[Federal Register Volume 72, Number 16 (Thursday, January 25, 2007)]
[Proposed Rules]
[Pages 3377-3379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-1099]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2006-0716; FRL-8273-2]


Approval and Promulgation of Air Quality Implementation Plans; 
Indiana; Exemption From VOC Requirements for Sources Subject to the 
National Emission Standards for Hazardous Air Pollutants for Boat 
Manufacturing or Reinforced Plastics Composites Manufacturing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: On July 17, 2006, the Indiana Department of Environmental 
Management (IDEM) submitted an amendment to its volatile organic 
compound (VOC) rules for new facilities for approval into the Indiana 
State Implementation Plan (SIP). This amended rule exempts facilities 
subject to the boat manufacturing and reinforced plastics composites 
production national emission standards for hazardous air pollutants 
(NESHAPS) from the Indiana SIP. This rule revision is approvable 
because the hazardous air pollutant covered by these NESHAPS rules is 
styrene, which is always used and is also a VOC. Therefore, the VOC 
control requirements in these rules are always applicable. In addition, 
the provisions in these rules are enforceable and result in a clearly 
defined level of VOC reductions dependent upon the specific type of 
operation.

DATES: Comments must be received on or before February 26, 2007.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2006-0716, by one of the following methods:


[[Page 3378]]


    1. http://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-mail: [email protected].
    3. Fax: (312)886-5824.
    4. Mail: John M. Mooney, Chief, Criteria Pollutant Section, Air 
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West 
Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: John M. Mooney, Chief, Criteria Pollutant 
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection 
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such 
deliveries are only accepted during the Regional Office normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information. The Regional Office 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-
2006-0716. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
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 www.regulations.gov or e-mail. 
The 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 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 
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 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 AM 
to 4:30 PM, Monday through Friday, excluding legal holidays. We 
recommend that you telephone Steven Rosenthal at (312) 886-6052 before 
visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Steven Rosenthal, Environmental 
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-6052, [email protected].

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 the Purpose and Background for This Action?
III. What Is EPA's Analysis of Indiana's Rule Amendment?
IV. What Action Is EPA Taking Today?
V. Statutory and Executive Order Reviews

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

    When submitting comments, remember to:
    1. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    2. Follow directions--The EPA may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    3. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    4. Describe any assumptions and provide any technical information 
and/or data that you used.
    5. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    6. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    7. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    8. Make sure to submit your comments by the comment period deadline 
identified.

II. What Is the Purpose and Background for This Action?

    Currently, new facilities not regulated by a provision in 326 IAC 
Article 8 (Indiana's VOC Rules) and which have potential emissions of 
25 tons or more per year of VOC are required to reduce VOC emissions by 
using best available control technology (BACT) under 326 IAC 8-1-6 (new 
facilities: general reduction requirements). Establishing BACT is a 
case-by-case determination based on the maximum reduction that is 
technically feasible, while taking into account energy, environmental 
and economic impact. Establishing specific standards in place of case-
by-case analyses improves the clarity, predictability, and timeliness 
of permit decisions that are currently subject to 326 IAC 8-1-6.
    Styrene is classified as both a hazardous air pollutant (HAP) and a 
VOC and is the predominant regulated air pollutant from sources subject 
to 326 IAC 20-48, which incorporates by reference 40 CFR part 63, 
Subpart VVVV (Boat manufacturing), and 326 IAC 20-56, which 
incorporates by reference 40 CFR part 63, Subpart WWWW (Reinforced 
Plastics Composites production). Numerous case-by-case BACT analyses 
for sources subject to 326 IAC 20-48 or 326 IAC 20-56 have been 
submitted to, and approved by, IDEM. These analyses establish that the 
emission limitation in the applicable NESHAP satisfies the requirement 
for BACT. However, 326 IAC 8-1-6 requires the applicant to compile the 
energy, environmental, and economic analyses of alternative controls, 
and IDEM staff must review and approve those analyses. For sources 
subject to 326 IAC 20-48 or 326 IAC 20-56, this rulemaking will reduce 
the administrative burden for both the applicant and IDEM, since 
compliance with the applicable NESHAPS will assure that BACT 
requirements have been addressed and met.
    Therefore, in order to make its BACT process more efficient, on 
July 17, 2006, Indiana submitted exemptions to its new facilities, 
general reduction requirements rule in 326 IAC 8-1-6.

III. What Is EPA's Analysis of Indiana's Rule Amendment?

    This rule revision is approvable because the Hazardous Air 
Pollutant (styrene) covered by these NESHAPS

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rules is a VOC, and the provisions in these rules are enforceable and 
result in specified VOC reductions dependent upon the specific type of 
operation.

IV. What Action Is EPA Taking Today?

    EPA is proposing to approve Indiana's amendment to its SIP 
consisting of an amendment to 326 IAC 8-1-6, new facilities; general 
reduction requirements. This rule exempts boat manufacturers subject to 
326 IAC 20-48, NESHAPS for boat manufacturing, or reinforced plastics 
composites manufacturers subject to 326 IAC 20-56, NESHAPS for 
reinforced plastics composites production facilities, from the 
requirement to do a BACT analysis, for the purposes of 326 IAC 8-1-6, 
provided they comply with the applicable NESHAPS.
    However, any approval of this exemption to 326 IAC 8-1-6 would not 
address (or take action on) whether the boat manufacturing or 
reinforced plastics composites production NESHAPS represent reasonably 
available control technology, which is the level of control required by 
EPA for existing sources in ozone nonattainment areas. In addition, any 
approval would not address (or take action on) whether these NESHAPS 
regulations satisfy BACT as required by 326 IAC 2-2 (prevention of 
significant deterioration) or lowest achievable emission rate as 
required by 326 IAC 2-3 (nonattainment new source review).

VI. Statutory and Executive Order Reviews

Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, September 30, 1993), this 
action is not a ``significant regulatory action'' and, therefore, is 
not subject to review by the Office of Management and Budget.

Paperwork Reduction Act

    This proposed 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.).

Regulatory Flexibility Act

    This proposed action merely proposes to approve state law as 
meeting Federal requirements and imposes no additional requirements 
beyond those imposed by State law. Accordingly, the Administrator 
certifies that this proposed 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 proposes to approve 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 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 proposes to approve 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 13175: Consultation and Coordination With Indian Tribal 
Governments

    This proposed 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 13045: Protection of Children From Environmental Health 
and Safety Risks

    This proposed 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.

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 regulatory 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).

National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), 15 U.S.C. 272, requires Federal agencies to use 
technical standards that are developed or adopted by voluntary 
consensus to carry out policy objectives, so long as such standards are 
not inconsistent with applicable law or otherwise impractical. In 
reviewing SIP submissions, EPA's role is to approve State choices, 
provided that they meet the criteria of the Clean Air Act. Absent a 
prior existing requirement for the State to use voluntary consensus 
standards, EPA has no authority to disapprove a SIP submission for 
failure to use such standards, and it would thus be inconsistent with 
applicable law for EPA to use voluntary consensus standards in place of 
a program submission that otherwise satisfies the provisions of the 
Clean Air Act. Therefore, the requirements of section 12(d) of the NTTA 
do not apply.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: January 18, 2007.
Bharat Mathur,
Acting Regional Administrator, Region 5.
 [FR Doc. E7-1099 Filed 1-24-07; 8:45 am]
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