[Federal Register Volume 68, Number 139 (Monday, July 21, 2003)]
[Rules and Regulations]
[Pages 42978-42981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18298]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IN157-1a; FRL-7517-5]


Approval and Promulgation of Implementation Plans; Indiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The EPA is approving a State Implementation Plan (SIP) 
revision submitted by the Indiana Department of Environmental 
Management (IDEM) on January 7, 2003. The revised SIP pertains to 
certain miscellaneous metal coating operations and the control of 
gasoline Reid vapor pressure in Clark and Floyd Counties, Indiana. The 
purpose of this action is to approve amendments to the applicable 
Indiana rules, assuring that certain controls in the two counties 
remain in effect even after the counties' redesignation to attainment. 
In addition, EPA is approving minor changes to the rules, which are 
administrative in nature and intended to enhance the rules' clarity.

DATES: This rule is effective on September 19, 2003, unless EPA 
receives adverse written comments by August 20, 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 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 the purpose of Indiana's miscellaneous metal coating 
operations and control of gasoline reid vapor pressure requirements?
    E. Why is Indiana making changes to these rules?
    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 miscellaneous metal 
coating operations and control of gasoline Reid vapor pressure 
requirements?
    B. Is this rule approvable?
III. EPA Rulemaking Action
IV. Statutory and Executive Order Reviews

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

[[Page 42979]]

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 Code of Federal Regulations (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 the Purpose of Indiana's Miscellaneous Metal Coating 
Operations and Control of Gasoline Reid Vapor Pressure Requirements?

    326 Indiana Administrative Code (IAC) 8-2-9 contains Indiana's 
miscellaneous metal coating operation requirements, and establishes 
limitations on the amount of volatile organic compounds that may be 
discharged into the atmosphere for facilities engaged in the surface 
coating of miscellaneous metal parts and products. The Indiana Air 
Pollution Control Board originally adopted these requirements and 
submitted them to EPA for federal approval on October 23, 1990. EPA 
incorporated these requirements into Indiana's federally enforceable 
ozone SIP as part of the State's stationary source control strategy in 
partial satisfaction of the requirements of the CAA.
    326 IAC 13-3 contains Indiana's gasoline Reid vapor pressure 
requirements, and limits the Reid vapor pressure level of gasoline 
during the summer ozone season in Clark and Floyd Counties to seven and 
eight-tenths (7.8) pound per square inch per gallon.
    Lower Reid vapor pressure gasoline is a fuel control measure that 
is used during the summer ozone season to reduce emissions of volatile 
organic compounds from motor vehicles. Fuel with a lower volatility 
achieves emissions reductions in ozone precursors by reducing aromatic 
hydrocarbon emissions from gasoline and thereby reducing its ability to 
evaporate as quickly. The Indiana Air Pollution Control Board adopted 
this requirement on July 6, 1995; EPA incorporated it into Indiana's 
enforceable ozone SIP on February 9, 1996 (61 FR 4895).

E. Why Is Indiana Making Changes to These Rules?

    Section 182(a) of the Act requires States with ozone nonattainment 
areas classified as ``marginal'' or above to submit SIP revisions to 
reduce volatile organic compound emissions. Initially, EPA had 
designated Clark and Floyd Counties as ``moderate'' for ozone. On 
October 9, 2001, EPA announced that Clark and Floyd Counties had 
monitored attainment of the national air quality standard for ozone and 
had met all applicable requirements of the Act. As a result, EPA 
approved Indiana's request to redesignate the area to attainment of the 
ozone standard (See 66 FR 53665).
    Because of the change in Clark and Floyd Counties' attainment 
status, Indiana revisited a number of rules to clarify that certain 
requirements would continue to apply even after the change in 
classification. The purpose of today's action is to approve amendments 
to those Indiana rules which assure that certain controls in the two 
counties remain in effect even after the counties' redesignation to 
attainment.

