[Federal Register Volume 71, Number 188 (Thursday, September 28, 2006)]
[Notices]
[Pages 56971-56973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-15937]
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ENVIRONMENTAL PROTECTION AGENCY
[IN 168-1; FRL-8224-1]
Approval of the Clean Air Act Section 112(l) Delegation of
National Emission Standards for Hazardous Air Pollutants for Boat
Manufacturing; Indiana
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This document announces that, upon signature of this notice,
EPA approved a request from the Indiana Department of Environmental
Management (IDEM) for delegation of authority to implement and enforce
National Emission Standards for Hazardous Air Pollutants (NESHAP) for
Boat Manufacturing through a state rule which adjusts the maximum
achievable control technology (MACT) standard for boat manufacturing.
Pursuant to the Clean Air Act (CAA) and the NESHAP provisions, states
may seek approval of state rules which make pre-approved adjustments to
a MACT standard if the state rule is unambiguously no less stringent
than the Federal rule. On June 20, 2005, IDEM requested approval to
adjust the NESHAP for boat manufacturing. EPA reviewed this request and
found that it satisfied the requirements for approval under the Federal
provision which allows for delegation of an adjusted NESHAP, ``Approval
of State requirements that adjust a section 112 rule.'' Therefore, upon
the signature of this notice, EPA delegated to IDEM the authority to
implement and enforce the NESHAP for boat manufacturing, through IDEM's
rule for boat manufacturing.
ADDRESSES: The documents relevant to this action are available for
public inspection during normal business hours at the following
address: 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 Federal holidays. We recommend that you telephone Sam
Portanova, Environmental Engineer, at (312) 886-3189 before visiting
the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Sam Portanova, Environmental Engineer,
Air Permits Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 886-3189, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. What Action Is EPA Taking?
II. Under What Authority Is EPA Approving This Delegation?
III. How Does 326 IAC 20-48 Meet the Requirements for Delegation?
IV. What Is the Effect of This Delegation?
I. What Action Is EPA Taking?
Pursuant to section 112(l) of the CAA and 40 CFR 63.92, EPA
approved IDEM's request that EPA delegate the authority to implement
and enforce 40 CFR part 63, subpart VVVV, NESHAP for boat
manufacturing, through Indiana rule 326 IAC 20-48, which adjusts the
Federal boat manufacturing MACT. This approval makes the Indiana rule,
which is unambiguously no less stringent than the Federal MACT,
federally enforceable in Indiana. EPA also approved the delegation of
the applicable Category I authorities for this MACT standard as set
forth at 40 CFR 63.91(g).
II. Under What Authority Is EPA Approving This Delegation?
Pursuant to CAA section 112(l), a state may develop and submit to
EPA for approval a program for the partial or complete delegation of
section 112 rules. EPA may approve state rules or programs which
either: (1) Implement and enforce section 112 rules as promulgated by
EPA (``straight delegation''); (2) implement and enforce state rules
which adjust section 112 rules; (3) implement and enforce state rules
which substitute for section 112 rules. The Federal regulations
governing EPA's approval of state rules or programs under section
112(l) are located at 40 CFR part 63, subpart E.
Currently, IDEM has an EPA-approved program for the straight
delegation of MACT standards. EPA approved IDEM's program of delegation
for part 70 sources on November 14, 1995 (60 FR 57118). EPA approved
IDEM's expansion of its program of delegation to non-part 70 sources on
July 8, 1997 (62 FR 36460). Pursuant to the approved straight
delegation program, EPA has approved the straight delegation of
numerous MACT standards to IDEM (see 62 FR 36460 (7/8/1997), 65 FR
17264 (3/31/2000), 69 FR 22508 (4/26/2004), and 71 FR 2225 (1/13/
2006)).
By letter dated June 20, 2005, IDEM requested approval of
delegation of authority to implement and enforce 40 CFR part 63,
subpart VVVV, the boat manufacturing MACT, through a State rule which
adjusts the MACT standard. The criteria for EPA's approval of state
rules which adjust section 112 rules are set forth at 40 CFR 63.92. In
general, adjustments to section 112 MACT standards must be
unambiguously no less stringent than the Federal rule and be limited to
certain pre-approved matters. More specifically, Section 63.92(b)
requires that the state demonstrate the following: (1) The State
program meets the criteria of section 63.91, which provides for the
straight delegation of section 112 rules; (2) the public has had
adequate notice and opportunity to submit written comment on the state
requirements which adjust the section 112 rule; (3) the adjustment to
the section 112 rule results in requirements that are unequivocally no
less stringent than the Federal rule with respect to: (a)
Applicability; (b) level of control for each affected source and
emission point; (c) compliance and enforcement measures; (d) dates of
compliance. Further, Section 63.92(b)(3) only allows certain pre-
approved adjustments, including the following: (1) Lowering a required
emission rate; (2) adding a design, work practice, operational
standard; (3) increasing a required control efficiency; (4) increasing
the frequency of required
[[Page 56972]]
reporting, testing, sampling or monitoring.
