[Federal Register Volume 62, Number 75 (Friday, April 18, 1997)]
[Rules and Regulations]
[Pages 19055-19056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10128]
[[Page 19055]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IN45-3a; FRL-5698-5]
Approval and Promulgation of Implementation Plans; Indiana
AGENCY: Environmental Protection Agency (USEPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: On September 20, 1996, Indiana submitted a request to
incorporate revisions to the definitions of ``nonphotochemically
reactive hydrocarbon'' and ``volatile organic compounds'' (VOC) into
the Indiana State Implementation Plan (SIP). The term ``VOC'' denotes
chemical compounds which react with nitrogen dioxide (NO2) and
sunlight to form ozone. The term ``nonphotochemically reactive
hydrocarbon'' refers to chemical compounds which USEPA has determined
will not react with NO2 and sunlight to form ozone. In this
action, USEPA is approving the State's request to incorporate into the
SIP the revisions to these definitions through a ``direct final''
rulemaking; the rationale for this approval is set forth below. Part of
this submittal is in response to USEPA's May 4, 1995 conditional
approval of the State's VOC definition. Among other things, in this
rulemaking, USEPA is finding that the condition identified in USEPA's
May 4, 1995 action have been satisfied; therefore, USEPA is converting
the conditional approval to a full approval. Elsewhere in this Federal
Register, USEPA is proposing approval and soliciting comment on these
direct final actions; if adverse comments are received, USEPA will
withdraw the direct final rule and address the comments received in a
new final rule; otherwise, no further rulemaking will occur on the
State's request to incorporate revisions to these definitions into the
Indiana SIP.
DATES: This action will be effective June 17, 1997 unless adverse
comments not previously addressed by the State or USEPA are received by
May 19, 1997. If the effective date of this action is delayed due to
adverse comments, timely notice will be published in the Federal
Register.
ADDRESSES: Written comments should be sent to: J. Elmer Bortzer, Chief,
Regulation Development Section, Air Programs Branch (AR-18J), U.S.
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago,
Illinois 60604.
Copies of the Indiana submittal are available for public review
during normal business hours, between 8:00 a.m. and 4:30 p.m., at the
above address. A copy of this SIP revision is also available for
inspection at: Office of Air and Radiation (OAR) Docket and Information
Center (Air Docket 6102), Room 1500, U.S. Environmental Protection
Agency, 401 M Street, S.W., Washington, D.C. 20460.
FOR FURTHER INFORMATION CONTACT: Randolph O. Cano, Regulation
Development Section, Air Programs Branch (AR-18J), U.S. Environmental
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois, 60604.
Telephone: (312) 886-6036.
SUPPLEMENTARY INFORMATION:
I. Background
1. On May 4, 1995 (60 FR 22241), USEPA conditionally approved as a
SIP revision the State of Indiana's modified definition of
``nonphotochemically reactive hydrocarbon'' at Title 326 Indiana
Administrative Code (326 IAC) 1-2-48 and of ``VOC'' at 325 IAC 1-2-90.
The intention of these revisions was to comport with the February 2,
1992 revisions to the Federal definition of ``VOC'' (57 FR 3945). In
addition to making the changes authorized by the revised Federal
definition, Indiana also added ``vegetable oils'' as an exclusion to
the VOC definition. This additional exclusion was added at the request
of commentors who cited August 21,1990 and August 4, 1992 EPA policy
memoranda in support of their request. As discussed more fully in the
May 4, 1995 rulemaking, this exclusion was not consistent with Federal
requirements. By letter dated December 14, 1994, Indiana committed to
the necessary rule revision to correct this identified deficiency, thus
providing the basis for the Agency's conditional approval.
2. In addition, on October 5, 1994 (59 FR 3945), USEPA excluded two
compounds determined to be negligibly photochemically reactive from the
Federal definition of VOC--''parachlorobenzotrifluoride'' (PCBTF) and
``cyclic, branched, or linear completely methylated siloxanes.'' In
response to this Federal action, Indiana modified its definition of
``nonphotochemically reactive hydrocarbon'' at 326 IAC 1-2-48 to
include these two compounds.
3. The September 20, 1996 SIP revision request also includes an
additional change to the State's definition of ``nonphotochemically
reactive hydrocarbon'' at 326 IAC 1-2-48--the addition of ``acetone.''
This modification reflects USEPA's June 16, 1995 (60 FR 31634) final
rule which added acetone to the list of organic chemicals considered to
have negligible photochemical reactivity.
4. By this direct final rule, USEPA finds that the conditions of
USEPA's May 4, 1995 rulemaking have been satisfied. The conditional
approval is, therefore, converted to a full approval. Furthermore, the
additional definitional revisions submitted by Indiana are consistent
with the applicable Federal definition and are, therefore, approvable.
