[Federal Register: December 31, 2002 (Volume 67, Number 251)]
[Rules and Regulations]
[Page 79859-79861]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31de02-13]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IN129-1a; FRL-57413-5]
Approval and Promulgation of Implementation Plans; Indiana
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: On April 3, 2000, the Indiana Department of Environmental
Management (IDEM) submitted a site-specific State Implementation Plan
(SIP) revision request concerning volatile organic compound (VOC)
reasonably available control technology (RACT) requirements for the
Naval Surface Warfare Center, Crane Division (NSWC Crane) in Crane,
Indiana. The SIP submission allows the Department of the Navy to use
military specification coatings containing a VOC content of up to 5.45
pounds per gallon for the painting operations in Building 2728 at NSWC
Crane. This rulemaking action approves, using the direct final process,
the Indiana SIP revision request.
DATES: This rule is effective on March 3, 2003, unless EPA receives
adverse written comments by January 30, 2003. If adverse comment is
received, EPA will publish a timely withdrawal of the rule in the
Federal Register and inform the public that the rule will not take
effect.
ADDRESSES: Written comments should be sent to: J. Elmer Bortzer, Chief,
Regulation Development Section, Air Programs Branch (AR-18J), U.S.
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago,
Illinois 60604.
Copies of this SIP revision request are available for public
inspection during normal business hours at the following address: U.S.
Environmental Protection Agency, Region 5, Air and Radiation Division,
77 West Jackson Boulevard, Chicago, Illinois 60604. (It is recommended
that you telephone Francisco J. Acevedo at (312) 886-6061 before
visiting the Region 5 Office.)
FOR FURTHER INFORMATION CONTACT: Francisco J. Acevedo, Regulation
Development Section, Air Programs Branch (AR-18J), U.S. Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, Telephone: (312)886-6061, E-mail:
acevedo.francisco@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``you''
and ``me'' refer to the reader of this rulemaking and to sources
subject
[[Page 79860]]
to the State rule addressed by this proposed rulemaking, and the terms
``we,'' ``us,'' or ``our'' refer to the EPA.
A. What Action Is EPA Taking?
B. Why is EPA Taking This Action?
C. How Does This Action Change Pollution Control Requirements
for NSWC Crane?
D. How Did EPA Make This Determination?
E. Will This Action Adversely Impact Air Quality in the Area?
F. What Is EPA's Final Determination?
A. What Action Is EPA Taking?
EPA is approving a revision to Indiana's SIP to allow the
Department of the Navy to use military specification coatings
containing a VOC content up to 5.45 pounds of VOC per gallon of coating
less water for the projectile renovations operations in Building 2728
at NSWC Crane.
B. Why Is EPA Taking This Action?
SIP rule 326 IAC 8-2-9 (General Provisions Relating to VOC Rules:
Miscellaneous Metal Coating Operations) generally prohibits
miscellaneous metal coating operations from using coatings with a VOC
content greater than 3.5 pounds of VOC per gallon of coating less
water. NSWC Crane submitted a petition to the Commissioner of IDEM on
July 13, 1999 requesting the use of military specification coatings
containing a VOC content greater than 3.5 pounds per gallon. NSWC Crane
requested the change because it could not locate any low VOC substitute
that would meet the military specification TT-E-516, TT-P-664D, or TT-
T-306 requirements. These coatings are required to meet the performance
specifications for coating of the military projectiles currently
manufactured at NSWC Crane.
According to 326 IAC 8-1-7 (General Provisions Relating to VOC
Rules: Military Specifications), if emission limitations established in
326 IAC Article 8 (General Provisions Relating to VOC) conflict with
military specifications, the owner or operator of the source may
petition the Commissioner of IDEM to have military specifications be
the controlling limitation. If the Commissioner approves the petition,
the modified limitation shall be submitted to EPA as a SIP revision.
IDEM evaluated the petition for military specifications and the
proposed SIP limit of 5.45 pounds of VOC per coating less water. The
coatings that NSWC Crane is currently using meet the requirements of
Composition L, which according to the corresponding Military
Specifications is the low-VOC version of these materials. Based on the
Material Safety Data Sheets for the materials used in this operation,
IDEM calculated that the VOC content for all the coatings used ranged
from 4.88 to 5.45 pounds of VOC per coating less water. Therefore, the
5.45 pounds of VOC per coating less water is the highest allowable
limit which will enable all coatings in this operation to be in
compliance.
On April 3, 2000, IDEM submitted to EPA the modified limitations as
a revision to the SIP. NSWC Crane submitted additional information on
October 18, 2001 and June 28, 2002, in response to requests for
additional justification from IDEM and EPA. In this notice, we are
taking action to approve the submittal.
C. How Does This Action Change Pollution Control Requirements for NSWC
Crane?
