
[Federal Register Volume 82, Number 129 (Friday, July 7, 2017)]
[Rules and Regulations]
[Pages 31458-31462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14212]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2017-0081; FRL-9964-49-Region 5]


Air Plan Approval; Wisconsin; Site-Specific Sulfur Dioxide 
Requirements for USG Interiors, LLC

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving, under 
the Clean Air Act (CAA), a State Implementation Plan (SIP) revision 
submitted by Wisconsin on January 31, 2017, and supplemented on March 
20, 2017. This SIP submittal consists of Wisconsin Administrative Order 
AM-16-01, which imposes a requirement for a taller cupola exhaust 
stack, a sulfur dioxide (SO2) emission limit in conjunction 
with a minimum cupola stack flue gas flow rate, and associated 
requirements on the mineral wool production process at the USG 
Interiors LLC facility located in Walworth, Wisconsin (USG-Walworth). 
Wisconsin submitted this SIP revision to enable the area near USG-
Walworth to qualify for being designated ``attainment'' of the 2010 
primary SO2 National Ambient Air Quality Standards (NAAQS), 
a matter that will be addressed in a separate future rulemaking. EPA is 
approving AM-16-01 into the Wisconsin SIP, which makes the AM-16-01 
requirements federally enforceable.

DATES: This direct final rule will be effective September 5, 2017, 
unless EPA receives adverse comments by August 7, 2017. 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-2017-0081 at http://www.regulations.gov, or via email to 
Aburano.Douglas@epa.gov. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment.

[[Page 31459]]

The written comment is considered the official comment and should 
include discussion of all points you wish to make. EPA will generally 
not consider comments or comment contents located outside of the 
primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the ``For Further Information Contact'' section. For the 
full EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

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 Wisconsin issue Administrative Order AM-16-01?
II. What is EPA's analysis of the SO2 emission limit and associated 
requirements in AM-16-01?
III. By which Criteria 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 Wisconsin issue Administrative Order AM-16-01?

    Wisconsin submitted a SIP revision on January 31, 2017, along with 
supplemental information on March 20, 2017. The submittal contains 
Wisconsin Administrative Order AM-16-01 signed on January 31, 2017, by 
the Director of the Air Management Bureau of the Wisconsin Department 
of Natural Resources, which establishes a requirement for a taller 
cupola stack, an SO2 emission limit, and associated 
requirements for the mineral wool production process at USG-Walworth. 
Wisconsin established these requirements to enable the area near \1\ 
USG-Walworth to qualify in the future for being designated 
``attainment'' of the 2010 primary SO2 NAAQS.\2\
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    \1\ The specific area will be identified in a future 
designations rulemaking to be finalized December 31, 2017, for the 
2010 SO2 NAAQS.
    \2\ On June 3, 2010, EPA revised the primary (health based) 
SO2 NAAQS by establishing a new one-hour standard at a 
level of 75 parts per billion (ppb) which is attained when the 
three-year average of the 99th percentile of one-hour daily maximum 
concentrations does not exceed 75 ppb (75 FR 35520 and 40 CFR 
50.17). EPA determined this is the level necessary to protect public 
health with an adequate margin of safety, especially for children, 
the elderly, and those with asthma. These groups are particularly 
susceptible to the health effects associated with breathing 
SO2.
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    USG-Walworth cannot demonstrate modeled attainment of the 2010 
SO2 NAAQS in accordance with EPA's Draft SO2 
NAAQS Designations Modeling Technical Assistance Document\3\ in absence 
of new requirements pertaining to the mineral wool production process. 
Therefore, Wisconsin conducted air dispersion modeling using the 
American Meteorological Society/Environmental Protection Agency 
Regulatory Model (AERMOD) version 16216 (released on December 20, 2016) 
and 16216r (released on January 17, 2017) in accordance with appendix W 
of part 51 of chapter 40 of the Code of Federal Regulations (CFR) to 
determine a new set of requirements, including an increase in the 
cupola stack height from 68.5 feet to 175 feet above ground and an 
SO2 emission limit for the mineral wool production process 
at USG-Walworth in conjunction with a minimum cupola stack flue gas 
flow rate. The air quality modeling of these conditions supports 
Wisconsin's conclusion that these limits provide for attainment of the 
2010 SO2 NAAQS.
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    \3\ Draft SO2 NAAQS Designations Modeling Technical 
Assistance Document. December 2013. http://www3.epa.gov/airquality/
sulfurdioxide/pdfs/SO2ModelingTAD.pdf
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    The purpose of this rulemaking is to take action on Wisconsin's 
request to approve AM-16-01 into the Wisconsin SIP and thereby make 
federally enforceable the requirement for the taller stack, the 
SO2 emission limit, and the associated requirements therein. 
Once these requirements have become federally enforceable, Wisconsin 
intends to use them to demonstrate AERMOD-modeled attainment for the 
2010 SO2 NAAQS for the area near USG-Walworth. EPA intends 
to designate the area near USG-Walworth for the 2010 SO2 
NAAQS, under a separate future rulemaking to be finalized by December 
31, 2017.\4\
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    \4\ The EPA has issued designations for a total of 94 areas 
throughout the U.S. for the 2010 SO2 NAAQS in previous 
final actions signed by the EPA Administrator in ``Round 1'' on 
August 5, 2013 (78 FR 47191) and in ``Round 2'' on July 12, 2016 (81 
FR 45039) and December 13, 2016 (81 FR 89870). The EPA is under a 
December 31, 2017, deadline to designate additional areas as 
required by the U.S. District Court for the Northern District of 
California [Sierra Club v. McCarthy, No. 3-13-cv-3953 (SI) (N.D. 
Cal. Mar. 2, 2015)]. We are referring to the set of designations 
being finalized by the December 31, 2017, deadline as ``Round 3'' of 
the designations process for the 2010 SO2 NAAQS. EPA 
intends to address the area near USG-Walworth as part of the Round 3 
designations.
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II. What is EPA's analysis of the SO2 emission limit and 
associated requirements in AM-16-01?

