[Federal Register Volume 70, Number 141 (Monday, July 25, 2005)]
[Rules and Regulations]
[Pages 42495-42499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14601]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R05-OAR-2004-IN-0001; FRL-7930-9]
Approval and Promulgation of Implementation Plans; Indiana
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: On July 9, 2002, the Indiana Department of Environmental
Management (IDEM) submitted a request that EPA approve a revision to
its process weight rate rule into the Indiana State Implementation Plan
(SIP). The revision clarifies rule applicability, corrects incorrect
weights presented in the process weight rate table included in the
rule, allows certain sources to demonstrate compliance with the rule by
adopting and substituting work standard practices, clarifies the
definitions of particulate and particulate matter, and reduces
duplicative recordkeeping requirements contained in the rule. EPA is
approving the State's request.
DATES: This ``direct final'' rule is effective on September 23, 2005,
unless EPA receives adverse written comments by August 24, 2005. If EPA
receives adverse comment, it will publish a timely withdrawal of the
rule in the Federal Register and inform the public that the rule will
not take effect.
Submit comments, identified by Regional Material in EDocket (RME)
ID No. R05-OAR-2004-IN-0001, by one of the following methods: Federal
eRulemaking Portal: http://www.regulations.gov. Follow the on-line
instructions for submitting comments.
Agency Web site: http://docket.epa.gov/rmepub/. Regional RME, EPA's
electronic public docket and comments system, is EPA's preferred method
for receiving comments. Once in the system, select ``quick search,''
then key in the appropriate RME Docket identification number. Follow
the on-line instructions for submitting comments.
E-mail: [email protected].
Fax: (312) 886-5824.
Mail: You may send written comments to: John M. Mooney, Chief,
Criteria Pollutant Section, (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
Hand delivery: Deliver your comments to: John M. Mooney, Chief,
Criteria Pollutant Section, (AR-18J), U.S. Environmental Protection
Agency, Region 5, 77 West Jackson Boulevard, 18th floor, Chicago,
Illinois 60604.
Such deliveries are only accepted during the Regional Office's
normal hours of operation. The Regional Office's 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 RME ID No. R05-OAR-2004-IN-
0001. EPA's policy is that all comments received will be included in
the public docket without change, 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 RME, regulations.gov,
or e-mail. The EPA RME Web site and the federal regulations.gov Web
site are ``anonymous access'' systems, which means EPA will not know
your identity or contact information unless you provide it in the body
of your comment.
[[Page 42496]]
If you send an e-mail comment directly to EPA without going through RME
or regulations.gov, your e-mail 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. For additional instructions on submitting comments, go to
Section I of the SUPPLEMENTARY INFORMATION section of the related
proposed rule which is published in the Proposed Rules section of this
Federal Register.
Docket: All documents in the electronic docket are listed in the
RME index at http://docket.epa.gov/rmepub/. Although listed in the
index, some information is not publicly available, i.e., CBI or other
information whose disclosure is restricted by statute. Publicly
available docket materials are available either electronically in RME
or in hard copy at Environmental Protection Agency, Region 5, Air and
Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604.
We recommend that you telephone Christos Panos, Environmental Engineer,
at (312) 353-8328 before visiting the Region 5 office. This Facility is
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays.
FOR FURTHER INFORMATION CONTACT: Christos Panos, Environmental
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J),
U.S. Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 353-8328;
[email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does This Action Apply to Me?
B. How Can I Get Copies of This Document and Other Related
Information?
C. How and To Whom Do I Submit Comments?
II. What Is the Background for This Action?
III. What Changes Did the State Include in This Sip Revision Request
and What Is EPA's Analysis of These Revisions?
IV. Rulemaking Action
V. Did Indiana Hold a Public Hearing?
VI. Statutory and Executive Order Reviews
I. General Information
A. Does This Action Apply to Me?
This action is rulemaking on a revision to the process weight rate
rules in the Indiana SIP. The rules establish limitations for
particulate emissions from manufacturing processes in Indiana.
