[Federal Register Volume 88, Number 167 (Wednesday, August 30, 2023)]
[Proposed Rules]
[Pages 59834-59836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18705]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2021-0477; FRL-9848-01-R5]


Air Plan Approval; Indiana; Volatile Organic Compounds; Cold 
Cleaner Degreasing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the volatile organic compound (VOC) rules 
contained in the Indiana State Implementation Plan (SIP). Indiana 
modified its rules to provide an additional option for compliance with 
the volatile organic compound (VOC) vapor pressure limit for solvents 
used in cold cleaning degreasing operations. In addition, rule language 
was updated for clarity and consistency.

DATES: Comments must be received on or before September 29, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2021-0477 at https://www.regulations.gov, or via email to 
<a href="/cdn-cgi/l/email-protection#e1838d808a8d8498cf91808c848d80a1849180cf868e97"><span class="__cf_email__" data-cfemail="0b69676a60676e72257b6a666e676a4b6e7b6a256c647d">[email protected]</span></a>. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer, 
Control Strategies Section, Air Programs Branch (AR-18J), Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, (312) 886-6524, <a href="/cdn-cgi/l/email-protection#e3918296cd8e8297978b8694a3869382cd848c95"><span class="__cf_email__" data-cfemail="c8baa9bde6a5a9bcbca0adbf88adb8a9e6afa7be">[email protected]</span></a>. The EPA Region 5 
office is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, 
excluding Federal holidays and facility closures due to COVID-19.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

I. Background

    On July 14, 2021, Indiana submitted a request to revise the VOC 
rules in its SIP. The revisions are to the 326 Indiana Administrative 
Code (IAC) Article 8 Volatile Organic Compound rules. Indiana submitted 
revisions to the following: 326 IAC 8-3-1, ``Applicability and 
exemptions''; 326 IAC 8-3-2, ``Cold cleaner degreaser control equipment 
and operating requirements''; 326 IAC 8-3-3, ``Open top vapor degreaser 
operation''; 326 IAC 8-3-4, ``Conveyorized degreaser control equipment 
and operating requirements''; and 326 IAC 8-3-8, ``Material 
requirements for cold cleaner degreasers''.
    Indiana's July 14, 2021, submission, included a previous version of 
326 IAC 8-3-1, effective on June 9, 2021. EPA found concerns with that 
version of 326 IAC 8-3-1(a)(1) as it added qualifying language so that 
the rules would only apply to sources ``with the potential to emit VOC 
emissions of greater than or equal to fifteen (15) pounds per day.'' 
This would constitute a relaxation of the Clean Air Act (CAA) 
requirement for VOC reasonably available control technology.\1\
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    \1\ EPA has made it clear that general exemptions for small cold 
cleaner degreasing operations are not allowed. See Memorandum from 
Richard Rhoads, EPA OAQPS, to Director, Air and Hazardous Materials 
Division, Regions I to X, Clarification of Degreasing Regulation 
Requirements, September 7, 1978. See 2-24, Solvent Metal Cleaning, 
in the ``Issues Relating to VOC Regulation Cut Points, Deficiencies, 
And Deviations'' guidance, as revised on January 11, 1990.
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    On January 23, 2023, Indiana submitted a revised version of 326 IAC 
8-3-1, effective January 4, 2023, which removed the exemption language 
from 326 IAC 8-3-1(a)(1).
    Indiana's current SIP VOC rules require sources operating cold 
cleaning degreasers to, among other things, use low vapor pressure 
solvent, not to exceed 1 millimeter of mercury (mm Hg) at 20 degrees 
Celsius, for cleaning or degreasing machine parts. These low vapor 
pressure solvents do not work well for some industries. These rules 
also allow sources to operate control systems that demonstrate 
equivalent or better emissions control with approval from both Indiana 
and EPA.
    Indiana revised the control requirements for sources that use a 
solvent with a vapor pressure exceeding 1 mm Hg in 326 IAC 8-3-3, 326 
IAC 8-3-4, and 326 IAC 8-3-8. The revised rules require VOC emission 
control with a capture efficiency of at least 90 percent. The control 
device must also either have at least a 90 percent destruction 
efficiency or have a VOC emission outlet concentration of less than 50 
parts per million by volume. Indiana's rules also require compliance 
procedures. The changes replace the previously approved provision 
allowing an alternate VOC emission control system with approval of both 
Indiana and EPA in 326 IAC 8-3-3 and 326 IAC 8-3-4. This VOC control 
system requirement is an additional option in 326 IAC 8-3-8.
    Indiana noted that, for some companies, the use of low vapor 
pressure solvents under 1 mm Hg results in poor performance and solvent 
contamination. Such sources cannot recycle the solvent because of the 
potential contamination. Such sources will thus often hand-clean 
machine parts, which results in all the solvent evaporating and thus 
being emitted into the air. Indiana further noted that hand-cleaning 
also produces a large amount of material that usually must be managed 
as hazardous waste, as the rags are contaminated with solvent and ink. 
Instead, the revised rules set parameters for control systems that 
specify standard VOC capture and control requirements for all users, 
which are expected to reduce the amount of solvent used and the amount 
of hazardous waste generated.