II. Rulemaking Action
Because the Indiana SIP revision requests are consistent with
changes to the Federal requirements, USEPA is approving them for
incorporation in the Indiana SIP. The deletion of the exclusion of
``vegetable oil'' from the definition of ``VOC'', codified at 326 IAC
1-2-90, satisfies USEPA's May 4, 1995 (60 FR 22241) conditional
approval of 326 IAC 1-2-48 and 1-2-90, and means that ``vegetable oil''
will be regulated as a ``VOC.''. The approval of these rules supersedes
USEPA's earlier conditional approval of them.
The USEPA is publishing this action without prior proposal because
USEPA views this as a noncontroversial revision and anticipates no
adverse comments. However, in a separate document in this Federal
Register publication, the USEPA is proposing to approve the SIP
revision should adverse or critical comments be filed. This action will
be effective on June 17, 1997 unless, by May 19, 1997, adverse or
critical comments are received.
If the USEPA receives such comments, this action will be withdrawn
before the effective date by publishing a subsequent rulemaking that
will withdraw the final action. All public comments received will be
addressed in a subsequent final rule based on this action serving as a
proposed rule. The USEPA will not institute a second comment period on
this action. Any parties interested in commenting on this action should
do so at this time. If no such comments are received, the public is
advised that this action will be effective on June 17, 1997.
Nothing in this action should be construed as permitting, allowing
or establishing a precedent for any future request for revision to any
SIP. Each request for revision to the SIP shall be considered
separately in light of specific technical, economic, and environmental
factors and in relation to relevant statutory and regulatory
requirements.
III. Administrative Requirements
A. Executive Order 12866
This action has been classified as a Table 3 action for signature
by the
[[Page 19056]]
Regional Administrator under the procedures published in the Federal
Register on January 19, 1989 (54 FR 2214-2225), as revised by a July
10, 1995, memorandum from Mary D. Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from Executive Order 12866 review.
B. Regulatory Flexibility.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., USEPA
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, USEPA 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.
SIP approvals under section 110 and subchapter I, part D of the
Clean Air Act (Act) do not create any new requirements, but simply
approve requirements that the State is already imposing. Therefore,
because the Federal SIP approval does not impose any new requirements,
the Administrator certifies that it does not have a significant impact
on any small entities affected. Moreover, due to the nature of the
Federal-State relationship under the Act, preparation of a flexibility
analysis would constitute Federal inquiry into the economic
reasonableness of the State action. The Act forbids USEPA to base its
actions concerning SIPs on such grounds. Union Electric Co. v. EPA.,
427 U.S. 246, 256-66 (1976); 42 U.S.C. 7410(a)(2).
C. Unfunded Mandates
Under Section 202 of the Unfunded Mandates Reform Act of 1995,
signed into law on March 22, 1995, USEPA must undertake various actions
in association with any proposed or final rule that includes a Federal
mandate that may result in estimated costs to state, local, or tribal
governments in the aggregate; or to the private sector, of $100 million
or more. This Federal action approves pre-existing requirements under
state or local law, and imposes no new Federal requirements.
Accordingly, no additional costs to state, local, or tribal
governments, or the private sector, result from this action.
D. Submission to Congress and the General Accounting Office
Under 5 section 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, USEPA 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 the rule in today's
Federal Register. This rule is not a major rule as defined by 5 section
804(2).
E. Petitions for Judicial Review
Under section 307(b)(1) of the Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 17, 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)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Ozone, Volatile organic compounds.
Dated: February 18, 1997.
David A. Ullrich,
Acting Regional Administrator.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671(q).
Subpart P--Indiana
Sec. 52.769 [Amended]
2. Section 52.769 is amended by removing and reserving paragraph
(a).
3. Section 52.770 is amended by adding paragraph (c)(116) to read
as follows:
Sec. 52.770 Identification of plan.
* * * * *
(c) * * *
(116) On September 20, 1996 the Indiana Department of Environmental
Management submitted a request to revise the Indiana State
Implementation Plan by adding parachlorobenzotrifluoride (PCBTF),
cyclic, branched or linear completely methylated siloxanes and acetone
to the definition of ``nonphotochemically reactive hydrocarbon,'' and
by deleting ``vegetable oil'' from a list of compounds not considered
to be volatile organic compounds (VOC) from the definition of VOC (thus
including ``vegetable oil'' as a ``VOC'').
(i) Incorporation by reference.
(A) 326 IAC 1-2-48 ``nonphotochemically reactive hydrocarbon''.
Sections 48(a)(22) ``parachlorobenzotrifluoride'' and (23) ``cyclic,
branched, or linear completely methylated siloxanes.'' 326 IAC 1-2-90
``volatile organic compound (VOC)'' definition. Section 90. Published
in Indiana Register, Volume 19, Number 1, October 1, 1995, page 29.
Filed with the Secretary of State September 5, 1995, effective October
5, 1995.
(B) 326 IAC 1-2-48 ``nonphotochemically reactive hydrocarbon.''
Section 48(a)(24) ``acetone'' (CAS Number 67-64-1). Published in
Indiana Register, Volume 19, Number 10, July 1, 1996, page 2856. Filed
with the Secretary of State, May 13, 1996, effective June 12, 1996.
[FR Doc. 97-10128 Filed 4-17-97; 8:45 am]
BILLING CODE 6560-50-P
