[Federal Register Volume 71, Number 112 (Monday, June 12, 2006)]
[Rules and Regulations]
[Pages 33625-33628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-5252]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2006-0004; FRL-8176-4]


Approval and Promulgation of Air Quality Implementation Plans; 
Indiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving revisions to the Indiana State Implementation 
Plan (SIP) for ozone. In these revisions, the State has incorporated 
changes EPA made to its definition of volatile organic compound (VOC) 
and its list of Hazardous Air Pollutants (HAP). As a result of EPA's 
approval, five chemical compounds will no longer be considered VOCs and 
one compound will no longer be considered a HAP under Indiana's SIP.

DATES: This direct final rule will be effective August 11, 2006, 
without further notice, unless EPA receives adverse comment by July 12, 
2006. If adverse comment is received, EPA will publish a timely 
withdrawal of the direct final rule in the Federal Register informing 
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2006-0004, by one of the following methods:
     http://www.regulations.gov: Follow the online instructions 
for submitting comments.
     E-mail: [email protected].
     Fax: (312) 886-5824.
     Mail: John M. Mooney, Chief, Criteria Pollutant Section, 
(AR-18J), U.S. Environmental Protection Agency, 77 West Jackson 
Boulevard, Chicago, Illinois 60604.
     Hand Delivery: John M. Mooney, Chief, Criteria Pollutant 
Section, (AR-18J), U.S. Environmental Protection Agency, 77 West 
Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are only 
accepted during the Regional Office's normal hours of operation, and 
special arrangements should be made for deliveries of boxed 
information. 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 Docket ID No. EPA-R05-OAR-
2006-0004. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, 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 http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, 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 http://www.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 
this document.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at the Environmental 
Protection Agency, Region 5, Air and Radiation Division, 77 West 
Jackson Boulevard, Chicago, Illinois 60604. This Facility is open from 
8:30 a.m. to 4:30 p.m., Monday

[[Page 33626]]

through Friday, excluding legal holidays. We recommend that you 
telephone Matt Rau, Environmental Engineer, at (312) 886-6524 before 
visiting the Region 5 office.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. What Should I Consider as I Prepare My Comments for EPA?
II. What Is EPA Approving?
III. What Is the Background for this Action?
IV. What Is EPA's Analysis of the State Submission?
V. What Are the Environmental Effects of These Actions?
VI. What Action Is EPA Taking Today?
VII. Statutory and Executive Order Reviews

I. What Should I Consider as I Prepare My Comments for EPA?

    A. Submitting CBI. Do not submit this information to EPA through 
http://www.regulations.gov or e-mail. Clearly mark the part or all of 
the information that you claim to be CBI. For CBI information in a disk 
or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM 
as CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    B. Tips for Preparing Your Comments. When submitting comments, 
remember to:
     Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register date and 
page number).
     Explain why you agree or disagree; suggest alternatives 
and substitute language for your requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
     Provide specific examples to illustrate your concerns, and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
     Make sure to submit your comments by the comment period 
deadline identified.

II. What Is EPA Approving?

    EPA is approving revisions to Indiana's definitions for ``VOC'' and 
``nonphotochemically reactive hydrocarbons,'' as well as its HAP list. 
By incorporating by reference 40 CFR 51.100(s), the following four VOC 
compounds will no longer be considered VOCs under Indiana SIP rules 326 
IAC 1-2-48 (``nonphotochemically reactive hydrocarbons'') and 326 IAC 
1-2-90 (``Volatile organic compound''), and sources of these compounds 
will not have to follow any of the VOC requirements when using these 
compounds: 1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane; 3-ethoxy-
1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl) hexane; 
1,1,1,2,3,3,3-heptafluoropropane; and methyl formate.
    In addition, Indiana has revised 326 IAC 1-2-48 and 1-2-90 to 
incorporate by reference 40 CFR 51.100(s)(5),such that sources of t-
butyl acetate will no longer be subject to VOC emission or content 
limits. Such sources will, however, still need to follow VOC record 
keeping, emission reporting, and inventory requirements.
    Indiana has also revised 326 IAC 1-2-48 to incorporate by reference 
40 CFR 51.100(s)(2), such that sources may exclude neglibly 
photochemically reactive compounds that are measured as VOC during a 
compliance test.
    Finally, Indiana has revised its definition of ``hazardous air 
pollutant'' or ``HAP'' in 326 IAC 1-2-33.5 to incorporate by reference 
40 CFR 63.63, such that the compound ethylene glycol monobutyl ether 
(EGBE) will no longer be on its list of HAPs.

III. What Is the Background for This Action?

    Indiana's requested revisions to the VOC definitions and list of 
HAPs adopt changes that EPA made on November 29, 2004. In the first 
action (69 FR 69298), EPA added four chemicals to the list of excluded 
compounds at 40 CFR 51.100(s)(1), on the basis that these compounds 
make a negligible contribution to tropospheric ozone formation. These 
are: 1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane; 3-ethoxy-
1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl) hexane; 
1,1,1,2,3,3,3-heptafluoropropane; and methyl formate.
    In the second action (69 FR 69304), EPA modified the definition of 
VOC at 40 CFR 51.100(s)(5) to exclude t-butyl acetate as a VOC for 
purposes of VOC emission limitations or VOC content requirements. While 
EPA determined that t-butyl acetate has a negligible contribution to 
tropospheric ozone formation, it also concluded that the compound 
should still be subject to all record keeping, emissions reporting, 
modeling, and inventory VOC requirements.
    In the third action (69 FR 69325), EPA amended 40 CFR Part 63 to 
remove EGBE from the HAP list (40 CFR 63.63). This was the result of 
EPA's determination that emissions, ambient concentrations, 
bioaccumulation, or deposition of EGBE may not reasonably be 
anticipated to cause any adverse effects to the human health or adverse 
environmental effects. 69 FR at 69321.
    Finally, on February 3, 1992, EPA amended 40 CFR 51.100 by adding 
paragraph (s)(2), such that sources may exclude negligibly 
photochemically reactive compounds that are measured as VOC during a 
compliance test (57 FR 3945).

