[Federal Register Volume 67, Number 105 (Friday, May 31, 2002)]
[Rules and Regulations]
[Pages 38006-38009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13516]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IN141-1a; FRL-7213-5]


Approval and Promulgation of Implementation Plans; Indiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is approving a State Implementation Plan (SIP) 
revision submitted by the Indiana Department of Environmental 
Management (IDEM) on July 18, 2000, with additional material submitted 
on January 11, 2002 and March 13, 2002. The revised SIP pertains to 
vapor tightness standards for the loading of gasoline cargo tanks at 
bulk gasoline terminals and pipeline breakout stations in Indiana. The 
purpose of this action is to approve amendments to Indiana's gasoline 
transport testing requirements which will tighten current state rules. 
These amendments are based on EPA's National Emissions Standard for 
Hazardous Pollutants (NESHAP) for Bulk Gasoline Terminals and Pipeline 
Breakout Stations, which includes new vapor tightness standards for 
gasoline cargo tanks, in addition to a pressure standard for the 
internal valve of the tanks.

DATES: This rule is effective on July 30, 2002, unless EPA receives 
adverse written comments by July 1, 2002. 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: Patricia Morris, Acting 
Chief,

[[Page 38007]]

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: 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, the term ``me'' 
refers to the reader of this rulemaking and the terms ``we,'' ``us,'' 
or ``our'' refer to the EPA.

Table of Contents

I. Background
    A. What is a SIP?
    B. What is the federal approval process for a SIP?
    C. What does federal approval of a state rule mean to me?
    D. What is Section 112 of the Clean Air Act?
    E. What is the purpose of Indiana's gasoline transport testing 
requirements?
    F. What public review opportunities did Indiana provide for this 
rule?
II. Evaluation of the Rule
    A. What are the changes to the State's gasoline transport 
testing requirements?
    B. Is this rule approvable?
III. EPA Rulemaking Action
IV. Administrative Requirements

I. Background

A. What Is a SIP?

    Section 110 of the Clean Air Act (Act or CAA) requires states to 
develop air pollution control regulations and strategies to ensure that 
state air quality meets the national ambient air quality standards 
established by the EPA. Each state must submit the regulations and 
emission control strategies to the EPA for approval and promulgation 
into the federally enforceable SIP.
    Each federally approved SIP protects air quality primarily by 
addressing air pollution at its points of origin. The SIPs can be and 
generally are extensive, containing many state regulations or other 
enforceable documents and supporting information, such as emission 
inventories, monitoring documentation, and modeling attainment 
demonstrations.

B. What Is the Federal Approval Process for a SIP?

    In order for state regulations to be incorporated into the 
federally enforceable SIP, states must formally adopt the regulations 
and emission control strategies consistent with state and federal 
requirements. This process generally includes public notice, public 
hearings, public comment periods, and formal adoption by state-
authorized rulemaking bodies.
    Once a state has adopted a rule, regulation, or emissions control 
strategy it submits it to us for inclusion into the SIP. We must 
provide public notice and seek additional public comment regarding the 
proposed federal action on the state submission. If we receive adverse 
comments we address them prior to any final federal action (we 
generally address them in a final rulemaking action).
    The EPA incorporates into the federally approved SIP all state 
regulations and supporting information it has approved under section 
110 of the Act. Records of such SIP actions are maintained in 40 CFR, 
part 52, titled ``Approval and Promulgation of Implementation Plans.'' 
The actual state regulations the EPA has approved are not reproduced in 
their entirety in the CFR, but are ``incorporated by reference,'' which 
means that EPA has approved a given state regulation (or rule) with a 
specific effective date.

C. What Does Federal Approval of a State Rule Mean to Me?

    Enforcement of a state rule before and after it is incorporated 
into a federally approved SIP is primarily a state responsibility. 
After the rule is federally approved as part of the SIP, however, it 
becomes enforceable by the EPA, which can then take enforcement actions 
against violators. The CAA also offers citizens legal recourse to 
address SIP violations, as provided in section 304 of the Act.

D. What Is Section 112 of the Clean Air Act?

    Section 112 of the Clean Air Act Amendments of 1990 requires that 
the EPA develop regulations for the control of hazardous air pollutant 
(HAP) emissions from major sources. On July 16, 1992, EPA published a 
list of source categories that emit one or more of these air toxics. 
For listed categories of major sources (those that emit 10 tons/year or 
more of a listed pollutant or 25 tons or more of a combination of 
pollutants), the Act requires EPA to develop standards that will 
reflect the application of maximum achievable control technology 
(MACT). On December 14, 1994 (59 FR 64303), EPA issued a final NESHAP 
for Bulk Gasoline Terminals and Pipeline Breakout Stations, 40 CFR part 
63, Subpart R, which includes new vapor tightness standards for 
gasoline transports and a pressure standard for the tank internal vapor 
valve. EPA later published amendments changing compliance dates and 
making other corrections and clarifications (60 FR 7627, February 8, 
1995; 60 FR 32912, June 26, 1995; 61 FR 7718, February 29, 1996; 62 FR 
9087, February 28 1997). The CAA authorizes states to implement and 
enforce the NESHAP upon EPA approval.

