Approval of the Clean Air Act Section 112(l) Delegation of National Emission Standards for Hazardous Air Pollutants for Reinforced Plastic Composites Production; Indiana, 56973-56975 [E6-15934]
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56973
Federal Register / Vol. 71, No. 188 / Thursday, September 28, 2006 / Notices
When EPA developed the boat
manufacturing NESHAP, it was not
possible to apply gel coat using a
nonatomized application method. Since
the rule was promulgated, such
technology has been developed.
Nonatomized application has shown
significant emissions reductions from
atomized application methods.
The Indiana rule provides an
incentive for the usage of nonatomized
application technology by providing a
higher allowable HAP content in gel
Atomized limit
(percent)
Pigmented ........................................................................................................
Clear ................................................................................................................
Tooling .............................................................................................................
1 Calculated
2. How are the State adjustments which
add work practice standards and
operator training requirements
unequivocally no less stringent than the
MACT standard?
sroberts on PROD1PC70 with NOTICES
Emission
factor
(lbs/ton) 1
33
48
40
Nonatomized
limit
(percent)
294
605
439
Emission
factor
(lb/ton) 1
40
55
54
259
395
386
using the Unified Emission Factors for Open Molding Composites.
Therefore, Indiana’s emission limit
adjustments are unequivocally no less
stringent than the Federal rule.
In addition to the emission limit
adjustments, the Indiana rule (326 IAC
20–48–1(d)) lists the following
references or methods to estimate
emissions:
(1) ‘‘Unified Emission Factors for
Open Molding Composites,’’ July 2001
(except use of controlled spray emission
factors must be approved by the IDEM
commissioner and U.S. EPA);
(2) ‘‘Compilation of Air Pollution
Emission Factors AP–42,’’ as defined in
326 IAC 1–2–20.5 (except emissions
from hand layup and spray layup
operations must be calculated using
emission factors referenced in (1) above
or site-specific values using information
in (3) below);
(3) Site-specific values or other means
of quantification provided the sitespecific values and the emission factors
are acceptable to the IDEM commission
and U.S. EPA.
This rule adjustment does not create
a credible evidence issue because it
includes language to allow ‘‘other
means of quantification’’ if necessary.
Therefore, this adjustment is
unequivocally no less stringent than the
Federal rule.
The Indiana rule (326 IAC 20–48–3)
adds work practice standards that are
not included in the Federal NESHAP.
The work practice standards in the
Indiana rule address nonatomized spray
equipment, solvents sprayed during
clean up and resin changes, routine
flushing of application equipment, and
use of closed containers. All provisions
listed in 326 IAC 20–48–3 are
unequivocally no less stringent than the
Federal NESHAP.
VerDate Aug<31>2005
coats. Despite the higher allowable HAP
content, the requirement to use
nonatomized application technology
will result in a lower level of HAP
emissions. This is demonstrated in the
following table:
20:16 Sep 27, 2006
Jkt 208001
The Indiana rule (326 IAC 20–48–4)
adds operator training requirements that
are not included in the Federal
NESHAP. The training requirements
apply to personnel involved in resin
and gel coat spraying and applications
that could result in excess emissions if
performed improperly. This section also
requires the maintenance of training
records on site. All provisions in 326
IAC 20–48–4 are unequivocally no less
stringent than the Federal NESHAP.
IV. What Is the Effect of This
Delegation?
On September 19, 2006, EPA
approved IDEM’s request to delegate the
authority to implement and enforce 40
CFR part 63, subpart VVVV, through
326 IAC 20–48, which adjusts the boat
manufacturing MACT. EPA also
approved the delegation of the
applicable Category I authorities as set
forth at 40 CFR section 63.91(g).
All notifications, reports and other
correspondence required under 40 CFR,
part 63, subpart VVVV, as adjusted by
326 IAC 20–48, should be sent to the
State of Indiana, rather than to the EPA,
Region 5, in Chicago. Affected sources
should send this information to: Indiana
Department of Environmental
Management, Office of Air Management,
100 North Senate Avenue, P.O. Box
6015, Indianapolis, Indiana 46206–
6015.
Pursuant to Section 112(l)(7) of the
CAA, nothing in this delegation
prohibits EPA from enforcing any
applicable emission standard or
requirement. The boat manufacturing
MACT, 40 CFR part 63, subpart VVVV,
as adjusted by 326 IAC 20–48 is
federally enforceable.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 19, 2006.
