[Federal Register: May 5, 2003 (Volume 68, Number 86)]
[Rules and Regulations]
[Page 23604-23607]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05my03-18]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IN152-1a; FRL-7481-1]
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 revisions to volatile organic compound
(VOC) regulations in 326 Indiana Administrative Code (IAC) 8-1-2.
Indiana submitted a request for this State Implementation Plan (SIP)
revision on October 21, 2002, and provided additional material to EPA
on January 10, 2003. This revision affects miscellaneous metal coating
operations performing dip or flow coating. One change would enable dip
and flow coating operators to use a rolling 30-day average to meet VOC
content limits, instead of the current daily compliance requirement.
EPA has determined that the extended averaging period is more practical
for these sources because of the difficulties associated with
intermittently adding solvent and the higher transfer efficiency
associated with dip and flow coating operations. Solvent is
intermittently added to the coating tank to maintain proper viscosity.
Dip and flow coating generally has a higher transfer
[[Page 23605]]
efficiency, which results in lower emissions, than spray coating.
Indiana also added new equivalent emission limits for dip and flow
coating, and made some additional, minor revisions. For the reasons
discussed below, EPA is approving this submission.
DATES: This rule is effective on July 7, 2003, unless the EPA receives
relevant adverse written comments by June 4, 2003. If adverse comment
is received, the 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: You should mail written comments to: J. Elmer Bortzer,
Chief, Regulation Development Section, Air Programs Branch (AR-18J),
U.S. Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
You may inspect copies of Indiana's submittal at: Regulation
Development Section, Air Programs Branch (AR-18J), U.S. Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604.
FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer,
Regulation Development Section, Air Programs Branch (AR-18J), U.S.
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, Telephone: (312) 886-6524, E-Mail:
rau.matthew@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' are used we mean the EPA.
Table of Contents
I. What is Indiana's current requirement?
II. What are the changes from the current rule?
III. What is the EPA's analysis of the submission?
IV. What are the environmental effects of these actions?
V. What rulemaking actions are the EPA taking?
VI. Statutory and Executive Order Reviews.
I. What Is Indiana's Current Requirement?
The revisions to Indiana's SIP apply solely to dip and flow coating
operations. Dip coating operations dip parts into a tank containing the
coating to coat them. In flow coating, the coating pours over the parts
to coat them. Both dip and flow coatings have better transfer
efficiencies than any type of spray coating. Transfer efficiency is the
volume of solids deposited over the volume of solids used. The high
transfer efficiencies of both dip and flow coatings mean that waste and
VOC emissions are minimal. Under 326 IAC 8-1-2, dip and flow coating
facilities have been required to use daily averaging to meet VOC
content limits.
Dip or flow coating operations were required to use the equivalent
emission limits in terms of mass per volume of solids deposited. Now
they can use equivalent emission limits in terms of mass per volume of
solids. The difference is that the former includes the transfer
efficiency in calculating the limits. A transfer efficiency of 60% was
used. Since dip and flow coating have high transfer efficiencies,
complying with the new equivalent emission limits is easier for these
sources. The underlying VOC content limits used to calculate the
equivalent emission limits remain unchanged.
II. What Are the Changes From the Current Rule?
Under the revisions submitted by Indiana, owners and operators of
dip coating and flow coating operations can now use the VOC content
averaging method detailed in 326 IAC 8-1-2 (a)(9)(B), while provides
for a rolling 30-day average. The average includes the VOC content from
all coating and solvent added during the 30-day period.
Indiana also added new equivalent emission limits at 326 IAC 8-1-2
(a)(9)(A) for dip and flow coating operations. For these sources, the
new limits replace the general miscellaneous metal coating limits found
at 326 IAC 8-1-2 (a)(5)(C). Equivalent emission limits are expressed in
terms of mass VOC per volume of coating solids, which is necessary to
implement the VOC content averaging method. The equivalent emission
limits for dip or flow coating are 1.22 kilograms VOC per liter of
solids (kg/l) (10.2 pounds VOC per gallon (lb/gal)) for clear coatings,
0.80 kg/l (6.7 lb/gal) for air dried and extreme performance, and 6.1
kg/l (5.1 lb/gal) for all other coatings.
Indiana also made several minor revisions to 326 IAC 8-1-2. Most of
these revisions are simple rewording or adding a word or phrase for
clarity to portions of the rule. The equivalent emission limits for
miscellaneous metal coating have been moved from 326 IAC 8-1-2
(a)(9)(A) to (a)(5)(C). Indiana also establishes a baseline solvent
density of 7.36 pounds of VOC per gallon in 326 IAC 8-1-2 (b)(1).
The revisions to 326 IAC 8-1-2 were adopted on August 7, 2002, by
the Air Pollution Control Board. The rule was filed with the Secretary
of State on November 15, 2002, and effective on December 15, 2002. It
was published in 26 Indiana Register 1073 on January 1, 2003.
