[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.
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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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