Gary Gulezian,
Acting Regional Administrator, Region 5.
[FR Doc. E6–15937 Filed 9–27–06; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
[IN 169–1; FRL–8224–2]
Approval of the Clean Air Act Section
112(l) Delegation of National Emission
Standards for Hazardous Air Pollutants
for Reinforced Plastic Composites
Production; Indiana
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
SUMMARY: This document announces
that, upon signature of this notice, EPA
approved a request from the Indiana
Department of Environmental
Management (IDEM) for delegation of
authority to implement and enforce the
National Emission Standards for
Hazardous Air Pollutants (NESHAP) for
reinforced plastic composites
production through a State rule which
adjusts the maximum achievable control
technology (MACT) standard for
reinforced plastic composites
production. Pursuant to the Clean Air
Act (CAA) and the NESHAP provisions,
states may seek approval of State rules
which make pre-approved adjustments
to a MACT standard if the State rule is
unambiguously no less stringent than
the Federal rule. On June 20, 2005,
IDEM requested approval to adjust the
NESHAP for reinforced plastic
composites production. EPA reviewed
this request and found that it satisfied
the requirements for approval under the
Federal provision which allows for
delegation of an adjusted NESHAP,
‘‘Approval of State requirements that
adjust a section 112 rule.’’ Therefore,
upon the signature of this notice, EPA
delegated to IDEM the authority to
implement and enforce the NESHAP for
reinforced plastic composites
production, through IDEM’s rule for
reinforced plastic composites
production.
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56974
Federal Register / Vol. 71, No. 188 / Thursday, September 28, 2006 / Notices
The documents relevant to
this action are available for public
inspection during normal business
hours at the following address:
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 Sam
Portanova, Environmental Engineer, at
(312) 886–3189 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT: Sam
Portanova, Environmental Engineer, Air
Permits Section, Air Programs Branch
(AR–18J), Environmental Protection
Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,
(312) 886–3189,
portanova.sam@epa.gov.
ADDRESSES:
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 Action Is EPA Taking?
II. Under What Authority Is EPA Approving
This Delegation?
III. How Does 326 IAC 20–56 Meet the
Requirements for Delegation?
IV. What Is the Effect of This Delegation?
I. What Action Is EPA Taking?
Pursuant to section 112(l) of the CAA
and 40 CFR 63.92, EPA approved
IDEM’s request that EPA delegate the
authority to implement and enforce 40
CFR part 63, subpart WWWW, NESHAP
for reinforced plastic composites
production, through Indiana rule 326
IAC 20–56, which adjusts the Federal
reinforced plastic composites
production MACT. This approval makes
the Indiana rule, which is
unambiguously no less stringent than
the Federal MACT, federally enforceable
in Indiana. EPA also approved the
delegation of the applicable Category I
authorities for this MACT standard as
set forth at 40 CFR 63.91(g).
sroberts on PROD1PC70 with NOTICES
II. Under What Authority Is EPA
Approving This Delegation?
Pursuant to CAA section 112(l), a
State may develop and submit to EPA
for approval a program for the partial or
complete delegation of section 112
rules. EPA may approve State rules or
programs which either: (1) Implement
and enforce section 112 rules as
promulgated by EPA (‘‘straight
delegation’’); (2) implement and enforce
State rules which adjust section 112
rules; (3) implement and enforce State
rules which substitute for section 112
rules. The Federal regulations governing
VerDate Aug<31>2005
20:16 Sep 27, 2006
Jkt 208001
EPA’s approval of State rules or
programs under section 112(l) are
located at 40 CFR part 63, subpart E.
Currently, IDEM has an EPAapproved program for the straight
delegation of MACT standards. EPA
approved IDEM’s program of delegation
for part 70 sources on November 14,
1995 (60 FR 57118). EPA approved
IDEM’s expansion of its program of
delegation to non-part 70 sources on
July 8, 1997 (62 FR 36460). Pursuant to
the approved straight delegation
program, EPA has approved the straight
delegation of numerous MACT
standards to IDEM (see 62 FR 36460 (7/
8/1997), 65 FR 17264 (3/31/2000), 69 FR
22508 (4/26/2004), and 71 FR 2225 (1/
13/2006)).