    Wisconsin issued AM-16-01 on January 31, 2017, for USG-Walworth, 
with a compliance date of October 1, 2017. This order established a 
cupola stack height increase from 68.5 feet to 175 feet above ground 
level, a cupola stack flue gas flow rate of 23,200 actual cubic feet 
per minute (ACFM) in conjunction with an SO2 emission limit 
of 301.3 pounds per hour (lbs/hr), and other associated requirements 
for the mineral wool production process at USG-Walworth.
    Dispersion techniques, such as increasing the final exhaust plume 
rise by manipulation of source parameters like increasing stack heights 
and flue gas flow rates, are not approvable in most circumstances. 
EPA's stack height provisions codified at 40 CFR 51.118 arise out of 
CAA section 123(a), which states that the degree of emission limitation 
required for control of any air pollutant under an applicable 
implementation plan under this subchapter shall not be affected in any 
manner by so much of the stack height of any source as exceeds good 
engineering practice (as determined under regulations promulgated by 
the Administrator), or any other dispersion technique.
    ``Dispersion technique,'' as defined at 40 CFR 51.100(hh)(1), means 
any technique which attempts to affect the concentration of a pollutant 
in the ambient air by: Using that portion of a stack which exceeds good 
engineering practice stack height; varying the rate of emission of a 
pollutant according to atmospheric conditions or ambient concentrations 
of that pollutant; or increasing final exhaust gas plume rise by 
manipulating source process parameters, exhaust gas parameters, stack 
parameters, or combining exhaust gases from several existing stacks 
into one stack; or other selective handling of exhaust gas streams so 
as to increase the exhaust gas plume rise.
    In the case of USG-Walworth, the raising of the stack to 175 feet 
does not exceed good engineering practice stack height as defined at 
Sec.  51.100(ii), and AM-16-01 does not provide for the allowable rate 
of emissions to vary according to atmospheric conditions or ambient 
pollutant concentrations as per Sec.  51.100(hh)(1)(ii). In some cases, 
increasing the final exhaust plume rise by manipulation of the stack 
height and flue gas flow rate is a dispersion technique as per Sec.  
51.100(hh)(1)(iii). However, there is an exception under 40 CFR 
51.100(hh)(2)(v) where dispersion

