[Federal Register Volume 69, Number 80 (Monday, April 26, 2004)]
[Notices]
[Pages 22508-22509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9406]


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ENVIRONMENTAL PROTECTION AGENCY

[IN161-1; FRL-7653-4]


Approval of Section 112(l) Delegation of Maximum Achievable 
Control Technology Standards; Indiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The purpose of this action is to announce that EPA approved a 
request for delegation of the Maximum Achievable Control Technology 
(MACT) standards for polyurethane foam, portland cement, hazardous 
waste combustion, oil and natural gas production, natural gas 
transmission and storage, publically owned treatment works, pulp and 
paper--non-combustion, phosphoric acid manufacturing, phosphate 
fertilizer production, tanks--level 1, containers, surface 
impoundments, individual drain systems, closed vent systems, equipment 
leaks--level 1, equipment leaks--level 2, oil-water separators, storage 
vessels--level 2, generic MACT, pesticide active ingredient production, 
mineral wool production, and wool fiberglass manufacturing (i.e., 40 
CFR part 63, subpart III, LLL, EEE, HH, HHH, VVV, S, AA, BB, OO, PP, 
QQ, RR, SS, TT, UU, VV, WW, YY, MMM, DDD, and NNN respectively) 
pursuant to section 112(l) of the Clean Air Act (CAA). The State's 
mechanism of delegation involves State rule adoption of all existing 
and future section 112 standards unchanged from the Federal standards. 
The actual delegation of authority of individual standards was a letter 
from EPA To the Indiana Department of Environmental Management (IDEM) 
dated December 29, 2003.

DATES: This action will become effective May 26, 2004.

ADDRESSES: Copies of the State's submittal and other supporting 
information used in developing the approval are available for 
inspection during normal business hours at the following location:
    EPA Region 5, 77 West Jackson Boulevard, AR-18J, Chicago, Illinois 
60604.
    Please contact Sam Portanova at (312) 886-3189 to arrange a time if 
inspection of the submittal is desired.

FOR FURTHER INFORMATION CONTACT: Sam Portanova, AR-18J, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 886-3189, 
[email protected].

SUPPLEMENTARY INFORMATION:

[[Page 22509]]

I. What Action Is EPA Taking Today?

    EPA is notifying the public that delegation of the authority to 
implement and enforce the MACT standards for polyurethane foam, 
portland cement, hazardous waste combustion, oil and natural gas 
production, natural gas transmission and storage, publically owned 
treatment works, pulp and paper--non-combustion, phosphoric acid 
manufacturing, phosphate fertilizer production, tanks--level 1, 
containers, surface impoundments, individual drain systems, closed vent 
systems, equipment leaks--level 1, equipment leaks--level 2, oil-water 
separators, storage vessels--level 2, generic MACT, pesticide active 
ingredient production, mineral wool production, and wool fiberglass 
manufacturing was approved in a letter from EPA to IDEM dated December 
29, 2003.
    All notifications, reports and other correspondence required under 
section 112 standards should be sent to the State of Indiana rather 
than to the EPA, Region 5, in Chicago. Affected sources should send 
this information to: Indiana Department of Environmental Management, 
Office of Air Management, 100 North Senate Avenue, P.O. Box 6015, 
Indianapolis, Indiana 46206-6015.

II. EPA Approved the Delegation Under What Authority?

    Section 112(l) of the CAA enables the EPA to approve State air 
toxics programs or rules to operate in place of the Federal air toxics 
program. The Federal air toxics program implements the requirements 
found in section 112 of the CAA pertaining to the regulation of 
hazardous air pollutants. Approval of an air toxics program is granted 
by the EPA if the Agency finds that the State program: (1) Is ``no less 
stringent'' than the corresponding Federal program or rule, (2) the 
State has adequate authority and resources to implement the program, 
(3) the schedule for implementation and compliance is sufficiently 
expeditious, and (4) the program is otherwise in compliance with 
Federal guidance. Once approval is granted, the air toxics program can 
be implemented and enforced by State or local agencies, as well as EPA.
    On November 14, 1995, EPA approved Indiana's program of delegation 
for part 70 sources (Federal Register (60 FR 57118)). On July 8, 1997, 
EPA approved Indiana's program of delegation for non-part 70 sources 
(Federal Register (62 FR 36460)).

III. Which Standards Has IDEM Submitted to EPA for Approval Under 
Indiana's Air Toxics Program Delegation Mechanism?

    On June 30, 2003, IDEM requested delegation of implementation and 
enforcement authority of the MACT standards for polyurethane foam, 
portland cement, hazardous waste combustion, oil and natural gas 
production, natural gas transmission and storage, publically owned 
treatment works, pulp and paper--non-combustion, phosphoric acid 
manufacturing, phosphate fertilizer production, tanks--level 1, 
containers, surface impoundments, individual drain systems, closed vent 
systems, equipment leaks--level 1, equipment leaks--level 2, oil-water 
separators, storage vessels--level 2, generic MACT, pesticide active 
ingredient production, mineral wool production, and wool fiberglass 
manufacturing (i.e., 40 CFR part 63, subpart III, LLL, EEE, HH, HHH, 
VVV, S, AA, BB, OO, PP, QQ, RR, SS, TT, UU, VV, WW, YY, MMM, DDD, and 
NNN respectively). The State of Indiana's rules 326 Indiana 
Administrative Code (IAC) 20-22, 326 IAC 20-27, 326 IAC 20-28, 326 IAC 
20-30, 326 IAC 20-31, 326 IAC 20-32, 326 IAC 20-33, 326 IAC 20-34, 326 
IAC 20-35, 326 IAC 20-36, 326 IAC 20-37, 326 IAC 20-38, 326 IAC 20-39, 
326 IAC 20-40, 326 IAC 20-41, 326 IAC 20-42, 326 IAC 20-43, 326 IAC 20-
44, 326 IAC 20-45, 326 IAC 20-46, and 326 IAC 20-47 incorporate these 
MACT standards into the State's rules unchanged from the Federal 
regulations.

    Dated: April 12, 2004.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. 04-9406 Filed 4-23-04; 8:45 am]
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