[Federal Register Volume 62, Number 62 (Tuesday, April 1, 1997)]
[Rules and Regulations]
[Pages 15404-15407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8181]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[IN74-1(a); FRL-5687-8]
Approval of Section 112(l) Program of Delegation; Indiana
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving, through a ``direct final'' procedure, a
request for delegation of the Federal air toxics program contained
within 40 CFR Parts 61 and 63 pursuant to section 112(l) of the Clean
Air Act (CAA) of 1990. The State's mechanism of delegation involves
State rule adoption of all existing and future section 112 standards
unchanged from the Federal standards. The actual delegation of
authority of individual standards will be in the form of a letter from
EPA to the Indiana Department of Environmental Management (IDEM). This
request for approval of a mechanism of delegation encompasses all
sources not covered by the Part 70 program.
DATES: This action will become effective June 2, 1997, unless adverse
or critical comments not previously addressed by the State or EPA are
received by May 1, 1997. If the effective date is delayed, timely
notice will be published in the Federal Register.
ADDRESSES: Copies of the State's submittal and other supporting
information used in developing the approval are available for
inspection during normal business hours at the following location: EPA
Region 5, 77 West Jackson Boulevard, AR-18J, Chicago, Illinois, 60604.
Please contact Sam Portanova at (312) 886-3189 to arrange a time if
inspection of the submittal is desired.
FOR FURTHER INFORMATION CONTACT: Sam Portanova, AR-18J, 77 West Jackson
Boulevard, Chicago, Illinois, 60604, (312) 886-3189.
SUPPLEMENTARY INFORMATION:
I. Background and Purpose
Section 112(l) of the CAA enables the EPA to approve State air
toxics programs or rules to operate in place of the Federal air toxics
program. The Federal air toxics program implements the requirements
found in section 112 of the CAA pertaining to the regulation of
hazardous air pollutants. Approval of an
[[Page 15405]]
air toxics program is granted by the EPA if the Agency finds that the
State program: (1) Is ``no less stringent'' than the corresponding
Federal program or rule, (2) the State has adequate authority and
resources to implement the program, (3) the schedule for implementation
and compliance is sufficiently expeditious, and (4) the program is
otherwise in compliance with Federal guidance. Once approval is
granted, the air toxics program can be implemented and enforced by
State or local agencies, as well as EPA. Implementation by local
agencies is dependent upon appropriate subdelegation.
On February 7, 1996, Indiana submitted to EPA a request for
delegation of authority to implement and enforce the air toxics program
under section 112 of the CAA. On February 29, 1996, EPA found the
State's submittal complete. In this document EPA is taking final action
to approve the program of delegation for Indiana.
II. Review of State Submittal
A. Program Summary
Requirements for approval, specified in section 112(l)(5), require
that a State's program contain adequate authorities, adequate resources
for implementation, and an expeditious compliance schedule. These
requirements are also requirements for an adequate operating permits
program under Part 70 (40 CFR 70.4). On November 14, 1995, EPA
promulgated a final interim approval under Part 70 of the State of
Indiana's Operating Permit Program. The notice included the approval of
a mechanism for delegation of all section 112 standards for sources
subject to the Part 70 program. Sources subject to the Part 70 program
are those sources that are operating pursuant to a Part 70 permit
issued by the State, local agency, or EPA. Sources not subject to the
Part 70 program are those sources that are not required to obtain a
Part 70 permit from either the State, local agency, or EPA. This action
supplements the Part 70 rulemaking in that Indiana will have the
authority to implement and enforce the section 112 air toxics program
regardless of a source's Part 70 applicability. The Indiana program of
delegation for sources not subject to Part 70 will not include
delegation of section 112(r) authority or section 112(i)(5) Early
Reductions Program authority.
As stated above, this document constitutes EPA's approval of
Indiana's program of delegation of all existing and future air toxics
standards, except for section 112(r) standards as they pertain to non-
Part 70 sources. This delegation is for State rule adoption of all
existing and future section 112 standards unchanged from the Federal
standards delegation. Indiana intends to seek such delegation for all
section 112 standards with the exception of section 112(r). The Indiana
program of delegation will operate as follows:
1. For existing section 112 standards, IDEM has submitted a
schedule for their adoption into the State regulations.