B. How Can I Get Copies of This Document and Other Related Information?
1. The Regional Office has established an electronic public
rulemaking file available for inspection at RME under ID No. R05-OAR-
2004-IN-0001, and a hard copy file which is available for inspection at
the Regional Office. The official public file consists of the documents
specifically referenced in this action, any public comments received,
and other information related to this action. Although a part of the
official docket, the public rulemaking file does not include CBI or
other information whose disclosure is restricted by statute. The
official public rulemaking file is the collection of materials that is
available for public viewing at the Air Programs Branch, Air and
Radiation Division, EPA Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604. EPA requests that, if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding
Federal holidays.
2. Electronic Access. You may access this Federal Register document
electronically through the regulations.gov Web site located at http://www.regulations.gov where you can find, review, and submit comments on
Federal rules that have been published in the Federal Register, the
Government's legal newspaper, and that are open for comment.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing at the EPA Regional Office,
as EPA receives them and without change, unless the comment contains
copyrighted material, CBI, or other information whose disclosure is
restricted by statute. When EPA identifies a comment containing
copyrighted material, EPA will provide a reference to that material in
the version of the comment that is placed in the official public
rulemaking file. The entire printed comment, including the copyrighted
material, will be available at the Regional Office for public
inspection.
C. How and To Whom Do I Submit Comments?
You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate rulemaking identification number by including the text
``Public comment on proposed rulemaking Region 5 Air Docket R05-OAR-
2004-IN-0001'' in the subject line on the first page of your comment.
Please ensure that your comments are submitted within the specified
comment period. Comments received after the close of the comment period
will be marked ``late.'' EPA is not required to consider these late
comments.
For detailed instructions on submitting public comments and on what
to consider as you prepare your comments see the ADDRESSES section and
the section I General Information of the SUPPLEMENTARY INFORMATION
section of the related proposed rule which is published in the Proposed
Rules section of this Federal Register.
II. What Is the Background for This Action?
On July 9, 2002, the State of Indiana submitted a requested
revision to the Indiana SIP. These amendments concern Title 326 of the
Indiana Administrative Code (326 IAC) 6-3, the State's process weight
rate rule. The main purposes of the rule amendments were to:
(1) Clarify rule applicability by narrowing the definition of
``process'' to manufacturing processes and by expanding the list of
exempted sources;
(2) Correct incorrect weights presented in the process weight rate
table included in this rule;
(3) Substitute work standard practices for surface coating
manufacturing processes instead of demonstrating compliance with the
emission factor derived from the process weight rate table;
(4) Clarify the definitions of ``particulate'' and ``particulate
matter''; and
(5) Reduce duplicative record keeping requirements.
These changes are discussed in greater detail below.
III. What Changes Did the State Include in This Sip Revision Request
and What Is EPA's Analysis of These Revisions?
Rule 326 IAC 6-3-1 Applicability
In section 1(a), the new term ``manufacturing processes'' has been
[[Page 42497]]
substituted for the term ``process operations'' in the earlier version
of the rule. The term ``manufacturing processes'' is defined to consist
of processes that are associated with the production of a product, as
opposed to things such as maintenance and housekeeping activities.
This definition change clarifies IDEM's original intent in
promulgating the rule. Thus, ``manufacturing process'' encompasses all
of the sources and activities of the former definition of ``process.''
The State made this change to increase the rule's precision and to
distinguish the term ``manufacturing process'' from the term
``process'' in 326 IAC 1-2-58. This revision will neither add to nor
delete sources that are currently subject to 326 IAC Article 6.
Section 1(b) adds additional manufacturing process exemptions for
the following sources: (1) For dip coating, roll coating, flow coating
and brush coating processes subject to the requirements of 326 IAC 11-
1, (2) for welding using less than 635 pounds of rod or wire per day,
(3) for torch cutting using less than 3,400 inches per hour of stock
one inch or less in diameter, (4) for noncontact cooling tower systems,
(5) for applications of aerosol coating products used to repair minor
surface damage and imperfections, (6) for trivial activities as defined
in 326 IAC 2-7-1(40),\1\ (7) for manufacturing processes with potential
emissions less than .0551 pounds per hour, and (8) for surface coating
manufacturing processes not listed in (1) above that use less than 5
gallons per day.
