[Federal Register Volume 70, Number 69 (Tuesday, April 12, 2005)]
[Rules and Regulations]
[Pages 19000-19003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7329]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R05-OAR-2005-IN-0001; FRL-7894-8]


Approval and Promulgation of Air Quality Implementation Plans; 
Indiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is approving revisions to volatile organic compound 
(VOC) requirements for Transwheel Corporation (Transwheel) of 
Huntington County, Indiana. Transwheel owns and operates an aluminum 
wheel reprocessing plant at which it performs cold cleaner degreasing 
operations. On December 22, 2004, the Indiana Department of 
Environmental Management (IDEM) submitted a Commissioner's Order 
containing the revised requirements, and requested that EPA approve it 
as an amendment to the Indiana State Implementation Plan (SIP). The 
December 22, 2004, submission supplements a November 8, 2001, 
submission. IDEM is seeking EPA approval of ``an equivalent control 
device'' for Transwheel's degreasing operations, under 326 Indiana 
Administrative Code (IAC) 8-3-5(a)(5)(C).

DATES: This ``direct final'' rule is effective on June 13, 2005 unless 
EPA receives adverse written comments by May 12, 2005. 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: Submit comments, identified by Regional Material in E-Docket 
(RME) ID No. R05-OAR-2005-IN-0001 by one of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
on-line instructions for submitting comments.
    Agency Website: http://docket.epa.gov/rmepub/. RME, EPA's 
electronic public docket and comments system, is EPA's preferred method 
for receiving comments. Once in the system, select ``quick search,'' 
then key in the appropriate RME Docket identification number. Follow 
the on-line instructions for submitting comments.
    E-mail: [email protected].
    Fax: (312)886-5824.
    Mail: You may send written comments to:
    John Mooney, Chief, Criteria Pollutant Section, (AR-18J), U.S. 
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, 
Illinois 60604.
    Hand delivery: Deliver your comments to: John Mooney, Chief, 
Criteria Pollutant Section, (AR-18J), U.S. Environmental Protection 
Agency, Region 5, 77 West Jackson Boulevard, 18th floor, Chicago, 
Illinois 60604.
    Such deliveries are only accepted during the Regional Office's 
normal hours of operation. The Regional Office's official hours of 
business are Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding 
Federal holidays.
    Instructions: Direct your comments to RME ID No. R05-OAR-2005-IN-
0001. EPA's policy is that all comments received will be included in 
the public docket without change, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through RME, regulations.gov,

[[Page 19001]]

or e-mail. The EPA RME website and the federal regulations.gov website 
are ``anonymous access'' systems, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through RME or regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional instructions on submitting 
comments, go to Section I of the SUPPLEMENTARY INFORMATION section of 
the related proposed rule which is published in the Proposed Rules 
section of this Federal Register.
    Docket: All documents in the electronic docket are listed in the 
RME index at http://docket.epa.gov/rmepub/. Although listed in the 
index, some information is not publicly available, i.e., CBI or other 
information whose disclosure is restricted by statute. Publicly 
available docket materials are available either electronically in RME 
or in hard copy at the U.S. Environmental Protection Agency, Region 5, 
Air and Radiation Division, 77 West Jackson Boulevard, Chicago, 
Illinois 60604. We recommend that you telephone Matt Rau, Environmental 
Engineer, at (312) 886-6524 before visiting the Region 5 office. This 
Facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, 
excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer, 
Criteria Pollutant Section, Air Programs Branch (AR-18J), U.S. 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, Telephone: (312) 886-6524, E-Mail: 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' are used we mean EPA.

Table of Contents

I. General Information
    A. Does This Action Apply to Me?
    B. How Can I Get Copies of This Document and Other Related 
Information?
    C. How and to Whom Do I Submit Comments?
II. What Is EPA Approving?
III. What Are the Changes From the Current Rule?
IV. What Is EPA's Analysis of the Supporting Materials?
V. What Are the Environmental Effects of These Actions?
VI. What Rulemaking Action Is EPA Taking?
VII. Statutory and Executive Order Reviews

I. General Information

A. Does This Action Apply to Me?

    This action applies to a single source, Transwheel Corporation, 
whose facility is located in Huntington County, Indiana.

