65FR36343 Approval and Promulgation of Implementation Plans; Indiana
robop...@us.govnews.org
Posting-number: Volume 65, Issue 111, Page 36343
[Federal Register: June 8, 2000 (Volume 65, Number 111)]
[Rules and Regulations]
[Page 36343-36346]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08jn00-12]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IN117-1a, FRL-6708-2]
Approval and Promulgation of Implementation Plans; Indiana
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The EPA is approving nine negative declarations submitted by
the State of Indiana on November 8, 1999, and January 10, 2000. Each of
these negative declarations concerns sources located in Lake and Porter
Counties, which are classified as a severe nonattainment area for the
pollutant ozone. Each of the negative declarations indicates that the
State has searched its emissions source inventory and permit files for
Lake and Porter Counties and determined there are no sources with a
potential to emit 25 tons per year or more of volatile organic
compounds (VOC) in the following source categories: aerospace coating
operations, industrial clean up solvents, industrial wastewater
processes, offset lithographic operations, business plastics,
automotive plastics, and synthetic organic chemical manufacturing
industries (SOCMI) batch processes, reactors and distillation units.
DATES: This rule is effective on August 7, 2000, unless EPA receives
adverse written comments by July 10, 2000. If adverse comment is
received, EPA will publish a timely withdrawal of the rule in the
Federal Register and inform the public that the rule will not take
effect.
ADDRESSES: Written comments should be sent to: J. Elmer Bortzer, Chief,
Regulation Development Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago,
Illinois 60604.
Copies of the negative declarations are available for inspection at
the Environmental Protection Agency, Region 5, Air and Radiation
Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. (Please
telephone Randolph O. Cano at (312) 886-6036 before visiting the Region
5 Office.)
FOR FURTHER INFORMATION CONTACT: Randolph O. Cano, Environmental
Protection Specialist, Regulation Development Section, Air Programs
Branch (AR-18J), EPA, Region 5, Chicago, Illinois 60604, (312) 886-
6036.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used we mean EPA.
Table of Contents
I. What is the background for this action?
II. What are negative declarations and what is their purpose?
III. What types of sources are covered by these negative
declarations?
IV. If new sources are constructed in Lake and Porter Counties, will
the VOC emissions from these source categories be uncontrolled?
V. EPA Rulemaking Action.
VI. Administrative Requirements.
A. Executive Order 12866
B. Executive Order 13045
C. Executive Order 13084
D. Executive Order 13132
E. Regulatory Flexibility Act
F. Unfunded Mandates
G. Submission to Congress and the Comptroller General
H. National Technology Transfer and Advancement Act
I. Petitions for Judicial Review
I. What Is the Background for This Action?
The Clean Air Act (Act), as amended in 1977, required States to
adopt emission controls reflective of reasonably available control
technology (RACT) for sources of VOC emissions in ozone nonattainment
areas. Subsequently, EPA issued three sets of control technique
guidelines (CTGs) documents, establishing a ``presumptive norm'' for
RACT for various categories of VOC sources. The three sets of CTGs were
(1) Group I--issued before January 1978 (15 CTGs); (2) Group II--issued
in 1978 (9 CTGs); and (3) Group III--issued in the early 1980's (5
CTGs). Those sources not covered by a CTG were called non-CTG sources.
EPA determined that an area's State Implementation Plan (SIP) approved
attainment date established which RACT rules the State needed to adopt
and implement and for which areas. In those areas where the State
sought from EPA an extension of the attainment date under section
172(a)(2) of the Act to as late as December 31, 1987, the Act as
amended in 1977 required RACT for all CTG sources and for all major VOC
non-CTG sources. The 1977 amendments to the Act defined as major any
VOC non-CTG source with a potential to emit 100 tons per year or more
of VOC emissions. Indiana sought and received such an extension from
EPA for Lake and Porter Counties.
Congress amended the Act in 1990. The 1990 amendments to the Act
reduced the size definition of major source to 25 tons per year or more
of VOC emissions for sources located in severe ozone nonattainment
areas. Section 182(b)(2) of the Act, as amended, requires States to
adopt RACT rules for all areas designated nonattainment for ozone and
classified as moderate or above. There are three parts to the section
182(b)(2) RACT requirement: (1) RACT for sources covered by an existing
CTG--i.e., a CTG issued prior to the enactment of the amended Act of
1990; (2) RACT for sources covered by a post-enactment CTG; and (3) all
major sources not covered by a CTG. These section 182(b)(2) RACT
requirements are referred to as the RACT ``catch-up'' requirements.
Section 183 of the amended Act requires EPA to issue CTGs for 13
source categories by November 15, 1993. EPA published a CTG by this
date for the following source categories--Synthetic Organic Chemical
Manufacturing Industry (SOCMI) Reactors and Distillation, aerospace
manufacturing coating operation, shipbuilding and ship repair coating
operations, and wood furniture coating operation; however, EPA has not
completed the CTGs for the remaining source categories. The amended Act
requires States to submit rules for sources covered by a post-enactment
CTG in accordance with a schedule specified in a CTG document.
