011 submission; citations and references to federal law and State rules superseding and replacing all previous versions of ARM 17.8.102(1)(a), 17.8.102(1)(b), and 17.8.102(1)(c) from the September 19, 2014 submittal; and language added to ARM 17.8.102(3) and 17.8.102(4)(a) through (d) from the September 19, 2014 submittal. The reasons for our approval are provided in detail in the NPR.

For reasons explained in the NPR, EPA also provided notice that language in ARM 17.8.102 with a State effective date of October 26, 2007 was in effect between January 16, 2010 and publication of our proposed notice on June 1, 2015. Finally, for reasons explained in our NPR, EPA proposed to correct erroneous amendatory instructions published in the Federal Register on January 29, 2010 (75 FR 4698).
II. Response to Comments

No comments were received on our June 1, 2015 NPR.

III. Final Action

EPA is approving grammatical changes made to ARM 17.8.102(1), and all revisions of 17.8.802(1)(c) and 17.8.822(9) from the March 17, 2010 submittal. We are approving the November 22, 2011 submittal’s revisions