[Federal Register Volume 63, Number 124 (Monday, June 29, 1998)]
[Rules and Regulations]
[Pages 35141-35145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17122]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IN85-1a; FRL-6115-7]
Approval and Promulgation of Implementation Plan; Indiana
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: On February 25, 1994, the State of Indiana submitted
regulations as a revision to the ozone State Implementation Plan (SIP),
governing the control of Volatile Organic Compound (VOC) emissions from
graphic arts sources in Lake and Porter Counties. EPA approved these
regulations on May 4, 1995, subject to the condition that the State
adopt appropriate record keeping and reporting requirements. On July
24, 1997, the State of Indiana submitted a SIP revision request to the
EPA containing, among other things, record keeping and reporting
requirements for all graphic arts sources in Indiana. VOC is one of the
air pollutants which combine on hot, sunny summer days with oxides of
nitrogen to form ground-level ozone, commonly known as smog, in and
downwind of significant source areas, such as large urban areas. Ozone
pollution is of particular concern because of its harmful effects on
lung tissue and breathing passages. The State's rule revisions are
designed to meet the Clean Air Act (Act) requirement for States to
adopt Reasonably Available Control Technology (RACT) rules for sources
that are covered by Control Techniques Guideline (CTG) documents or
that are major sources for VOC. This rulemaking action approves,
through direct final action, the Indiana SIP revision request as it
pertains to graphic arts sources.
DATES: The ``direct final'' rule is effective on August 28, 1998,
unless EPA receives adverse or critical written comments by July 29,
1998. If adverse comments are received, EPA will publish a timely
withdrawal of the rule in the Federal Register informing the public
that the rule will not take effect.
ADDRESSES: Copies of the revision request are available for inspection
at the following address: U.S. Environmental Protection Agency, Region
5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago,
Illinois 60604. (It is recommended that you telephone Mark J. Palermo
at (312) 886-6082 before visiting the Region 5 Office.)
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.
FOR FURTHER INFORMATION CONTACT: Edward Doty, Environmental Scientist,
at (312) 886-6057.
SUPPLEMENTARY INFORMATION:
I. Background
On November 15, 1990, Congress enacted amendments to the Clean Air
Act; Pub. L. 101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401-7671q.
Section 182(b)(2) of the Act requires all States with moderate and
above ozone nonattainment areas to adopt RACT rules for VOC sources
that are located within these ozone nonattainment areas and that are
covered by CTG documents. One source category to be controlled by
application of RACT rules is graphic arts.
In Indiana, VOC emission control requirements for graphic arts
sources are contained in Indiana Administrative Code (IAC) rule 326 IAC
8-5-5. This rule applies to packaging rotogravure, publication
rotogravure, and flexographic printing sources. On February 25, 1994,
the State of Indiana submitted a revision request for its ozone SIP
amending the graphic arts rule. This amendment functioned to reduce the
source size applicability cut-off for graphic arts sources 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 sections
182(b)(2) and 182(d) of the Act.
Based on a review of the February 25, 1994 submittal, the EPA
proposed to conditionally approve the rule revision on January 10, 1995
(60 FR 2568), and completed final rulemaking to conditionally approve
the SIP revision on May 4, 1995 (60 FR 22241). At that time, the EPA
stated that, although the revised rule contained acceptable VOC
emission control requirements for graphic arts sources, it did not
include specific record keeping and reporting requirements needed to
make the rule sufficiently enforceable. EPA's conditional approval was
based on a December 14, 1994 commitment from the State to correct the
rule to add appropriate record keeping and reporting requirements.
The rule revisions submitted by the Indiana Department of
Environmental Management (IDEM) on July 24, 1997, were designed, in
part, to provide the record keeping and reporting requirements for
graphic arts sources. The submittal also includes additional revisions
to rule 326 IAC 8-5-5. These rule revisions are addressed in this
rulemaking.
IDEM's July 24, 1997 submittal also includes rule revisions for
miscellaneous metal coating sources that employ the use of dip tanks or
flow coating operations. These rule revisions will be addressed in a
separate, future rulemaking.
II. Summary of Rule Revisions
In the discussion which follows, to remain consistent with
definitions used by IDEM (these definitions differ in some respect from
those used by other States and from those typically used by the EPA
(EPA typically reverses the following definitions)), the following
definitions are used in this rulemaking:
Facility means any one (1) structure, piece of equipment,
installation, or operation which emits or has the potential to emit
any air contaminant. Single pieces of equipment or single
installations with multiple emission points shall be considered as a
single facility.
