2090 Federal Register / Vol. 75, No. 9 / Thursday, January 14, 2010 / Proposed Rules 

Dated: January 4, 2010. 

Melissa Hartman, 

Acting Deputy Assistant Secretary for Privacy 

and Treasury Records. 

[FR Doc. 2010–293 Filed 1–13–10; 8:45 am] 

BILLING CODE 4810–25–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2009–0513; FRL–9103–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana; 

Volatile Organic Compound 

Automobile Refinishing Rules for 

Indiana 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: On June 5, 2009, the Indiana 

Department of Environmental 

Management (IDEM) submitted 

amendments to Indiana’s automobile 

refinishing rule for approval into its 

State Implementation Plan (SIP). These 

rule revisions extend the applicability of 

Indiana’s approved volatile organic 

compound (VOC) automobile 

refinishing rules to all persons in 

Indiana who sell or manufacture 

automobile refinishing coatings or who 

refinish motor vehicles. The rules are 

approvable because they are consistent 

with the Clean Air Act (Act) and EPA 

regulations, and should result in 

additional VOC emission reductions 

throughout Indiana. 

DATES: Comments must be received on 

or before February 16, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2009–0513, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the online instructions for submitting 

comments. 

2. E-mail: mooney.john@epa.gov. 

3. Fax: (312) 692–2551. 

4. Mail: John M. Mooney, Chief, 

Criteria Pollutant Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: John M. Mooney, 

Chief, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the regional office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

regional office 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 

Docket ID No. EPA–R05–OAR–2009– 

0513. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

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 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://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 http:// 

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 and 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 this document. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

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 at (312) 886–6052 before 

visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Steven Rosenthal, Environmental 

Engineer, Criteria Pollutant Section, Air 

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 Should I Consider as I Prepare My 

Comments for EPA? 

II. What Action Is EPA Taking Today and 

What Is the Purpose of This Action? 

III. What Is EPA’s Analysis of Indiana’s 

Automobile Refinishing Rule? 

IV. Statutory and Executive Order Reviews 

I. What Should I Consider as I Prepare 

My Comments for EPA? 

When submitting comments, 

remember to: 

1. Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

2. Follow directions—The EPA may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

3. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

4. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

5. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

6. Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

7. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

8. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. What Action Is EPA Taking Today 

and What Is the Purpose of This 

Action? 

EPA is proposing to approve rule 

revisions that broaden the coverage of 

Indiana’s VOC automobile refinishing 

SIP rules to include to all persons in 

Indiana who sell or manufacture 

automobile refinishing coatings or who 

refinish motor vehicles. Given the 

revised rule’s focus on VOC coating 

limitations and work practice standards, 

Indiana has also deleted references to 

control technology requirements. 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
Federal Register / Vol. 75, No. 9 / Thursday, January 14, 2010 / Proposed Rules 2091 

III. What Is EPA’s Analysis of Indiana’s 

Automobile Refinishing Rule? 

Background of Rule and Its Revisions 

EPA issued National VOC Emission 

Standards for Automobile Refinishing 

Coatings at 40 CFR part 59, subpart B, 

on September 11, 1998 (64 FR 48815, as 

amended at 69 FR 18803, April 9, 2004), 

promulgated under the Consumer and 

Commercial Products provisions of 

section 183(e) of the Act. The VOC 

emission limits in this rule apply 

nationwide to manufacturers and 

importers of automobile refinishing 

coatings or coating components that sell 

or distribute these coatings in the 

United States. 

On December 20, 1999, EPA approved 

326 IAC 8–10, in which Indiana adopted 

the requirements in EPA’s national rule, 

but applied its requirements to the sale 

of automobile refinishing coatings and 

the owners and operators of automobile 

refinishing facilities. Indiana’s SIP rule 

also contains additional work practice 

standards that reduce VOC emissions by 

specifying acceptable methods of spray 

gun cleaning, the type of application 

equipment that can be used (which 

reduces the amount of overspray) and 

housekeeping practices (such as storing 

VOC-containing materials in closed 

containers) that reduce VOC emissions. 

The revised rules submitted by 

Indiana expand the applicability of the 

previously approved rules from Clark, 

Floyd, Lake, Porter and Vanderburgh 

Counties to all of Indiana. 

Analysis of Rule and Its Revisions 

The revisions to Indiana’s automobile 

refinishing rule, 326 IAC 8–10, are 

approvable because they are consistent 

with the Act and applicable EPA 

regulations, and should result in 

additional VOC emission reductions. A 

description of the rule revisions follows: 

326 IAC 8–10–1 Applicability—This 

section has been revised so that after 

June 1, 2009, it applies to any person 

who sells automobile refinishing 

coatings or refinishes motor vehicles in 

all Indiana counties. 

326 IAC 8–10–2 Definitions—The 

definitions of ‘‘control device,’’ ‘‘control 

device efficiency’’ and ‘‘control system’’ 

have been deleted from this section 

because those terms are no longer used 

in this rule. A few other minor editorial 

and clarifying revisions have also been 

made. 

326 IAC 8–10–3 Requirements— 

This section expands the applicability 

of the control requirements to all of 

Indiana and eliminates requirements 

that had specifically applied to only 

Vanderburgh County. 

326 IAC 8–10–4 Means to limit VOC 

emissions—This section specifies the 

VOC limits that must be met by the 

owners or operators of a refinishing 

facility. It has been revised to eliminate 

the use of add-on control systems as a 

compliance option. This compliance 

option is not necessary because VOC 

content limits are more appropriate for 

automobile refinishing facilities than 

add-on control devices. 

326 IAC 8–10–5 Work Practice 

Standards and 326 IAC 8–10–6 

Compliance procedures have not been 

substantively revised. 

326 IAC 8–10–7 Test procedures and 

326 IAC 8–10–9 Recordkeeping and 

reporting—These sections have been 

revised primarily by removing the 

testing, recordkeeping and reporting 

requirements applicable to control 

devices. A new section, 326 IAC 8–10– 

9(e), has been added which requires the 

owners or operators of refinishing 

facilities subject to this rule to report 

any incidence in which a noncompliant 

coating was used within thirty days. 

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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: December 30, 2009. 

Bharat Mathur, 

Acting Regional Administrator, Region 5. 

[FR Doc. 2010–619 Filed 1–13–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R06–OAR–2009–0202; FRL–9103–2] 

Approval and Promulgation of 

Implementation Plans and Designation 

of Areas for Air Quality Planning 

Purposes; Arkansas; Redesignation of 

the Crittenden County, Arkansas 

Portion of the Memphis, TennesseeArkansas 1997 8-Hour Ozone 

Nonattainment Area to Attainment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: On February 24, 2009, the 

State of Arkansas, through the Arkansas 

Department of Environmental Quality 

(ADEQ), submitted a request to 

redesignate the Arkansas portion of the 

bi-state Memphis, Tennessee-Arkansas 

(Memphis TN-AR) 1997 8-hour ozone 

nonattainment area to attainment for the 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1