2. For a future section 112 standard for which IDEM intends to
accept delegation, EPA will automatically delegate the authority to
implement a standard to the State by letter unless IDEM notifies EPA
differently within 45 days of EPA final promulgation of the standard.
Upon receipt of the EPA letter, the State will be responsible for the
implementation of the standard. Some activities necessary for effective
implementation of the standard include receipt of initial
notifications, recordkeeping, reporting and generally assuring that
sources subject to the standard are aware of its existence.
3. IDEM will adopt the standard unchanged from the Federal standard
into the State regulations as expeditiously as practicable. Indiana
Code (IC) 13-7-7-5 requires IDEM to adopt such standards within 9
months of the effective date of the Federal standard.
4. Upon completion of regulatory action, IDEM will submit to EPA
proof of rule adoption.
5. EPA will respond with a letter delegating enforcement authority
to the State. EPA will enforce the standard until such time the State
has been delegated the enforcement authority.
Indiana will assume responsibility for the timely implementation
and enforcement required by the standard, as well as any further
activities agreed to by IDEM and EPA. When deemed appropriate, IDEM
will utilize the resources of its Small Business Assistance Program to
assist in general program implementation.
B. Criteria for Approval
On November 26, 1993, EPA promulgated regulations to provide
guidance relating to the approval of State programs under section
112(l) of the CAA. 58 FR 62262. That rulemaking outlined the
requirements of approval with respect to various delegation options.
The requirements for approval, pursuant to section 112(l)(5) of the
CAA, of a program to implement and enforce Federal section 112 rules as
promulgated without changes are found at 40 CFR 63.91. Any request for
approval must meet all section 112(l) approval criteria, as well as all
approval criteria of 40 CFR 63.91. A more detailed analysis of the
State's submittal pursuant to 40 CFR 63.91 is contained in the
Technical Support Document included in the docket of this rulemaking.
Under section 112(l) of the CAA, approval of a State program is
granted by the EPA if the Agency finds that it: (1) Is ``no less
stringent'' than the corresponding Federal program, (2) that the State
has adequate authority and resources to implement the program, (3) the
schedule for implementation and compliance is sufficiently expeditious,
and (4) the program is otherwise in compliance with Federal guidance.
C. Analysis
EPA is approving Indiana's mechanism of delegation because the
State's submittal meets all requirements necessary for approval under
section 112(l). The first requirement is that the program be no less
stringent than the Federal program. The Indiana program is no less
stringent than the corresponding Federal program or rule because the
State has requested delegation of all standards unchanged from the
Federal standards.
Second, the State has shown that it has adequate authority and
resources to implement the program. The Indiana Air Pollution Control
Board has statutory authority to adopt rules necessary to implement the
Federal Clean Air Act, as amended by the Clean Air Act Amendments of
1990. IC 13-1-1-4. This authority includes the ability to adopt federal
section 112 rules as promulgated without change. Indiana has adopted
several existing section 112 rules, is in the process of adopting the
remaining existing section 112 rules, and commits to the expeditious
adoption of future section 112 rules. Adequate resources will be
obtained through section 105 grant monies awarded to States by EPA,
through State matching funds, and through any monies from the State's
Title V program that can be used to fund acceptable Title V activities
with respect to these non-Part 70 sources.
Third, upon promulgation of a standard, Indiana will immediately
begin activities necessary for timely implementation of the standard.
These activities will involve identifying sources subject to the
applicable requirement, education and outreach to affected sources, and
providing assistance to sources in completing and submitting initial
notifications. Indiana has already conducted such activities for
several section 112 standards. In addition, Indiana is committed to
[[Page 15406]]
adopting section 112 standards into the State regulations within 9
months of Federal promulgation. This schedule is sufficiently
expeditious for approval.
Fourth, nothing in the Indiana program for delegation is contrary
to Federal guidance.
D. Determinations
In approving this delegation, EPA expects that the State will
obtain concurrence from EPA on any matter involving the interpretation
of section 112 of the Clean Air Act or 40 CFR Part 63 to the extent
that implementation, administration, or enforcement of these sections
have not been covered by EPA determinations or guidance.