The EPA created a CTG document as appendix E to the General
Preamble for the Implementation of Title I of the Clean Air Act
Amendments of 1990. (57 FR 18070, 18077, April 28, 1992). In appendix
E, EPA interpreted the Act to allow a State to submit a non-CTG rule by
November 15, 1992, or to defer submittal of a RACT rule for sources
that the State anticipated would be covered by a post-enactment CTG,
based on the list of CTGs EPA expected to issue to meet the requirement
in section 183. Appendix E states that if EPA fails to issue a CTG by
November 15, 1993 (which it did for 11 source categories), the
responsibility shifts to the State to
[[Page 36344]]
submit a non-CTG RACT rule for those sources by November 15, 1994. In
accordance with section 182(b)(2), implementation of that RACT rule
should occur by May 31, 1995.
II. What Are Negative Declarations and What Is Their Purpose?
The EPA does not require States to develop plans or regulations to
control emissions from sources which are not located in the planning
area. In order to determine whether this might be the case, the State
may examine its emissions inventory before initiating the planning and
regulation development process. If the State finds no subject sources,
then the State may prepare and submit to EPA, a negative declaration
stating there are no sources in the planning area which would be
subject to the required rule, rather than a control plan for sources in
a particular category. In addition to reviewing its emissions
inventory, Indiana reviewed its permit files for sources with a
potential to emit 25 tons or more of VOC annually located in Lake and
Porter Counties.
III. What Types of Sources Are Covered by These Negative
Declarations?
The State negative declarations addressed two CTG categories:
Control of Volatile Organic Compound Emissions from Industrial
Wastewater (EPA Document Number: EPA-453/D-93-056) and Control of
Volatile Organic Emissions from Coating Operations at Aerospace
Manufacturing and Rework Facilities (EPA Document Number: EPA-453/R-97-
004, December 1997). The State's negative declarations also includes
two source categories addressed by the Alternative Control Document:
\1\ Surface Coating of Automotive/ Transportation and Business Machine
Plastic Parts (EPA 4531R-94-017, February 1994 including page 4-3a as
revised April 4, 1994). The State negative declarations also addressed
five non-CTG source categories because the State must control VOC
emissions from all sources with a potential to emit 25 tons or more of
VOC annually located in Lake and Porter Counties. Indiana searched its
inventory and determined that no sources with a potential to emit 25
tons or more of VOC per year were located in Lake and Porter Counties
in the following five non-CTG source categories: industrial clean up
solvents, offset lithography operations, and SOCMI batch processes,
reactors and distillation units.
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\1\ Alternative Control Documents are prepared by EPA to provide
information on emissions, controls, control options and costs which
the State can use in developing rules based on RACT.
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IV. If New Sources Are Constructed in Lake and Porter Counties,
Will the VOC Emissions From These Source Categories Be
Uncontrolled?
No, new major sources locating in a nonattainment area are subject
to the more stringent emission control requirements of New Source
Review under part D of the Clean Air Act.
V. EPA Rulemaking Action
EPA has examined the State's negative declarations regarding the
lack of need for regulations controlling emissions from the source
categories identified above and located in Lake and Porter Counties.
EPA also examined the supporting evidence provided by the State. Based
on these examinations, EPA agrees there are currently no major sources
in the nine categories for which the State submitted negative
declarations located in the Lake and Porter Counties severe ozone
nonattainment area. As a result, EPA approves Indiana's negative
declarations for these sources.
EPA is publishing this action without prior proposal because EPA
views this as a noncontroversial revision and anticipates no adverse
comments. However, in a separate document in this Federal Register
publication, EPA is proposing to approve the State Plan should adverse
written comments be filed. This action will be effective without
further notice unless EPA receives relevant adverse written comment by
July 10, 2000. Should EPA receive such comments, it will publish a
final rule informing the public that this action will not take effect.
Any parties interested in commenting on this action should do so at
this time. If no such comments are received, the public is advised that
this action will be effective on August 7, 2000.
VI. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order 12866, entitled ``Regulatory
Planning and Review.''
B. Executive Order 13045
Protection of Children from Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) Is
determined to be ``economically significant'' as defined under
Executive Order 12866, and (2) concerns an environmental health or
safety risk that EPA has reason to believe may have a disproportionate
effect on children. If the regulatory action meets both criteria, the
Agency must evaluate the environmental health or safety effects of the
planned rule on children, and explain why the planned regulation is
preferable to other potentially effective and reasonably feasible
alternatives considered by the Agency.
This rule is not subject to Executive Order 13045 because it does
not involve decisions intended to mitigate environmental health or
safety risks.
