[Federal Register: April 12, 2005 (Volume 70, Number 69)]
[Rules and Regulations]
[Page 19000-19003]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12ap05-11]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R05-OAR-2005-IN-0001; FRL-7894-8]
Approval and Promulgation of Air Quality 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) requirements for Transwheel Corporation (Transwheel) of
Huntington County, Indiana. Transwheel owns and operates an aluminum
wheel reprocessing plant at which it performs cold cleaner degreasing
operations. On December 22, 2004, the Indiana Department of
Environmental Management (IDEM) submitted a Commissioner's Order
containing the revised requirements, and requested that EPA approve it
as an amendment to the Indiana State Implementation Plan (SIP). The
December 22, 2004, submission supplements a November 8, 2001,
submission. IDEM is seeking EPA approval of ``an equivalent control
device'' for Transwheel's degreasing operations, under 326 Indiana
Administrative Code (IAC) 8-3-5(a)(5)(C).
DATES: This ``direct final'' rule is effective on June 13, 2005 unless
EPA receives adverse written comments by May 12, 2005. 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: Submit comments, identified by Regional Material in E-Docket
(RME) ID No. R05-OAR-2005-IN-0001 by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov. Follow the
on-line instructions for submitting comments.
Agency Website: http://docket.epa.gov/rmepub/. RME, EPA's
electronic public docket and comments system, is EPA's preferred method
for receiving comments. Once in the system, select ``quick search,''
then key in the appropriate RME Docket identification number. Follow
the on-line instructions for submitting comments.
E-mail: mooney.john@epa.gov.
Fax: (312)886-5824.
Mail: You may send written comments to:
John Mooney, Chief, Criteria Pollutant Section, (AR-18J), U.S.
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago,
Illinois 60604.
Hand delivery: Deliver your comments to: John Mooney, Chief,
Criteria Pollutant Section, (AR-18J), U.S. Environmental Protection
Agency, Region 5, 77 West Jackson Boulevard, 18th floor, Chicago,
Illinois 60604.
Such deliveries are only accepted during the Regional Office's
normal hours of operation. The Regional Office's official hours of
business are Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding
Federal holidays.
Instructions: Direct your comments to RME ID No. R05-OAR-2005-IN-
0001. EPA's policy is that all comments received will be included in
the public docket without change, 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
consider to be CBI or otherwise protected through RME, regulations.gov,
[[Page 19001]]
or e-mail. The EPA RME website and the federal regulations.gov website
are ``anonymous access'' systems, 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 RME or 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. For additional instructions on submitting
comments, go to Section I of the SUPPLEMENTARY INFORMATION section of
the related proposed rule which is published in the Proposed Rules
section of this Federal Register.
Docket: All documents in the electronic docket are listed in the
RME index at http://docket.epa.gov/rmepub/. Although listed in the
index, some information is not publicly available, i.e., CBI or other
information whose disclosure is restricted by statute. Publicly
available docket materials are available either electronically in RME
or in hard copy at the U.S. Environmental Protection Agency, Region 5,
Air and Radiation Division, 77 West Jackson Boulevard, Chicago,
Illinois 60604. We recommend that you telephone Matt Rau, Environmental
Engineer, at (312) 886-6524 before visiting the Region 5 office. This
Facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays.
FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer,
Criteria Pollutant 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 EPA.
Table of Contents
I. General Information
A. Does This Action Apply to Me?
B. How Can I Get Copies of This Document and Other Related
Information?
C. How and to Whom Do I Submit Comments?
II. What Is EPA Approving?
III. What Are the Changes From the Current Rule?
IV. What Is EPA's Analysis of the Supporting Materials?
V. What Are the Environmental Effects of These Actions?
VI. What Rulemaking Action Is EPA Taking?
VII. Statutory and Executive Order Reviews
I. General Information
A. Does This Action Apply to Me?
This action applies to a single source, Transwheel Corporation,
whose facility is located in Huntington County, Indiana.
B. How Can I Get Copies of This Document and Other Related information?
1. The Regional Office has established an electronic public
rulemaking file available for inspection at RME under ID No. R05-OAR-
2005-IN-0001, and a hard copy file which is available for inspection at
the Regional Office. The official public file consists of the documents
specifically referenced in this action, any public comments received,
and other information related to this action. Although a part of the
official docket, the public rulemaking file does not include CBI or
other information whose disclosure is restricted by statute. The
official public rulemaking file is the collection of materials that is
available for public viewing at the Air Programs Branch, Air and
Radiation Division, EPA Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604. EPA requests that if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding
Federal holidays.
2. Electronic Access. You may access this Federal Register document
electronically through the regulations.gov web site located at http://www.regulations.gov
where you can find, review, and submit comments on
Federal rules that have been published in the Federal Register, the
Government's legal newspaper, and are open for comment.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing at the EPA Regional Office,
as EPA receives them and without change, unless the comment contains
copyrighted material, CBI, or other information whose disclosure is
restricted by statute. When EPA identifies a comment containing
copyrighted material, EPA will provide a reference to that material in
the version of the comment that is placed in the official public
rulemaking file. The entire printed comment, including the copyrighted
material, will be available at the Regional Office for public
inspection.
C. How and To Whom Do I Submit Comments?
You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate rulemaking identification number by including the text
``Public comment on proposed rulemaking Region 5 Air Docket R05-OAR-
2005-IN-0001'' in the subject line on the first page of your comment.
Please ensure that your comments are submitted within the specified
comment period. Comments received after the close of the comment period
will be marked ``late.'' EPA is not required to consider these late
comments.
