[Federal Register Volume 67, Number 251 (Tuesday, December 31, 2002)]
[Rules and Regulations]
[Pages 79859-79861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31669]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IN129-1a; FRL-57413-5]


Approval and Promulgation of Implementation Plans; Indiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On April 3, 2000, the Indiana Department of Environmental 
Management (IDEM) submitted a site-specific State Implementation Plan 
(SIP) revision request concerning volatile organic compound (VOC) 
reasonably available control technology (RACT) requirements for the 
Naval Surface Warfare Center, Crane Division (NSWC Crane) in Crane, 
Indiana. The SIP submission allows the Department of the Navy to use 
military specification coatings containing a VOC content of up to 5.45 
pounds per gallon for the painting operations in Building 2728 at NSWC 
Crane. This rulemaking action approves, using the direct final process, 
the Indiana SIP revision request.

DATES: This rule is effective on March 3, 2003, unless EPA receives 
adverse written comments by January 30, 2003. 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: J. Elmer Bortzer, Chief, 
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 terms ``you'' 
and ``me'' refer to the reader of this rulemaking and to sources 
subject

[[Page 79860]]

to the State rule addressed by this proposed rulemaking, and the terms 
``we,'' ``us,'' or ``our'' refer to the EPA.

    A. What Action Is EPA Taking?
    B. Why is EPA Taking This Action?
    C. How Does This Action Change Pollution Control Requirements 
for NSWC Crane?
    D. How Did EPA Make This Determination?
    E. Will This Action Adversely Impact Air Quality in the Area?
    F. What Is EPA's Final Determination?

A. What Action Is EPA Taking?

    EPA is approving a revision to Indiana's SIP to allow the 
Department of the Navy to use military specification coatings 
containing a VOC content up to 5.45 pounds of VOC per gallon of coating 
less water for the projectile renovations operations in Building 2728 
at NSWC Crane.

B. Why Is EPA Taking This Action?

    SIP rule 326 IAC 8-2-9 (General Provisions Relating to VOC Rules: 
Miscellaneous Metal Coating Operations) generally prohibits 
miscellaneous metal coating operations from using coatings with a VOC 
content greater than 3.5 pounds of VOC per gallon of coating less 
water. NSWC Crane submitted a petition to the Commissioner of IDEM on 
July 13, 1999 requesting the use of military specification coatings 
containing a VOC content greater than 3.5 pounds per gallon. NSWC Crane 
requested the change because it could not locate any low VOC substitute 
that would meet the military specification TT-E-516, TT-P-664D, or TT-
T-306 requirements. These coatings are required to meet the performance 
specifications for coating of the military projectiles currently 
manufactured at NSWC Crane.
    According to 326 IAC 8-1-7 (General Provisions Relating to VOC 
Rules: Military Specifications), if emission limitations established in 
326 IAC Article 8 (General Provisions Relating to VOC) conflict with 
military specifications, the owner or operator of the source may 
petition the Commissioner of IDEM to have military specifications be 
the controlling limitation. If the Commissioner approves the petition, 
the modified limitation shall be submitted to EPA as a SIP revision.
    IDEM evaluated the petition for military specifications and the 
proposed SIP limit of 5.45 pounds of VOC per coating less water. The 
coatings that NSWC Crane is currently using meet the requirements of 
Composition L, which according to the corresponding Military 
Specifications is the low-VOC version of these materials. Based on the 
Material Safety Data Sheets for the materials used in this operation, 
IDEM calculated that the VOC content for all the coatings used ranged 
from 4.88 to 5.45 pounds of VOC per coating less water. Therefore, the 
5.45 pounds of VOC per coating less water is the highest allowable 
limit which will enable all coatings in this operation to be in 
compliance.
    On April 3, 2000, IDEM submitted to EPA the modified limitations as 
a revision to the SIP. NSWC Crane submitted additional information on 
October 18, 2001 and June 28, 2002, in response to requests for 
additional justification from IDEM and EPA. In this notice, we are 
taking action to approve the submittal.