C. Executive Order 13084
Under Executive Order 13084, EPA may not issue a regulation that is
not required by statute, that significantly affects or uniquely affects
the communities of Indian tribal governments, and that imposes
substantial direct compliance costs on those communities, unless the
Federal government provides the funds necessary to pay the direct
compliance costs incurred by the tribal governments, or EPA consults
with those governments. If EPA complies by consulting, Executive Order
13084 requires EPA to provide to the Office of Management and Budget,
in a separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation. In addition, Executive Order 13084 requires EPA to develop
an effective process permitting elected officials and other
representatives of Indian tribal governments ``to provide meaningful
and timely input in the development of regulatory policies on matters
that significantly or uniquely affect their communities.''
Today's rule does not significantly or uniquely affect the
communities of Indian tribal governments. This action does not involve
or impose any requirements that affect Indian Tribes. Accordingly, the
requirements of section 3(b) of Executive Order 13084 do not apply to
this rule.
D. Executive Order 13132
Federalism (64 FR 43255, August 10, 1999) revokes and replaces
Executive Orders 12612 (Federalism) and 12875 (Enhancing the
Intergovernmental Partnership). Executive Order 13132 requires EPA to
develop an accountable process to ensure ``meaningful and timely input
by State and local officials in the development of regulatory policies
that have federalism implications.'' ``Policies that have federalism
implications'' is defined in
[[Page 36345]]
the Executive Order to include regulations that have ``substantial
direct effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.'' Under
Executive Order 13132, EPA may not issue a regulation that has
federalism implications, that imposes substantial direct compliance
costs, and that is not required by statute, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by State and local governments, or EPA consults with
State and local officials early in the process of developing the
proposed regulation. EPA also may not issue a regulation that has
federalism implications and that preempts State law unless the Agency
consults with State and local officials early in the process of
developing the proposed regulation.
This rule will not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government, as specified in Executive Order 13132, because it
merely approves a state rule implementing a federal standard, and does
not alter the relationship or the distribution of power and
responsibilities established in the Clean Air Act. Thus, the
requirements of section 6 of the Executive Order do not apply to this
rule.
E. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions.
This rule will not have a significant impact on a substantial
number of small entities because SIP approvals under section 110 and
subchapter I, part D of the Clean Air Act do not create any new
requirements but simply approve requirements that the State is already
imposing. Therefore, because the Federal SIP approval does not create
any new requirements, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
Moreover, due to the nature of the Federal-State relationship under the
Clean Air Act, preparation of flexibility analysis would constitute
Federal inquiry into the economic reasonableness of state action. The
Clean Air Act forbids EPA to base its actions concerning SIPs on such
grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976);
42 U.S.C. 7410(a)(2).
F. Unfunded Mandates
Under sections 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
the private sector, of $100 million or more. Under section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the approval action promulgated does not
include a Federal mandate that may result in estimated costs of $100
million or more to either State, local, or tribal governments in the
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new
requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
G. Submission to Congress and the Comptroller General
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 rule 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). This rule will be effective August 7, 2000 unless EPA receives
adverse written comments by July 10, 2000.
H. National Technology Transfer and Advancement Act
Section 12 of the National Technology Transfer and Advancement Act
(NTTAA) of 1995 requires Federal agencies to evaluate existing
technical standards when developing a new regulation. To comply with
NTTAA, EPA must consider and use ``voluntary consensus standards''
(VCS) if available and applicable when developing programs and policies
unless doing so would be inconsistent with applicable law or otherwise
impractical.
The EPA believes that VCS are inapplicable to this action. Today's
action does not require the public to perform activities conducive to
the use of VCS.
I. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by August 7, 2000. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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, Administrative practice and procedure,
Air pollution control, Hydrocarbons, Intergovernmental relations,
Ozone, Reporting and recordkeeping requirements, Volatile organic
compounds.
Dated: May 24, 2000.
Francis X. Lyons,
Regional Administrator, Region 5.
For the reasons stated in the preamble, part 52, chapter I, title
40 of the Code of Federal Regulations 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 52.777 is amended by adding paragraph (w) to read as
follows:
Sec. 52.777 Control strategy: Photochemical oxidants (hydrocarbons).
* * * * *
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(w) Negative declarations--Aerospace coating operations, industrial
clean up solvents, industrial wastewater processes, offset lithography
operations, business plastics, automotive plastics, and synthetic
organic chemical manufacturing industries (SOCMI) batch processes,
reactors and distillation units categories. On November 8, 1999, and
January 10, 2000, the State of Indiana certified to the satisfaction of
the Environmental Protection Agency that no major sources categorized
as part of the nine categories listed above and have a potential to
emit 25 tons or more of volatile organic compounds annually are located
in Lake or Porter Counties in northwest Indiana.
[FR Doc. 00-13841 Filed 6-7-00; 8:45 am]
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