Source means an aggregation of one (1) or more facilities which
are located on one piece of property or on contiguous or adjacent
properties, and which are owned or operated by the same person (or
by persons under common control).
These definitions are found in Indiana's rules 326 IAC 1-2-27 and 326
IAC 1-2-72, respectively.
The following summarizes the contents of the newly adopted rules or
the adopted revisions to the existing rules.
Rule 326 IAC 8-1-9
This rule has been adopted to cover general record keeping and
reporting requirements for graphic arts sources subject to new rules
326 IAC 8-1-10 through 326 IAC 8-1-12. Rule 326 IAC 8-1-9 states that
the applicable test methods and procedures specified in rule 326 IAC 8-
1-4 (testing procedures) shall be used to determine: (1) the VOC
content of each coating as applied; and (2) the efficiency of each
emissions capture system and control device. Records required by this
rule, including those used to demonstrate source exemption from
applicable emission control requirements, must be submitted to IDEM or
EPA upon request. All
[[Page 35142]]
applicable records are required to be maintained on-site in an
accessible manner for three years and in a ``reasonably accessible''
manner for an additional two year period.
Rule 326 IAC 8-1-10
This rule has been adopted to cover compliance certification,
record keeping, and reporting requirements for graphic arts sources
that use compliant coatings (compliant with the requirements of rule
326 IAC 8-5-5). Upon startup of a facility, or upon changing the method
of compliance to the use of compliant coatings, the owner or operator
of the source must certify to IDEM that the source is in compliance
with the requirements of this rule.
By May 1, 1997, or upon startup of a new coating facility, or upon
changing the compliance method to the use of compliant coatings, the
owner or operator of the facility shall for each coating facility and
each coating used, collect and record each day and maintain all of the
following information: (1) the name and identification number of each
coating, as applied; and (2) the mass of VOC (excluding water and
exempt compounds) per volume of coating, as applied, expressed in units
necessary to determine compliance. As new coatings are added, the
records for the facility must be updated to include the new coatings.
If use of a coating is discontinued, the records for the discontinued
coating must be maintained in compliance with rule 326 IAC 8-1-9.
Sources affected by this rule must notify IDEM if one of the
following instances occurs:
(1) When noncompliant coatings are used, the owner or operator of
the noncomplying facility must notify IDEM within 30 days following the
use of the noncompliant coating, and must include the following
information: (a) name and location of the coating facility; (b) time,
date, and duration of the noncompliance; and (c) the corrective actions
taken; or,
(2) At least 30 calendar days before changing the method of
compliance from the use of compliant coatings to the use of daily-
weighted averaging or to the use of control devices, the owner or
operator shall comply with rule 326 IAC 8-1-11(b) or with rule 326 IAC
8-1-12(b). These rules require certification of the compliance of a
facility with the applicable emission control requirements (see
discussion of certification requirements below).
Rule 326 IAC 8-1-11
This rule applies to graphic arts sources for which compliance is
based on the use of daily-weighted averaging. Upon startup of a new
coating facility, or upon changing compliance to the use of daily-
weighted averaging, the owner or operator of the coating facility must
certify to IDEM that the coating facility is in compliance with the
requirements of this rule. This certification must include:
(1) the name and location of the facility;
(2) the address and telephone number of the person responsible for
the facility;
(3) the identification of each coating facility and identification
of the applicable emission limit for each of these facilities;
(4) the name and identification number of each coating facility
that will comply by means of daily-weighted averaging;
(5) the VOC content of each coating, as applied, each day for each
coating facility, expressed in units necessary to determine compliance;
(6) the instrument or method that will be used to calculate the VOC
content of each coating and the volume of each coating, as applied,
used each day at each coating facility;
(7) the method by which the owner or the operator will create and
maintain records each day;
(8) calculation of the daily-weighted average VOC emission rate/
content level for a day representative of the current or projected
maximum production levels; and,
(9) the time at which the coating facility's day begins if a time
other than midnight local time is used to define a day.
