[Federal Register Volume 67, Number 176 (Wednesday, September 11, 2002)]
[Rules and Regulations]
[Pages 57515-57517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22979]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IN141-1a; FRL-7273-5]


Approval and Promulgation of Implementation Plans; Indiana; 
Volatile Organic Compound Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: In this action, EPA is approving a revision to the Indiana 
State Implementation Plan (SIP) to add Volatile Organic Compound (VOC) 
capture efficiency testing procedures to the existing VOC emission 
control regulations. Control system capture efficiency requirements are 
components of several State VOC rules, particularly the rules covering 
the control of VOC emissions from surface coating and graphic arts 
sources. The existing State VOC rules specify minimum capture 
efficiencies for some source categories, and some sources may seek VOC 
emission reduction credits through increases in capture efficiency 
above State-specified minimums. Reducing VOC emissions is critical for 
attaining the 1-hour ozone standard in certain ozone nonattainment 
areas.

DATES: This direct final rule is effective on November 12, 2002, 
without further notice, unless EPA receives adverse comments in writing 
by October 11, 2002. If adverse comment is received, EPA will publish a 
timely withdrawal of the direct final 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), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604.
    Copies of the State's submittal and other supporting information 
used in developing this direct final rule are available for inspection 
at the Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604. Please telephone Edward Doty at 
(312) 886-6057 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Edward Doty, Environmental Scientist, 
Regulation Development Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604. Telephone: (312) 886-6057. E-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,'' 
``us,'' or ``our'' are used we mean EPA. The Supplemental Information 
section is organized as follows:

I. Background and EPA Policy
    What Is the Basis for the State's Requested SIP Revision?
    What Are the Codified Capture Efficiency Test Methods?
    What Are the Alternative Capture Efficiency Test Protocols?
II. Summary of the State's Submittal and Requested SIP Revision
III. Adequacy of the Requested SIP Revision
IV. Final Rulemaking Action
V. Administrative Requirements

I. Background and EPA Policy

What Is the Basis for the State's Requested SIP Revision?

    Capture efficiency (the fraction of emissions generated by a source 
that are delivered to an emissions control device, generally expressed 
as a percentage) is a critical consideration for emission control 
systems, particularly for those systems used to control the emissions 
of VOC and Hazardous Air Pollutants (HAPs) from surface coating and 
printing (graphic arts) operations. Testing of capture efficiencies is 
critical for sources subject to rules with capture efficiency 
requirements and for sources seeking emission reduction credits through 
capture efficiency improvements (capture efficiency increases).
    On February 7, 1995, the EPA issued revised guidelines for the 
determination of VOC capture efficiencies under a memorandum titled 
``Revised Capture Efficiency Guidance for Control of Volatile Organic 
Compound Emissions,'' from John S. Seitz, Director of the Office of Air 
Quality Planning and Standards, to Air Division Directors, Regions I 
through X. Included in the guidance are

[[Page 57516]]

discussions of recommended capture efficiency testing protocols and 
test methods and requirements for alternative capture efficiency test 
protocols.\1\ The guidance identified seven test methods which would be 
proposed in a subsequent Federal Register for addition to volume 40 of 
the Code of Federal Regulations (CFR) part 51, appendix M. The guidance 
issued on February 7, 1995 also provided specifics on the requirements 
for two alternative capture efficiency test protocols.
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    \1\ Protocols specify minimum statistical requirements and data 
processing requirements for analysis of test results. The protocols 
are coupled with test methods to provide a complete specification of 
the capture efficiency test procedures and data requirements.
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    On May 30, 1996, the EPA published a rule covering final standards 
for Hazardous Air Pollutants (HAP) emissions from the printing and 
publishing industry (61 FR 27132). Included in this final rule are the 
seven capture efficiency test methods and two protocols for the use of 
alternative capture efficiency test methods contained in the February 
7, 1995 guidance. This rule contains VOC capture efficiency test 
methods and protocols for the purposes of measuring HAP capture 
efficiencies.
    Indiana's requested SIP revision seeks to incorporate the capture 
efficiency test methods and alternative protocols into the SIP. As 
noted below in more detail, the State has adopted VOC rule revisions to 
incorporate these VOC testing requirements.

What Are the Codified Capture Efficiency Test Methods?

    The capture efficiency test methods specified in 40 CFR part 51, 
appendix M, are as follows:
    (A) Method 204--Criteria for and Verification of a Permanent or 
Temporary Total Enclosure;
    (B) Method 204A--Volatile Organic Compounds Content in Liquid Input 
Stream;
    (C) Method 204B--Volatile Organic Compounds Emissions in Captured 
Stream;
    (D) Method 204C--Volatile Organic Compounds Emissions in Captured 
Stream (Dilution Technique);
    (E) Method 204D--Volatile Organic Compounds Emissions in Uncaptured 
Stream from Temporary Total Enclosure;
    (F) Method 204E--Volatile Organic Compounds Emissions in Uncaptured 
Stream from Building Enclosure; and
    (G) Method 204F--Volatile Organic Compounds Content in Liquid Input 
Stream (Distillation Approach).
    Note that these recommended capture efficiency test methods involve 
the use of a Permanent Total Enclosure (PTE), a Temporary Total 
Enclosure (TTE), or a Building Enclosure (BE). All of the total 
enclosure methods are capable of determining quantitative values of 
capture efficiencies, and may be used to demonstrate capture efficiency 
improvements.

What Are the Alternative Capture Efficiency Test Protocols?

