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

* * * * * 

[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 


rmajette on DSK2VPTVN1PROD with RULES
10358 Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations 

Sierra Club v. EPA, D.C. Cir. Nos. 06– 

1066, 07–1063 On March 17, 2014, EPA 

notified IDEM that it could now process 

the State Plan, but that IDEM needed to 

submit an Attorney General’s Opinion 

regarding the State’s legal authority to 

‘‘Incorporate By Reference’’ the EG’s. 

The AG’s Opinion was sent on 

November 13, 2014. 

II. What does the State Plan contain? 

The State submittal is based on the 

OSWI EGs (§§ 60.2980–60.3078) and 

incorporates by reference significant 

portions of that rule. As prescribed by 

section 129 of the Act and in 40 CFR 

part 60, subparts B and FFFF, the State 

Plan addresses the nine required 

elements in 40 CFR 60.2983 as follows: 

1. An inventory of affected OSWI 

units, including those that have ceased 

operation but have not been dismantled. 

Indiana has provided this. 

2. An inventory of the emissions from 

each of the OSWI units. Indiana has 

provided this. 

3. A compliance schedule for each 

affected incineration unit. Indiana has 

provided a compliance schedule and a 

compliance date of August 9, 2010. 

4. For each affected incineration unit, 

emission limitations, operator training 

and qualification requirements, a waste 

management plan, and operating 

parameter requirements that are at least 

as protective as the emission guidelines 

contained in 40 CFR 60.2983. Indiana 

has accomplished this, through the 

incorporation by reference (IBR) in 326 

IAC 11–9. 

5. Stack testing, recordkeeping, and 

reporting requirements. Indiana has 

accomplished this, through the IBR in 

326 IAC 11–9. 

6. A transcript of the public hearing 

on the State Plan. Indiana has certified 

that such a hearing was held, and that 

there were no comments. 

7. A provision for State progress 

reports to EPA. Indiana has stated that 

it will submit data and information 

using the EPA Aerometric Emissions 

Information Retrieval System. The 

manner and form of reporting will be 

coordinated with EPA, Region 5. 

8. An identification of enforceable 

State mechanisms selected for 

implementing the EGs. Indiana has 

provided a detailed list which identified 

the enforceable mechanisms. 

9. A demonstration of the State’s legal 

authority to carry out sections 111(d) 

and 129 of the Act in its State Plan. 

Indiana has provided a detailed list 

which demonstrated that it has such 

legal authority. This includes the legal 

authority to incorporate by reference 

Federal EG provisions, as confirmed by 

an Indiana Attorney General’s Opinion 

dated November 10, 2014. 

III. Does the State Plan meet the EPA 

requirements? 

EPA has evaluated the OSWI State 

Plan and related information submitted 

by Indiana for consistency with the Act, 

EPA regulations and policy. For the 

reasons discussed above, EPA has 

determined that the State Plan meets all 

applicable requirements and, therefore, 

is approving it. 

IV. What action is EPA taking? 

EPA is approving the State Plan 

which Indiana submitted on November 

27, 2007, for the control of emissions 

from existing OSWI sources in the State. 

EPA is publishing this action without 

prior proposal because the Agency 

views this as a non-controversial action 

and anticipates no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, 

EPA is publishing a separate document 

that will serve as the proposal to 

approve the State Plan in the event 

adverse comments are filed. This rule 

will be effective April 27, 2015 without 

further notice unless we receive relevant 

adverse written comments by March 30, 

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. 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 

April 27, 2015. 

V. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under Executive Orders 12866 (58 FR 

51735, October 4, 1993) and 13563 (76 

FR 3821, January 21, 2011), this action 

is not a ‘‘significant regulatory action’’ 

and therefore is not subject to review by 

the Office of Management and Budget. 

For this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action merely approves 

state law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

state law. Accordingly, the 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). Because this 

rule approves pre-existing requirements 

under state law and does not impose 

any additional enforceable duty beyond 

that required by state law, it does not 

contain any unfunded mandate or 

significantly or uniquely affect small 

governments, as described in the 

Unfunded Mandates Reform Act of 1995 

(Public Law 104–4). This rule 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). This 

action also does not have Federalism 

implications because it does not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action merely 

approves a state rule implementing a 

Federal requirement, and does not alter 

the relationship or the distribution of 

power and responsibilities established 

in the Act. This rule also is not subject 

to Executive Order 13045 (62 FR 19885, 

April 23, 1997), because it approves a 

state rule implementing a Federal 

standard. 