III. Final Action
The EPA is promulgating final approval of the February 7, 1996,
request by the State of Indiana for delegation of section 112 standards
unchanged from Federal standards because the request meets all
requirements of 40 CFR 63.91 and section 112(l) of the CAA. Upon the
effective date of this document, all existing section 112 standards
which have been adopted unchanged into the State rules are delegated to
the State of Indiana. Future delegation of the section 112 standards to
the State will occur upon EPA's promulgation of the standard according
to the procedures outlined in this rulemaking action.
Upon the effective date of this action, all notifications, reports
and other correspondence required under section 112 standards should be
sent to the State of Indiana rather than to the EPA, Region 5, in
Chicago. Affected sources should send this information to: Indiana
Department of Environmental Management, Office of Air Management, 100
North Senate Avenue, P.O. Box 6015, Indianapolis, Indiana 46206-6015.
In this action, EPA approves the delegation of the Federal air
toxics program pursuant to section 112(l) of the CAA. EPA is publishing
this action without prior proposal because EPA views this action as a
noncontroversial revision and anticipates no adverse comments. However,
the rulemaking will not be deemed final if timely unaddressed adverse
or critical comments are filed. The ``direct final'' approval shall be
effective on June 2, 1997, unless EPA receives such adverse or critical
comments by May 1, 1997. EPA is now soliciting public comments on this
action. Any parties interested in commenting on this action should do
so at this time. In the proposed rules section of this Federal
Register, EPA is publishing a separate document which constitutes a
``proposed approval'' of the requested delegation. If EPA receives
timely comments adverse to or critical of the approval discussed above,
which have not been addressed by the State or EPA, EPA will publish a
Federal Register document which withdraws this final action. All public
comments received will then be addressed in a subsequent rulemaking
document based on the proposed approval. EPA will not institute a
second comment period on this action. Any parties interested in
commenting on this action should do so at this time.
Copies of the State's submittal and other information relied upon
for the final approval are contained in a docket maintained at the EPA
Regional Office. The docket is an organized and complete file of all
the information submitted to, or otherwise considered by, EPA in the
development of this final approval. The docket is available for public
inspection at the location listed under the ADDRESSES section of this
document.
Nothing in this action should be construed as permitting, allowing
or establishing a precedent for any future request for revision to the
State's delegated air toxics program. EPA shall consider each request
for revision to the State's delegated air toxics program in light of
specific technical, economic, and environmental factors and in relation
to relevant statutory and regulatory requirements.
This action has been classified as a Table 3 action by the Regional
Administrator under the procedures published in the Federal Register on
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993
memorandum from Michael H. Shapiro, Acting Assistant Administrator for
Air and Radiation. The Office of Management and Budget exempted this
regulatory action from Executive Order 12866 review.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. (5 U.S.C. 603 and 604.)
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
Delegation of the section 112 standards unchanged from the Federal
standard does not create any new requirements, but simply allows the
State to administer requirements that have been or will be separately
promulgated. Therefore, because this delegation approval does not
impose any new requirements, I certify that it does not have a
significant impact on any small entities affected.
Under sections 202, 203 and 205 of the Unfunded Mandates Reform Act
of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 1995,
EPA must undertake various actions in association with proposed or
final rules that include a Federal mandate that may result in estimated
costs of $100 million or more to the private sector, or to State,
local, or tribal governments in the aggregate.
EPA has determined that the approval action promulgated today does
not constitute 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. The State voluntarily
requested this delegation under section 112(l) for the purpose of
implementing and enforcing the air toxics program with respect to
sources not covered by Part 70. The delegation imposes no new Federal
requirements. Since the State was not required by law to seek
delegation, this Federal action does not impose a mandate on the State.
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 2, 1997. 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).)
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted 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
General Accounting Office prior to publication of this rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
List of Subjects in 40 CFR Part 63
Environmental Protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Intergovernmental
relations.
Authority: 42 U.S.C. 7401, et seq.
[[Page 15407]]
Dated: January 28, 1997.
David A. Ullrich,
Acting Regional Administrator.
[FR Doc. 97-8181 Filed 3-31-97; 8:45 am]
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