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

    Indiana held public hearings on this rule on June 5, 2002 and 
August 7, 2002, in Indianapolis, Indiana. The Indiana Air Pollution 
Control Board adopted final rules on August 7, 2002. The rule revisions 
became effective December 15, 2002, and were formally submitted to EPA 
on January 7, 2003, as a revision to the Indiana SIP for ozone.

II. Evaluation of the Rule

A. What Are the Changes to the State's Miscellaneous Metal Coating 
Operations and Control of Gasoline Reid Vapor Pressure Requirements?

    Indiana's amendments to 326 IAC 8-2-9 (Miscellaneous metal coating 
operations) and 326 IAC 13-3-1 (Applicability, Control of gasoline Reid 
vapor pressure) are not a substantive change to the rules, but rather 
are intended to ensure that certain existing requirements stay in place 
in Clark and Floyd even though the area has been redesignated to 
attainment for ozone.
    Indiana amended 326 IAC 8-2-9, Miscellaneous metal coating 
operations, to add language concerning the application of coating in 
Clark or Floyd County to assure controls in the two counties remained 
in effect after the counties were redesignated to attainment. Indiana 
amended 326 IAC 13-3-1, Control of gasoline Reid vapor pressure 
applicability, to delete the reference to Clark and Floyd Counties 
being in an ozone nonattainment area. 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 Indiana's Miscellaneous metal coatings operations (326 IAC 8-2-
9) and Control of gasoline Reid vapor pressure (326 IAC 13-3-1) should 
assure that certain existing VOC requirements remain in effect. These 
rule revisions are, therefore, approvable.

III. EPA Rulemaking Action

    We are approving, through direct final rulemaking, revisions to 
Indiana's Miscellaneous metal coatings operations and Control of 
gasoline Reid vapor pressure requirements. The purpose of this action 
is to approve amendments to these Indiana rules which assure controls 
in Clark and Floyd Counties remain in effect, even after the counties' 
redesignation to attainment. 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 August 20, 2003. Should we receive such comments, we 
will publish a final rule informing the public that this action

[[Page 42980]]

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 September 19, 2003.

IV. Statutory and Executive Order Reviews

Executive Order 12866: Regulatory Planning and Review

    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.

Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    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).

Regulatory Flexibility Act

    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.).

Unfunded Mandates Reform Act

    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).

Executive Order 13175: Consultation and Coordination With Indian Tribal 
Governments

    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).

Executive Order 13132: Federalism

    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.

Executive Order 13045: Protection of Children From Environmental Health 
and Safety Risks

    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.

National Technology Transfer Advancement Act

    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.

Paperwork Reduction Act

    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.).

Congressional Review Act

    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 this action must be filed in the United States Court 
of Appeals for the appropriate circuit by September 19, 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, Intergovernmental relations, 
Ozone, Reporting and recordkeeping requirements, Volatile organic 
compounds.

    Dated: June 9, 2003.
Bharat Mathur,
Acting Regional Administrator, Region 5.


0
Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart P--Indiana

0
2. Section 52.770, is amended by adding paragraph (c)(162) to read as 
follows:


Sec.  52.770  Identification of plan.

* * * * *
    (c) * * *
    (162) On January 7, 2003 the Indiana Department of Environmental 
Management submitted a State Implementation Plan (SIP) revision 
amending certain provisions of Indiana's 326 IAC 8-2-9 (Miscellaneous 
metal coating operations) and 326 IAC 13-3-1 (Applicability, Control of 
gasoline Reid vapor pressure).
    (i) Incorporation by reference.
    (A) 326 Indiana Administrative Code 8-2-9; and 13-3-1 adopted 
August 7, 2002, effective December 15, 2002.
    (ii) Additional materials.
    (A) January 7, 2003 letter and enclosures from the Indiana 
Department of Environmental Management (IDEM) Commissioner to the 
Regional Administrator of the United States

[[Page 42981]]

Environmental Protection Agency (EPA) submitting Indiana's revisions to 
the ozone SIP.

[FR Doc. 03-18298 Filed 7-18-03; 8:45 am]
BILLING CODE 6560-50-P