[Federal Register Volume 75, Number 36 (Wednesday, February 24, 2010)]
[Rules and Regulations]
[Pages 8246-8249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3523]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2009-0704; FRL-9107-2]


Approval and Promulgation of Air Quality Implementation Plans; 
Indiana; Volatile Organic Compound Emission Control Measures for Lake 
and Porter Counties in Indiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving into the Indiana State Implementation Plan 
(SIP) several volatile organic compound (VOC) control rules. The 
purpose of these rules is to satisfy Indiana's VOC reasonably available 
control technology (RACT) requirements for the Lake and Porter County 
portion of the Chicago-Gary-Lake County, IL-IN, 8-hour ozone 
nonattainment area. These rules are approvable because they satisfy the 
control and enforceability requirements of the Clean Air Act (Act), 
including Indiana's requirement to adopt VOC RACT rules consistent with 
the Control Technique Guideline (CTG) documents issued by EPA in 2006, 
2007 and 2008. EPA proposed these rules for approval on October 16, 
2009, and received no comments.

DATES: This final rule is effective on March 26, 2010.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Nos. EPA-R05-OAR-2009-0704. All documents in the docket are listed on 
the http://www.regulations.gov Web site. Although listed in the index, 
some information is not publicly available, i.e., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the Internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available either 
electronically through 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 through Friday, 
excluding Federal holidays. We recommend that you telephone Steven 
Rosenthal, Environmental Engineer, at (312) 886-6052 before visiting 
the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Steven Rosenthal, Environmental 
Engineer, Criteria Pollutant Section, Air

[[Page 8247]]

Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 
West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6052.

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 Public Comments Were Received on the Proposed Approval and 
What Is EPA's Response?
II. What Action Is EPA Taking?
III. What Is the Purpose of This Action?
IV. Statutory and Executive Order Reviews

I. What Public Comments Were Received on the Proposed Approval and What 
Is EPA's Response?

    No comments were received.

II. What Action Is EPA Taking?

    EPA is approving several new VOC rules into Indiana's SIP because 
they are consistent with the Act, including its VOC RACT requirements. 
These include rules for source categories for which the Indiana 
Department of Environmental Management (IDEM) had previously indicated 
it had no sources (negative declarations) and rules intended to satisfy 
CTGs issued in 2006, 2007 and 2008. EPA is also approving a negative 
declaration for the 2008 CTG ``Control Technique Guidelines for 
Fiberglass Boat Manufacturing Materials'' in which IDEM documented that 
it has no sources subject to this CTG.

III. What Is the Purpose of This Action?

    The primary purpose of these rules is to satisfy the requirement in 
section 182(b) of part D of title I of the Act that VOC RACT rules be 
adopted for ozone nonattainment areas. Section 182(b)(2)(A) of the Act 
requires that for nonattainment areas classified as moderate or above, 
States must revise their SIPs to include RACT for each category of VOC 
sources covered by a CTG document issued between November 15, 1990, and 
the date of attainment. The Chicago-Gary-Lake County, IL-IN, is an 8-
hour ozone nonattainment area classified as moderate. These rules 
satisfy the requirement for VOC RACT rules for existing, pre-2006, CTG 
and major non-CTG source categories which were due on September 15, 
2006, as well as the requirement to adopt VOC RACT rules for the CTG 
documents issued by EPA in 2006, 2007 and 2008.
    On March 24, 2008 (73 FR 15416), EPA made a finding that Indiana 
failed to submit those VOC RACT rules which were due on September 15, 
2006, for the Chicago-Gary-Lake County, IL-IN, 8-hour ozone 
nonattainment area. Indiana subsequently submitted the required VOC 
RACT rules for the Lake and Porter County portion of that nonattainment 
area to EPA on September 4, 2009, and December 10, 2009. Failure to 
submit a complete VOC RACT submittal would have triggered the offset 
sanction identified in section 179(b)(2) of the Act on September 24, 
2009, and would trigger the highway funding sanction in accordance with 
section 179(b)(1) of the Act on March 24, 2010.
    EPA would have been required by section 110(c) of the Act to 
promulgate a Federal Implementation Plan (FIP) if it had not approved 
these VOC RACT rules into Indiana's SIP by March 24, 2010. Final 
approval of these rules ends any obligation for EPA to promulgate a FIP 
addressing this VOC RACT requirement.
    In EPA's October 16, 2009, proposal (74 FR 53193), we presented a 
detailed legal and technical analysis of the State's submission. The 
reader is referred to that notice for additional background on the 
submission and the bases for EPA's approval.

