[Federal Register Volume 62, Number 62 (Tuesday, April 1, 1997)]
[Rules and Regulations]
[Pages 15404-15407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8181]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63

[IN74-1(a); FRL-5687-8]


Approval of Section 112(l) Program of Delegation; Indiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving, through a ``direct final'' procedure, a 
request for delegation of the Federal air toxics program contained 
within 40 CFR Parts 61 and 63 pursuant to section 112(l) of the Clean 
Air Act (CAA) of 1990. The State's mechanism of delegation involves 
State rule adoption of all existing and future section 112 standards 
unchanged from the Federal standards. The actual delegation of 
authority of individual standards will be in the form of a letter from 
EPA to the Indiana Department of Environmental Management (IDEM). This 
request for approval of a mechanism of delegation encompasses all 
sources not covered by the Part 70 program.

DATES: This action will become effective June 2, 1997, unless adverse 
or critical comments not previously addressed by the State or EPA are 
received by May 1, 1997. If the effective date is delayed, timely 
notice will be published in the Federal Register.

ADDRESSES: Copies of the State's submittal and other supporting 
information used in developing the approval are available for 
inspection during normal business hours at the following location: EPA 
Region 5, 77 West Jackson Boulevard, AR-18J, Chicago, Illinois, 60604.
    Please contact Sam Portanova at (312) 886-3189 to arrange a time if 
inspection of the submittal is desired.

FOR FURTHER INFORMATION CONTACT: Sam Portanova, AR-18J, 77 West Jackson 
Boulevard, Chicago, Illinois, 60604, (312) 886-3189.

SUPPLEMENTARY INFORMATION:

I. Background and Purpose

    Section 112(l) of the CAA enables the EPA to approve State air 
toxics programs or rules to operate in place of the Federal air toxics 
program. The Federal air toxics program implements the requirements 
found in section 112 of the CAA pertaining to the regulation of 
hazardous air pollutants. Approval of an

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air toxics program is granted by the EPA if the Agency finds that the 
State program: (1) Is ``no less stringent'' than the corresponding 
Federal program or rule, (2) the State has adequate authority and 
resources to implement the program, (3) the schedule for implementation 
and compliance is sufficiently expeditious, and (4) the program is 
otherwise in compliance with Federal guidance. Once approval is 
granted, the air toxics program can be implemented and enforced by 
State or local agencies, as well as EPA. Implementation by local 
agencies is dependent upon appropriate subdelegation.
    On February 7, 1996, Indiana submitted to EPA a request for 
delegation of authority to implement and enforce the air toxics program 
under section 112 of the CAA. On February 29, 1996, EPA found the 
State's submittal complete. In this document EPA is taking final action 
to approve the program of delegation for Indiana.

II. Review of State Submittal

A. Program Summary

    Requirements for approval, specified in section 112(l)(5), require 
that a State's program contain adequate authorities, adequate resources 
for implementation, and an expeditious compliance schedule. These 
requirements are also requirements for an adequate operating permits 
program under Part 70 (40 CFR 70.4). On November 14, 1995, EPA 
promulgated a final interim approval under Part 70 of the State of 
Indiana's Operating Permit Program. The notice included the approval of 
a mechanism for delegation of all section 112 standards for sources 
subject to the Part 70 program. Sources subject to the Part 70 program 
are those sources that are operating pursuant to a Part 70 permit 
issued by the State, local agency, or EPA. Sources not subject to the 
Part 70 program are those sources that are not required to obtain a 
Part 70 permit from either the State, local agency, or EPA. This action 
supplements the Part 70 rulemaking in that Indiana will have the 
authority to implement and enforce the section 112 air toxics program 
regardless of a source's Part 70 applicability. The Indiana program of 
delegation for sources not subject to Part 70 will not include 
delegation of section 112(r) authority or section 112(i)(5) Early 
Reductions Program authority.
    As stated above, this document constitutes EPA's approval of 
Indiana's program of delegation of all existing and future air toxics 
standards, except for section 112(r) standards as they pertain to non-
Part 70 sources. This delegation is for State rule adoption of all 
existing and future section 112 standards unchanged from the Federal 
standards delegation. Indiana intends to seek such delegation for all 
section 112 standards with the exception of section 112(r). The Indiana 
program of delegation will operate as follows:
    1. For existing section 112 standards, IDEM has submitted a 
schedule for their adoption into the State regulations.
    2. For a future section 112 standard for which IDEM intends to 
accept delegation, EPA will automatically delegate the authority to 
implement a standard to the State by letter unless IDEM notifies EPA 
differently within 45 days of EPA final promulgation of the standard. 
Upon receipt of the EPA letter, the State will be responsible for the 
implementation of the standard. Some activities necessary for effective 
implementation of the standard include receipt of initial 
notifications, recordkeeping, reporting and generally assuring that 
sources subject to the standard are aware of its existence.
    3. IDEM will adopt the standard unchanged from the Federal standard 
into the State regulations as expeditiously as practicable. Indiana 
Code (IC) 13-7-7-5 requires IDEM to adopt such standards within 9 
months of the effective date of the Federal standard.
    4. Upon completion of regulatory action, IDEM will submit to EPA 
proof of rule adoption.
    5. EPA will respond with a letter delegating enforcement authority 
to the State. EPA will enforce the standard until such time the State 
has been delegated the enforcement authority.
    Indiana will assume responsibility for the timely implementation 
and enforcement required by the standard, as well as any further 
activities agreed to by IDEM and EPA. When deemed appropriate, IDEM 
will utilize the resources of its Small Business Assistance Program to 
assist in general program implementation.

