[Federal Register Volume 61, Number 64 (Tuesday, April 2, 1996)]
[Rules and Regulations]
[Pages 14487-14489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7907]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IN55-1-7076a; FRL-5435-8]
Approval And Promulgation of Implementation Plan For Indiana
AGENCY: United States Environmental Protection Agency (USEPA).
ACTION: Direct final rule.
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SUMMARY: On October 25, 1994, the Indiana Department of Environmental
Management (IDEM) submitted a proposed amendment to the State
implementation plan (SIP) containing Source Specific Operating
Agreement (SSOA) regulations (326 IAC 2-9). This regulation has been
developed to establish federally enforceable conditions for industrial
or commercial surface coating operations, graphic arts operations, or
grain elevators by limiting potential emissions below the title V major
source threshold levels. In this action, USEPA approves 326 IAC 2-9-1
and 326 IAC 2-9-2(a), (b), and (e) of Indiana's SSOA regulation for
establishing federally enforceable conditions for these source
categories. In the proposed rules section of this Federal Register,
USEPA is proposing approval of and soliciting public comment on these
requested SIP revisions. If adverse comments are received on this
direct final rule, USEPA will withdraw this final rule and address the
comments received in a final rule on the related proposed rule which is
being published in the proposed rules section of this Federal Register.
Unless this final rule is withdrawn, no further rulemaking will occur
on this requested SIP revision.
DATES: This action will be effective June 3, 1996, unless adverse or
critical comments are received by May 2, 1996. If the effective date is
delayed, timely notice will be published in the Federal Register.
ADDRESSES: Comments can be mailed to J. Elmer Bortzer, Chief,
Regulation Development Section, Regulation Development Branch, United
States Environmental Protection Agency, 77 West Jackson Boulevard (AR-
18J), Chicago, Illinois 60604.
Copies of the State's submittal and USEPA's technical support
document are available for inspection during normal business hours at
the following location: United States Environmental Protection Agency,
Region 5, Air and Radiation Division, 77 West Jackson Boulevard (AR-
18J), Chicago, Illinois 60604.
A copy of this SIP revision is also available at the following
location: Office of Air and Radiation, Docket and Information Center
(Air Docket 6102), room M1500, USEPA, 401 M Street SW, Washington, DC
20460.
FOR FURTHER INFORMATION CONTACT: Sam Portanova, USEPA (AR-18J), 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-3189.
SUPPLEMENTARY INFORMATION:
I. Background
The Indiana SSOA program will be a major mechanism in limiting
potential to emit for sources enabling them to remain below the
applicability threshold for the operating permits program of title V of
the Clean Air Act (CAA). The federal title V regulation is codified in
40 CFR part 70 and the State of Indiana's title V program is codified
in 326 IAC 2-7. The title V program could encompass a large number of
sources and could be a resource burden on the State and smaller title V
sources. State mechanisms to establish federally enforceable limits on
sources' potential to emit below the title V threshold will enable a
State to reduce resource burdens.
II. This Action
IDEM has adopted a SSOA program regulation in 326 IAC 2-9 to
provide certain source categories the opportunity to be subject to
generic enforceable limits on potential to emit. 326 IAC 2-9-1 applies
to all sources subject to the SSOA program, unless otherwise specified
in 326 IAC 2-9-2. The subsections of 326 IAC 2-9-2 apply to the
specific source categories. In this action, USEPA takes action on
subsections 326 IAC 2-9-2(a), (b), and (e). Sources will be able to
apply for an operating agreement under this program to limit their
potential to emit to below the title V threshold level(s). This will
provide a less resource-intensive alternative to the title V or
Federally Enforceable State Operating Permit (FESOP) programs for both
sources and the permitting authority for specific source categories
that typically have actual emissions far below their potential to emit.
The following is an analysis of the SSOA program for each source
category it entails. This analysis will compare the SSOA program to the
October 15, 1993, USEPA policy memorandum titled ``Guidance for State
Rules for Optional Federally-Enforceable Emissions Limits Based on
Volatile Organic Compound (VOC) Use'', from D. Kent Berry, Acting
Director of the Air Quality Management Division, where appropriate.
In this action, USEPA proposes approval of the SIP revision request
submitted to USEPA on October 25, 1994, and revised on January 16,
1996, for the 326 IAC 2-9 regulation because the regulation is adequate
to limit potential emissions of industrial or commercial surface
coating operations, graphic arts operations, and grain elevators to
below the title V threshold level.
