[Federal Register Volume 76, Number 72 (Thursday, April 14, 2011)]
[Rules and Regulations]
[Pages 20850-20853]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8874]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2010-0545; FRL-9295-1]


Approval and Promulgation of Air Quality Implementation Plans; 
Indiana; Stage I Vapor Recovery Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving into the Indiana State Implementation Plan 
(SIP), amendments to the stage I vapor recovery rule and administrative 
changes to stage II vapor recovery rule submitted by the Indiana 
Department of Environmental Management on June 11, 2010. These rule 
revisions made volatile organic compounds (VOC) emission control 
requirements for filling at gasoline dispensing facilities more 
stringent by applying them statewide, making the rule applicable to 
smaller tanks and revising the requirements for newer submerged fill 
pipes. These new State requirements update the SIP consistent with new 
Federal requirements from January 10, 2008 area source National 
Emissions Standards for Hazardous Air Pollutants (NESHAPs) for gasoline 
dispensing facilities. The revisions also delete references to 
compliance dates which have passed. The rules are approvable because 
they are consistent with the Clean Air Act (Act) and EPA regulations, 
and should result in additional emission reductions of VOCs throughout 
Indiana.

DATES: This direct final rule will be effective June 13, 2011, unless 
EPA receives adverse comments by May 16, 2011. If adverse comments are 
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-2010-0545, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-mail: [email protected].
    3. Fax: (312) 408-2279.
    4. Mail: Doug Aburano, Chief, Control Strategies Section, Air 
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West 
Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Doug Aburano, Chief, Control Strategies 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-
2010-0545. 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

[[Page 20851]]

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.
    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 through Friday, excluding Federal 
holidays. We recommend that you telephone Carolyn Persoon, 
Environmental Engineer, at (312) 353-8290, before visiting the Region 5 
office.

FOR FURTHER INFORMATION CONTACT: Carolyn Persoon, Environmental 
Engineer, Control Strategies Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 353-8290, [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 background of the rule revisions?
III. What is EPA's analysis of the rule revisions?
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews

I. What should I consider as I prepare my comments for EPA?

    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 background of the rule revisions?

    On January 10, 2008, EPA issued new, more stringent National 
Regulations for Gasoline Dispensing Facilities at 40 CFR part 63, 
subpart CCCCCC, (73 FR 1945), promulgated under section 112 of the Act. 
The gasoline dispensing standards in that rule apply nationwide to 
subject sources of hazardous air pollutants identified in 40 CFR 
63.11111.
    Indiana adopted new requirements to reflect the revised Federal 
regulations. These revisions: (1) Remove past compliance dates (326 IAC 
8-1-3); (2) extend applicability of the rules to facilities statewide 
with a through-put of ten thousand (10,000) gallons per month or 
greater (326 IAC 8-4-1); and (3) add new requirements for filling 
gasoline storage tanks (326 IAC 8-4-6).
    Indiana placed notices for public comment periods in the Indiana 
Register first on June 27, 2007 and the second notice on June 3, 2009. 
Indiana placed notices of public hearing dates in four newspapers on 
July 31, 2009. Indiana then held a public hearing on the proposed rule 
on September 2, 2009. There were no comments. The proposed rule was 
published in the Indiana Register on September 23, 2009, and no 
comments were received. A second notice of hearing was published in the 
Indiana Register on September 23, 2009 and a second public hearing was 
held on November 4, 2009. No comments were received. The final rule was 
adopted on November 4, 2009.

III. What is EPA's analysis of the rule revisions?

    The revisions to Indiana's stage I vapor recovery rule, 326 IAC 8-
1-3, 326 IAC 8-4-1 and 326 IAC 8-4-6, are approvable because they are 
consistent with the Act and applicable EPA regulations, and should 
result in additional VOC emission reductions. A description of the rule 
revisions follows:
    326 IAC 8-1-3 Compliance schedules--This section deletes 
subsections 8-1-3 (d) and (e), which had allowed for compliance date 
extensions, because the applicable dates have long past.
    326 IAC 8-4-1 Applicability--This section expands the applicability 
to all gasoline storage tanks at a gasoline dispensing facility with a 
through-put of ten thousand (10,000) gallons per month or greater.
    326 IAC 8-4-6 Gasoline dispensing facilities--Section 6(a)(8) 
decreases the tank cut off size required to meet the regulatory 
standards for fueling from two thousand, one hundred seventy six 
(2,176) to nine hundred forty-six (946) liters (575 to 250 gallons). 
Section 6(b)(1) revises the requirements for submerged fill pipes for 
existing and newer tanks. Fill pipes installed before November 9, 2006 
must be no more than twelve (12) inches from the bottom of the tank, 
and those installed after November 9, 2006 must be no more than six (6) 
inches from the bottom of the tank.
    The expanded applicability and more stringent submerged fill 
requirements will result in additional VOC reductions.