IV. What Is EPA's Analysis of the State Submission?

    Indiana's requested revisions incorporate by reference the 
following federal regulations: 40 CFR 51.100(s)(1), the de-listing of 
four compounds formerly considered VOCs; 40 CFR 51.100(s)(2), the 
authority to exclude negligibly photochemically reactive compounds that 
are measured as VOC during a compliance test; 40 CFR 51.100(s)(5), the 
modification of the definition of VOC concerning t-butyl acetate; and 
40 CFR 63.63, the removal of EGBE from the HAP list. They are, 
therefore, approvable as revisions to Indiana's SIP.

V. What Are the Environmental Effects of These Actions?

    Volatile organic compounds are precursors to ozone formation. 
Complex photochemical reactions involving VOCs form tropospheric ozone. 
EPA has determined that the five compounds make a negligible 
contribution to ozone formation. Thus, the compounds are no longer 
considered to be VOCs.
    Ozone decreases lung function, causing chest pain and coughing. It 
can aggravate asthma, reduce lung capacity, and increase risk of 
respiratory diseases like pneumonia and bronchitis. Children playing 
outside and healthy adults who work or exercise outside also may be 
harmed by elevated ozone levels. Ozone also reduces vegetation growth 
in economically important agricultural crops and wild plants.
    Exposure to HAPs at sufficient concentration and duration may 
increase the risk of cancer and other serious health effects. These 
health

[[Page 33627]]

effects include damage to the immune system and neurological, 
reproductive, developmental, and respiratory health problems. Drinking 
water can be contaminated by HAPs. In addition, some HAPs can enter the 
food chain through the exposure of crops and animals. Animals can 
suffer health effects from HAP exposure similar to the effects in 
humans.

VI. What Action Is EPA Taking Today?

    EPA is approving, through direct final rulemaking, revisions to the 
Indiana ozone and hazardous air pollutant regulations. As a result of 
EPA's approval of Indiana's SIP submission, four compounds are no 
longer considered to be VOCs and a fifth compound is not subject to VOC 
content and emission limits but will still be subject to other 
requirements. In addition, EGBE will no longer be considered a HAP.
    We are publishing this action without prior proposal because we 
view this as a noncontroversial amendment and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the state plan if relevant adverse 
written comments are filed. This rule will be effective August 11, 2006 
without further notice unless we receive relevant adverse written 
comments by July 12, 2006. If we receive such comments, we will 
withdraw this action before the effective date by publishing a 
subsequent document that will withdraw the final action. All public 
comments received will then be addressed in a subsequent final rule 
based on the proposed action. The EPA will not institute a second 
comment period. Any parties interested in commenting on this action 
should do so at this time. If we do not receive any comments, this 
action will be effective August 11, 2006.

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 That Significantly Affect Energy Supply, 
Distribution, or Use

    Because it is not a ``significant regulatory action'' under 
Executive Order 12866 or a ``significant energy action,'' 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 (59 
FR 22951, 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 August 11, 2006. 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).)

[[Page 33628]]

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Ozone, Volatile organic 
compounds.

    Dated: May 17, 2006.
Norman Niedergang,
Acting Regional Administrator, Region 5.

0
For the reasons stated in the preamble, part 52, chapter I, of 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)(176) to read as 
follows:


Sec.  52.770  Identification of plan.

* * * * *
    (c) * * *
    (176) On December 21, 2005, Indiana submitted revised regulations 
that incorporate by reference 40 CFR 51.100(s)(1), as amended at 69 FR 
69298. As a result, the compounds, 1,1,1,2,2,3,3-heptafluoro-3-methoxy-
propane, 3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-
(trifluoromethyl)hexane, 1,1,1,2,3,3,3-heptafluoropropane, and methyl 
formate, are added to the list of ``nonphotochemically reactive 
hydrocarbons'' or ``negligibly photochemically reactive compounds'' in 
326 IAC 1-2-48 and these compounds are deleted from the list of VOCs in 
326 IAC 1-2-90. Companies producing or using the four compounds will no 
longer need to follow the VOC rules for these compounds.
    The requirements in 326 IAC 1-2-48 and 1-2-90 were also modified 
for the compound t-butyl acetate. It is not considered a VOC for 
emission limits and content requirements. T-butyl acetate will still be 
considered a VOC for the recordkeeping, emissions reporting, and 
inventory requirements.
    Indiana is also revising 326 IAC 1-2-33.5 to remove ethylene glycol 
monobutyl ether from its HAP list. This chemical will no longer be 
considered a hazardous air pollutant.
    (i) Incorporation by reference.
    (A) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 1: General Provisions, Rule 2: Definitions, Section 
33.5: ```Hazardous air pollutant' or `HAP' defined,'' and Section 48: 
```Nonphotochemically reactive hydrocarbons' or `negligibly 
photochemically reactive compounds' defined,'' and Section 90: 
```Volatile organic compound' or `VOC' defined.'' Filed with the 
Secretary of State on October 20, 2005 and effective November 19, 2005. 
Published in 29 Indiana Register 795-797 on December 1, 2005.

[FR Doc. 06-5252 Filed 6-9-06; 8:45 am]
BILLING CODE 6560-50-P