1. Industrial or Commercial Surface Coating Operations or Graphic Arts
Operations
This portion of the SSOA regulation has been divided into 2
subcategories. The first subcategory (326 IAC 2-9-2(a)) is for eligible
surface coating or graphic arts sources which are not modifications to
major sources in Lake or Porter County subject to 326 IAC 2-3-3 and
which are not subject to 326 IAC 8-2 or 8-5-5. The second subcategory
(326 IAC 2-9-2(b)) is for any eligible surface coating or graphic arts
sources. USEPA proposes approval of 326 IAC 2-9-2(a) and (b).
a. 326 IAC 2-9-2(a)
This section allows industrial or commercial surface coating
operations or graphic arts operations who wish to opt into the SSOA
program to limit their VOC or hazardous air pollutant (HAP) emissions
to less than the major source threshold. 326 IAC 2-9-2(a)(1) limits the
total amount of VOC delivered to a source less the amount of VOC
shipped off the site to 2 tons per month (tpm) or less (this equals 24
tons per year (tpy)). 326 IAC 2-9-2(a)(1) limits the total amount of
HAPs delivered to a source less the amount of HAP shipped off the site
to 0.2 tpm (2.4 tpy) for a single HAP
[[Page 14488]]
and 0.5 tpm (6 tpy) for any combination of HAPs. The following are
recordkeeping and reporting requirements for sources subject to 326 IAC
2-9-2(a):
i. 326 IAC 2-9-1(f) requires sources to prepare and maintain (1)
monthly consumption records of all materials used that contain VOCs or
HAPs, including the VOC or individual HAP content of each such
material; (2) records summarizing all VOC and individual HAP emissions
on a monthly basis; and (3) all purchase orders and invoices for any
VOC or HAP containing material.
ii. 326 IAC 2-9-2(a)(4) requires sources to provide a summation of
VOC and individual HAP emissions to IDEM on a monthly basis. This
paragraph also requires an annual notice which includes an inventory
listing monthly VOC and HAP totals and total VOC and HAP emissions for
the previous 12 months.
iii. 326 IAC 2-9-2(a)(3) requires sources to maintain purchase
orders and invoices for any VOC or HAP containing material used.
iv. 326 IAC 2-9-1(g) states that any records required to be kept by
a source shall be maintained at the site for at least 5 years and shall
be made available for inspection by IDEM upon request.
v. 326 IAC 2-9-1(h) requires any source subject to a SSOA to report
to IDEM any exceedance of a requirement contain in the SSOA or the SSOA
regulation within one week of its occurrence.
vi. 326 IAC 2-9-1(c) requires SSOA requests to be signed by a
responsible official who shall certify that the information contained
in the request is accurate, true, and complete.
These requirements are consistent with the guidelines outlined in
the October 15, 1993, D. Kent Berry memorandum.
b. 326 IAC 2-9-2(b)
This section allows industrial or commercial surface coating
operations or graphic arts operations who wish to opt into the SSOA
program to limit their VOC or HAP emissions to less than 25 percent of
the major source threshold.
326 IAC 2-9-2(b)(1) limits the total amount of VOC delivered to a
source less the amount of VOC shipped off the site to 15 pounds per day
(lb/day) or less (2.74 tpy) for sources located outside Lake or Porter
County and to 7 lb/day (1.28 tpy) for sources located in Lake or Porter
County. 326 IAC 2-9-2(a)(1) limits the total amount of HAPs delivered
to a source less the amount of HAP shipped off the site to 3 lb/day
(0.55 tpy) for a single HAP and 7 lb/day (1.28 tpy) for any combination
of HAPs. 326 IAC 2-9-2(b) has the same requirements as 326 IAC 2-9-2(a)
except that a monthly summation of VOC and individual HAP emissions is
not required. An annual summation of VOC and HAP emissions is required
in this subsection. This is consistent with the guidelines outlined in
the October 15, 1993, D. Kent Berry memorandum.
2. Grain Elevators
This portion of the SSOA regulation has been divided into 2
subcategories. The first subcategory (326 IAC 2-9-2(e)(1)) is for grain
elevators with a storage capacity of less than 1,000,000 U.S. bushels
and an annual throughput of less than 3,000,000 U.S. bushels. The
second subcategory (326 IAC 2-9-2(e)(2)) is for grain elevators with a
storage capacity of between than 1,000,000 and 2,500,000 U.S. bushels
and an annual throughput of less than 10,000,000 U.S. bushels. USEPA
proposes approval of 326 IAC 2-9-2(e).
Title V applicability major source threshold level for particulate
matter is 100 tpy and will be based on PM10 emissions. The Indiana
Title V regulation allows source subject to 326 IAC 2-9 to be exempt
from Title V. The throughput limit of 326 IAC 2-9-2(e)(1), when
calculated with accepted emission factors for this type of source, is
sufficient to limit the potential to emit of PM10 from a grain
elevator to below the Title V threshold level. The throughput limit and
the control requirements of 326 IAC 2-9-2(e)(2), when calculated with
accepted emission factors for this type of source, are sufficient to
limit the potential to emit of PM10 from a grain elevator to below
the Title V threshold level.
Based on the issues outlined above, USEPA proposes approval of 326
IAC 2-9-2(e) in this action.
3. Conclusion
326 IAC 2-9 limits source emissions below the major source
threshold level and requires monthly or annual reporting requirements.
USEPA proposes approval of 326 IAC 2-9-1, 2-9-2(a), and 2-9-2(b) of the
Indiana SSOA program, which provide industrial or commercial surface
coating operations and graphic arts operations the opportunity to be
subject to generic enforceable limits on potential to emit. These
portions of the regulation are consistent with the October 15, 1993,
USEPA memorandum titled ``Guidance for State Rules for Optional
Federally-Enforceable Emissions Limits Based on Volatile Organic
Compound (VOC) Use''. EPA also proposes approval of 326 IAC 2-9-2(e),
which provides grain elevators the opportunity to be subject to generic
enforceable limits on potential to emit.