[[Page 31460]]

techniques under Sec.  51.100(hh)(1)(iii) do not include techniques 
that increase the final exhaust gas plume rise where the resulting 
allowable emissions of sulfur dioxide from the facility do not exceed 
5,000 tons per year. Such an increase of plume rise is not considered a 
dispersion technique when the resulting allowable emissions of 
SO2 from the facility do not exceed 5,000 tons per year 
(TPY). The AM-16-01 SO2 emission limit of 301.3 lbs/hr is 
equivalent to 1,319.69 TPY, which accounts for over 99% of the 
allowable SO2 emitted by all emission units at USG-Walworth. 
Additionally, AM-16-01 includes a requirement that USG-Walworth only 
fire natural gas in the other emission units at the facility, including 
the boiler (B10), the acoustical tile dryer (P32), and the finishing/
curing ovens (P34A and P38A). Therefore, the facility-wide allowable 
SO2 emissions from USG-Walworth resulting from the AM-16-01 
requirement to increase the cupola stack height from 68.5 feet to 175 
feet above ground level do not exceed 5,000 TPY. Therefore, EPA 
proposes to approve the increase in the cupola stack height.
    Wisconsin set an SO2 emission limit of 301.3 lbs/hr for 
the mineral wool production process in conjunction with a cupola stack 
flue gas flow rate of 23,200 ACFM. For emission rates less than 301.3 
lbs/hr, Wisconsin established a required minimum cupola stack flue gas 
flow rate which varies based on the SO2 emission rate. AM-
16-01 requires that the cupola stack flue gas flow rate in ACFM shall 
be equal to or greater than the flow rate calculated according to 
Equation 1.

