[Federal Register Volume 60, Number 86 (Thursday, May 4, 1995)]
[Rules and Regulations]
[Pages 22240-22241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10974]
[[Page 22239]]
_______________________________________________________________________
Part V
Environmental Protection Agency
_______________________________________________________________________
40 CFR Part 52
Approval and Promulgation of Implementation Plans; Indiana; Final Rules
Federal Register / Vol. 60, No. 86 / Thursday, May 4, 1995 / Rules
and Regulations
[[Page 22240]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IN42-2-6876; FRL-5184-1]
Approval and Promulgation of Implementation Plans; Indiana
AGENCY: Environmental Protection Agency (USEPA).
ACTION: Final rule.
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SUMMARY: On January 10, 1995, the USEPA proposed to conditionally
approve a State Implementation Plan (SIP) revision request submitted by
the State of Indiana, governing the control of Volatile Organic
Compound (VOC) emissions from graphic arts facilities with the
potential to emit 25 tons per year or more of VOC, as part of the
Reasonably Available Control Technology (RACT) Catch-Up requirements
for the Indiana severe ozone nonattainment area (Lake and Porter
Counties). Public comments were solicited on the proposed SIP revision,
and on USEPA's proposed rulemaking action. The public comment period
ended on February 10, 1995, and no public comments were received. This
rulemaking action conditionally approves, in final, this SIP revision
request for Indiana.
EFFECTIVE DATE: This final rulemaking becomes effective on June 5,
1995.
ADDRESSES: Copies of the State's submittal, and other materials
relating to this rulemaking are available at the following address for
review: United States Environmental Protection Agency, Region 5, Air
and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois
60604.
The docket may be inspected between the hours of 8:30 a.m. and 12
noon and from 1:30 p.m. until 3:30 p.m. Monday through Friday. A
reasonable fee may be charged by the USEPA for copying docket material.
A copy of this SIP revision is 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,
SW., Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: Mark J. Palermo, Regulation
Development Branch, Regulation Development Section (AR-18J), U.S.
Environmental Protection Agency, Region 5, Chicago, Illinois 60604,
(312) 886-6082.
Anyone wishing to visit the Region 5 offices should first contact
Mark J. Palermo.
SUPPLEMENTARY INFORMATION:
Background
The State of Indiana submitted a revision request for its ozone SIP
on February 25, 1994, amending the graphic arts rule. The amendments
for graphic arts (326 IAC 8-5-5) function to reduce the source size
applicability cut-off for graphic arts facilities located in the severe
ozone nonattainment area (Lake and Porter Counties) from 100 to 25 tons
of VOC per year (potential to emit) as required by the Clean Air Act
(the Act), as amended in 1990. The USEPA's preliminary analysis of this
submittal found that although the revision was generally acceptable,
the recordkeeping and reporting requirements, contained in 326 IAC 8-1-
2, do not provide for adequate enforcement of the graphic arts rule.
USEPA has provided the Indiana Department of Environmental Management
with a copy of the June 1992 Model VOC Rules, on which USEPA based its
analysis. Indiana submitted to USEPA a letter dated December 14, 1994,
committing to the necessary rule revision. In accordance with an
attached schedule, Indiana expects a final rule to be adopted and
submitted to USEPA by January 31, 1996.
Final Rulemaking Action
The USEPA conditionally approves the Indiana requested ozone SIP
revision, rule 326 IAC 8-5-5, governing the control of VOC emissions
from graphic arts facilities located in the Indiana severe ozone
nonattainment area (Lake and Porter Counties) which have the potential
to emit 25 tons per year or more of VOC, submitted on February 25,
1994. The conditional approval is based on the State's commitment,
submitted in a letter on December 14, 1994, to correct deficiencies to
Indiana's recordkeeping and reporting requirements, contained in 326
IAC 8-1-2, by January 31, 1996.
In order to correct the necessary deficiencies, the State must meet
three requirements. The first requirement is for the monitoring,
recordkeeping and reporting (MRR) requirements in the Indiana rules to
be made more comprehensive to include more than: (1) Daily volume-
weighted averages of all coatings applied in a coating or printing
line; and (2) records of daily usage of gallons of solids coating and
VOC content for each coating or ink solvent. Alternatively, when a
source complies by using control devices, then records of monitoring
parameters and other information must also be kept. The MRR
requirements should also specify a period of time (i.e., 5 years)
during which records shall be maintained at the facility (See June 1992
Model VOC Rules).
