Approval and Promulgation of Air Quality Implementation Plans; Indiana; Volatile Organic Compound Emission Control Measures for Lake and Porter Counties in Indiana, 8246-8249 [2010-3523]
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8246
Federal Register / Vol. 75, No. 36 / Wednesday, February 24, 2010 / Rules and Regulations
adjusted each calendar year to reflect
the ‘GDP implicit price deflator’
published by the Department of
Commerce for the previous calendar
year.’’
Pursuant to § 375.308(x)(1) of the
Commission’s Regulations, the authority
for the publication of such cost limits,
as adjusted for inflation, is delegated to
the Director of the Office of Energy
Projects. The cost limits for calendar
year 2010, as published in Table I of
§ 157.208(d) and Table II of § 157.215(a),
are hereby issued.
List of Subjects in 18 CFR Part 157
Administrative practice and
procedure, Natural gas, Reporting and
recordkeeping requirements.
TABLE I—Continued
Limit
Year
2007
2008
2009
2010
*
*
Auto. proj.
cost limit
(Col. 1)
..........
..........
..........
..........
9,900,000
10,200,000
10,400,000
10,500,000
*
*
(a) * * *
(5) * * *
TABLE II
Year
PART 157—[AMENDED]
1. The authority citation for Part 157
continues to read as follows:
■
Authority: 15 U.S.C. 717–717w, 3301–
3432; 42 U.S.C. 7101–7352.
2. Table I in § 157.208(d) is revised to
read as follows:
■
§ 157.208 Construction, acquisition,
operation, replacement, and miscellaneous
rearrangement of facilities.
*
TABLE I
Limit
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Year
1982
1983
1984
1985
1986
1987
1988
1989
1990
1991
1992
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
VerDate Nov<24>2008
Auto. proj.
cost limit
(Col. 1)
$4,200,000
4,500,000
4,700,000
4,900,000
5,100,000
5,200,000
5,400,000
5,600,000
5,800,000
6,000,000
6,200,000
6,400,000
6,600,000
6,700,000
6,900,000
7,000,000
7,100,000
7,200,000
7,300,000
7,400,000
7,500,000
7,600,000
7,800,000
8,000,000
9,600,000
15:09 Feb 23, 2010
*
§ 157.215 Underground storage testing
and development.
Accordingly, 18 CFR Part 157 is
amended as follows:
*
Prior notice
proj. cost limit
(Col. 2)
$12,000,000
12,800,000
13,300,000
13,800,000
14,300,000
14,700,000
15,100,000
15,600,000
16,000,000
16,700,000
17,300,000
17,700,000
18,100,000
18,400,000
18,800,000
19,200,000
19,600,000
19,800,000
20,200,000
20,600,000
21,000,000
21,200,000
21,600,000
22,000,000
27,400,000
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28,200,000
29,000,000
29,600,000
29,900,000
3. Table II in § 157.215(a)(5) is revised
to read as follows:
■
*
*
(d) * * *
Prior notice
proj. cost limit
(Col. 2)
■
Jeff C. Wright,
Director, Office of Energy Projects.
*
ENVIRONMENTAL PROTECTION
AGENCY
Limit
1982
1983
1984
1985
1986
1987
1988
1989
1990
1991
1992
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
......................................
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......................................
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......................................
......................................
......................................
......................................
......................................
......................................
......................................
......................................
......................................
......................................
......................................
......................................
......................................
......................................
......................................
......................................
*
*
*
*
$2,700,000
2,900,000
3,000,000
3,100,000
3,200,000
3,300,000
3,400,000
3,500,000
3,600,000
3,800,000
3,900,000
4,000,000
4,100,000
4,200,000
4,300,000
4,400,000
4,500,000
4,550,000
4,650,000
4,750,000
4,850,000
4,900,000
5,000,000
5,100,000
5,250,000
5,400,000
5,550,000
5,600,000
5,700,000
*
[FR Doc. 2010–3650 Filed 2–23–10; 8:45 am]
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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.
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 ChicagoGary-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 https://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
https://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
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Federal Register / Vol. 75, No. 36 / Wednesday, February 24, 2010 / Rules and Regulations
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.
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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 nonCTG 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, 8hour ozone nonattainment area. Indiana
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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);
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• 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
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Federal Register / Vol. 75, No. 36 / Wednesday, February 24, 2010 / Rules and Regulations
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.
■
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart P—Indiana
2. Section 52.770 is amended by
adding paragraph (c)(193) to read as
follows:
■
§ 52.770
Identification of plan.
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*
*
*
*
*
(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
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15:09 Feb 23, 2010
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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).
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(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
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Federal Register / Vol. 75, No. 36 / Wednesday, February 24, 2010 / Rules and Regulations
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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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2010–0009; FRL–9115–9]
Approval and Promulgation of Air
Quality Implementation Plans; Virginia;
Opacity Source Surveillance Methods
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
SUMMARY: EPA is taking direct final
action to approve revisions to the
Commonwealth of Virginia State
Implementation Plan (SIP). The
revisions update methods for
determining compliance with opacity
standards for existing, new and
modified stationary sources. EPA is
approving these revisions in accordance
with the requirements of the Clean Air
Act (CAA).
DATES: This rule is effective on April 26,
2010 without further notice, unless EPA
receives adverse written comment by
March 26, 2010. If EPA receives such
comments, it will publish a timely
withdrawal of the direct final rule in the
Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2010–0009 by one of the
following methods:
A. https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
B. E-mail:
fernandez.cristina@epa.gov.
C. Mail: EPA–R03–OAR–2010–0009,
Cristina Fernandez, Associate Director,
Office of Air Program Planning,
Mailcode 3AP30, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103.
D. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2010–
0009. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at https://
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
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8249
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://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 https://
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
electronic docket are listed in the
https://www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
i.e., 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 in https://
www.regulations.gov or in hard copy
during normal business hours at the Air
Protection Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103. Copies of the State submittal are
available at the Virginia Department of
Environmental Quality, 629 East Main
Street, Richmond, Virginia 23219.
FOR FURTHER INFORMATION CONTACT:
Maria A. Pino, (215) 814–2181, or by email at pino.maria@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
I. Background
On August 25, 2008, the
Commonwealth of Virginia submitted a
formal revision to its SIP. The SIP
revision consists of amendments to Title
9 of the Virginia Administrative Code
(VAC) to update methods for
determining compliance with opacity
standards for existing, new, and
modified stationary sources.
E:\FR\FM\24FER1.SGM
24FER1
]]>Agencies
[Federal Register Volume 75, Number 36 (Wednesday, February 24, 2010)]
[Rules and Regulations]
[Pages 8246-8249]
From the Federal Register Online via the Government Printing 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.
-----------------------------------------------------------------------
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 https://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 https://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]
BILLING CODE 6560-50-P
