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Approval and Promulgation of Implementation Plans; Indiana
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: April 1, 2003 (Volume 68, Number 62)]
[Rules and Regulations]
[Page 15664-15666]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01ap03-6]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IN214-1a; FRL-7470-7]
Approval and Promulgation of Implementation Plans; Indiana
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: On August 8, 2001, the Indiana Department of Environmental
Management (IDEM) submitted a request that EPA approve a revision to
its shipbuilding and ship repair volatile organic compound (VOC) rules
into the Indiana State Implementation Plan. The State submitted
additional information on October 1, 2002. This revision changes
exemption levels and compliance, recordkeeping and reporting
requirements. EPA is approving these revisions because they are
enforceable and, in some cases, more stringent than the existing rules.
DATES: This rule is effective on June 2, 2003, unless EPA receives
relevant adverse written comments by May 1, 2003. If adverse comment is
received, EPA will publish a timely withdrawal of the rule in the
Federal Register and inform the public that the rule will not take
effect.
ADDRESSES: You should send written comments to: J. Elmer Bortzer,
Chief, Regulation Development Section, Air Programs Branch (AR-18J),
U.S. Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
You may inspect copies of the State submittal and EPA's analysis of
it at:
Regulation Development Section, Air Programs Branch (AR-18J), U.S.
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604.
FOR FURTHER INFORMATION CONTACT: Steven Rosenthal, Air Programs Branch
(AR-18J), U.S. Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6052.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'',
``us'', or ``our'' are used we mean EPA. ``You'' means the reader of
this document.
Table of Contents
I. Background
II. What changes did the state include in this SIP Revision Request
and what is EPA's analysis of these revisions?
III. Rulemaking action
IV. Statutory and Executive Order Reviews
I. Background
Shipbuilding and ship repair companies in Clark, Floyd, Lake, and
Porter counties are required to comply with the VOC requirements in 326
Indiana Administrative Code (IAC) 8-12 and the national emission
standards for hazardous air pollutants (NESHAPS) in title 40, part 63,
subpart II.
IDEM states, in an October 1, 2002, letter from IDEM to EPA that it
has identified one source in Clark County, Jeffboat, that is subject to
both the NESHAPS and the VOC rule for shipbuilding and ship repair. In
an effort to streamline some of the overlapping requirements between
the NESHAPs and the VOC rule, IDEM revised its VOC rule to eliminate
certain inconsistent requirements. This letter includes IDEM's
interpretation of certain points in its rule as well as a table for use
in determining the allowable thinning ratio (that is, the amount of
generally 100% VOC solvent that can be added to a coating without it
exceeding the allowable VOC content).
II. What Changes Did the State Include in This SIP Revision Request and
What Is EPA's Analysis of These Revisions?
Indiana revised several sections in 326 IAC 8-12, its VOC rule for
Shipbuilding and Ship Repair coating operations. A description of these
revisions and EPA's evaluation of these revisions follows:
A. 326 IAC 8-12-2(1) Exemptions
Indiana increased the exemption level of any coating from 20 to 25
gallons per year, and reduced the total volume of all exempt coatings
from 400 to 264 gallons per year. This revision is approvable because
the total allowable annual volume of exempt coatings is reduced and the
cutoffs are less than those in the NESHAPS.
B. 326 IAC 8-12-4(2)VOC Emission Limiting Requirements
This section has been revised to require that the general use
coating emission limit be in effect for the entire year, instead of
only May 1 through September 30. This revision is approvable because it
extends the applicability of the general use coating limitation, and
will limit VOC emissions from October through April.
[[Page 15665]]
The VOC emission limits for each coating category require that each
coating (with no averaging between coatings) must comply with the
limits on an as-applied (that is, including any thinner added) basis.
This requirement is reinforced in IDEM's October 1, 2002, letter.
C. 326 IAC 8-12-5 Compliance Requirements
The compliance requirements in this section were replaced by the
NESHAPS requirements in 40 CFR 63.784 and 40 CFR 63.785. These
requirements include an equation to determine the maximum allowable
thinning ratio. The emission limit, in units of grams VOC/liter of
solids (as opposed to the pounds VOC/gallon units in Indiana's rule),
is one of the terms in this equation. IDEM's October 1, 2002, letter
includes a table that specifies the limits for each coating category in
terms of grams VOC/liter of solids, thus facilitating use of this
equation. This revision, therefore, improves the effectiveness of this
rule by explicitly establishing how much thinner can be added to a
coating without exceeding the applicable emission limit.
