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[Federal Register: January 14, 2010 (Volume 75, Number 9)]
[Proposed Rules]               
[Page 2090-2091]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14ja10-12]                         

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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.

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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.

[[Page 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
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