Equation 1: Required Flue Gas Flow Rate (ACFM) = [SO2 
Emission Rate (lbs/hr) x 79.192] - 664.62
    To develop Equation 1, Wisconsin plotted the worst case (highest) 
SO2 emissions versus worst case (lowest) flue gas flow rates 
as estimated from information contained in 2015 and 2010 stack testing 
reports and an August 2014-August 2016 dataset provided by USG-
Walworth. Wisconsin fit a trend line (Equation 1) to the plot and 
included this equation in AM-16-01 as the minimum flue gas flow rate 
requirement for USG-Walworth (e.g. for a given SO2 emission 
rate less than 301.3 lbs/hr, USG-Walworth must use Equation 1 to 
determine the corresponding required minimum flue gas flow rate under 
which it must operate). When emissions are the full allowable 301.3 
lbs/hr, the minimum flow rate is 23,200 ACFM; lower minimum flow rates 
apply at lower emission levels.
    Wisconsin's AM-16-01 method of determining compliance with the 
minimum flue gas flow rate (EPA Method 2) is to be conducted on the 
same schedule, described below, as that for compliance with the 
SO2 emission limit (EPA Method 6C). AM-16-01 also requires 
operation of the thermal oxidizer and baghouse whenever the cupola is 
in operation/fired and additional requirements for monitoring and 
maintaining these control devices to ensure they are functioning 
properly, including an interlock system which only allows operation of 
the cupola if the thermal oxidizer incinerator chamber temperature is 
at or above 1,300 degrees Fahrenheit averaged over any one-hour period.
    In addition to the 1-hour limit of 301.3 lbs/hour in AM-16-01, 
Wisconsin opted to set a 30-day rolling average limit of 238.0 lbs/
hour. EPA's April 2014 ``Guidance for 1-Hour SO2 
Nonattainment Area SIP Submissions'' discusses the option to establish 
limits with averaging times up to 30 days in length, recommends that 
any such limit be established at a level that is comparably stringent 
to the one-hour average limit, and recommends a detailed procedure for 
determining such a comparably stringent limit. Wisconsin followed the 
recommendations of the 2014 guidance in determining an appropriate 
level for this limit. Therefore, the state has applied an appropriate 
adjustment, yielding a 30-day rolling average emission limit that has 
comparable stringency to the one-hour average limit. Wisconsin used an 
adjustment factor of 0.79, which EPA identified in its 2014 guidance as 
an appropriate adjustment factor for determining equivalent emission 
limitation between 1-hour and 30-day rolling average timeframes for 
uncontrolled coal-fired boilers based on a national analysis of utility 
coal boiler emissions.
    Wisconsin's method of determining compliance with the 301.3 lbs/hr 
limit as set forth in AM-16-01 uses EPA-approved stack testing methods, 
and includes an initial stack test that must be conducted no later than 
April 1, 2018, which is 180 days after the AM-16-01 compliance date of 
October 1, 2017, and periodic stack testing conducted every five years 
within 90 days of the anniversary date of the initial stack test. 
Wisconsin's method of determining continuous compliance, as set forth 
in AM-16-01, requires a mass balance calculation to demonstrate 
compliance with the 238.0 lbs/hr limit on a 30-day rolling average 
basis. Under this rule, stack tests at the facility must show 
compliance with the 1-hour emission limit of 301.3 lbs/hr, but 
continuous emissions data, collected from routine mass balance 
calculations, are used to assess compliance with the 30-day average 
emission limit of 238.0 lbs/hr. Wisconsin has thereby established a 
two-tiered enforcement regime, in which stack tests provide occasional 
assessment of compliance, tested against a 1-hour limit, and continuous 
emissions data, as collected via routine mass balance calculations, 
provide a continuous assessment of compliance, tested against a 30-day 
average limit.
    Wisconsin's mass balance equation in AM-16-01 is the difference 
between the sum of the estimated sulfur content of all the materials 
loaded into the cupola and the sum of the estimated sulfur content in 
the mineral wool product output from the cupola in lbs/day divided by 
the operating hours per day and multiplied by the molecular weight 
ratio of SO2 to sulfur. AM-16-01 requires USG-Walworth to 
develop a compliance and monitoring plan and to monitor, record, and 
report the information necessary for calculating the 30-day rolling 
average SO2 emission limit via the mass balance equation, 
such as operating hours, operating days, coke and all other material 
usage amounts. AM-16-01 includes requirements to sample the sulfur, 
moisture, and heat content of each of the materials input to the cupola 
and the sulfur content of the mineral wool product or waste material 
output from the cupola. The sampling requirements include initial 
material sampling, ongoing material sampling, ongoing low sulfur 
material sampling, mineral wool product and waste sampling, alternate 
sampling frequency which increases if the 30-day rolling average 
SO2 emission rate is equal to or greater than 95% of the 
limit for three or more operating days during the previous 12 calendar 
months. Likewise, sampling frequency can be decreased if the 30-day 
rolling average SO2 emission rate is equal to or less than 
70% of the limit for 12 consecutive months. The sampling requirements 
include sample collection and preparation methods as per those of ASTM 
International, formerly the American Society for Testing and Materials 
(ASTM). Finally, AM-16-01 includes a requirement for USG-Walworth to 
submit a revision request to incorporate the applicable requirements of 
AM-16-01 into the USG-Walworth operating permit by June 23, 2019.

[[Page 31461]]