For each coating facility and for each coating used, the owner or
operator must record and maintain the following daily information:
(1) the name and identification number of each coating, as applied;
(2) the mass of VOC per volume (excluding water and exempt
compounds) and the volume of each coating, as applied, in units
necessary to determine compliance; and,
(3) the daily-weighted average VOC content of all coatings used in
the coating facility.
On and after May 1, 1997, applicable sources must notify IDEM if
one of the following instances occurs:
(1) When a record shows use of coatings with VOC contents exceeding
a daily-weighted average limit, the owner or operator must submit a
copy of the record to and notify IDEM within 30 days following the use
of the noncompliant coatings, and must include the following
information: (a) name and location of the coating facility; (b) date
and duration of the noncompliance; and (c) the corrective actions
taken; or,
(2) At least 30 calendar days before changing the method of
compliance to the use of compliant coatings or to the use of emission
control devices and away from the use of a daily-weighted average, the
owner or operator shall comply with the requirements of 326 IAC 8-1-
10(b) or with the requirements of 326 IAC 8-1-12(b) as appropriate.
Rule 326 IAC 8-1-12
This rule applies to graphic arts sources for which compliance is
based on the use of emission control devices.
By May 1, 1997, or upon startup of a new coating facility, or upon
changing the method of compliance for an existing coating facility to
use of an emission control device, the owner or operator of the
facility must comply with the following requirements:
(1) The control system operation, maintenance, and testing must
meet the following requirements:
(a) The control system must be operated and maintained according to
manufacturer recommendations, but may be modified based on compliance
tests or upon written request of IDEM;
(b) A copy of the operating and maintenance procedures must be
maintained at the facility for inspection by the control system
operators and by IDEM;
(c) The control system must be tested initially, with follow-up
compliance tests conducted no later than every 30 months after the
initial control system test; and,
(d) Compliance tests must be conducted according to a protocol
developed by IDEM at least 30 days before the test. The rule specifies
the minimum information that must be contained in the protocol.
(2) The rule specifies the monitoring equipment requirements for
each type of emission control equipment, covering the following
emission control system types: thermal incinerators; catalytic
incinerators; and carbon adsorbers.
On or after May 1, 1997, or after startup of a coating facility, or
after switching the compliance method to use of an emission control
device, the owner or operator must collect and record on a daily basis
all of the following information for each coating facility:
(1) the name and identification number of each coating used;
(2) the mass of VOC per unit volume of coating solids, as applied,
the volume solids content, as applied, and the
[[Page 35143]]
volume, as applied, of each coating, expressed in units necessary to
determine compliance;
(3) the maximum VOC content (mass of VOC per unit volume of coating
solids, as applied) or the daily-weighted average VOC content (mass of
VOC per unit volume of coating solids, as applied) of the coatings
used;
(4) the required overall emission reduction efficiency;
(5) the actual overall emission reduction efficiency achieved as
determined during a compliance test conducted under rule 326 IAC 8-1-
12(b)(1)(C);
(6) the control device monitoring data as specified in the rule for
thermal incinerators, catalytic incinerators, or carbon adsorbers;
(7) a log of operating time for the capture system, control device,
monitoring equipment, and associated coating facility; and,
(8) a maintenance log for the capture system, control device, and
monitoring equipment detailing all routine and nonroutine maintenance
performed, including dates and durations of any outages.
The owner or operator of a facility must notify IDEM within 30
calendar days of any noncompliance, identifying the control system for
which noncompliance has occurred and the corrective actions taken. The
owners or operators must also notify IDEM at least 30 calendar days in
advance before switching to an alternative compliance method.
Rule 326 IAC 8-5-5
The source application portion of this rule has been modified to
address (after October 1, 1993) sources located in Lake and Porter
Counties as follows:
(1) Sources whose potential emissions of VOC are greater than or
equal to 25 tons per year (22.7 megagrams per year) are subject to all
requirements of this rule, as well as to the requirements of rules 326
IAC 8-1-9 through 326 IAC 8-1-12;
(2) Sources whose potential emissions of VOC are less than 25 tons
per year but greater than or equal to 10 tons per year are exempt from
the emission control requirements of the rule, but are subject to the
certification, record keeping, and reporting requirements of rule 326
IAC 8-7-2(c) and rule 326 IAC 8-1-9(b); and,
(3) Sources whose potential emissions of VOC are less than 10 tons
per year are subject to the record keeping and reporting requirements
of rule 326 IAC 8-1-9(b) only. Rule 326 IAC 8-1-9(b) requires that
records used to demonstrate that a source is exempt from emission
control requirements be submitted to IDEM or to the EPA within 30 days
of the receipt of a written request from either of these agencies.
