[Federal Register Volume 75, Number 86 (Wednesday, May 5, 2010)]
[Rules and Regulations]
[Pages 24404-24406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10405]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2009-0513; FRL-9136-7]


Approval and Promulgation of Air Quality Implementation Plans; 
Indiana; Volatile Organic Compound Automobile Refinishing Rules for 
Indiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is approving into the Indiana State Implementation Plan 
(SIP) amendments to Indiana's automobile refinishing rule. These rule 
revisions extend the applicability of Indiana's approved volatile 
organic compound (VOC) automobile refinishing rules to all persons in 
Indiana who sell or manufacture automobile refinishing coatings or who 
refinish motor vehicles. The rules are approvable because they are 
consistent with the Clean Air Act (Act) and EPA regulations, and should 
result in additional VOC emission reductions throughout Indiana. EPA 
proposed these rules for approval on January 14, 2010, and received one 
favorable comment.

DATES: This final rule is effective on June 4, 2010.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Nos. EPA-R05-OAR-2009-0513. 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

[[Page 24405]]

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 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 today and what is the purpose of this 
action?
III. Statutory and Executive Order Reviews.

I. What public comments were received on the proposed approval and what 
is EPA's response?

    One comment in support of Indiana's rule revision was received.

II. What action is EPA taking today and what is the purpose of this 
action?

    EPA is approving rule revisions that broaden the coverage of 
Indiana's VOC automobile refinishing SIP rules to include all persons 
in Indiana who sell or manufacture automobile refinishing coatings or 
who refinish motor vehicles. These rules had previously applied only in 
Clark, Floyd, Lake, Porter, and Vanderburgh Counties. Given the revised 
rule's focus on VOC coating limitations and work practice standards, 
Indiana has also deleted references to control technology requirements.
    In EPA's January 14, 2010, proposal (75 FR 2090), we present 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.

III. 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 July 6, 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 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: March 31, 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)(195) to read as 
follows:


Sec.  52.770  Identification of plan.

* * * * *
    (c) * * *
    (195) On June 5, 2009, the Indiana Department of Environmental 
Management submitted amendments to Indiana's automobile refinishing 
rule for approval into its state implementation plan (SIP). These rule 
revisions extend the applicability of Indiana's approved volatile 
organic compound (VOC) automobile refinishing rules to all persons in 
Indiana who sell or manufacture automobile refinishing coatings or who 
refinish motor vehicles.
    (i) Incorporation by reference.
    (A) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 8: Volatile Organic Compound Rules, Rule 10: Automobile 
Refinishing, filed with the Publisher of the Indiana Register on March 
27, 2009, and became effective on April 26, 2009. Published in

[[Page 24406]]

the Indiana Register on April 22, 2009 (DIN: 20090422-IR-326060603FRA).

[FR Doc. 2010-10405 Filed 5-4-10; 8:45 am]
BILLING CODE 6560-50-P