In reviewing section 111(d)/129 plan 

submissions, EPA’s role is to approve 

State choices, provided that they meet 

the criteria of the Act. In this context, 

in the absence of a prior existing 

requirement for the State to use 

voluntary consensus standards (VCS), 

EPA has no authority to disapprove a 

section 111(d)/129 plan submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a section 111(d)/ 

129 plan submission, to use VCS in 

place of a section 111(d)/129 plan 

submission that otherwise satisfies the 

provisions of the Act. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 


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Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations 10359 

272 note) do not apply. This rule does 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

B. Submission to Congress and the 

Comptroller General 

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. This rule is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

C. Petitions for Judicial Review 

Under Section 307(b)(1) of the Act, 

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 

approving Indiana’s section 111(d)/129 

plan revision for SSI sources may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 62 

Environmental protection, Air 

pollution control, Administrative 

practice and procedure, 

Intergovernmental relations, Reporting 

and recordkeeping requirements, Waste 

treatment and disposal. 

Dated: February 12, 2015. 

Bharat Mathur, 

Acting Regional Administrator, Region 5. 

40 CFR part 62 is amended as follows: 

PART 62—APPROVAL AND 

PROMULGATION OF STATE PLANS 

FOR DESIGNATED FACILITIES AND 

POLLUTANTS 

■ 1. The authority citation for part 62 

continues to read as follows: 

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

Subpart P—Indiana 

■ 2. Add an undesignated center 

heading and §§ 62.3680, 62.3681, and 

62.3682 to subpart P to read as follows: 

Control of Air Emissions From Existing 

Other Solid Waste Incinerator Units 

§ 62.3680 Identification of plan. 

On November 27, 2007, Indiana 

submitted the State Plan for 

implementing the Other Solid Waste 

Incineration Units (OSWI). The 

enforceable mechanism for this State 

Plan is a State rule codified in 326 

Indiana Administrative Code (IAC) 11– 

9. The rule was adopted on February 7, 

2007, and became effective on August 9, 

2007. 

§ 62.3681 Identification of sources. 

The Indiana State Plan for existing 

Other Solid Waste Incineration (OSWI) 

units applies to all OSWI units as 

defined in § 60.3078 for which 

construction commenced on or before 

December 9, 2004 to comply with this 

subpart. 

§ 62.3682 Effective date. 

The Federal effective date of the 

Indiana State Plan for existing Sewage 

Sludge Incinerators is April 27, 2015. 

[FR Doc. 2015–03792 Filed 2–25–15; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2014–0002; Internal 

Agency Docket No. FEMA–8371] 

Suspension of Community Eligibility 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: This rule identifies 

communities where the sale of flood 

insurance has been authorized under 

the National Flood Insurance Program 

(NFIP) that are scheduled for 

suspension on the effective dates listed 

within this rule because of 

noncompliance with the floodplain 

management requirements of the 

program. If the Federal Emergency 

Management Agency (FEMA) receives 

documentation that the community has 

adopted the required floodplain 

management measures prior to the 

effective suspension date given in this 

rule, the suspension will not occur and 

a notice of this will be provided by 

publication in the Federal Register on a 

subsequent date. Also, information 

identifying the current participation 

status of a community can be obtained 

from FEMA’s Community Status Book 

(CSB). The CSB is available at http://

www.fema.gov/fema/csb.shtm. 

DATES: The effective date of each 

community’s scheduled suspension is 

the third date (‘‘Susp.’’) listed in the 

third column of the following tables. 

FOR FURTHER INFORMATION CONTACT: If 

you want to determine whether a 

particular community was suspended 

on the suspension date or for further 

information, contact Bret Gates, Federal 

Insurance and Mitigation 

Administration, Federal Emergency 

Management Agency, 500 C Street SW., 

Washington, DC 20472, (202) 646–4133. 

SUPPLEMENTARY INFORMATION: The NFIP 

enables property owners to purchase 

Federal flood insurance that is not 

otherwise generally available from 

private insurers. In return, communities 

agree to adopt and administer local 

floodplain management measures aimed 

at protecting lives and new construction 

from future flooding. Section 1315 of 

the National Flood Insurance Act of 

1968, as amended, 42 U.S.C. 4022, 

prohibits the sale of NFIP flood 

insurance unless an appropriate public 

body adopts adequate floodplain 

management measures with effective 

enforcement measures. The 

communities listed in this document no 

longer meet that statutory requirement 

for compliance with program 

regulations, 44 CFR part 59. 

Accordingly, the communities will be 

suspended on the effective date in the 

third column. As of that date, flood 

insurance will no longer be available in 

the community. We recognize that some 

of these communities may adopt and 

submit the required documentation of 

legally enforceable floodplain 

management measures after this rule is 

published but prior to the actual 

suspension date. These communities 

will not be suspended and will continue 

to be eligible for the sale of NFIP flood 

insurance. A notice withdrawing the 

suspension of such communities will be 

published in the Federal Register. 

In addition, FEMA publishes a Flood 

Insurance Rate Map (FIRM) that 

identifies the Special Flood Hazard 

Areas (SFHAs) in these communities. 

The date of the FIRM, if one has been 

published, is indicated in the fourth 

column of the table. No direct Federal 

financial assistance (except assistance 

pursuant to the Robert T. Stafford 

Disaster Relief and Emergency 

Assistance Act not in connection with a 


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