B. How Can I Get Copies of This Document and Other Related information?

    1. The Regional Office has established an electronic public 
rulemaking file available for inspection at RME under ID No. R05-OAR-
2005-IN-0001, and a hard copy file which is available for inspection at 
the Regional Office. The official public file consists of the documents 
specifically referenced in this action, any public comments received, 
and other information related to this action. Although a part of the 
official docket, the public rulemaking file does not include CBI or 
other information whose disclosure is restricted by statute. The 
official public rulemaking file is the collection of materials that is 
available for public viewing at the Air Programs Branch, Air and 
Radiation Division, EPA Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604. EPA requests that if at all possible, you contact the 
person listed in the FOR FURTHER INFORMATION CONTACT section to 
schedule your inspection. The Regional Office's official hours of 
business are Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding 
Federal holidays.
    2. Electronic Access. You may access this Federal Register document 
electronically through the regulations.gov web site located at http://www.regulations.gov where you can find, review, and submit comments on 
Federal rules that have been published in the Federal Register, the 
Government's legal newspaper, and are open for comment.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing at the EPA Regional Office, 
as EPA receives them and without change, unless the comment contains 
copyrighted material, CBI, or other information whose disclosure is 
restricted by statute. When EPA identifies a comment containing 
copyrighted material, EPA will provide a reference to that material in 
the version of the comment that is placed in the official public 
rulemaking file. The entire printed comment, including the copyrighted 
material, will be available at the Regional Office for public 
inspection.

C. How and To Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate rulemaking identification number by including the text 
``Public comment on proposed rulemaking Region 5 Air Docket R05-OAR-
2005-IN-0001'' in the subject line on the first page of your comment. 
Please ensure that your comments are submitted within the specified 
comment period. Comments received after the close of the comment period 
will be marked ``late.'' EPA is not required to consider these late 
comments.
    For detailed instructions on submitting public comments and on what 
to consider as you prepare your comments see the ADDRESSES section and 
the section I General Information of the SUPPLEMENTARY INFORMATION 
section of the related proposed rule which is published in the Proposed 
Rules section of this Federal Register.

II. What Is EPA Approving?

    EPA is approving a revision to Indiana's VOC SIP for Transwheel. 
The company has requested that it be permitted to use an oil cover as 
an equivalent control device for its cold cleaner degreaser, under 326 
IAC 8-3-5(a)(5)(C). The oil cover is a layer of mineral oil several 
inches thick floating over the cleaning solvent in a dip tank. The 
solvent is a mixture of two water miscible compounds, N-methyl-2-
pyrrolidinone (NMP) and ethanol amine (MEA). The oil cover controls VOC 
emissions from the dip tank by reducing solvent evaporation.

III. What Are the Changes From the Current Rule?

    Indiana's cold cleaner degreaser control requirements are contained 
in 326 IAC 8-3-5. Under Section (a)(5) of this rule, degreasers that 
use volatile or heated solvent are required to control VOC emissions by 
using a water cover over the solvent, using a freeboard ratio over 
0.75, or by using ``other systems of demonstrated equivalent 
control...'' Such equivalent systems, however, must

[[Page 19002]]

be submitted to and approved by EPA as SIP revisions.