Other changes in rule 326 IAC 8-5-5 are minor and cosmetic in
nature and do not change the impact and basic requirements of the rule.
These minor changes are acceptable and are not given further
consideration here.
III. Technical Merits of Rule Revisions
Rules 326 IAC 8-1-9 through 326 IAC 8-1-12 have been added by IDEM
to the VOC rules to cover record keeping and reporting requirements for
graphic arts sources in Indiana. In developing these rules, IDEM
followed the example graphic arts rule provided in EPA's June 25, 1992
model VOC rules. It is these model VOC rules that provide the primary
guidance used here to judge the adequacy of Indiana's rule revisions.
Rule 326 8-5-5 was modified to refine the emission control, record
keeping, and reporting requirements for graphic arts sources located in
Lake and Porter Counties. This revision is needed given the lower
emissions source cutoff for major VOC sources (25 tons per year) for
sources in these counties, which are classified as ``severe''
nonattainment for ozone under section 181 of the Clean Air Act.
Rule 326 IAC 8-1-9
The general record keeping and reporting requirements contained in
this new rule are acceptable and consistent with EPA's model VOC rules.
Rule 326 IAC 8-1-10
The record keeping and reporting requirements for the use of
compliant coatings in graphic arts sources contained in this rule are
generally acceptable. Two minor concerns, however, are noted in
subdivisions (b)(5) and (c)(2) of this rule. Both of these rule
subsections require the recording of the VOC mass content of coatings,
as applied, excluding water and exempt compounds from the mass of VOC
when determining the VOC content of the coating. The definition of VOC
contained in 326 IAC 1-2-90, however, does not include water and exempt
compounds. Therefore, the water and exempt compound exclusion clauses
of subdivisions (b)(5) and (c)(2) have no meaning and no impacts. To be
absolutely correct, these clauses should follow the references to
``volume'' in these subdivisions. These clauses should be relocated in
the rule through technical corrections to the rule. However, taking
into account that the misplaced clauses have no data recording and
enforcement impacts, and noting that the remainder of these rule
subdivisions agree with EPA's model VOC rules, EPA has concluded that
rule 326 IAC 8-1-10 is approvable.
Rules 326 IAC 8-1-11 and 326 IAC 8-1-12
These rules are consistent with EPA's model VOC rules, and are
acceptable.
Rule 326 IAC 8-5-5
The only changes in this rule of significance in this rulemaking
are the changes made to subdivision (a)(3). These changes only affect
graphic arts sources located in Lake and Porter Counties, where the Act
requires (section 182(b)(2)) RACT for major sources (potential to emit
VOC at a rate equal to or greater than 25 tons per year within Lake and
Porter Counties as required by section 182(d) of the Act). For these
sources, subdivision (a)(3)(A) of this rule requires full compliance
with all requirements contained in rules 326 IAC 8-1-9 through 326 IAC
8-1-12, as well as with the emission control requirements of 326 IAC 8-
5-5. This revised subdivision is acceptable.
New subdivision (a)(3)(B), which covers Lake and Porter Counties'
graphic arts sources with potential VOC emissions less than 25 tons per
year but greater than or equal to 10 tons per year, exempts these
sources from the emission reduction requirements of rule 326 IAC 8-5-5,
but requires these sources to submit data to confirm the
appropriateness of source exemption and to make data available to IDEM
or EPA upon request. These requirements are acceptable.
New subdivision (a)(3)(C), which covers the remainder of graphic
arts sources in Lake and Porter Counties, those with potential VOC
emissions below 10 tons per year, requires these sources to make
records supporting source exemption available to IDEM or EPA within 30
days after receiving a data request. This rule is acceptable to the
EPA.
IV. Final Rulemaking Action
EPA is approving the revisions of rules 326 IAC 8-1-9 through 326
IAC 8-1-12 and of rule 326 IAC 8-5-5 for graphic arts sources of VOC
emissions as a revision to the Indiana State Implementation Plan as
requested by the State of Indiana and as submitted to the EPA on July
24, 1997. The approval of these rules satisfies EPA's May 4, 1995 (60
FR 22240) conditional approval of 326 IAC 8-5-5, and supersedes EPA's
earlier conditional approval.