By letter dated June 20, 2005, IDEM
requested approval of delegation of
authority to implement and enforce 40
CFR part 63, subpart WWWW, the
reinforced plastic composites
production MACT, through a State rule
which adjusts the MACT standard. The
criteria for EPA’s approval of State rules
which adjust section 112 rules are set
forth at 40 CFR 63.92. In general,
adjustments to section 112 MACT
standards must be unambiguously no
less stringent than the Federal rule and
be limited to certain pre-approved
matters. More specifically, Section
63.92(b) requires that the State
demonstrate the following: (1) The State
program meets the criteria of section
63.91, which provides for the straight
delegation of section 112 rules; (2) the
public has had adequate notice and
opportunity to submit written comment
on the State requirements which adjust
the section 112 rule; (3) the adjustment
to the section 112 rule results in
requirements that are unequivocally no
less stringent than the Federal rule with
respect to: (a) Applicability; (b) level of
control for each affected source and
emission point; (c) compliance and
enforcement measures; (d) dates of
compliance. Further, Section 63.92(b)(3)
only allows certain pre-approved
adjustments, including the following:
(1) Lowering a required emission rate;
(2) adding a design, work practice,
operational standard; (3) increasing a
required control efficiency; (4)
increasing the frequency of required
reporting, testing, sampling or
monitoring.
If the above criteria are met, EPA will
approve the delegation of a MACT
standard through a State rule which
adjusts the standard. Because EPA has
previously noticed and provided
opportunity for comment on the
adjustment procedure, including the list
of allowable adjustments, no further
notice or opportunity for comment is
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required. See 58 FR 62262 (November
26, 1993). The delegation is effective
upon the signature of the Federal
Register notice. CAA section 63.92(a)(3).
See 65 FR 55837 (September 14, 2000).
III. How Does 326 IAC 20–56 Meet the
Requirements for Delegation?
IDEM’s reinforced plastic composites
production rule incorporates by
reference the provisions of the Federal
reinforced plastic composites
production NESHAP. However, IDEM’s
rule adjusts the standard by adding
certain provisions that are not included
in the Federal reinforced plastic
composites production NESHAP. As
shown below, IDEM has demonstrated
that its adjustments are unequivocally
no less stringent than the Federal MACT
provisions. The adjustments meet the
criteria set forth in 40 CFR 63.92(b) for
State rules which adjust a MACT
standard.
A. The Reinforced Plastic Composites
Production NESHAP
The reinforced plastic composites
production MACT, which IDEM seeks to
adjust, was proposed in the Federal
Register on August 2, 2001 (66 FR
40323) and promulgated on April 21,
2003 (68 FR 19375). EPA published a
rule amendment to this NESHAP on
August 25, 2005 (70 FR 50117).
In general, the NESHAP for reinforced
plastic composites production facilities
regulates production and ancillary
processes used to manufacture products
with thermoset resins and gel coats.
B. How Does the State Program Meet the
Requirements of 40 CFR 63.91?
40 CFR 63.92(b) provides that a State
which seeks delegation of the authority
to implement and enforce a Section 112
rule through a State rule which adjusts
the Federal rule must first meet the
criteria of 40 CFR 63.91(d). 40 CFR
63.91(d) sets forth the ‘‘up-front’’
approval requirements for the ‘‘straight’’
delegation of Federal MACT standards
as promulgated. Once approved, a State
need only reference the earlier approval
of the criteria. Based on prior program
submittals and approvals for IDEM’s
Title V air permit and Section 112
delegation program, IDEM has met the
requirements specified in 40 CFR
63.91(d).
C. How Does the State Demonstrate that
the Public Has Had Adequate Notice
and Opportunity to Submit Written
Comments on the State Requirements?
40 CFR 63.92(b)(1) requires that a
State seeking delegation under this
section demonstrate that the public has
had adequate notice and opportunity to
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Federal Register / Vol. 71, No. 188 / Thursday, September 28, 2006 / Notices
comment on the State requirements.
Title 13 of the Indiana Code (IC)
contains statutory requirements for the
environmental rulemaking process. IC
13–14–9 specifies requirements for
providing opportunities for public
comment during this process.
Opportunities for comment were made
available through two published notices
for comment and two public hearings.
