[Federal Register Volume 72, Number 113 (Wednesday, June 13, 2007)]
[Rules and Regulations]
[Pages 32531-32533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-11290]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2006-0716; FRL-8319-8]
Approval and Promulgation of Air Quality Implementation Plans;
Indiana; Exemption from VOC Requirements for Sources Subject to the
National Emission Standards for Hazardous Air Pollutants for Boat
Manufacturing or Reinforced Plastics Composites Manufacturing
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is approving a revision to the Indiana Department of
Environmental Management's (IDEM) volatile organic compound (VOC) rules
for new facilities into the Indiana State Implementation Plan (SIP).
This revised rule, submitted by IDEM on July 17, 2006, exempts
facilities subject to the boat manufacturing and reinforced plastics
composites production national emission standards for hazardous air
pollutants (NESHAPS) from the requirement to do a case-by-case State
Best Available Control Technology (BACT) analysis under the Indiana
SIP, provided that they comply with the applicable NESHAPS. This rule
revision is approvable because the only hazardous air pollutant covered
by these NESHAPS rules is styrene, a toxic substance which is also
classified as a VOC. Therefore, the VOC control requirements in these
rules are always applicable. In addition, the provisions in these rules
are enforceable and result in a clearly defined level of VOC reductions
dependent upon the specific type of operation. These rules were
proposed for approval on January 25, 2007, and comments were received
supporting EPA's approval.
DATES: This final rule is effective on July 13, 2007.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2006-0716. All documents in the docket are listed on
the www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the Internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
electronically through
[[Page 32532]]
www.regulations.gov or in hard copy at the 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 Steven Rosenthal, Environmental
Engineer, at (312) 886-6052 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Steven Rosenthal, Environmental
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886-6052, [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 Public Comments Were Received on the Proposed Approval and
What is EPA's Response?
II. What Action is EPA Taking and What is the Reason for this
Action?
III. Statutory and Executive Order Reviews
I. What Public Comments Were Received on the Proposed Approval and What
Is EPA's Response?
Comment: EPA received one comment on its January 25, 2007 proposal.
The American Composites Manufacturers Association (ACMA) stated that it
agreed with EPA that the VOC emissions from these facilities are
subject under the NESHAPS to enforceable emission reductions, and added
that an additional requirement to comply with the SIP VOC rules would
place a redundant and unnecessary administrative burden on both the
facilities and Indiana. ACMA referenced a study conducted for it in
2003 that concluded that a facility that meets the NESHAPS requirements
would also comply with VOC SIP requirements, including lowest
achievable emission rate (LAER), BACT and reasonably available control
technology (RACT). ACMA strongly supports EPA's approval of this
proposed amendment to the Indiana SIP.
EPA response: Although ACMA stated its strong support for EPA
approval of this exemption for new sources subject to the boat
manufacturing and reinforced plastic composites production NESHAPS, it
claimed that a facility meeting the NESHAPS requirements would also
meet LAER, BACT and RACT. LAER is the new source control requirement
for nonattainment areas, as required by 326 IAC 2-3 (Nonattainment New
Source Review). Best available control technology, in the context of
ACMA's comment, appears to refer to the new source control requirement
for attainment areas, as required by 326 IAC 2-2 (Prevention of
Significant Deterioration). (Please note that this is not the same BACT
analysis performed by the State under SIP rule 326 IAC 8-1-6). RACT is
the VOC control SIP requirement for existing sources in ozone
nonattainment areas.
In contrast to NESHAPS requirements, LAER and BACT are the result
of case-by-case analyses which, as new and improved control
technologies are introduced, tend to become more stringent over time.
EPA has established a presumptive norm for RACT for a number of source
categories, not including boat manufacturing and reinforced plastic
composites production. For these other categories, RACT is a case-by-
case analysis based upon the technical and economic feasibility of
control, in contrast to the subject NESHAPS, which were based upon a
set of industry average parameters.
II. What Action Is EPA Taking and What Is the Reason for This Action?
EPA is approving Indiana's revision to its SIP consisting of an
amendment to 326 IAC 8-1-6, new facilities; general reduction
requirements. This rule exempts boat manufacturers subject to 326 IAC
20-48, NESHAPS for boat manufacturing, or reinforced plastics
composites manufacturers subject to 326 IAC 20-56, NESHAPS for
reinforced plastics composites production facilities, from the
requirement to do a case-by-case State BACT analysis, for the purposes
of 326 IAC 8-1-6, provided they comply with the applicable NESHAPS.
Previously, new boat manufacturing or reinforced plastics composites
manufacturing facilities with potential emissions of 25 tons or more
per year of VOC were required to reduce VOC emissions by using BACT
under 326 IAC 8-1-6. In this case, establishing specific standards in
place of a case-by-case analysis improves the clarity, predictability,
and timeliness of permit decisions that are currently subject to 326
IAC 8-1-6.
It should be noted, however, that approval of this exemption to 326
IAC 8-1-6 does not address (or take action on) whether the boat
manufacturing or reinforced plastics composites production NESHAPS
represent RACT, BACT (under PSD) or LAER (under Nonattainment New
Source Review).
III. 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 Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
Because it is not a ``significant regulatory action'' under
Executive Order 12866 or a ``significant regulatory 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 (65
FR 67249, 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
[[Page 32533]]
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 August 13, 2007. 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, Intergovernmental
relations, Incorporation by reference, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: May 18, 2007.
Gary Gulezian,
Acting Regional Administrator, Region 5.
0
For the reasons stated in the preamble, part 52, chapter I, of 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) (179) to read as
follows:
Sec. 52.770 Identification of plan.
* * * * *
(c) * * *
(179) On July 17, 2006, Indiana submitted final adopted revisions,
which add 326 IAC 8-1-6 (3)(B) and (C), to its VOC rules for new
facilities in 326 IAC 8-1-6 as a requested revision to the Indiana
state implementation plan. EPA is approving these revisions, which
exempt boat manufacturers subject to NESHAPS for boat manufacturing, or
reinforced plastics composites manufacturers subject to NESHAPS for
reinforced composites production facilities, from the requirement to do
a best available control technology analysis provided they comply with
the applicable NESHAPS.
(i) Incorporation by reference.
(A) Indiana Administrative Code Title 326: Air Pollution Control
Board, Article 8: Volatile Organic Compound Rules, Rule 1: General
Provisions, Section 6: New facilities; general reduction requirements.
Final adopted by the Air Pollution Control Board on March 1, 2006.
Filed with the Secretary of State on May 25, 2006, and became effective
June 23, 2006. Published in the Indiana Register on July 1, 2006 (29 IR
3350).
[FR Doc. E7-11290 Filed 6-12-07; 8:45 am]
BILLING CODE 6560-50-P