The second requirement is for the Indiana rules to be revised to
require maintenance of records and reports of new or existing control
devices. Records and reports that should be maintained include
monitoring data, calibration and maintenance logs, and logs of
operating time (See Model VOC Rules).
The third requirement is for the Indiana rules to be revised to
require the maintenance of records and reports for exempt sources such
as: Information pertaining to the initial certification, calculations
demonstrating that total potential emissions of VOC from all
flexographic and rotogravure printing presses at the facility will be
less than the required limits for each year, the maintenance of record
for a period of 5 years, and the requirement that any exceedances will
be reported to the Administrator within 30 days after the exceedance
occurs. Exempt sources should calculate: (1) Yearly potential
emissions, (2) yearly actual emissions, and (3) the name,
identification, VOC content, and yearly volume of coatings/inks (see
Model VOC Rules). If the State ultimately fails to meet its commitment
to meet these requirements within one year of final conditional
approval, then USEPA's action for the State's requested SIP revision
will automatically convert to a final disapproval.
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 (OMB) has
exempted this regulatory action from Executive Order 12866 review.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any SIP. Each request for revision to any SIP shall be
considered separately in light of specific technical, economic, and
environmental factors and in relation to relevant statutory and
regulatory requirements.
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 July 3, 1995. 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
[[Page 22241]] 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) of the Act.)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Volatile organic compounds.
Dated: March 22, 1995.
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 reads as
follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart P--Indiana
2. Section 52.769 is amended by revising the introductory text and
adding paragraph (b) to read as follows:
Sec. 52.769 Identification of plan--conditional approval.
The plan revision commitment listed in paragraphs (a) and (b) of
this section were submitted on the dates specified.
* * * * *
(b) On February 25, 1994, Indiana submitted an amendment to Title
326 of the Indiana Administrative Code (326 IAC) 8-5-5 to add Volatile
Organic Compound (VOC) Reasonably Available Control Technology (RACT)
requirements for graphic arts facilities in the Indiana severe ozone
nonattainment area (Lake and Porter Counties) which have the potential
to emit 25 tons per year or more of VOC. The United States
Environmental Protection Agency (USEPA) is conditionally approving the
State's graphic arts facilities VOC RACT rule, contingent on
fulfillment of the State's commitment to adopt and submit a State
Implementation Plan (SIP) revision that would correct deficiencies in
the State's recordkeeping and reporting requirements, contained in 326
IAC 8-1-2, by May 6, 1996. In order to correct the deficiencies, the
State must meet three requirements.
The first requirement is for the monitoring, recordkeeping and
reporting (MRR) requirements in the Indiana rules to be made more
comprehensive to include more than: Daily volume-weighted averages of
all coatings applied in a coating or printing line; and records of
daily usage of gallons of solids coating and VOC content for each
coating or ink solvent. Alternatively, when a source complies by using
control devices, then records of monitoring parameters and other
information must also be kept. The MRR requirements should also specify
a period of time (i.e., 5 years) during which records shall be
maintained at the facility. The second requirement is for the Indiana
rules to be revised to require maintenance of records and reports of
new or existing control devices. Records and reports that should be
maintained include monitoring data, calibration and maintenance logs,
and logs of operating time. The third requirement is for the Indiana
rules to be revised to require the maintenance of records and reports
for exempt sources such as: Information pertaining to the initial
certification, calculations demonstrating that total potential
emissions of VOC from all flexographic and rotogravure printing presses
at the facility will be less than the required limits for each year,
the maintenance of record for a period of 5 years, and the requirement
that any exceedance will be reported to the Administrator within 30
days after the exceedance occurs. Exempt sources should calculate:
Yearly potential emissions, yearly actual emissions, and the name,
identification, VOC content, and yearly volume of coatings/inks. If the
State ultimately fails to meet its commitment to meet these
requirements by the date listed above, then USEPA's action for the
State's requested SIP revision will automatically convert to a final
disapproval without further regulatory action.
(1) Incorporation by reference.
(i) (A) 326 IAC 8-5-5 Graphic arts operations. Filed with the
Secretary of State, August 9, 1993, effective September 8, 1993,
Published at Indiana Register, Volume 16, Number 12, September 1, 1993.
[FR Doc. 95-10974 Filed 5-3-95; 8:45 am]
BILLING CODE 6560-50-P