Therefore, IDEM has met the
requirements of 40 CFR 63.92(b)(1).
sroberts on PROD1PC70 with NOTICES
D. How Does the State Demonstrate that
the Adjustments Pertain to Certain PreApproved Matters and are
Unequivocally No Less Stringent than
the Federal Rule?
40 CFR 63.92(b)(2) requires that each
State adjustment to a Federal Section
112 rule be unequivocally no less
stringent than the Federal rule with
respect to: Applicability; level of control
for each affected source and emission
point; compliance and enforcement
measures; and compliance dates.
Further, 40 CFR 63.92(b)(3) identifies
those limited areas in which Federal
Section 112 rules can be adjusted. Those
limited adjustments include: Lowering a
required emission rate; adding a design,
work practice, operational standard,
emission rate or other such requirement;
increasing the frequency of required
reporting, testing, sampling or
monitoring.
IDEM incorporated by reference the
provisions of 40 CFR Part 63, Subpart
WWWW, as promulgated, except to add
certain limited provisions which are
allowable adjustments under 40 CFR
63.92(b)(3). As described below, IDEM
has demonstrated that those provisions
that were adjusted meet the criteria of
63.92(b)(2) and (3).
326 IAC 20–56–1 incorporates by
reference 40 CFR part 63, subpart
WWWW. 326 IAC 20–56–2 adds
operator training requirements that are
not included in the Federal NESHAP for
sources subject to subpart WWWW. The
training requirements apply to
personnel involved in resin and gel coat
spraying and applications that could
result in excess emissions if performed
improperly. This section also requires
the maintenance of training records on
site. These training requirements are the
only rule adjustments to the Federal
NESHAP. The provisions in 326 IAC
20–56–2 are more stringent than the
Federal NESHAP and are acceptable as
a rule adjustment.
IV. What Is the Effect of This
Delegation?
On September 19, 2006, EPA
approved IDEM’s request to delegate the
authority to implement and enforce 40
VerDate Aug<31>2005
20:16 Sep 27, 2006
Jkt 208001
CFR part 63, subpart WWWW, through
326 IAC 20–56, which adjusts the
reinforced plastic composites
production MACT. EPA also approved
the delegation of the applicable
Category I authorities as set forth at 40
CFR section 63.91(g).
All notifications, reports and other
correspondence required under 40 CFR,
part 63, subpart WWWW, as adjusted by
326 IAC 20–56, should be sent to the
State of Indiana, rather than to the EPA,
Region 5, in Chicago. Affected sources
should send this information to: Indiana
Department of Environmental
Management, Office of Air Management,
100 North Senate Avenue, P.O. Box
6015, Indianapolis, Indiana 46206–
6015.
Pursuant to Section 112(l)(7) of the
CAA, nothing in this delegation
prohibits EPA from enforcing any
applicable emission standard or
requirement. The reinforced plastic
composites production MACT, 40 CFR
part 63, subpart WWWW, as adjusted by
326 IAC 20–56, is federally enforceable.
Authority: 42 U.S.C. 7401 et seq.
Date: September 19, 2006.
Gary Gulezian,
Acting Regional Administrator, Region 5.
[FR Doc. E6–15934 Filed 9–27–06; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8224–8]
Notice of Proposed Administrative
Cashout Agreement Pursuant to
Section 122(H)(1) of the
Comprehensive Environmental
Response, Compensation, and Liability
Act; in Re: Calumet Containers
Superfund Site, Hammond, Indiana
Environmental Protection
Agency.
ACTION: Notice; request for public
comment.
AGENCY:
SUMMARY: Notice is hereby given of a
proposed administrative settlement
under CERCLA concerning the Calumet
Containers Superfund Site (‘‘Site’’) in
Hammond, Indiana. Subject to review
and comment by the public pursuant to
this Notice, the settlement has been
approved by the United States
Department of Justice.
The settlement resolves an
Environmental Protection Agency (EPA)
claim under Sections 106 and 107(a) of
CERCLA and Section 7003 of RCRA,
against 51 parties who have executed
binding certifications of their consent to
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56975
the settlement, as listed below in the
Supplemental Information Section.
The settlement requires the settling
parties to pay a total of $1,664,967 to the
Hazardous Substances Superfund,
Calumet Containers Superfund Site,
Special Account. Each settling party is
required to pay an amount specified for
that party in the settlement based upon
the volume of waste that party
contributed to the Site. Payments
received shall be applied, retained or
used to finance the response actions
taken or to be taken at or in connection
with the Site.
