[Federal Register Volume 75, Number 9 (Thursday, January 14, 2010)]
[Proposed Rules]
[Pages 2090-2091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-619]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2009-0513; FRL-9103-1]
Approval and Promulgation of Air Quality Implementation Plans;
Indiana; Volatile Organic Compound Automobile Refinishing Rules for
Indiana
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: On June 5, 2009, the Indiana Department of Environmental
Management (IDEM) submitted amendments to Indiana's automobile
refinishing rule for approval into its State Implementation Plan (SIP).
These rule revisions extend the applicability of Indiana's approved
volatile organic compound (VOC) automobile refinishing rules to all
persons in Indiana who sell or manufacture automobile refinishing
coatings or who refinish motor vehicles. The rules are approvable
because they are consistent with the Clean Air Act (Act) and EPA
regulations, and should result in additional VOC emission reductions
throughout Indiana.
DATES: Comments must be received on or before February 16, 2010.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2009-0513, by one of the following methods:
1. http://www.regulations.gov: Follow the online instructions for
submitting comments.
2. E-mail: [email protected].
3. Fax: (312) 692-2551.
4. Mail: John M. Mooney, Chief, Criteria Pollutant Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: John M. Mooney, Chief, Criteria Pollutant
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such
deliveries are only accepted during the regional office normal hours of
operation, and special arrangements should be made for deliveries of
boxed information. The regional office 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 Docket ID No. EPA-R05-OAR-
2009-0513. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, 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 http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.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 and 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
this document.
Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://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 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.
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 Should I Consider as I Prepare My Comments for EPA?
II. What Action Is EPA Taking Today and What Is the Purpose of This
Action?
III. What Is EPA's Analysis of Indiana's Automobile Refinishing
Rule?
IV. Statutory and Executive Order Reviews
I. What Should I Consider as I Prepare My Comments for EPA?
When submitting comments, remember to:
1. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
2. Follow directions--The EPA may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
3. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
4. Describe any assumptions and provide any technical information
and/or data that you used.
5. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
6. Provide specific examples to illustrate your concerns, and
suggest alternatives.
7. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
8. Make sure to submit your comments by the comment period deadline
identified.
II. What Action Is EPA Taking Today and What Is the Purpose of This
Action?
EPA is proposing to approve rule revisions that broaden the
coverage of Indiana's VOC automobile refinishing SIP rules to include
to all persons in Indiana who sell or manufacture automobile
refinishing coatings or who refinish motor vehicles. Given the revised
rule's focus on VOC coating limitations and work practice standards,
Indiana has also deleted references to control technology requirements.
[[Page 2091]]
III. What Is EPA's Analysis of Indiana's Automobile Refinishing Rule?
Background of Rule and Its Revisions
EPA issued National VOC Emission Standards for Automobile
Refinishing Coatings at 40 CFR part 59, subpart B, on September 11,
1998 (64 FR 48815, as amended at 69 FR 18803, April 9, 2004),
promulgated under the Consumer and Commercial Products provisions of
section 183(e) of the Act. The VOC emission limits in this rule apply
nationwide to manufacturers and importers of automobile refinishing
coatings or coating components that sell or distribute these coatings
in the United States.
On December 20, 1999, EPA approved 326 IAC 8-10, in which Indiana
adopted the requirements in EPA's national rule, but applied its
requirements to the sale of automobile refinishing coatings and the
owners and operators of automobile refinishing facilities. Indiana's
SIP rule also contains additional work practice standards that reduce
VOC emissions by specifying acceptable methods of spray gun cleaning,
the type of application equipment that can be used (which reduces the
amount of overspray) and housekeeping practices (such as storing VOC-
containing materials in closed containers) that reduce VOC emissions.
The revised rules submitted by Indiana expand the applicability of
the previously approved rules from Clark, Floyd, Lake, Porter and
Vanderburgh Counties to all of Indiana.
Analysis of Rule and Its Revisions
The revisions to Indiana's automobile refinishing rule, 326 IAC 8-
10, are approvable because they are consistent with the Act and
applicable EPA regulations, and should result in additional VOC
emission reductions. A description of the rule revisions follows:
326 IAC 8-10-1 Applicability--This section has been revised so that
after June 1, 2009, it applies to any person who sells automobile
refinishing coatings or refinishes motor vehicles in all Indiana
counties.
326 IAC 8-10-2 Definitions--The definitions of ``control device,''
``control device efficiency'' and ``control system'' have been deleted
from this section because those terms are no longer used in this rule.
A few other minor editorial and clarifying revisions have also been
made.
326 IAC 8-10-3 Requirements--This section expands the applicability
of the control requirements to all of Indiana and eliminates
requirements that had specifically applied to only Vanderburgh County.
326 IAC 8-10-4 Means to limit VOC emissions--This section specifies
the VOC limits that must be met by the owners or operators of a
refinishing facility. It has been revised to eliminate the use of add-
on control systems as a compliance option. This compliance option is
not necessary because VOC content limits are more appropriate for
automobile refinishing facilities than add-on control devices.
326 IAC 8-10-5 Work Practice Standards and 326 IAC 8-10-6
Compliance procedures have not been substantively revised.
326 IAC 8-10-7 Test procedures and 326 IAC 8-10-9 Recordkeeping and
reporting--These sections have been revised primarily by removing the
testing, recordkeeping and reporting requirements applicable to control
devices. A new section, 326 IAC 8-10-9(e), has been added which
requires the owners or operators of refinishing facilities subject to
this rule to report any incidence in which a noncompliant coating was
used within thirty days.
IV. Statutory and Executive Order Reviews
Under the Act, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the Act. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
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);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: December 30, 2009.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. 2010-619 Filed 1-13-10; 8:45 am]
BILLING CODE 6560-50-P