III. By which criteria is EPA reviewing this SIP revision?

    EPA is evaluating AM-16-01 on the basis of whether its requirements 
are measurable (and thus enforceable) and whether it strengthens 
Wisconsin's SIP. When imposing quantitative requirements such as 
emission limits, it is important that these requirements be measurable 
so as to determine compliance. While the use of an electronic 
continuous emissions monitoring system (CEMS) would be an ideal way to 
measure the SO2 emission rate from the mineral wool 
production process and the flue gas flow rate from the cupola stack for 
compliance determination purposes, EPA's analysis, above, of 
Wisconsin's AM-16-01 compliance requirements shows that Wisconsin has 
developed a conservative mass balance approach that allows for the 
ongoing measurement of the USG-Walworth mineral wool production process 
SO2 emission rate to determine compliance with the 
SO2 emission limit contained in AM-16-01. The AM-16-01 
requirements are carefully designed such that compliance with the 
SO2 emission limit can be determined via a combination of 
testing, sampling, monitoring, recordkeeping, and reporting making the 
SO2 emission limit and associated requirements contained in 
AM-16-01 measureable and enforceable. Therefore, in the absence of a 
CEMS, EPA finds acceptable the AM-16-01 mass balance approach of 
compliance monitoring in conjunction with required periodic stack 
testing.
    The USG-Walworth mineral wool production process is already subject 
to Wisconsin rule NR 417.07(2)(b), which is a statewide SO2 
emission limit of 5.5 pounds per Million British Thermal Units (lbs/
MMBTU) that applies to any steam generating unit or other fuel-burning 
equipment firing solid fossil fuel at a facility that has a total heat 
input capacity on solid fossil fuel of less than 250 MMBTU/hr and which 
was incorporated into the Wisconsin SIP in 1993 (58 FR 29537). This SIP 
requirement will not be removed with the approval of AM-16-01 into the 
Wisconsin SIP. AM-16-01 provides additional requirements to the 5.5 
lbs/MMBTU emission limit already in the Wisconsin SIP. Therefore, EPA's 
approval of AM-16-01 would strengthen the Wisconsin SIP. Since the 
current SO2 emission limit of 5.5 lbs/MMBTU will remain in 
the SIP (58 FR 29537), EPA's approval of AM-16-01 into the Wisconsin 
SIP would not cause there to be any relaxation of the SO2 
emission limit in the Wisconsin SIP with respect to USG-Walworth and 
would, therefore, not interfere with CAA section 110(l), which is the 
anti-backsliding provision of the CAA. Therefore, EPA is approving AM-
16-01 into the Wisconsin SIP.
    As previously stated, EPA intends to designate the area near USG-
Walworth for the 2010 SO2 NAAQS under a separate future 
rulemaking to be finalized by December 31, 2017. If AM-16-01 becomes 
SIP-approved and thereby federally enforceable in a timely fashion, EPA 
will formally evaluate the adequacy of the AM-16-01 requirements to 
provide for attainment as part of the rulemaking on the 2010 
SO2 NAAQS designation for the area near USG-Walworth.

IV. What action is EPA taking?

    EPA is approving into the Wisconsin SIP AM-16-01, which contains a 
requirement for a taller cupola stack, an SO2 emission 
limit, and associated requirements for the mineral wool production 
process at USG-Walworth. EPA confirms that the requirements contained 
in AM-16-01 are measureable, enforceable, and strengthen the Wisconsin 
SIP. By approving AM-16-01 into the Wisconsin SIP, the stack height 
requirement, the SO2 emission limit, and the associated 
requirements will become Federally enforceable.
    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 September 5, 
2017 without further notice unless we receive relevant adverse written 
comments by August 7, 2017. 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 
September 5, 2017.

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 Wisconsin 
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 through www.regulations.gov and/or at the EPA 
Region 5 Office (please contact the person identified in the For 
Further Information Contact 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 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

[[Page 31462]]

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 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 September 5, 2017. 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 this 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, Reporting and recordkeeping 
requirements, Sulfur oxides.

    Dated: June 20, 2017.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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


0
2. Section 52.2570 is amended by adding paragraph (c)(136) to read as 
follows:


Sec.  52.2570  Identification of plan.

* * * * *
    (c) * * *
    (136) On January 31, 2017 (supplemented on March 20, 2017), the 
Wisconsin Department of Natural Resources submitted a request to 
incorporate Wisconsin Administrative Order AM-16-01 into its State 
Implementation Plan. AM-16-01 imposes a requirement for a taller cupola 
exhaust stack, a sulfur dioxide (SO2) emission limit in 
conjunction with a minimum cupola stack flue gas flow rate, and 
associated requirements on the mineral wool production process at the 
USG Interiors LLC facility located in Walworth, Wisconsin (USG-
Walworth). Wisconsin intends to use the requirements of AM-16-01 to 
support an attainment designation.
    (i) Incorporation by reference. Wisconsin Administrative Order AM-
16-01, issued by the Wisconsin Department of Natural Resources on 
January 31, 2017, to USG Interiors LLC for its facility located in 
Walworth, Wisconsin.

[FR Doc. 2017-14212 Filed 7-6-17; 8:45 am]
 BILLING CODE 6560-50-P