C. How Does This Action Change Pollution Control Requirements for NSWC 
Crane?

    In the early 1990s Indiana adopted RACT regulations for the entire 
State. We approved these regulations and incorporated them into 
Indiana's SIP for ozone (40 CFR 52.770). NSWC Crane manufactures 
ammunition, rockets and other military ordinances and, under these 
rules, is subject to a limit of 3.5 pounds of VOC per gallon of coating 
less water for coatings used on military projectiles.
    Our approval of alternate control requirements for NSWC Crane 
exempts the painting operations in Building 2728 from the 3.5 pounds of 
VOC per gallon of coating limit required for any miscellaneous metal 
coating operation and will allow the use of military specification 
coatings, containing a VOC limit of up to 5.45 pounds of VOC per gallon 
of coating less water.

D. How Did EPA Make This Determination?

    EPA reviewed the military specifications provided by NSWC Crane and 
submitted by IDEM, and independently investigated the availability of 
alternate coatings. EPA has determined that there are currently no 
approved alternative coatings available that meet the military 
specifications for the 155mm projectiles painted at NSWC Crane.
    In making this determination, EPA consulted with the Armament 
Research Development and Engineering Center (ARDEC), in Picatinny, NJ, 
the agency responsible for identifying the paint requirements for the 
155mm projectiles used at NSWC Crane. ARDEC is currently executing a 
low-VOC ammunition coating project to address the environmental coating 
issue at the NSWC Crane facility and is in the process of testing VOC 
compliant coatings to determine if they will comply with military 
specifications used at NSWC Crane. The laboratory testing phase of 
selected VOC compliant coating candidates was completed this summer and 
the next phase consists of field testing selected coatings to determine 
if they meet the specifications. Once ARDEC identifies that complying 
coatings are available, NSWC Crane will need to modify its operations 
to allow for the use of coatings complying with the 3.5 pounds of VOC 
per gallon of coating less water.

E. Will This Action Adversely Impact Air Quality in the Area?

    NSWC Crane is located in Martin County which is designated as 
attainment for ozone. All available monitoring data indicates that the 
area is in attainment of the 1-hour standard and regional modeling 
indicates that the area will meet the 8-hour standard when Indiana's 
nitrogen oxide rule is in effect. Since 1999, NSWC Crane has been 
operating under a State-approved variance which allows emissions 
equivalent to the emissions allowed under the SIP revision that we are 
approving with this action. Consequently, our approval of the alternate 
control requirements for NSWC Crane should not interfere with 
attainment or continued maintenance of the ozone standard.

F. What Is EPA's Final Determination?

    Based on the rationale set forth above, we are approving a revision 
to the VOC control requirements for the painting operations in Building 
2728 at NSWC Crane. Our approval of this revision makes federally 
enforceable the portion of the State's October 12, 1999, Significant 
Source Modification No. SSM101-11153-00005, which establishes alternate 
control requirements for NSWC Crane.
    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 January 30, 2003. 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 March 3, 2003.

[[Page 79861]]

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 (Pub. L. 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. section 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. Section 804 exempts from section 801 the 
following types of rules: (1) Rules of particular applicability; (2) 
rules relating to agency management or personnel; and (3) rules of 
agency organization, procedure, or practice that do not substantially 
affect the rights or obligations of non-agency parties. 5 U.S.C. 
804(3). EPA is not required to submit a rule report regarding this 
action under section 801 because this is a rule of particular 
applicability.
    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 March 3, 2003. 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, Hazardous air 
pollutants, Incorporation by reference, Volatile organic compounds, 
Ozone.

    Dated: November 14, 2002.
Bharat Mathur,
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)(156) to read 
as follows:


Sec.  52.770  Identification of plan.

* * * * *
    (c) * * *
    (156) On April 3, 2000 the State submitted a revision to Indiana's 
State Implementation Plan to allow the Department of the Navy use of 
military specification coatings containing volatile organic compound 
(VOC) control requirements with content up to 5.45 pounds of VOC per 
gallon of coating less water for the projectile renovations operations 
in Building 2728 at the Naval Surface Warfare Center, Crane Division.
    (i) Incorporation by reference.
    (A) Part 70 Significant Source Modification No.: 101-11153-00005 as 
issued by the Indiana Air Pollution Control Board on October 12, 1999.

[FR Doc. 02-31669 Filed 12-30-02; 8:45 am]
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