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\1\ This section defines particulate matter emissions with an
aerodynamic diameter less than or equal to ten (10) micrometers
(PM10) and potential uncontrolled emissions that are
equal to or less than one (1) pound per day as trivial.
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All but five of these exemptions are for sources whose emissions
Indiana considers to be ``de minimis,'' i.e., with potential emissions
less than 0.551 pound/hour. Combustion for indirect heating,
incineration, open burning and foundry cupolas are regulated in other
sections of the SIP. According to IDEM, noncontact cooling tower
systems are inherently compliant under the equation used to determine
emission rates in 326 IAC 6-3-2(e).
Revised Section 1(c) states that Rule 326 IAC 6-3-1 shall not apply
if a particulate matter limitation established in a new source permit
or other rule is more stringent.
326 IAC 6-3-1.5 Definitions
This new section of this rule contains definitions for ``aerosol
coating products,'' ``manufacturing process,'' ``particulate,''
``particulate matter'' and ``surface coating.'' These definitions are
to be used if there is a conflict between 326 IAC 6-3 and 326 IAC 1-2.
326 IAC 6-3-2 Particulate Emission Limitations, Work Practices, and
Control Technologies
Revised Section 2(a) states that any manufacturing process listed
in subsections (b) through (d) shall follow the stated work practices
and control technologies. All other manufacturing processes subject to
rule 326 IAC 6-3 shall calculate emission limitations according to
requirements in subsection(e). Subsection (a) also provides for the
calculation of a particulate emission limit based on the following
equation: E=8.6P0.67 for cement manufacturing kilns
commencing operation prior to December 6, 1968 and with process weight
equal to or below 30 tons per hour. If process weight is greater than
30 tons per hour, the emission limit is based on the following
equation: E=15.0P0.50, where E is the Emission rate in
pounds per hour and P is the process weight rate in tons per hour.
Revised Section 2(c) provides that catalytic cracking units
commencing operation prior to December 6, 1968 and equipped with
cyclone separators, electrostatic precipitators or other gas-cleaning
systems shall recover 99.97% or more of the circulating catalyst or
total gas-borne particulate.
Revised Section 2(d) provides that surface coating, reinforced
plastics composites fabricating manufacturing processes and graphic
arts manufacturing processes shall be controlled by a dry particulate
filter, waterwash, or an equivalent control device subject to: (1)
Operation in accordance with manufacturer's specifications; and (2) if
overspray is visibly detected at the exhaust or accumulates on the
ground, the source shall inspect the control device and either repair
it or operate it so that no overspray is visibly detectable. If
overspray is detected, the source shall maintain a record of the action
taken as a result of the inspection, any repairs of the control device,
or change in operations so that overspray is not visibly detected.
These records must be maintained for 5 years. The significant change in
2(d) is that the rule acknowledges that if overspray is detected a
repair may be unnecessary, where an operating change can eliminate the
overspray.
Revised Section 2(d)(3) exempts sources from the requirements of
Section 2(d)(2) so long as they operate according to a valid permit
issued under 326 IAC 2-7, 326 IAC 2-8 or 326 IAC 2-9.
Revised Section 2(d)(4) exempts surface coating manufacturing
processes that use less than five gallons of coating per day, as
defined in 326 IAC 1(b)(15) of this rule. If coating application rates
increase to greater than five gallons per day, at any time, control
devices must be in place. A manufacturing process that is subject to
this subsection shall remain subject to it notwithstanding any
subsequent decrease in gallons of coating used.
Revised Section 2(e) provides that manufacturing processes, to
which control measures listed in subsections (b) through (d) above do
not apply, shall calculate allowable emissions utilizing the process
weight rate table incorporated in this subsection of the rule. The
allowable rate of emission shall be based on the process weight rate
for a manufacturing process. When the process weight rate is less than
100 pounds per hour, the allowable rate of emissions is 0.551 pound per
hour. When the process weight rate exceeds 200 tons per hour, the
allowable emission may exceed that shown in the table, provided the
concentration of particulate in the discharge gasses to the atmosphere
is less than 0.10 pound per 1,000 pounds of gasses.