IV. Statutory and Executive Order Reviews

    Under the Act, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve State choices, 
provided that they meet the criteria of the Act. Accordingly, this 
action merely approves State law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by State 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have Tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the State, and EPA notes that it will not impose substantial direct 
costs on Tribal governments or preempt Tribal law.
    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 action 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 Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by April 26, 2010. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action 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, Incorporation by

[[Page 8248]]

reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: January 14, 2010.
Walter W. Kovalick Jr.,
Acting Regional Administrator, Region 5.

0
40 CFR part 52 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)(193) to read as 
follows:


Sec.  52.770  Identification of plan.

* * * * *
    (c) * * *
    (193) On December 10, 2009, the Indiana Department of Environmental 
Management submitted several volatile organic compound rules for 
approval into the Indiana State Implementation Plan for the Lake and 
Porter County portion of the Chicago-Gary-Lake County, IL-IN, 8-hour 
ozone nonattainment area. This includes both revisions to existing 
rules and also new rules. Also submitted were subsequent technical 
corrections to typographical, clerical, or spelling errors for some of 
these rules.
    (i) Incorporation by reference.
    (A) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 8: Volatile Organic Compound Rules, Rule 1: General 
provisions, Section 0.5: Definitions, Section 2: Compliance Methods, 
and Section 4: Testing procedures, filed with the Publisher of the 
Indiana Register on November 3, 2009, and became effective on December 
3, 2009. Published in the Indiana Register on December 2, 2009 (DIN: 
20091202-IR-326090220FRA).
    (B) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 8: Volatile Organic Compound Rules, Rule 2: Surface 
Coating Emission Limitations, Section 1: Applicability, Section 2: 
Automobile and light duty truck coating regulations, Section 5: Paper 
coating operations, Section 6: Metal furniture coating operations, 
Section 7: Large appliance coating operations, Section 9: Miscellaneous 
metal and plastic parts coating operations, and Section 10: Flat wood 
panels; manufacturing operations, filed with the Publisher of the 
Indiana Register on November 3, 2009, and became effective on December 
3, 2009. Published in the Indiana Register on December 2, 2009 (DIN: 
20091202-IR-326090220FRA).
    (C) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 8: Volatile Organic Compound Rules, Rule 5: 
Miscellaneous Operations, Section 5: Graphic arts operations, filed 
with the Publisher of the Indiana Register on November 3, 2009, and 
became effective on December 3, 2009. Published in the Indiana Register 
on December 2, 2009 (DIN: 20091202-IR-326090220FRA).
    (D) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 8: Volatile Organic Compound Rules, Rule 16: Offset 
Lithographic Printing and Letterpress Printing, filed with the 
Publisher of the Indiana Register on November 3, 2009, and became 
effective on December 3, 2009. Published in the Indiana Register on 
December 2, 2009 (DIN: 20091202-IR-326090221FRA).
    (E) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 8: Volatile Organic Compound Rules, Rule 17: Industrial 
Solvent Cleaning Operations, filed with the Publisher of the Indiana 
Register on November 3, 2009, and became effective on December 3, 2009. 
Published in the Indiana Register on December 2, 2009 (DIN: 20091202-
IR-326090221FRA).
    (F) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 8: Volatile Organic Compound Rules, Rule 18: Synthetic 
Organic Chemical Manufacturing Industry Air Oxidation, Distillation, 
and Reactor Processes, filed with the Publisher of the Indiana Register 
on November 3, 2009, and became effective on December 3, 2009. 
Published in the Indiana Register on December 2, 2009 (DIN: 20091202-
IR-326090222FRA).
    (G) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 8: Volatile Organic Compound Rules, Rule 19: Control of 
Volatile Organic Compound Emissions from Process Vents in Batch 
Operations, filed with the Publisher of the Indiana Register on 
November 3, 2009, and became effective on December 3, 2009. Published 
in the Indiana Register on December 2, 2009 (DIN: 20091202-IR-
326090222FRA).
    (H) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 8: Volatile Organic Compound Rules, Rule 20: Industrial 
Wastewater, filed with the Publisher of the Indiana Register on 
November 3, 2009, and became effective on December 3, 2009. Published 
in the Indiana Register on December 2, 2009 (DIN: 20091202-IR-
326090222FRA).
    (I) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 8: Volatile Organic Compound Rules, Rule 21: Aerospace 
Manufacturing and Rework Operations, filed with the Publisher of the 
Indiana Register on November 3, 2009, and became effective on December 
3, 2009. Published in the Indiana Register on December 2, 2009 (DIN: 
20091202-IR-326090222FRA).
    (J) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 8: Volatile Organic Compound Rules, Rule 22: 
Miscellaneous Industrial Adhesives, filed with the Publisher of the 
Indiana Register on November 3, 2009, and became effective on December 
3, 2009. Published in the Indiana Register on December 2, 2009 (DIN: 
20091202-IR-326090221FRA).
    (K) Corrections to Indiana Administrative Code Title 326: Air 
Pollution Control Board, Article 8: Volatile Organic Compound Rules, 
Rule 1: General provisions, Section 2: Compliance Methods and Section 
4: Testing procedures, filed with the Publisher of the Indiana Register 
on November 18, 2009, and became effective on January 2, 2010. 
Published in the Indiana Register on December 16, 2009 (DIN: 20091216-
IR-326090220ACA).
    (L) Corrections to Indiana Administrative Code Title 326: Air 
Pollution Control Board, Article 8: Volatile Organic Compound Rules, 
Rule 2: Surface Coating Emission Limitations, Section 2: Automobile and 
light duty truck coating operations, filed with the Publisher of the 
Indiana Register on November 18, 2009, and became effective on January 
2, 2010. Published in the Indiana Register on December 16, 2009 (DIN: 
20091216-IR-326090220ACA).
    (M) Corrections to Indiana Administrative Code Title 326: Air 
Pollution Control Board, Article 8: Volatile Organic Compound Rules, 
Rule 16: Offset Lithographic Printing and Letterpress Printing, filed 
with the Publisher of the Indiana Register on November 18, 2009, and 
became effective on January 2, 2010. Published in the Indiana Register 
on December 16, 2009 (DIN: 20091216-IR-326090221ACA).
    (N) Corrections to Indiana Administrative Code Title 326: Air 
Pollution Control Board, Article 8: Volatile Organic Compound Rules, 
Rule 17: Industrial Solvent Cleaning Operations, filed with the 
Publisher of the Indiana Register on November 18, 2009, and became 
effective on January 2, 2010. Published in the Indiana