D. 326 IAC 8-12-6 Test Methods and Procedures
The test methods and procedures in this section were replaced by
the NESHAPS requirements in 40 CFR 63.786. The NESHAPS test methods
include the use of EPA's Method 24 for determining VOC content and are
therefore approvable.
E. Recordkeeping, Notification and Reporting Requirements
This section replaces the previous requirements with the NESHAPS
requirements in 40 CFR 63.787 and 40 CFR 63.788. This results in a
change from daily to monthly recordkeeping. Although going from daily
to monthly recordkeeping may sometimes constitute a relaxation, it is
not in this case. As discussed previously, Indiana's rules were changed
from allowing compliance to be determined on a daily average to
requiring that each coating comply on an as-applied basis without
averaging. Monthly recordkeeping does not interfere with enforceability
of these emission limits because it is only necessary for the VOC
content of the coatings to be identified without consideration of any
averaging.
III. Rulemaking Action
EPA is approving, through direct final rulemaking, revisions to the
VOC rules for the shipbuilding and ship repair industry. This rule
applies to the coating operations carried out by the shipbuilding and
ship repair industries in Clark, Floyd, Lake, and Porter counties of
Indiana. This revision amends 326 IAC 8-12. EPA is approving:
Increasing of the individual coating exemptions from 20 gallons per
year to 25 gallons per year in 326 IAC 8-12-2; the decreasing of the
amount of total allowable exempt coatings from 400 gallons per year to
264 gallons per year in 326 IAC 8-12-2; the changing of the wording of
326 IAC 8-12-4 by moving the words, ``from May 1 through September
30,'' from 8-12-4(a)(2) to 8-12-4(a)(2)(B); the replacing of portions
of the VOC rules, sections 326 IAC 8-12-5 through 326 IAC 8-12-7,
dealing with compliance requirements, test methods and procedures,
recordkeeping requirements, notification requirements, and reporting
requirements with the Federal National Emission Standards for Hazardous
Air Pollutants (NESHAP) requirements in sections 40 CFR 63.784 through
40 CFR 63.788.
We are publishing this action without a prior proposal because we
view these as noncontroversial revisions and anticipate no adverse
comments. However, in the ``Proposed Rules'' section of today's Federal
Register, we are publishing a separate document that will serve as the
proposal to approve the SIP revision if adverse comments are filed.
This rule will be effective on June 2, 2003, without further notice
unless we receive relevant adverse written comment by May 1, 2003. If
the EPA receives adverse written comment, we will publish a final rule
informing the public that this rule will not take effect. We will
address all public comments in a subsequent final rule based on the
proposed rule. The EPA does not intend to institute a second comment
period on this action. Any parties interested in commenting on these
actions must do so at this time.
IV. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), 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 also does not have tribal implications because it will
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, 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 standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air 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 SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 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.).
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
[[Page 15666]]
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. 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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by June 2, 2003. 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 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, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: March 4, 2003.
Bharat Mathur,
Acting Regional Administrator, Region 5.
? For the reasons stated in the preamble, part 52, chapter I, title 40 of
the Code of Federal Regulations is amended as follows:
PART 52--[AMENDED]
? 1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart P-Indiana
? 2. Section 52.770 is amended by adding paragraph (c)(154) to read as
follows:
Sec. 52.770 Identification of plan.
* * * * *
(c)* * *
(154) On August 08, 2001, Indiana submitted revised volatile
organic Compound control requirements for certain facilities in the
Indiana shipbuilding and ship repair industry. This submittal changes
the individual and plantwide coating exemption levels and makes
revisions to the compliance requirements, test methods and
recordkeeping requirements. On October 1, 2002, Indiana submitted a
letter providing its interpretation of certain of the above
requirements.
(i) Incorporation by reference.
(A) Indiana Administrative Code Title 326: Air Pollution Control
Board, Article 8: Volatile Organic Compounds, Rule 12: Shipbuilding or
Ship Repair Operations in Clark, Floyd, Lake, and Porter Counties,
Section 2: Exemptions, Section 4: Volatile organic compound emissions
limiting requirements, Section 5: Compliance requirements, Section 6:
Test methods and procedures, Section 7: Recordkeeping, notification,
and reporting requirements. Adopted by the Indiana Air Pollution
Control Board on February 7, 2001. Filed with the Secretary of State
June 15, 2001, effective July 15, 2001.
(B) An October 1, 2002, letter from the Indiana Department of
Environmental Management which provides background information on its
shipbuilding and ship repair rule revisions and its interpretation of
certain of these requirements.
[FR Doc. 03-7643 Filed 3-31-03; 8:45 am]
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