    The two alternative test protocols identified in the February 7, 
1995 guidance are the Data Quality Objective (DQO) and the Lower 
Confidence Limit (LCL) protocols. Either of these protocols allows the 
use of alternative test procedures to determine qualitative estimates 
of capture efficiencies. They may be applied without the use of total 
enclosures and are intended to reduce the costs of capture efficiency 
testing, as compared to the costs associated with the use of PTEs, 
TTEs, or BEs. Based on the February 7, 1995 capture efficiency testing 
guidance, the DQO or LCL coupled with capture efficiency test methods 
may be used to demonstrate compliance with VOC capture efficiency 
requirements.\2\
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    \2\ The guidance notes that either the DQO or the LCL may be 
used to demonstrate compliance with capture efficiency requirements. 
The LCL, however, which is designed to be very conservative, is not 
appropriate to demonstrate non-compliance with capture efficiency 
requirements. Where use of the LCL protocol shows possible non-
compliance, additional capture efficiency tests must be applied to 
demonstrate actual non-compliance.
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II. Summary of the State's Submittal and Requested SIP Revision

    The State of Indiana has incorporated the Methods 204 through 204F 
test methods and DQO and LCL test protocols by reference into the 
State's VOC emission control regulations at rule 326 Indiana 
Administrative Code 8-1-4 (326 IAC 8-1-4), published in the Indiana 
Register on August 1, 2001 as a final State rule. On August 8, 2001, 
the Indiana Department of Environmental Management (IDEM) submitted the 
new testing procedures rule and associated other rule revisions 
(primarily minor rule formatting revisions needed to properly reference 
the new capture efficiency test requirements) to the EPA as a requested 
SIP revision.
    Indiana has added a subsection (c)(1) to 326 IAC 8-1-4 to 
incorporate by reference the capture efficiency test methods (Methods 
204 through 204F) specified in 40 CFR part 51, appendix M. Indiana has 
also added subsection (c)(2) to 326 IAC 8-1-4 to provide for the use of 
the two alternative test protocols (DQO and LCL), as specified in 40 
CFR part 63, subpart KK, appendix A. These alternative protocols are 
identical to those described in the VOC capture efficiency guidance 
released on February 7, 1995.
    All other rule revisions documented in Indiana's August 8, 2001 SIP 
revision request are, as noted above, primarily minor rule formatting 
and reference changes needed to accommodate the new VOC capture 
efficiency regulations. Indiana has also made several minor rule 
revisions to correct addresses for the location of review copies of the 
referenced documents and for the American Society for Testing and 
Materials.

III. Adequacy of the Requested SIP Revision

    The proposed SIP revision incorporates EPA's capture efficiency 
testing requirements by reference and otherwise meets EPA's guidelines 
for capture efficiency testing. The SIP revision will lead to monitored 
VOC capture efficiencies that will be adequately recorded and reported 
and that can be tested against specified limits within Indiana's VOC 
rules. The capture efficiency test procedures and results can be 
adequately enforced. Therefore, EPA finds this rule to be acceptable.

IV. Final Rulemaking Action

    EPA approves Indiana's revisions to rule 326 IAC 8-1-4 as a 
revision to the SIP. This action will be effective on November 12, 
2002.
    EPA is publishing this action without prior proposal because EPA 
views this as a noncontroversial revision and anticipates no adverse 
comments. However, in a separate document in this Federal Register 
publication, EPA is proposing to approve the SIP revision should 
adverse written comments be filed. This action will be effective 
without further notice unless EPA receives relevant adverse written 
comment by October 11, 2002. Should the EPA receive such comments, it 
will publish a withdrawal 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 November 12, 2002.

V. 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,

[[Page 57517]]

``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 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), nor will it 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), because it 
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 (62 FR 19885, April 23, 1997), 
because it is not economically significant.
    Section 12 of the National Technology Transfer and Advancement Act 
(NTTAA) of 1995 requires Federal agencies to evaluate existing 
technical standards when developing a new regulation. To comply with 
NTTAA, EPA must consider and use ``voluntary consensus standards'' 
(VCS) if available and applicable when developing programs and policies 
unless doing so would be inconsistent with applicable law or otherwise 
impractical.
    The EPA believes that VCS are inapplicable to this action. Today's 
action does not require the public to perform activities conducive to 
the use of VCS. As required by section 3 of Executive Order 12988 (61 
FR 4729, February 7, 1996), in issuing this rule, EPA has taken the 
necessary steps to eliminate drafting errors and ambiguity, minimize 
potential litigation, and provide a clear legal standard for affected 
conduct. EPA has complied with Executive Order 12630 (53 FR 8859, March 
15, 1988) by examining the takings implications of the rule in 
accordance with the ``Attorney General's Supplemental Guidelines for 
the Evaluation of Risk and Avoidance of Unanticipated Takings'' issued 
under the executive order. 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).
    This rule will be effective October 11, 2002.
    Under section 307(b)(1) of the Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by November 12, 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.

    Dated: August 23, 2002.
Gary Gulezian,
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) (148) to read 
as follows:


Sec.  52.770  Identification of plan.

* * * * *
    (c) * * *
    (148) On August 8, 2001, the State submitted rules to incorporate 
by reference Federal capture efficiency test methods. The submittal 
amends 326 IAC 8-1-4.
    (i) Incorporation by reference.
    Title 326: Air Pollution Control Board; Article 8: Volatile Organic 
Compound Rules; Rule 1: General Provisions; Section 4: Testing 
procedures. Filed with the Secretary of State on June 15, 2001 and 
effective on July 15, 2001. Published in 24 Indiana Register 3619 on 
August 1, 2001.
* * * * *
[FR Doc. 02-22979 Filed 9-10-02; 8:45 am]
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