III. Rulemaking Action
The USEPA approves the plan revisions submitted on October 25,
1994, to implement 326 IAC 2-9-1 and 326 IAC 2-9-2(a), (b), and (e) of
the SSOA regulations. Each of the program elements mentioned above were
properly addressed. The USEPA is publishing this action without prior
proposal because USEPA views this action as a noncontroversial revision
and anticipates no adverse comments. However, USEPA is publishing a
separate document in this Federal Register publication, which
constitutes a ``proposed approval'' of the requested SIP revision and
clarifies that the rulemaking will not be deemed final if timely
adverse or critical comments are filed. The ``direct final'' approval
shall be effective on June 3, 1996, unless USEPA receives adverse or
critical comments by May 2, 1996.
If USEPA receives comments adverse to or critical of the approval
discussed above, USEPA will withdraw this approval before its effective
date, and publish a subsequent final rule which withdraws this final
action. All public comments received will then be addressed in a
subsequent rulemaking document.
Any parties interested in commenting on this action should do so at
this time. If no such comments are received, USEPA hereby advises the
public that this action will be effective on June 3, 1996. The Office
of Management and Budget has exempted this action from review under
Executive Order 12866.
Nothing in this action should be construed as permitting, allowing
or establishing a precedent for any future request for revision to any
SIP. The USEPA shall consider each request for revision to the SIP in
light of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements
IV. Regulatory Flexibility
Under the Regulatory Flexibility Act, 5 U.S.C. Sec. 600 et seq.,
USEPA must prepare a regulatory flexibility analysis assessing the
impact of any proposed or final rule on small entities. 5 U.S.C.
Secs. 603 and 604. Alternately, USEPA may certify that the rule will
not have a significant impact on a substantial number of small
entities. Small entities include small businesses, small not-for-profit
enterprises, and government entities with jurisdiction over populations
of less than 50,000.
[[Page 14489]]
SIP approvals under Section 110 and Subchapter I, Part D, of the
CAA do not create any new requirements, but simply approve requirements
that the State is already imposing. Therefore, because the Federal SIP-
approval does not impose any new requirements, I certify that it does
not have a significant impact on any small entities affected. Moreover,
due to the nature of the Federal-State relationship under the CAA,
preparation of a regulatory flexibility analysis would constitute
Federal inquiry into the economic reasonableness of State action. The
CAA forbids USEPA to base its actions concerning SIPs on such grounds.
Union Electric Co. v. USEPA, 427 U.S. 246, 256-66 (1976).
V. Unfunded Mandates
Under Section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, the
USEPA must prepare a budgetary impact statement to accompany any
proposed or final rule that includes a Federal mandate that may result
in estimated costs to State, local, or tribal governments in the
aggregate; or to the private sector, of $100 million or more. Under
Section 205, the USEPA must select the most cost-effective and least
burdensome alternative that achieves the objectives of the rule and is
consistent with statutory requirements. Section 203 requires the USEPA
to establish a plan for informing and advising any small governments
that may be significantly or uniquely impacted by the rule.
The USEPA has determined that the approval action promulgated today
does not include a Federal mandate that may result in estimated costs
of $100 million or more to either State, local, or tribal governments
in the aggregate, or to the private sector.
This Federal action approves programs that are not Federal
mandates. Accordingly, no additional costs to State, local, or tribal
governments, or the private sector, result from this action.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Lead, Particulate matter, Sulfur dioxide,
Volatile organic compounds.
Dated: February 12, 1996.
David A. Ullrich,
Acting Regional Administrator.
For the reasons stated in the preamble, part 52, chapter I, title
40 of the Code of Federal Regulations is amended to read as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart P--Indiana
2. Section 52.770 is amended by adding paragraph (c)(105) to read
as follows:
Sec. 52.770 Identification of plan.
* * * * *
(c) * * *
(105) On October 25, 1994, the Indiana Department of Environmental
Management submitted a requested revision to the Indiana State
Implementation Plan in the form of Source Specific Operating Agreement
(SSOA) regulations. The SSOA regulations are intended to limit the
potential to emit for a source to below the threshold level of Title V
of the Clean Air Act. This revision took the form of an amendment to
title 326: Air Pollution Control Board of the Indiana Administrative
Code (326 IAC) 2-9-1, 2-9-2(a), 2-9-2(b), and 2-9-2(e) Source Specific
Operating Agreement Program.
(i) Incorporation by reference. 326 Indiana Administrative Code
2-9. Sections 1, 2(a), 2(b), and 2(e). Adopted by the Indiana Air
Pollution Control Board March 10, 1994. Signed by the Secretary of
State May 25, 1994. Effective June 24, 1994. Published at Indiana
Register, Volume 17, Number 10, July 1, 1994.
[FR Doc. 96-7907 Filed 4-1-96; 8:45 am]
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