III. What Is EPA's Analysis of the Submission?
According to Indiana, the current requirement to determine
compliance on a daily average basis was inconsistent with certain
procedures required for proper operation of dip and flow facilities. In
order to maintain proper coating viscosity, so that the coating will be
applied correctly, solvent thinner (generally all VOCs) has to be
intermittently added and there are practical difficulties with
allocating the thinner to a specific day because it is not directly
applied to the metal part, as in spray coating.
In addition, dip and flow coating operations have higher transfer
efficiency, which results in lower emissions, than spray painting.
Therefore, the 30-day rolling average approach is reasonable because of
the difficulties associated with intermittently adding solvent thinner
and the higher transfer efficiency associated with dip and flow coating
operations.
The new equivalent emission limits for dip or flow coating
operations are consistent with the recommended emission limits in EPA
guidance for surface coating of miscellaneous metal parts and products.
The baseline solvent density of 7.36 lb VOC/gal in 326 IAC 8-1-2 (b)(1)
is acceptable. This is the average solvent density, so it will provide
a reasonable emission limit. The actual solvent density is required in
326 IAC 8-1-2 (b)(2) to calculate the actual emissions. The other rule
revisions are acceptable as they help clarify the rule.
IV. What Are the Environmental Effects of These Actions?
Reactions involving VOC and nitrogen oxides in warm air form
tropospheric (ground level) ozone. Ozone decreases lung function,
causing chest pain and coughing. It can aggravate asthma and other
respiratory diseases. The highest concentrations of ozone occur in the
warm months of the year. Children playing outside and healthy adults
who work or exercise outside also may be harmed by elevated ozone
levels. Ozone also reduces vegetation growth and reproduction.
The revisions to 326 IAC 8-1-2 make it more practical for sources
to continue using dip or flow coating. Dip and flow coating generally
has a higher transfer efficiency than spray coating, which results in
lower VOC emissions. Therefore, these revisions should not have an
adverse impact on air quality.
[[Page 23606]]
V. What Rulemaking Actions Are the EPA Taking?
The EPA is approving, through direct final rulemaking, revisions to
VOC emissions regulations for Indiana miscellaneous metal coating
operations using dip or flow coating contained in 326 IAC 8-1-2. These
revisions consist of changing the averaging period for dip and flow
coating facilities, adding equivalent emission limits, creating a
baseline solvent density, and rewording several portions of the rule.
For the reasons discussed above, EPA believes these revisions are
reasonable and consistent with the Act.
We are publishing this action without a prior proposal because we
view these as noncontroversial revisions and anticipate no adverse
comments. However, in the ``Proposed Rules'' section of today's Federal
Register, we are publishing a separate document that will serve as the
proposal to approve the SIP revision if adverse comments are filed.
This rule will be effective on July 7, 2003 without further notice
unless we receive relevant adverse written comment by June 4, 2003. If
the EPA receives adverse written comment, we will publish a final rule
informing the public that this rule will not take effect. We will
address all public comments in a subsequent final rule based on the
proposed rule. The EPA does not intend to institute a second comment
period on this action. Any parties interested in commenting on these
actions must do so at this time.
VI. Statutory and Executive Order Reviews.
Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget.
Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
For this reason, this action is also not subject to Executive Order
13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001).
Regulatory Flexibility Act
This action merely approves state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this rule will not have a significant economic impact on a substantial
number of small entities under the Regulatory Flexibility Act (5 U.S.C.
601 et seq.).
Unfunded Mandates Reform Act
Because this rule approves pre-existing requirements under state
law and does not impose any additional enforceable duty beyond that
required by state law, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (Public Law 104-4).
Executive Order 13175: Consultation and Coordination With Indian Tribal
Governments
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
Executive Order 13132: Federalism
This action also does not have Federalism implications because it
does 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 (64 FR 43255, August
10, 1999). This action 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.
Executive Order 13045: Protection of Children From Environmental Health
and Safety Risks
This rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.
National Technology Transfer Advancement Act
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply.
Paperwork Reduction Act
This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
Congressional Review Act
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).
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 July 7, 2003. 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, Air pollution control, Incorporation by
reference, Intergovernmental relations, Volatile organic compounds.
Dated: April 2, 2003.
Bharat Mathur,
Acting Regional Administrator, Region 5.
0
For the reasons stated in the preamble, part 52, chapter I, title 40 of
the Code of Federal Regulations is amended as follows:
[[Page 23607]]
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)(158) to read as
follows:
Sec. 52.770 Identification of plan.
* * * * *
(c) * * *
(158) On October 21, 2002 and January 10, 2003, Indiana submitted
revised volatile organic compound regulations for dip and flow coating
operations. The revisions include replacing daily compliance with a
rolling thirty day average and adding new equivalent emission limits.
(i) Incorporation by Reference.
Amendments to Indiana Administrative Code Title 326: Air Pollution
Control Board, Article 8: Volatile Organic Compound Rules, Rule 1:
General Provisions, Section 2: Compliance Methods. Filed with the
Secretary of State on November 15, 2002, and effective on December 15,
2002. Published in 26 Indiana Register 1073 on January 1, 2003.
[FR Doc. 03-10997 Filed 5-2-03; 8:45 am]
BILLING CODE 6560-50-P