IV. What Is EPA's Analysis of the Supporting Materials?

    Indiana supplied EPA with technical information on the solvents 
used by Transwheel and the requested oil cover. Indiana also provided 
information on why a water cover would not work with the solvents used 
and why the freeboard ratio of the tank cannot practically be increased 
to the level required by 326 IAC 8-3-5.
    The solvents Transwheel uses, NMP and MEA, are miscible in water. 
An attempt to use a water cover would fail to reduce VOC emissions. The 
water would blend with the cleaning solvents and not provide any 
barrier against solvent evaporation. To meet the freeboard ratio 
requirement of 0.75, Transwheel would need to raise the freeboard 
height on its dip tank to 34 inches. This would require that the 
building be altered to accommodate the dip tank's increased height. The 
cost of raising the roof or lowering the floor makes this option cost 
prohibitive.
    In its ``Guide to Cleaner Technologies: Cleaning and Degreasing 
Process Changes'' (EPA/625/R-93/017), EPA suggests the use of an oil 
cover for operations using heated NMP. Transwheel uses a heated NMP and 
MEA solvent blend in its operation. The supplied technical information 
shows that NMP and MEA have similar vapor densities. The oil cover, a 
layer of mineral oil several inches deep, provides a physical barrier 
between the cleaning solvents and the atmosphere. Thus, it is 
reasonable to expect an oil cover to work well for controlling VOC 
emissions from an NMP and MEA solvent blend.
    It should also be noted that this request constitutes a petition 
for a site-specific reasonably available control technology (RACT) plan 
under 326 IAC 8-1-5. Consequently, Transwheel was required to 
demonstrate to IDEM that the oil cover constitutes RACT for the subject 
facility, as well as address the other factors specified in 326 IAC 8-
1-5(a).

V. What Are the Environmental Effects of These Actions?

    The primary reason for control technologies in this type of 
facility is to reduce precursors of tropospheric (ground level) ozone. 
Reactions involving VOCs and nitrogen oxides in warm air form 
tropospheric ozone. The highest concentrations of ozone occur in the 
warm months of the year. Ozone decreases lung function causing chest 
pain and coughing. It can aggravate asthma and other respiratory 
diseases. Children playing outside and healthy adults who work or 
exercise outside also may be harmed by elevated ozone levels. Ozone 
also reduces vegetation growth and reproduction including economically 
important agricultural crops.
    The oil cover is expected to provide equivalent VOC emission 
reductions to what would have been achieved by raising the freeboard 
height to the required freeboard ratio. Controlling VOC emissions from 
the Transwheel facility should help to reduce tropospheric ozone 
formation in northeastern Indiana.

VI. What Rulemaking Action Is EPA Taking?

    EPA is approving, through direct final rulemaking, revisions to VOC 
emissions regulations for the Transwheel aluminum wheel reprocessing 
facility in Huntington County, Indiana. The revision provides for the 
use of an oil cover as an equivalent VOC emission control system under 
326 IAC 8-3-5 for its cold cleaner degreaser.
    We are publishing this action without prior proposal because we 
view this as a noncontroversial revision and anticipate no adverse 
comments. However, in the ``Proposed Rules'' section of today's Federal 
Register, we are publishing a separate document that will serve as the 
proposal to approve the SIP revision if relevant adverse written 
comments are filed. This rule will be effective June 13, 2005 without 
further notice unless we receive relevant adverse written comment by 
May 12, 2005. If we receive such comments, we will publish a final rule 
informing the public that this rule will not take effect. We will 
address all public comments in a subsequent final rule based on the 
proposed rule. The EPA does not intend to institute a second comment 
period on this action. Any parties interested in commenting on this 
action must do so at this time.

VII. 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 (Pub. L. 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.

[[Page 19003]]

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. Section 804, however, exempts from section 801 the 
following types of rules: rules of particular applicability; rules 
relating to agency management or personnel; and 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 today's 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 June 13, 2005. 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, Intergovernmental 
relations, Incorporation by reference, Ozone, Volatile organic 
compounds.

    Dated: March 1, 2005.
Norman Niedergang,
Acting Regional Administrator, Region 5.

0
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]

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)(169) to read as 
follows:


Sec.  52.770  Identification of plan.

* * * * *
    (c) * * *
    (169) On December 22, 2004, Indiana submitted a request to revise 
the volatile organic compound requirements for Transwheel Corporation 
of Huntington County, Indiana. EPA is approving the oil cover as an 
equivalent control device under 326 Indiana Administrative Code 8-3-5 
(a)(5)(C).
    (i) Incorporation by reference.
    (A) Commissioner's Order 2004-04 as issued by the Indiana 
Department of Environmental Management on December 22, 2004.

[FR Doc. 05-7329 Filed 4-11-05; 8:45 am]
BILLING CODE 6560-50-P