B. Criteria for Approval

    On November 26, 1993, EPA promulgated regulations to provide 
guidance relating to the approval of State programs under section 
112(l) of the CAA. 58 FR 62262. That rulemaking outlined the 
requirements of approval with respect to various delegation options. 
The requirements for approval, pursuant to section 112(l)(5) of the 
CAA, of a program to implement and enforce Federal section 112 rules as 
promulgated without changes are found at 40 CFR 63.91. Any request for 
approval must meet all section 112(l) approval criteria, as well as all 
approval criteria of 40 CFR 63.91. A more detailed analysis of the 
State's submittal pursuant to 40 CFR 63.91 is contained in the 
Technical Support Document included in the docket of this rulemaking.
    Under section 112(l) of the CAA, approval of a State program is 
granted by the EPA if the Agency finds that it: (1) Is ``no less 
stringent'' than the corresponding Federal program, (2) that the State 
has adequate authority and resources to implement the program, (3) the 
schedule for implementation and compliance is sufficiently expeditious, 
and (4) the program is otherwise in compliance with Federal guidance.

C. Analysis

    EPA is approving Indiana's mechanism of delegation because the 
State's submittal meets all requirements necessary for approval under 
section 112(l). The first requirement is that the program be no less 
stringent than the Federal program. The Indiana program is no less 
stringent than the corresponding Federal program or rule because the 
State has requested delegation of all standards unchanged from the 
Federal standards.
    Second, the State has shown that it has adequate authority and 
resources to implement the program. The Indiana Air Pollution Control 
Board has statutory authority to adopt rules necessary to implement the 
Federal Clean Air Act, as amended by the Clean Air Act Amendments of 
1990. IC 13-1-1-4. This authority includes the ability to adopt federal 
section 112 rules as promulgated without change. Indiana has adopted 
several existing section 112 rules, is in the process of adopting the 
remaining existing section 112 rules, and commits to the expeditious 
adoption of future section 112 rules. Adequate resources will be 
obtained through section 105 grant monies awarded to States by EPA, 
through State matching funds, and through any monies from the State's 
Title V program that can be used to fund acceptable Title V activities 
with respect to these non-Part 70 sources.
    Third, upon promulgation of a standard, Indiana will immediately 
begin activities necessary for timely implementation of the standard. 
These activities will involve identifying sources subject to the 
applicable requirement, education and outreach to affected sources, and 
providing assistance to sources in completing and submitting initial 
notifications. Indiana has already conducted such activities for 
several section 112 standards. In addition, Indiana is committed to

[[Page 15406]]

adopting section 112 standards into the State regulations within 9 
months of Federal promulgation. This schedule is sufficiently 
expeditious for approval.
    Fourth, nothing in the Indiana program for delegation is contrary 
to Federal guidance.

D. Determinations

    In approving this delegation, EPA expects that the State will 
obtain concurrence from EPA on any matter involving the interpretation 
of section 112 of the Clean Air Act or 40 CFR Part 63 to the extent 
that implementation, administration, or enforcement of these sections 
have not been covered by EPA determinations or guidance.