EPA has reviewed these rule revisions and determined that
incorporating them into the Indiana SIP is appropriate. The changes
made to the rules are minor in scope. They clarify rule applicability,
correct incorrect weights presented in the process weight rate table
included in the rule, allow certain sources to demonstrate compliance
with the rule by adopting and substituting work standard practices,
clarify the definitions of particulate and particulate matter, and
reduce duplicative record keeping requirements contained in the rule.
Indiana did not intend for low-emitting processes to be subject to
the original process weight rule. These source do not jeopardize the PM
National Ambient Air Quality Standards, nor are they subject to
Prevention of Significant Deterioration, New Source Review, or other
State permitting requirements. Applying this rule to such small sources
would impose unreasonable administrative and compliance burdens on
these sources.
IV. Rulemaking Action
For the reasons stated above, EPA approves the incorporation into
the Indiana SIP of 326 IAC 6-3-1, 6-3-1.5 and 6-3-2. We are publishing
this action without prior proposal because we view this as a
noncontroversial
[[Page 42498]]
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 23, 2005 without further notice unless we receive
relevant adverse written comments by August 24, 2005. 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. If we do not receive any
comments, this action will be effective September 23, 2005.
V. Did Indiana Hold a Public Hearing?
The State of Indiana Air Pollution Control Board (Board) held three
public hearings on these rule revisions. Four commenters provided
testimony at the first public hearing held on April 12, 2001. Seven
commenters provided testimony at the second public hearing held on
August 1, 2001. These comments led to revisions of the rule which was
then presented to the Board for final adoption at the third public
hearing held on February 6, 2002. Although two commenters provided
testimony at this hearing, the Board determined that these comments
were previously addressed and warranted no further action.
VI. Statutory and Executive Order Reviews
Executive Order 12866; Regulatory Planning and Review
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.
Executive Order 13211: Actions That Significantly Affect Energy Supply,
Distribution, or Use
Because it is not a ``significant regulatory action'' under
Executive Order 12866 or a ``significant energy action,'' 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).
Regulatory Flexibility Act
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.).
Unfunded Mandates Reform Act
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 (Pub. L. 104-4).
Executive Order 13175 Consultation and Coordination With Indian Tribal
Governments
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 (59
FR 22951, November 9, 2000).
Executive Order 13132 Federalism
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.
Executive Order 13045 Protection of Children From Environmental Health
and Safety Risks
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.
National Technology Transfer Advancement Act
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.
Paperwork Reduction Act
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.).
Congressional Review Act
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. 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 September 23, 2005. 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, Particulate matter, Reporting
and recordkeeping requirements.
[[Page 42499]]
Dated: June 16, 2005.
Margaret Guerriero,
Acting Regional Administrator, Region 5.
0
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]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart P--Indiana
0
2. Section 52.770 is amended by adding paragraph (c)(160) to read as
follows:
Sec. 52.770 Identification of plan.
* * * * *
(c) * * *
(160) On July 9, 2002, Indiana submitted revised process weight
rate rules as a requested revision to the Indiana State Implementation
Plan. The changes clarify rule applicability, correct errors in the
process weight rate table, allow sources to substitute work standard
practices instead of the process weight rate table. They clarify the
definitions of particulate and particulate matter. They also reduce
duplicative recordkeeping.
(i) Incorporation by reference.
(A) Indiana Administrative Code Title 326: Air Pollution Control
Board, Article 6: Particulate Rules Rule 3: Particulate Emission
Limitations for Manufacturing Process. 6-3-1 Applicability, 6-3-1.5
Definitions and 6-3-2 Particulate emission limitations, work practices,
and control technologies. Adopted by the Indiana Air Pollution Control
Board on February 6, 2002. Filed with the Secretary of State May 13,
2002, effective June 12, 2002.
[FR Doc. 05-14601 Filed 7-22-05; 8:45 am]
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