E. What Is the Purpose of Indiana's Gasoline Transport Testing 
Requirements?

    Indiana's gasoline transport requirements contained in 326 IAC 
Article 8 provide for vapor tightness standards for the loading of 
gasoline cargo tanks at bulk gasoline terminals and pipeline breakout 
stations in Indiana.
    Current State regulations at 326 IAC 8-4-7 (Gasoline transports) 
and 326 IAC 8-4-9 (Leaks from transports and vapor collection systems; 
records) require that gasoline transports loading at bulk gasoline 
terminals and pipeline breakout stations be vapor tight and tested 
annually for vapor tightness, following procedures consistent with 
Appendix A of ``Control of Organic Compound Leaks from Gasoline Tank 
Trucks and Vapor Collection Systems,'' EPA-450/2-78-051. The 
regulations apply to transport loading at terminals and breakout 
stations in Clark, Elkhart, Floyd, Hendricks, Lake, Marion, Porter, St. 
Joseph, Boone, Dearborn, Hamilton, Hancock, Harrison, Johnson, Morgan, 
and Shelby counties, and to all new sources.
    Gasoline emissions are a significant source of air pollution within 
the State of Indiana. The amendments to 326 IAC Article 8 will tighten 
vapor standards for the loading of gasoline transports and will reduce 
HAP emissions, as well as volatile organic compound (VOC) emissions 
that contribute to the formation of ozone.

F. What Public Review Opportunities Did Indiana Provide for This Rule?

    Indiana held public hearings on this rule on December 2, 1998 and 
May 5, 1999, in Indianapolis, Indiana. The Indiana Air Pollution 
Control Board adopted final rules on May 5, 1999. The rule revisions 
became effective

[[Page 38008]]

November 5, 1999, and were formally submitted to EPA on July 18, 2000, 
as a revision to the Indiana SIP for ozone. In addition, Indiana 
submitted two addendums on January 11, 2002 and March 13, 2002 
correcting typographical, clerical, or spelling errors found in the 
final rules submitted on July 18, 2000.

II. Evaluation of the Rule

A. What Are the Changes to the State's Gasoline Transport Testing 
Requirements?

    Indiana's amendments to 326 IAC 8-4-7 (Gasoline transports) and 326 
IAC 8-4-9 (Leaks from transports and vapor collection systems; records) 
expand the NESHAP's new standards to apply to gasoline transports 
loading at all sources in the previously named counties and to new 
sources.
    The NESHAP for Bulk Gasoline Terminals and Pipeline Breakout 
Stations (40 CFR part 63, subpart R) establishes an internal vapor 
valve pressure standard and more stringent limits for maximum allowable 
pressure or vacuum change in ``Determination of Vapor Tightness of 
Gasoline Delivery Tank Using Pressure-Vacuum Test,'' 40 CFR part 60, 
appendix A, Method 27, commonly referred to as the ``modified Method 27 
test.'' The Indiana rule amends the testing requirement in 326 IAC 8-4-
9 (Leaks from transports and vapor collection systems; records) for 
gasoline transports in order to be consistent with the standards in the 
modified Method 27 test.
    The Indiana rule also expands the definition of ``leak'' in 326 IAC 
8-4-7(a)(3), consistent with that found in the NESHAP at 40 CFR 
63.425(f), and revises language in 326 IAC 8-4-7 to allow the use of 
instruments, in addition to visible detection, to detect leaks in 
gasoline transports. The rule adds the same definition of ``leak'' to 
326 IAC 8-4-9(d) and changes the test method for vapor balance systems 
to be consistent with current test methods found at 40 CFR part 60, 
appendix A, Method 21. In addition, 326 IAC 20-10-1 (Applicability; 
incorporation by reference of federal standards) incorporates by 
reference the portions of the NESHAP for Bulk Gasoline Terminals and 
Pipelines Breakout Stations, 40 CFR part 63, subpart R, pertaining to 
the new standards.
    The rest of the changes to the rule are administrative in nature 
and are intended to enhance the clarity of the rule.

B. Is This Rule Approvable?

    Our review of the material submitted indicates that the changes 
made to the Indiana gasoline transports rule address and exceed the 
federal program requirements. These rule revisions are, therefore, 
approvable.

III. EPA Rulemaking Action

    We are approving, through direct final rulemaking, revisions to 
Indiana's gasoline transport testing requirements. 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 July 1, 2002. 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 July 30, 2002.

IV. 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 (Public Law 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. 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. EPA will submit 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 United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of

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this action must be filed in the United States Court of Appeals for the 
appropriate circuit by July 30, 2002. 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, Incorporation by 
reference, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

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

    Dated: May 9, 2002.
Bharat Mathur,
Acting Regional Administrator, Region 5.

    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. 7401-7671q.

Subpart P--Indiana

    2. Section 52.770, is amended by adding paragraph (c)(150) to read 
as follows:


Sec. 52.770  Identification of plan.

* * * * *
    (c) * * *
    (150) On July 18, 2000 the Indiana Department of Environmental 
Management submitted a State Implementation Plan (SIP) revision 
amending certain provisions of Indiana's gasoline transport testing 
requirements with additional material submitted on January 11, 2002 and 
March 13, 2002. The Air Pollution Control Board amended 326 IAC 8-4-7 
and 326 IAC 8-4-9 and added 326 IAC 20-10.
    (i) Incorporation by reference.
    (A) 326 Indiana Administrative Code 8-4-7; 8-4-9; and 20-10-01 
adopted May 5, 1999, effective November 5, 1999.
    (ii) Additional materials.
    (A) July 18, 2000 letter and enclosures from the Indiana Department 
of Environmental Management (IDEM) Commissioner to the Regional 
Administrator of the United States Environmental Protection Agency 
(EPA) submitting Indiana's revision to the ozone SIP.

    (B) January 11, 2002 letter and enclosures from IDEM to EPA 
submitted as an addendum to the July 18, 2000 revision to the ozone 
SIP.
    (C) March 13, 2002 letter and enclosures from IDEM to EPA submitted 
as an addendum to the July 18, 2000 revision to the ozone SIP.
[FR Doc. 02-13516 Filed 5-30-02; 8:45 am]
BILLING CODE 6560-50-P