[[Page 8249]]

Register on December 16, 2009 (DIN: 20091216-IR-326090221ACA).
    (O) Corrections to Indiana Administrative Code Title 326: Air 
Pollution Control Board, Article 8: Volatile Organic Compound Rules, 
Rule 18: Synthetic Organic Chemical Manufacturing Industry Air 
Oxidation, Distillation, and Reactor Processes, filed with the 
Publisher of the Indiana Register on November 19, 2009, and became 
effective on January 3, 2010. Published in the Indiana Register on 
December 16, 2009 (DIN: 20091216-IR-326090222ACA).
    (P) Corrections to Indiana Administrative Code Title 326: Air 
Pollution Control Board, Article 8: Volatile Organic Compound Rules, 
Rule 19: Control of Volatile Organic Compound Emissions from Process 
Vents in Batch Operations, filed with the Publisher of the Indiana 
Register on November 19, 2009, and became effective on January 3, 2010. 
Published in the Indiana Register on December 16, 2009 (DIN: 20091216-
IR-326090222ACA).
    (Q) Corrections to Indiana Administrative Code Title 326: Air 
Pollution Control Board, Article 8: Volatile Organic Compound Rules, 
Rule 20: Industrial Wastewater, filed with the Publisher of the Indiana 
Register on November 19, 2009, and became effective on January 3, 2010. 
Published in the Indiana Register on December 16, 2009 (DIN: 20091216-
IR-326090222ACA).
    (R) Corrections to Indiana Administrative Code Title 326: Air 
Pollution Control Board, Article 8: Volatile Organic Compound Rules, 
Rule 21: Aerospace Manufacturing and Rework Operations, filed with the 
Publisher of the Indiana Register on November 19, 2009, and became 
effective on January 3, 2009. Published in the Indiana Register on 
December 16, 2009 (DIN: 20091216-IR-326090222ACA).
    (S) Corrections to Indiana Administrative Code Title 326: Air 
Pollution Control Board, Article 8: Volatile Organic Compound Rules, 
Rule 22: Miscellaneous Industrial Adhesives, filed with the Publisher 
of the Indiana Register on November 18, 2009, and became effective on 
January 2, 2010. Published in the Indiana Register on December 16, 2009 
(DIN: 20091216-IR-326090221ACA).

[FR Doc. 2010-3523 Filed 2-23-10; 8:45 am]
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