[Federal Register: January 25, 2007 (Volume 72, Number 16)]
[Proposed Rules]
[Page 3377-3379]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25ja07-20]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2006-0716; FRL-8273-2]
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: Proposed rule.
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SUMMARY: On July 17, 2006, the Indiana Department of Environmental
Management (IDEM) submitted an amendment to its volatile organic
compound (VOC) rules for new facilities for approval into the Indiana
State Implementation Plan (SIP). This amended rule exempts facilities
subject to the boat manufacturing and reinforced plastics composites
production national emission standards for hazardous air pollutants
(NESHAPS) from the Indiana SIP. This rule revision is approvable
because the hazardous air pollutant covered by these NESHAPS rules is
styrene, which is always used and is also 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.
DATES: Comments must be received on or before February 26, 2007.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2006-0716, by one of the following methods:
[[Page 3378]]
1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: mooney.john@epa.gov.
3. Fax: (312)886-5824.
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-
2006-0716. 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, 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 AM
to 4:30 PM, Monday through Friday, excluding legal 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, rosenthal.steven@epa.gov.
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 Is the Purpose and Background for This Action?
III. What Is EPA's Analysis of Indiana's Rule Amendment?
IV. What Action Is EPA Taking Today?
V. 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 Is the Purpose and Background for This Action?
Currently, new facilities not regulated by a provision in 326 IAC
Article 8 (Indiana's VOC Rules) and which have potential emissions of
25 tons or more per year of VOC are required to reduce VOC emissions by
using best available control technology (BACT) under 326 IAC 8-1-6 (new
facilities: general reduction requirements). Establishing BACT is a
case-by-case determination based on the maximum reduction that is
technically feasible, while taking into account energy, environmental
and economic impact. Establishing specific standards in place of case-
by-case analyses improves the clarity, predictability, and timeliness
of permit decisions that are currently subject to 326 IAC 8-1-6.
Styrene is classified as both a hazardous air pollutant (HAP) and a
VOC and is the predominant regulated air pollutant from sources subject
to 326 IAC 20-48, which incorporates by reference 40 CFR part 63,
Subpart VVVV (Boat manufacturing), and 326 IAC 20-56, which
incorporates by reference 40 CFR part 63, Subpart WWWW (Reinforced
Plastics Composites production). Numerous case-by-case BACT analyses
for sources subject to 326 IAC 20-48 or 326 IAC 20-56 have been
submitted to, and approved by, IDEM. These analyses establish that the
emission limitation in the applicable NESHAP satisfies the requirement
for BACT. However, 326 IAC 8-1-6 requires the applicant to compile the
energy, environmental, and economic analyses of alternative controls,
and IDEM staff must review and approve those analyses. For sources
subject to 326 IAC 20-48 or 326 IAC 20-56, this rulemaking will reduce
the administrative burden for both the applicant and IDEM, since
compliance with the applicable NESHAPS will assure that BACT
requirements have been addressed and met.
Therefore, in order to make its BACT process more efficient, on
July 17, 2006, Indiana submitted exemptions to its new facilities,
general reduction requirements rule in 326 IAC 8-1-6.
III. What Is EPA's Analysis of Indiana's Rule Amendment?
This rule revision is approvable because the Hazardous Air
Pollutant (styrene) covered by these NESHAPS
[[Page 3379]]
rules is a VOC, and the provisions in these rules are enforceable and
result in specified VOC reductions dependent upon the specific type of
operation.
IV. What Action Is EPA Taking Today?
EPA is proposing to approve Indiana's amendment 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 BACT analysis, for the purposes of 326 IAC 8-1-6,
provided they comply with the applicable NESHAPS.
However, any approval of this exemption to 326 IAC 8-1-6 would not
address (or take action on) whether the boat manufacturing or
reinforced plastics composites production NESHAPS represent reasonably
available control technology, which is the level of control required by
EPA for existing sources in ozone nonattainment areas. In addition, any
approval would not address (or take action on) whether these NESHAPS
regulations satisfy BACT as required by 326 IAC 2-2 (prevention of
significant deterioration) or lowest achievable emission rate as
required by 326 IAC 2-3 (nonattainment new source review).
VI. Statutory and Executive Order Reviews
Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, September 30, 1993), this
action is not a ``significant regulatory action'' and, therefore, is
not subject to review by the Office of Management and Budget.
Paperwork Reduction Act
This proposed 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.).
Regulatory Flexibility Act
This proposed action merely proposes to approve state law as
meeting Federal requirements and imposes no additional requirements
beyond those imposed by State law. Accordingly, the Administrator
certifies that this proposed 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 proposes to approve 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 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 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 proposes to approve 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 13175: Consultation and Coordination With Indian Tribal
Governments
This proposed 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 13045: Protection of Children From Environmental Health
and Safety Risks
This proposed 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.
Executive Order 13211: Actions 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).
National Technology Transfer Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), 15 U.S.C. 272, requires Federal agencies to use
technical standards that are developed or adopted by voluntary
consensus to carry out policy objectives, so long as such standards are
not inconsistent with applicable law or otherwise impractical. In
reviewing SIP submissions, EPA's role is to approve State choices,
provided that they meet the criteria of the Clean Air Act. Absent a
prior existing requirement for the State to use voluntary consensus
standards, EPA has no authority to disapprove a SIP submission for
failure to use such standards, and it would thus be inconsistent with
applicable law for EPA to use voluntary consensus standards in place of
a program submission that otherwise satisfies the provisions of the
Clean Air Act. Therefore, the requirements of section 12(d) of the NTTA
do not apply.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: January 18, 2007.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. E7-1099 Filed 1-24-07; 8:45 am]
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