For thirty (30) days following the date
of publication of this notice, the Agency
will receive written comments relating
to the settlement. The Agency will
consider all comments received and
may modify or withdraw its consent to
the settlement if comments received
disclose facts or considerations which
indicate that the settlement is
inappropriate, improper, or inadequate.
The Agency’s response to any comments
received will be available for public
inspection at the EPA, Region 5, 7th
Floor File Room, 77 West Jackson
Boulevard, Chicago, Illinois.
DATES: Comments must be submitted on
or before October 30, 2006.
ADDRESSES: The proposed settlement is
available for public inspection at the
EPA, Region 5, 7th Floor File Room, 77
West Jackson Boulevard, Chicago,
Illinois. In addition, a copy of the
proposed settlement also may be
obtained from Richard M. Murawski,
Assistant Regional Counsel (C–14J),
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604–3590, or by
calling (312) 886–6721. Comments
should reference the Calumet
Containers Superfund Site, Hammond,
Indiana and EPA Docket No. V–W–06–
C–854 and should be addressed to
Richard M. Murawski, Assistant
Regional Counsel (C–14J), Region 5, 77
West Jackson Boulevard, Chicago,
Illinois 60604.
SUPPLEMENTARY INFORMATION: The
parties listed below have executed
binding certifications of their consent to
participate in the settlement.
Settling Parties: Alden & Ott Printing
Ink Co.; American Can Company;
American Steel Foundries; Ashland
Chemical; Bee Chemical Company (aka
Universal Color Dispersions), a Rohm
and Haas Company; Bretford
Manufacturing, Inc.; Caterpillar Inc.;
Central Ink Corporation; Davies Imperial
Coatings, Inc.; MediaNews Group, Inc.,
for its subsidiary, The Denver Post
Corporation; Dober Chemical Corp.; R.R.
Donnelley & Sons Company, including
Moore Wallace Hillside Printing,
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]]>Agencies
[Federal Register Volume 71, Number 188 (Thursday, September 28, 2006)]
[Notices]
[Pages 56973-56975]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-15934]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[IN 169-1; FRL-8224-2]
Approval of the Clean Air Act Section 112(l) Delegation of
National Emission Standards for Hazardous Air Pollutants for Reinforced
Plastic Composites Production; Indiana
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This document announces that, upon signature of this notice,
EPA approved a request from the Indiana Department of Environmental
Management (IDEM) for delegation of authority to implement and enforce
the National Emission Standards for Hazardous Air Pollutants (NESHAP)
for reinforced plastic composites production through a State rule which
adjusts the maximum achievable control technology (MACT) standard for
reinforced plastic composites production. Pursuant to the Clean Air Act
(CAA) and the NESHAP provisions, states may seek approval of State
rules which make pre-approved adjustments to a MACT standard if the
State rule is unambiguously no less stringent than the Federal rule. On
June 20, 2005, IDEM requested approval to adjust the NESHAP for
reinforced plastic composites production. EPA reviewed this request and
found that it satisfied the requirements for approval under the Federal
provision which allows for delegation of an adjusted NESHAP, ``Approval
of State requirements that adjust a section 112 rule.'' Therefore, upon
the signature of this notice, EPA delegated to IDEM the authority to
implement and enforce the NESHAP for reinforced plastic composites
production, through IDEM's rule for reinforced plastic composites
production.
[[Page 56974]]
ADDRESSES: The documents relevant to this action are available for
public inspection during normal business hours at the following
address: 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 Sam
Portanova, Environmental Engineer, at (312) 886-3189 before visiting
the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Sam Portanova, Environmental Engineer,
Air Permits Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 886-3189, portanova.sam@epa.gov.
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 Action Is EPA Taking?
II. Under What Authority Is EPA Approving This Delegation?
III. How Does 326 IAC 20-56 Meet the Requirements for Delegation?
IV. What Is the Effect of This Delegation?
I. What Action Is EPA Taking?
Pursuant to section 112(l) of the CAA and 40 CFR 63.92, EPA
approved IDEM's request that EPA delegate the authority to implement
and enforce 40 CFR part 63, subpart WWWW, NESHAP for reinforced plastic
composites production, through Indiana rule 326 IAC 20-56, which
adjusts the Federal reinforced plastic composites production MACT. This
approval makes the Indiana rule, which is unambiguously no less
stringent than the Federal MACT, federally enforceable in Indiana. EPA
also approved the delegation of the applicable Category I authorities
for this MACT standard as set forth at 40 CFR 63.91(g).
