[Federal Register Volume 71, Number 188 (Thursday, September 28, 2006)]
[Notices]
[Pages 56973-56975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-15934]


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ENVIRONMENTAL PROTECTION AGENCY

[IN 169-1; FRL-8224-2]


Approval of the Clean Air Act Section 112(l) Delegation of 
National Emission Standards for Hazardous Air Pollutants for Reinforced 
Plastic Composites Production; 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 
the National Emission Standards for Hazardous Air Pollutants (NESHAP) 
for reinforced plastic composites production through a State rule which 
adjusts the maximum achievable control technology (MACT) standard for 
reinforced plastic composites production. 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 
reinforced plastic composites production. 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 reinforced plastic composites 
production, through IDEM's rule for reinforced plastic composites 
production.

[[Page 56974]]


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 20-56 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 WWWW, NESHAP for reinforced plastic 
composites production, through Indiana rule 326 IAC 20-56, which 
adjusts the Federal reinforced plastic composites production 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 WWWW, the reinforced plastic composites production 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 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 20-56 Meet the Requirements for Delegation?

    IDEM's reinforced plastic composites production rule incorporates 
by reference the provisions of the Federal reinforced plastic 
composites production NESHAP. However, IDEM's rule adjusts the standard 
by adding certain provisions that are not included in the Federal 
reinforced plastic composites production 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 Reinforced Plastic Composites Production NESHAP

    The reinforced plastic composites production MACT, which IDEM seeks 
to adjust, was proposed in the Federal Register on August 2, 2001 (66 
FR 40323) and promulgated on April 21, 2003 (68 FR 19375). EPA 
published a rule amendment to this NESHAP on August 25, 2005 (70 FR 
50117).
    In general, the NESHAP for reinforced plastic composites production 
facilities regulates production and ancillary processes used to 
manufacture products with thermoset resins and gel coats.

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

[[Page 56975]]

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 WWWW, as promulgated, except to add 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).
    326 IAC 20-56-1 incorporates by reference 40 CFR part 63, subpart 
WWWW. 326 IAC 20-56-2 adds operator training requirements that are not 
included in the Federal NESHAP for sources subject to subpart WWWW. 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. These training requirements are the only rule 
adjustments to the Federal NESHAP. The provisions in 326 IAC 20-56-2 
are more stringent than the Federal NESHAP and are acceptable as a rule 
adjustment.

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 WWWW, 
through 326 IAC 20-56, which adjusts the reinforced plastic composites 
production 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 WWWW, as adjusted by 326 IAC 20-56, 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 reinforced plastic composites production 
MACT, 40 CFR part 63, subpart WWWW, as adjusted by 326 IAC 20-56, is 
federally enforceable.

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

    Date: September 19, 2006.
Gary Gulezian,
Acting Regional Administrator, Region 5.
 [FR Doc. E6-15934 Filed 9-27-06; 8:45 am]
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