If the above criteria are met, EPA will approve the delegation of a
MACT standard through a state rule which adjusts the standard. Because
EPA has previously noticed and provided opportunity for comment on the
adjustment procedure, including the list of allowable adjustments, no
further notice or opportunity for comment is required. See 58 FR 62262
(November 26, 1993). The delegation is effective upon the signature of
the Federal Register notice. CAA section 63.92(a)(3). See 65 FR 55837
(September 14, 2000)
III. How Does 326 IAC 20-48 Meet the Requirements for Delegation?
IDEM's boat manufacturing rule incorporates by reference the
majority of the provisions of the Federal boat manufacturing NESHAP.
However, IDEM's rule adjusts certain provisions of the Federal boat
manufacturing NESHAP. As shown below, IDEM has demonstrated that its
adjustments are unequivocally no less stringent than the Federal MACT
provisions. The adjustments meet the criteria set forth in 40 CFR
63.92(b) for state rules which adjust a MACT standard.
A. The Boat Manufacturing NESHAP
The boat manufacturing MACT, which IDEM seeks to adjust, was
proposed in the Federal Register on July 14, 2000 (65 FR 43841) and
promulgated on August 22, 2001 (66 FR 44232). EPA published a
correction to this notice on October 3, 2001 (66 FR 50504).
In general, the NESHAP for boat manufacturing facilities
establishes emission standards for new and existing boat manufacturing
facilities with resin and gel coat operations, carpet and fabric
adhesive operations, or aluminum recreational boat surface coating
operations.
B. How Does the State Program Meet the Requirements of 40 CFR 63.91?
40 CFR 63.92(b) provides that a state which seeks delegation of the
authority to implement and enforce a Section 112 rule through a state
rule which adjusts the Federal rule must first meet the criteria of 40
CFR 63.91(d). 40 CFR 63.91(d) sets forth the ``up-front'' approval
requirements for the ``straight'' delegation of Federal MACT standards
as promulgated. Once approved, a state need only reference the earlier
approval of the criteria. Based on prior program submittals and
approvals for IDEM's Title V air permit and Section 112 delegation
program, IDEM has met the requirements specified in 40 CFR 63.91(d).
C. How Does the State Demonstrate That the Public Has Had Adequate
Notice and Opportunity To Submit Written Comments on the State
Requirements?
40 CFR 63.92(b)(1) requires that a state seeking delegation under
this section demonstrate that the public has had adequate notice and
opportunity to comment on the state requirements. Title 13 of the
Indiana Code (IC) contains statutory requirements for the environmental
rulemaking process. IC 13-14-9 specifies requirements for providing
opportunities for public comment during this process. Opportunities for
comment were made available through two published notices for comment
and two public hearings. Therefore, IDEM has met the requirements of 40
CFR 63.92(b)(1).
D. How Does the State Demonstrate That the Adjustments Pertain to
Certain Pre-Approved Matters and Are Unequivocally No Less Stringent
Than the Federal Rule?
40 CFR 63.92(b)(2) requires that each state adjustment to a Federal
Section 112 rule be unequivocally no less stringent than the Federal
rule with respect to: Applicability; level of control for each affected
source and emission point; compliance and enforcement measures; and
compliance dates. Further, 40 CFR 63.92(b)(3) identifies those limited
areas in which Federal Section 112 rules can be adjusted. Those limited
adjustments include: Lowering a required emission rate; adding a
design, work practice, operational standard, emission rate or other
such requirement; increasing the frequency of required reporting,
testing, sampling or monitoring.
IDEM incorporated by reference the provisions of 40 CFR part 63,
subpart VVVV, as promulgated, except for certain limited provisions
which are allowable adjustments under 40 CFR 63.92(b)(3). As described
below, IDEM has demonstrated that those provisions that were adjusted
meet the criteria of 63.92(b)(2) and (3).
1. How are the State emission limit adjustments unequivocally no less
stringent than the MACT standard?