It is noted that Indiana has indicated an intent to amend rules 326
IAC 8-1-
[[Page 35144]]
9 through 326 IAC 8-1-12 in the future to incorporate the record
keeping and reporting requirements for all new coating VOC control
rules. The approval given here is only applicable to the use of these
rules for graphic arts sources. As these rule are amended in the future
for other coating source categories, EPA will review the merits of
these rules as they apply to those specific coating source categories.
EPA is not approving these rules for generic application to all coating
source categories.
The EPA is publishing this rule without prior proposal because EPA
believes this is a noncontroversial revision and anticipates no adverse
comments. However, in a separate document in this Federal Register
publication, the EPA is proposing to approve the SIP revision should
specified written adverse or critical written comments be filed. This
rule will become effective without further notice unless EPA receives
relevant adverse written comment on the parallel proposed rule
(published in the proposed rules section of this Federal Register) by
July 29, 1998. Should the EPA receive such comments, it will publish a
rule informing the public that this rule did not take effect. Any
parties interested in commenting on this rule should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective on August 28, 1998.
Nothing in this rule 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.
V. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget has exempted this regulatory
action from Executive Order 12866 review.
B. Executive Order 13045
The final rule is not subject to Executive Order 13045, titled
``Protection of Children from Environmental Health Risks and Safety
Risks,'' because it is not an ``economically significant'' action under
Executive Order 12866.
C. Regulatory Flexibility
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions.
This final rule will not have a significant impact on a substantial
number of small entities because SIP approvals under section 110 and
subchapter I, part D of the Clean Air 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 create
any new requirements, I certify that it does not have a significant
economic impact on a substantial number of small entities. Moreover,
due to the nature of the Federal-State relationship under the Clean Air
Act, preparation of a flexibility analysis would constitute Federal
inquiry into the economic reasonableness of the State action. The Clean
Air Act forbids EPA to base its actions concerning SIPs on such
grounds. Union Electric Co. v. U.S. EPA, 427 U.S. 246, 255-66 (1976);
42 U.S.C. 7410(a)(2).
D. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1998,
signed into law on March 22, 1995, EPA 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 requirements. Accordingly, no
additional costs to state, local, or tribal governments, or the private
sector result from this action.
E. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit 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 United States prior
to publication of the rule in the Federal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
F. Petitions for Judicial Review
Under section 307(b)(1) of the Act, petitions for judicial review
of this rule must be filed in the United States Court of Appeals for
the appropriate circuit by August 28, 1998. 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 rule 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, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: June 2, 1998.
David A. Ulrich,
Acting Regional Administrator, Region V.
For reasons stated in the preamble, 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 et seq.
2. Section 52.769 is amended by removing and reserving paragraph
(b).
3. Section 52.770 is amended by adding paragraph (c)(122) to read
as follows:
Sec. 52.770 Identification of plan.
* * * * *
(c) * * *
(122) On July 24, 1997, Indiana submitted rules requiring record
keeping and reporting requirements for graphic arts sources of volatile
organic compounds and amended source applicability requirements for
graphic arts sources located in Lake and Porter Counties as a revision
to the State Implementation Plan.
(i) Incorporation by reference.
(A) 326 IAC 8-1-9 General record keeping and reporting
requirements. 326 IAC 8-1-10 Compliance certification, record keeping,
and reporting requirements for certain coating facilities using
compliant coatings. 326 IAC 8-1-11 Compliance certification, record
keeping, and reporting requirements for certain coating facilities
using daily weighted averaging. 326 IAC 8-1-12 Compliance
[[Page 35145]]
certification, record keeping, and reporting requirements for certain
coating facilities using control devices. Adopted by the Indiana Air
Pollution Control Board November 6, 1996. Filed with the Secretary of
State April 22, 1997. Published at Indiana Register, Volume 20, Number
9, June 1, 1997. Effective May 22, 1997.
(B) 326 IAC 8-5-5 Graphic arts operations. Adopted by the Indiana
Air Pollution Control Board November 6, 1996. Filed with the Secretary
of State April 22, 1997. Published at Indiana Register, Volume 20,
Number 9, June 1, 1997. Effective May 22, 1997.
[FR Doc. 98-17122 Filed 6-26-98; 8:45 am]
BILLING CODE 6560-50-P