In the early 1990s Indiana adopted RACT regulations for the entire
State. We approved these regulations and incorporated them into
Indiana's SIP for ozone (40 CFR 52.770). NSWC Crane manufactures
ammunition, rockets and other military ordinances and, under these
rules, is subject to a limit of 3.5 pounds of VOC per gallon of coating
less water for coatings used on military projectiles.
Our approval of alternate control requirements for NSWC Crane
exempts the painting operations in Building 2728 from the 3.5 pounds of
VOC per gallon of coating limit required for any miscellaneous metal
coating operation and will allow the use of military specification
coatings, containing a VOC limit of up to 5.45 pounds of VOC per gallon
of coating less water.
D. How Did EPA Make This Determination?
EPA reviewed the military specifications provided by NSWC Crane and
submitted by IDEM, and independently investigated the availability of
alternate coatings. EPA has determined that there are currently no
approved alternative coatings available that meet the military
specifications for the 155mm projectiles painted at NSWC Crane.
In making this determination, EPA consulted with the Armament
Research Development and Engineering Center (ARDEC), in Picatinny, NJ,
the agency responsible for identifying the paint requirements for the
155mm projectiles used at NSWC Crane. ARDEC is currently executing a
low-VOC ammunition coating project to address the environmental coating
issue at the NSWC Crane facility and is in the process of testing VOC
compliant coatings to determine if they will comply with military
specifications used at NSWC Crane. The laboratory testing phase of
selected VOC compliant coating candidates was completed this summer and
the next phase consists of field testing selected coatings to determine
if they meet the specifications. Once ARDEC identifies that complying
coatings are available, NSWC Crane will need to modify its operations
to allow for the use of coatings complying with the 3.5 pounds of VOC
per gallon of coating less water.
E. Will This Action Adversely Impact Air Quality in the Area?
NSWC Crane is located in Martin County which is designated as
attainment for ozone. All available monitoring data indicates that the
area is in attainment of the 1-hour standard and regional modeling
indicates that the area will meet the 8-hour standard when Indiana's
nitrogen oxide rule is in effect. Since 1999, NSWC Crane has been
operating under a State-approved variance which allows emissions
equivalent to the emissions allowed under the SIP revision that we are
approving with this action. Consequently, our approval of the alternate
control requirements for NSWC Crane should not interfere with
attainment or continued maintenance of the ozone standard.
F. What Is EPA's Final Determination?
Based on the rationale set forth above, we are approving a revision
to the VOC control requirements for the painting operations in Building
2728 at NSWC Crane. Our approval of this revision makes federally
enforceable the portion of the State's October 12, 1999, Significant
Source Modification No. SSM101-11153-00005, which establishes alternate
control requirements for NSWC Crane.
We are publishing this action without prior proposal because we
view this as a noncontroversial revision and anticipate no adverse
comments. However, in a separate document in this Federal Register
publication, we are proposing to approve the SIP revision should
adverse written comments be filed. This action will be effective
without further notice unless we receive relevant adverse written
comment by January 30, 2003. Should we receive such comments, we will
publish a final rule informing the public that this action will not
take effect. Any parties interested in commenting on this action should
do so at this time. If no such comments are received, this action will
be effective on March 3, 2003.
[[Page 79861]]
Administrative Requirements
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. For this
reason, 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). 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.). 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).
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). 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 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. 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.
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. 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.).
The Congressional Review Act, 5 U.S.C. section 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. Section 804 exempts from section 801 the
following types of rules: (1) Rules of particular applicability; (2)
rules relating to agency management or personnel; and (3) rules of
agency organization, procedure, or practice that do not substantially
affect the rights or obligations of non-agency parties. 5 U.S.C.
804(3). EPA is not required to submit a rule report regarding this
action under section 801 because this is a rule of particular
applicability.
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 March 3, 2003. 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, Hazardous air
pollutants, Incorporation by reference, Volatile organic compounds,
Ozone.
Dated: November 14, 2002.
Bharat Mathur,
Acting Regional Administrator, Region 5.
For the reasons stated in the preamble, part 52, chapter I, title
40 of the Code of Federal Regulations is amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart P--Indiana
2. Section 52.770 is amended by adding paragraph (c)(156) to read
as follows:
Sec. 52.770 Identification of plan.
* * * * *
(c) * * *
(156) On April 3, 2000 the State submitted a revision to Indiana's
State Implementation Plan to allow the Department of the Navy use of
military specification coatings containing volatile organic compound
(VOC) control requirements with content up to 5.45 pounds of VOC per
gallon of coating less water for the projectile renovations operations
in Building 2728 at the Naval Surface Warfare Center, Crane Division.
(i) Incorporation by reference.
(A) Part 70 Significant Source Modification No.: 101-11153-00005 as
issued by the Indiana Air Pollution Control Board on October 12, 1999.
[FR Doc. 02-31669 Filed 12-30-02; 8:45 am]
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