Table 2 of subpart VVVV includes the following limits:
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You must not exceed
And this this weighted-average
For this operation-- application organic HAP content
method-- (weight percent)
requirement--
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Pigmented gel coat operations Any method...... 33
Clear gel coat operations.... Any method...... 48
Tooling gel coat operations.. Any method...... 40
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326 IAC 20-48-2 adjusts these limits as follows:
------------------------------------------------------------------------
You must not exceed
And this this weighted-average
For this operation-- application organic HAP content
method-- (weight percent)
requirement--
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Pigmented gel coat operations Atomized (spray) 33
Clear gel coat operations.... Atomized (spray) 48
Tooling gel coat operations.. Atomized (spray) 40
Pigmented gel coat operations Nonatomized 40
(nonspray).
Clear gel coat operations.... Nonatomized 55
(nonspray).
Tooling gel coat operations.. Nonatomized 54
(nonspray).
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[[Page 56973]]
When EPA developed the boat manufacturing NESHAP, it was not
possible to apply gel coat using a nonatomized application method.
Since the rule was promulgated, such technology has been developed.
Nonatomized application has shown significant emissions reductions from
atomized application methods.
The Indiana rule provides an incentive for the usage of nonatomized
application technology by providing a higher allowable HAP content in
gel coats. Despite the higher allowable HAP content, the requirement to
use nonatomized application technology will result in a lower level of
HAP emissions. This is demonstrated in the following table:
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Emission Nonatomized Emission
Atomized limit factor (lbs/ limit factor (lb/
(percent) ton) \1\ (percent) ton) \1\
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Pigmented....................................... 33 294 40 259
Clear........................................... 48 605 55 395
Tooling......................................... 40 439 54 386
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\1\ Calculated using the Unified Emission Factors for Open Molding Composites.
Therefore, Indiana's emission limit adjustments are unequivocally
no less stringent than the Federal rule.
In addition to the emission limit adjustments, the Indiana rule
(326 IAC 20-48-1(d)) lists the following references or methods to
estimate emissions:
(1) ``Unified Emission Factors for Open Molding Composites,'' July
2001 (except use of controlled spray emission factors must be approved
by the IDEM commissioner and U.S. EPA);
(2) ``Compilation of Air Pollution Emission Factors AP-42,'' as
defined in 326 IAC 1-2-20.5 (except emissions from hand layup and spray
layup operations must be calculated using emission factors referenced
in (1) above or site-specific values using information in (3) below);
(3) Site-specific values or other means of quantification provided
the site-specific values and the emission factors are acceptable to the
IDEM commission and U.S. EPA.
This rule adjustment does not create a credible evidence issue
because it includes language to allow ``other means of quantification''
if necessary. Therefore, this adjustment is unequivocally no less
stringent than the Federal rule.
2. How are the State adjustments which add work practice standards and
operator training requirements unequivocally no less stringent than the
MACT standard?
The Indiana rule (326 IAC 20-48-3) adds work practice standards
that are not included in the Federal NESHAP. The work practice
standards in the Indiana rule address nonatomized spray equipment,
solvents sprayed during clean up and resin changes, routine flushing of
application equipment, and use of closed containers. All provisions
listed in 326 IAC 20-48-3 are unequivocally no less stringent than the
Federal NESHAP.
The Indiana rule (326 IAC 20-48-4) adds operator training
requirements that are not included in the Federal NESHAP. The training
requirements apply to personnel involved in resin and gel coat spraying
and applications that could result in excess emissions if performed
improperly. This section also requires the maintenance of training
records on site. All provisions in 326 IAC 20-48-4 are unequivocally no
less stringent than the Federal NESHAP.
IV. What Is the Effect of This Delegation?
On September 19, 2006, EPA approved IDEM's request to delegate the
authority to implement and enforce 40 CFR part 63, subpart VVVV,
through 326 IAC 20-48, which adjusts the boat manufacturing MACT. EPA
also approved the delegation of the applicable Category I authorities
as set forth at 40 CFR section 63.91(g).
All notifications, reports and other correspondence required under
40 CFR, part 63, subpart VVVV, as adjusted by 326 IAC 20-48, 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.
Pursuant to Section 112(l)(7) of the CAA, nothing in this
delegation prohibits EPA from enforcing any applicable emission
standard or requirement. The boat manufacturing MACT, 40 CFR part 63,
subpart VVVV, as adjusted by 326 IAC 20-48 is federally enforceable.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 19, 2006.
Gary Gulezian,
Acting Regional Administrator, Region 5.
[FR Doc. E6-15937 Filed 9-27-06; 8:45 am]
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