For detailed instructions on submitting public comments and on what
to consider as you prepare your comments see the ADDRESSES section and
the section I General Information of the SUPPLEMENTARY INFORMATION
section of the related proposed rule which is published in the Proposed
Rules section of this Federal Register.
II. What Is EPA Approving?
EPA is approving a revision to Indiana's VOC SIP for Transwheel.
The company has requested that it be permitted to use an oil cover as
an equivalent control device for its cold cleaner degreaser, under 326
IAC 8-3-5(a)(5)(C). The oil cover is a layer of mineral oil several
inches thick floating over the cleaning solvent in a dip tank. The
solvent is a mixture of two water miscible compounds, N-methyl-2-
pyrrolidinone (NMP) and ethanol amine (MEA). The oil cover controls VOC
emissions from the dip tank by reducing solvent evaporation.
III. What Are the Changes From the Current Rule?
Indiana's cold cleaner degreaser control requirements are contained
in 326 IAC 8-3-5. Under Section (a)(5) of this rule, degreasers that
use volatile or heated solvent are required to control VOC emissions by
using a water cover over the solvent, using a freeboard ratio over
0.75, or by using ``other systems of demonstrated equivalent
control...'' Such equivalent systems, however, must
[[Page 19002]]
be submitted to and approved by EPA as SIP revisions.
IV. What Is EPA's Analysis of the Supporting Materials?
Indiana supplied EPA with technical information on the solvents
used by Transwheel and the requested oil cover. Indiana also provided
information on why a water cover would not work with the solvents used
and why the freeboard ratio of the tank cannot practically be increased
to the level required by 326 IAC 8-3-5.
The solvents Transwheel uses, NMP and MEA, are miscible in water.
An attempt to use a water cover would fail to reduce VOC emissions. The
water would blend with the cleaning solvents and not provide any
barrier against solvent evaporation. To meet the freeboard ratio
requirement of 0.75, Transwheel would need to raise the freeboard
height on its dip tank to 34 inches. This would require that the
building be altered to accommodate the dip tank's increased height. The
cost of raising the roof or lowering the floor makes this option cost
prohibitive.
In its ``Guide to Cleaner Technologies: Cleaning and Degreasing
Process Changes'' (EPA/625/R-93/017), EPA suggests the use of an oil
cover for operations using heated NMP. Transwheel uses a heated NMP and
MEA solvent blend in its operation. The supplied technical information
shows that NMP and MEA have similar vapor densities. The oil cover, a
layer of mineral oil several inches deep, provides a physical barrier
between the cleaning solvents and the atmosphere. Thus, it is
reasonable to expect an oil cover to work well for controlling VOC
emissions from an NMP and MEA solvent blend.
It should also be noted that this request constitutes a petition
for a site-specific reasonably available control technology (RACT) plan
under 326 IAC 8-1-5. Consequently, Transwheel was required to
demonstrate to IDEM that the oil cover constitutes RACT for the subject
facility, as well as address the other factors specified in 326 IAC 8-
1-5(a).
V. What Are the Environmental Effects of These Actions?
The primary reason for control technologies in this type of
facility is to reduce precursors of tropospheric (ground level) ozone.
Reactions involving VOCs and nitrogen oxides in warm air form
tropospheric ozone. The highest concentrations of ozone occur in the
warm months of the year. Ozone decreases lung function causing chest
pain and coughing. It can aggravate asthma and other respiratory
diseases. 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 including economically
important agricultural crops.
The oil cover is expected to provide equivalent VOC emission
reductions to what would have been achieved by raising the freeboard
height to the required freeboard ratio. Controlling VOC emissions from
the Transwheel facility should help to reduce tropospheric ozone
formation in northeastern Indiana.
VI. What Rulemaking Action Is EPA Taking?
EPA is approving, through direct final rulemaking, revisions to VOC
emissions regulations for the Transwheel aluminum wheel reprocessing
facility in Huntington County, Indiana. The revision provides for the
use of an oil cover as an equivalent VOC emission control system under
326 IAC 8-3-5 for its cold cleaner degreaser.
We are publishing this action without prior proposal because we
view this as a noncontroversial revision 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 relevant adverse written
comments are filed. This rule will be effective June 13, 2005 without
further notice unless we receive relevant adverse written comment by
May 12, 2005. If we receive such comments, 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 this
action must do so at this time.
VII. 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 (Pub. L. 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.
[[Page 19003]]
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. Section 804, however, exempts from section 801 the
following types of rules: rules of particular applicability; rules
relating to agency management or personnel; and rules of agency
organization, procedure, or practice that do not substantially affect
the rights or obligations of non agency parties. 5 U.S.C. 804(3). EPA
is not required to submit a rule report regarding today's action under
section 801 because this is a rule of particular applicability.
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 June 13, 2005. 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, Intergovernmental
relations, Incorporation by reference, Ozone, Volatile organic
compounds.
Dated: March 1, 2005.
Norman Niedergang,
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:
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)(169) to read as
follows:
Sec. 52.770 Identification of plan.
* * * * *
(c) * * *
(169) On December 22, 2004, Indiana submitted a request to revise
the volatile organic compound requirements for Transwheel Corporation
of Huntington County, Indiana. EPA is approving the oil cover as an
equivalent control device under 326 Indiana Administrative Code 8-3-5
(a)(5)(C).
(i) Incorporation by reference.
(A) Commissioner's Order 2004-04 as issued by the Indiana
Department of Environmental Management on December 22, 2004.
[FR Doc. 05-7329 Filed 4-11-05; 8:45 am]
BILLING CODE 6560-50-P