IV. What action is EPA taking?

    EPA is approving into the Indiana SIP revisions the entire stage I 
and stage II vapor recovery rule. Although the only amendments to the 
rule affected are sections 326 IAC 8-1-3, 326 IAC 8-4-1, and 326 IAC 8-
4-6, concerning stage I vapor recovery, and administrative changes to 
stage II vapor recovery rule, we are approving the entire rule for 
clarity and consistency.
    We are publishing this action without prior proposal because we 
view this as

[[Page 20852]]

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 June 13, 2011 without 
further notice unless we receive relevant adverse written comments by 
May 16, 2011. 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. Please note 
that if EPA receives adverse comment on an amendment, paragraph, or 
section of this rule and if that provision may be severed from the 
remainder of the rule, EPA may adopt as final those provisions of the 
rule that are not the subject of an adverse comment. If we do not 
receive any comments, this action will be effective June 13, 2011.

V. 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 June 13, 2011. 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. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. 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, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: March 30, 2011.
Susan Hedman,
Regional Administrator, Region 5.

    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. In Sec.  52.770 the table in paragraph (c) is amended by revising 
the entries under Article 8 for ``8-1 General Provisions'' and ``8-4 
Petroleum Sources'' to read as follows:


Sec.  52.770  Identification of plan.

* * * * *
    (c) * * *

[[Page 20853]]



                                        EPA-Approved Indiana Regulations
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                                                        Indiana
    Indiana citation               Subject          effective date   EPA approval  date           Notes
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                                                  * * * * * * *
 
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                                   Article 8. Volatile Organic Compound Rules
----------------------------------------------------------------------------------------------------------------
8-1.....................  General Provisions......
8-1-0.5.................  Definitions.............      10/18/1995  11/3/1999, 64 FR
                                                                     59642.
8-1-1...................  Applicability...........        6/5/1991  3/6/1992, 57 FR
                                                                     8082.
8-1-2...................  Compliance methods......      12/15/2002  5/5/2003, 68 FR
                                                                     23604.
8-1-3...................  Compliance schedules....       5/15/2010  4/14/2011, [Insert
                                                                     page number where
                                                                     the document
                                                                     begins].
8-1-4...................  Testing procedures......       7/15/2001  9/11/2002, 67 FR
                                                                     57515.
8-1-5...................  Petition for                  11/10/1988  9/6/1990, 55 FR
                           site[dash]specific                        36635.
                           reasonably available
                           control technology
                           (RACT) plan.
8-1-6...................  New facilities; general        6/24/2006  6/13/2007, 72 FR
                           reduction requirements.                   32531.
8-1-7...................  Military specifications.  ..............  10/27/1982, 47 FR
                                                                     20586.
8-1-9...................  General record keeping         5/22/1997  6/29/1998, 63 FR
                           and reporting                             35141.
                           requirements.
8-1-10..................  Compliance                     5/22/1997  6/29/1998, 63 FR
                           certification, record                     35141.
                           keeping, and reporting
                           requirements for
                           certain coating
                           facilities using
                           compliant coatings.
8-1-11..................  Compliance                     5/22/1997  6/29/1998, 63 FR
                           certification, record                     35141.
                           keeping, and reporting
                           requirements for
                           certain coating
                           facilities using daily-
                           weighted averaging.
8-1-12..................  Compliance                     5/22/1997  6/29/1998, 63 FR
                           certification, record                     35141.
                           keeping, and reporting
                           requirements for
                           certain coating
                           facilities using
                           control devices.
                                                  * * * * * * *
8-4.....................  Petroleum Sources.
8-4-1...................  Applicability...........       5/15/2010  4/14/2011, [Insert
                                                                     page number where
                                                                     the document
                                                                     begins].
8-4-2...................  Petroleum refineries....  ..............  1/18/1983, 48 FR
                                                                     2127.
8-4-3...................  Petroleum liquid storage  ..............  2/10/1986, 51 FR
                           facilities.                               4912.
8-4-4...................  Bulk gasoline terminals.  ..............  1/18/1983, 48 FR
                                                                     2127.
8-4-5...................  Bulk gasoline plants....  ..............  1/18/1983, 48 FR
                                                                     2127.
8-4-6...................  Gasoline dispensing            5/15/2010  4/14/2011, [Insert
                           facilities.                               page number where
                                                                     the document
                                                                     begins].
8[dash]4[dash]7.........  Gasoline transports.....       11/5/1999  5/31/2002, 67 FR
                                                                     38006.
8-4-8...................  Leaks from petroleum            6/5/1991  3/6/1992, 57 FR
                           refineries; monitoring;                   8082.
                           reports.
8-4-9...................  Leaks from transports          11/5/1999  5/31/2002, 67 FR
                           and vapor collection                      38006.
                           systems; records.
                                                  * * * * * * *
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[FR Doc. 2011-8874 Filed 4-13-11; 8:45 am]
BILLING CODE 6560-50-P