III. Final Action

    The EPA is promulgating final approval of the February 7, 1996, 
request by the State of Indiana for delegation of section 112 standards 
unchanged from Federal standards because the request meets all 
requirements of 40 CFR 63.91 and section 112(l) of the CAA. Upon the 
effective date of this document, all existing section 112 standards 
which have been adopted unchanged into the State rules are delegated to 
the State of Indiana. Future delegation of the section 112 standards to 
the State will occur upon EPA's promulgation of the standard according 
to the procedures outlined in this rulemaking action.
    Upon the effective date of this action, all notifications, reports 
and other correspondence required under section 112 standards should be 
sent to the State of Indiana rather than to the EPA, Region 5, in 
Chicago. Affected sources should send this information to: Indiana 
Department of Environmental Management, Office of Air Management, 100 
North Senate Avenue, P.O. Box 6015, Indianapolis, Indiana 46206-6015.
    In this action, EPA approves the delegation of the Federal air 
toxics program pursuant to section 112(l) of the CAA. EPA is publishing 
this action without prior proposal because EPA views this action as a 
noncontroversial revision and anticipates no adverse comments. However, 
the rulemaking will not be deemed final if timely unaddressed adverse 
or critical comments are filed. The ``direct final'' approval shall be 
effective on June 2, 1997, unless EPA receives such adverse or critical 
comments by May 1, 1997. EPA is now soliciting public comments on this 
action. Any parties interested in commenting on this action should do 
so at this time. In the proposed rules section of this Federal 
Register, EPA is publishing a separate document which constitutes a 
``proposed approval'' of the requested delegation. If EPA receives 
timely comments adverse to or critical of the approval discussed above, 
which have not been addressed by the State or EPA, EPA will publish a 
Federal Register document which withdraws this final action. All public 
comments received will then be addressed in a subsequent rulemaking 
document based on the proposed approval. EPA will not institute a 
second comment period on this action. Any parties interested in 
commenting on this action should do so at this time.
    Copies of the State's submittal and other information relied upon 
for the final approval are contained in a docket maintained at the EPA 
Regional Office. The docket is an organized and complete file of all 
the information submitted to, or otherwise considered by, EPA in the 
development of this final approval. The docket is available for public 
inspection at the location listed under the ADDRESSES section of this 
document.
    Nothing in this action should be construed as permitting, allowing 
or establishing a precedent for any future request for revision to the 
State's delegated air toxics program. EPA shall consider each request 
for revision to the State's delegated air toxics program in light of 
specific technical, economic, and environmental factors and in relation 
to relevant statutory and regulatory requirements.
    This action has been classified as a Table 3 action by the Regional 
Administrator under the procedures published in the Federal Register on 
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993 
memorandum from Michael H. Shapiro, Acting Assistant Administrator for 
Air and Radiation. The Office of Management and Budget exempted this 
regulatory action from Executive Order 12866 review.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. (5 U.S.C. 603 and 604.) 
Alternatively, EPA 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.
    Delegation of the section 112 standards unchanged from the Federal 
standard does not create any new requirements, but simply allows the 
State to administer requirements that have been or will be separately 
promulgated. Therefore, because this delegation approval does not 
impose any new requirements, I certify that it does not have a 
significant impact on any small entities affected.
    Under sections 202, 203 and 205 of the Unfunded Mandates Reform Act 
of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 1995, 
EPA must undertake various actions in association with proposed or 
final rules that include a Federal mandate that may result in estimated 
costs of $100 million or more to the private sector, or to State, 
local, or tribal governments in the aggregate.
    EPA has determined that the approval action promulgated today does 
not constitute 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. The State voluntarily 
requested this delegation under section 112(l) for the purpose of 
implementing and enforcing the air toxics program with respect to 
sources not covered by Part 70. The delegation imposes no new Federal 
requirements. Since the State was not required by law to seek 
delegation, this Federal action does not impose a mandate on the State.
    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 June 2, 1997. 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).)
    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted 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 
General Accounting Office prior to publication of this rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

List of Subjects in 40 CFR Part 63

    Environmental Protection, Administrative practice and procedure, 
Air pollution control, Hazardous substances, Intergovernmental 
relations.

    Authority: 42 U.S.C. 7401, et seq.


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    Dated: January 28, 1997.
David A. Ullrich,
Acting Regional Administrator.
[FR Doc. 97-8181 Filed 3-31-97; 8:45 am]
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