II. Under What Authority Is EPA Approving This Delegation?
Pursuant to CAA section 112(l), a State may develop and submit to
EPA for approval a program for the partial or complete delegation of
section 112 rules. EPA may approve State rules or programs which
either: (1) Implement and enforce section 112 rules as promulgated by
EPA (``straight delegation''); (2) implement and enforce State rules
which adjust section 112 rules; (3) implement and enforce State rules
which substitute for section 112 rules. The Federal regulations
governing EPA's approval of State rules or programs under section
112(l) are located at 40 CFR part 63, subpart E.
Currently, IDEM has an EPA-approved program for the straight
delegation of MACT standards. EPA approved IDEM's program of delegation
for part 70 sources on November 14, 1995 (60 FR 57118). EPA approved
IDEM's expansion of its program of delegation to non-part 70 sources on
July 8, 1997 (62 FR 36460). Pursuant to the approved straight
delegation program, EPA has approved the straight delegation of
numerous MACT standards to IDEM (see 62 FR 36460 (7/8/1997), 65 FR
17264 (3/31/2000), 69 FR 22508 (4/26/2004), and 71 FR 2225 (1/13/
2006)).
By letter dated June 20, 2005, IDEM requested approval of
delegation of authority to implement and enforce 40 CFR part 63,
subpart WWWW, the reinforced plastic composites production MACT,
through a State rule which adjusts the MACT standard. The criteria for
EPA's approval of State rules which adjust section 112 rules are set
forth at 40 CFR 63.92. In general, adjustments to section 112 MACT
standards must be unambiguously no less stringent than the Federal rule
and be limited to certain pre-approved matters. More specifically,
Section 63.92(b) requires that the State demonstrate the following: (1)
The State program meets the criteria of section 63.91, which provides
for the straight delegation of section 112 rules; (2) the public has
had adequate notice and opportunity to submit written comment on the
State requirements which adjust the section 112 rule; (3) the
adjustment to the section 112 rule results in requirements that are
unequivocally no less stringent than the Federal rule with respect to:
(a) Applicability; (b) level of control for each affected source and
emission point; (c) compliance and enforcement measures; (d) dates of
compliance. Further, Section 63.92(b)(3) only allows certain pre-
approved adjustments, including the following: (1) Lowering a required
emission rate; (2) adding a design, work practice, operational
standard; (3) increasing a required control efficiency; (4) increasing
the frequency of required reporting, testing, sampling or monitoring.
If the above criteria are met, EPA will approve the delegation of a
MACT standard through a State rule which adjusts the standard. Because
EPA has previously noticed and provided opportunity for comment on the
adjustment procedure, including the list of allowable adjustments, no
further notice or opportunity for comment is required. See 58 FR 62262
(November 26, 1993). The delegation is effective upon the signature of
the Federal Register notice. CAA section 63.92(a)(3). See 65 FR 55837
(September 14, 2000).
III. How Does 326 IAC 20-56 Meet the Requirements for Delegation?
IDEM's reinforced plastic composites production rule incorporates
by reference the provisions of the Federal reinforced plastic
composites production NESHAP. However, IDEM's rule adjusts the standard
by adding certain provisions that are not included in the Federal
reinforced plastic composites production NESHAP. As shown below, IDEM
has demonstrated that its adjustments are unequivocally no less
stringent than the Federal MACT provisions. The adjustments meet the
criteria set forth in 40 CFR 63.92(b) for State rules which adjust a
MACT standard.
A. The Reinforced Plastic Composites Production NESHAP
The reinforced plastic composites production MACT, which IDEM seeks
to adjust, was proposed in the Federal Register on August 2, 2001 (66
FR 40323) and promulgated on April 21, 2003 (68 FR 19375). EPA
published a rule amendment to this NESHAP on August 25, 2005 (70 FR
50117).
In general, the NESHAP for reinforced plastic composites production
facilities regulates production and ancillary processes used to
manufacture products with thermoset resins and gel coats.
