[Federal Register Volume 60, Number 86 (Thursday, May 4, 1995)]
[Rules and Regulations]
[Pages 22241-22242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10975]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IN45-2-6877; FRL-5184-2]
Approval and Promulgation of Implementation Plans; Indiana
AGENCY: United States Environmental Protection Agency (USEPA).
ACTION: Final rule.
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SUMMARY: On January 11, 1995, the USEPA proposed to conditionally
approve a State Implementation Plan (SIP) revision request submitted by
the State of Indiana for the purpose of remaining consistent with
Federal Volatile Organic Compound (VOC) definition requirements. 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,
S.W., Washington, D.C. 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
On February 3, 1992, USEPA promulgated a revised Federal definition
for VOC (57 FR 3945). 40 CFR 51.100(s). For purposes of meeting the
requirements of this revised Federal definition of VOC, the State of
Indiana submitted on February 25, 1994, a revision to the SIP which
consists of a two-part revised VOC definition, located under Title 326
Indiana Administrative Code (IAC) 1-2-48 (for ``nonphotochemically
reactive hydrocarbon'') and 326 IAC 1-2-90 (for ``VOC''). The
nonphotochemically reactive hydrocarbon definition at 326 IAC 1-2-48 is
amended to add five halocarbon compounds and four classes of
perfluorocarbons determined by USEPA to have negligible photochemical
reactivity. In 326 IAC 1-2-90, Indiana amends the definition of VOC by
excluding five carbon compounds determined by USEPA to
[[Page 22242]] have negligible photochemical reactivity as well as
excluding the organic compounds listed in 326 IAC 1-2-48. The
amendments, as described, comport with the Federal requirements.
However, Indiana also added an exclusion of vegetable oils to the
VOC definition, which USEPA has not determined to have negligible
photochemical reactivity and is not listed for exclusion in the
February 3, 1992 final rule. This exclusion of vegetable oils makes the
Indiana VOC definition inconsistent with Federal requirements.
Vegetable processing sources cannot be exempted from the VOC definition
rule, as proposed by the State of Indiana. Subject sources, however,
may be able to seek source category exemptions under the generic non-
Control Technology Guideline (non-CTG sources) RACT rule, if supported
by documentation acceptable to the USEPA.
Based on USEPA's preliminary analysis that the State's submittal
was unapprovable because the exclusion of vegetable oil from the
definition of VOC is inconsistent with the February 3, 1992, Federal
VOC definition, Indiana submitted to USEPA, a letter dated December 14,
1994, committing to the necessary rule revision to correct the
deficiency. In accordance with an attached schedule, Indiana expects a
final rule to be adopted and submitted to USEPA by January, 1996.
Final Rulemaking Action
The USEPA conditionally approves the two-part VOC definition
located under 326 IAC 1-2-48 and 326 IAC 1-2-90 because Indiana has
committed to correct the rule so that it fully comports with USEPA
requirements as established in the February 3, 1992 final rule. If the
State ultimately fails to meet its commitment 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 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 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 read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart P--Indiana
2. Section 52.769 is added to read as follows:
Sec. 52.769 Identification of plan--conditional approval.
The plan revision commitment listed in paragraph (a) of this
section was submitted on the date specified.
(a) On February 25, 1994, Indiana submitted a revision to the
definition of Volatile Organic Compound (VOC) in two parts as
amendments to Title 326 of the Indiana Administrative Code (326 IAC) 1-
2-48 (for nonphotochemically reactive hydrocarbon) and 1-2-90 (for
VOC). The United States Environmental Protection Agency (USEPA) is
conditionally approving the State's VOC definition, contingent on
fulfillment of the State's commitment to adopt and submit a State
Implementation Plan revision that would eliminate provisions which
exclude vegetable oil from the State's definition of VOC by May 6,
1996. If the State fails to meet its commitment by the date listed
above, the USEPA's conditional approval will automatically become a
disapproval without further regulatory action.
(1) Incorporation by reference.
(i) (A) 326 IAC 1-2-48 Nonphotochemically reactive hydrocarbon
definition and 1-2-90 Volatile Organic Compound definition. Filed with
the Secretary of State, August 9, 1993, effective September 8, 1993,
Published at Indiana Register, Volume 16, Number 12, September 1, 1993.
(b) (Reserved)
[FR Doc. 95-10975 Filed 5-3-95; 8:45 am]
BILLING CODE 6560-50-P