B. How Does the State Program Meet the Requirements of 40 CFR 63.91?
40 CFR 63.92(b) provides that a State which seeks delegation of the
authority to implement and enforce a Section 112 rule through a State
rule which adjusts the Federal rule must first meet the criteria of 40
CFR 63.91(d). 40 CFR 63.91(d) sets forth the ``up-front'' approval
requirements for the ``straight'' delegation of Federal MACT standards
as promulgated. Once approved, a State need only reference the earlier
approval of the criteria. Based on prior program submittals and
approvals for IDEM's Title V air permit and Section 112 delegation
program, IDEM has met the requirements specified in 40 CFR 63.91(d).
C. How Does the State Demonstrate that the Public Has Had Adequate
Notice and Opportunity to Submit Written Comments on the State
Requirements?
40 CFR 63.92(b)(1) requires that a State seeking delegation under
this section demonstrate that the public has had adequate notice and
opportunity to
[[Page 56975]]
comment on the State requirements. Title 13 of the Indiana Code (IC)
contains statutory requirements for the environmental rulemaking
process. IC 13-14-9 specifies requirements for providing opportunities
for public comment during this process. Opportunities for comment were
made available through two published notices for comment and two public
hearings. Therefore, IDEM has met the requirements of 40 CFR
63.92(b)(1).
D. How Does the State Demonstrate that the Adjustments Pertain to
Certain Pre-Approved Matters and are Unequivocally No Less Stringent
than the Federal Rule?
40 CFR 63.92(b)(2) requires that each State adjustment to a Federal
Section 112 rule be unequivocally no less stringent than the Federal
rule with respect to: Applicability; level of control for each affected
source and emission point; compliance and enforcement measures; and
compliance dates. Further, 40 CFR 63.92(b)(3) identifies those limited
areas in which Federal Section 112 rules can be adjusted. Those limited
adjustments include: Lowering a required emission rate; adding a
design, work practice, operational standard, emission rate or other
such requirement; increasing the frequency of required reporting,
testing, sampling or monitoring.
IDEM incorporated by reference the provisions of 40 CFR Part 63,
Subpart WWWW, as promulgated, except to add certain limited provisions
which are allowable adjustments under 40 CFR 63.92(b)(3). As described
below, IDEM has demonstrated that those provisions that were adjusted
meet the criteria of 63.92(b)(2) and (3).
326 IAC 20-56-1 incorporates by reference 40 CFR part 63, subpart
WWWW. 326 IAC 20-56-2 adds operator training requirements that are not
included in the Federal NESHAP for sources subject to subpart WWWW. The
training requirements apply to personnel involved in resin and gel coat
spraying and applications that could result in excess emissions if
performed improperly. This section also requires the maintenance of
training records on site. These training requirements are the only rule
adjustments to the Federal NESHAP. The provisions in 326 IAC 20-56-2
are more stringent than the Federal NESHAP and are acceptable as a rule
adjustment.
IV. What Is the Effect of This Delegation?
On September 19, 2006, EPA approved IDEM's request to delegate the
authority to implement and enforce 40 CFR part 63, subpart WWWW,
through 326 IAC 20-56, which adjusts the reinforced plastic composites
production MACT. EPA also approved the delegation of the applicable
Category I authorities as set forth at 40 CFR section 63.91(g).
All notifications, reports and other correspondence required under
40 CFR, part 63, subpart WWWW, as adjusted by 326 IAC 20-56, should be
sent to the State of Indiana, rather than to the EPA, Region 5, in
Chicago. Affected sources should send this information to: Indiana
Department of Environmental Management, Office of Air Management, 100
North Senate Avenue, P.O. Box 6015, Indianapolis, Indiana 46206-6015.
Pursuant to Section 112(l)(7) of the CAA, nothing in this
delegation prohibits EPA from enforcing any applicable emission
standard or requirement. The reinforced plastic composites production
MACT, 40 CFR part 63, subpart WWWW, as adjusted by 326 IAC 20-56, is
federally enforceable.
Authority: 42 U.S.C. 7401 et seq.
Date: September 19, 2006.
Gary Gulezian,
Acting Regional Administrator, Region 5.
[FR Doc. E6-15934 Filed 9-27-06; 8:45 am]
BILLING CODE 6560-50-P