[[Page 59835]]

II. What is EPA's analysis of the VOC rule revisions?

    EPA considered the revisions in the latest version of 326 IAC 8-3-1 
along with previously submitted revisions to 326 IAC 8-3-2, 326 IAC 8-
3-3, 326 IAC 8-3-4, and 326 IAC 8-3-8 for approval into the Indiana 
SIP.
    EPA finds it reasonable to replace the provision that allows 
sources to submit a source-specific alternate for SIP approval with the 
VOC control requirements added to 326 IAC 8-3-3, 326 IAC 8-3-4, and 326 
IAC 8-3-8. The result is that cold cleaner degreasing operations 
electing to use solvents with a vapor pressure exceeding 1 mm Hg will 
all have the same VOC control requirement. EPA finds that Indiana's 
revisions to 326 IAC 8-3-2, 326 IAC 8-3-3, 326 IAC 8-3-4, and 326 IAC 
8-3-8 are consistent with EPA guidance. Therefore, EPA is proposing to 
approve these VOC rule revisions.
    Indiana revised several portions of 326 IAC 8-3-2, which provides 
the general requirements for its ``Cold cleaner degreaser control 
equipment and operating requirements.'' Indiana revised 326 IAC 8-3-
2(b)(1)(E) to allow a control system that is approved by Indiana and 
EPA to use the VOC emission control equipment required by 326 IAC 8-3-
8(b)(3). Indiana also added the requirement that solvent spray must be 
performed in an enclosed chamber to 326 IAC 8-3-2(b)(3). The addition 
of an enclosed chamber is expected to capture more VOC emissions that 
can be exhausted to the control device.
    Indiana made administrative changes to 326 IAC 8-3-1 \2\ after 
removing the qualifying language that caused a concern. Further, 
Indiana made administrative revisions to 326 IAC 8-3-2, such as 
changing ``ensure'' to ``comply with,'' ``could'' to ``would,'' and 
renumbering subsections. Indiana made additional administrative 
revisions to the following, to make them consistent with its revised 
control requirements: 326 IAC 8-3-3, ``Open top vapor degreaser 
operation'', 326 IAC 8-3-4, ``Conveyorized degreaser control equipment 
and operating requirements'', and 326 IAC 8-3-8, ``Material 
requirements for cold cleaner degreasers.'' These administrative 
revisions do not change the intent or stringency of the rule.
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    \2\ The version of 326 IAC 8-3-1 effective on January 4, 2023.
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    EPA evaluated the revisions under CAA 110(l) to determine whether 
the revisions would be expected to interfere with attainment and 
reasonable further progress of air quality standards. Indiana added 
control requirements for cold cleaning degreasing operations that use a 
solvent with a vapor pressure exceeding 1 mm Hg. As Indiana noted, many 
such sources would have additional VOC emissions from solvent 
contamination and hand cleaning of parts if required to instead use a 
solvent with a vapor pressure not exceeding 1 mm Hg. Indiana also 
removed the 15 pounds VOC per day exemption. Thus, under the revised 
rules all sources are now required to limit VOC emissions and a control 
device is now also required for certain sources. EPA expects the same 
or better VOC control from cold cleaning degreasing operations under 
the revised rules. The emission limits of criteria pollutants remain 
unchanged. EPA does not find any reason to expect interference with 
attainment of any air quality standard.

III. What action is EPA taking?

    EPA is proposing to approve Indiana's VOC control rule sections 326 
IAC 8-3-1, 326 IAC 8-3-2, 326 IAC 8-3-3, 326 IAC 8-3-4, and 326 IAC 8-
3-8 as revisions to the Indiana SIP.

IV. Incorporation by Reference

    In this rule, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference Title 326 of the Indiana Administrative Code Article 8, Rule 
3, Section 1 Applicability and exemptions, effective January 4, 2023; 
Section 2 Cold cleaner degreaser control equipment and operating 
requirements, effective June 9, 2021; Section 3 Open top vapor 
degreaser operation, effective June 9, 2021; Section 4 Conveyorized 
degreaser control equipment and operating requirements, effective June 
9, 2021; and Section 8 Material requirements for cold cleaner 
degreasers, effective June 9, 2021, discussed in section II. of this 
preamble. EPA has made, and will continue to make, these documents 
generally available through www.regulations.gov and at the EPA Region 5 
Office (please contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section of this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
    <bullet> Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993), 13563 (76 FR 3821, January 21, 2011), and 
14094 (88 FR 21879, April 11, 2023);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
    <bullet> Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
    <bullet> Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a state program;
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
    <bullet> Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA.
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    Executive Order 12898 (Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color,

[[Page 59836]]

national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' EPA further defines the term fair treatment to mean that 
``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    Indiana did not evaluate EJ considerations as part of its SIP 
submittal; the CAA and applicable implementing regulations neither 
prohibit nor require such an evaluation. EPA did not perform an EJ 
analysis and did not consider EJ in this action. Due to the nature of 
the action being taken here, this action is expected to have a neutral 
to positive impact on the air quality of the affected area. 
Consideration of EJ is not required as part of this action, and there 
is no information in the record inconsistent with the stated goal of 
E.O. 12898 of achieving environmental justice for people of color, low-
income populations, and Indigenous peoples.

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: August 24, 2023.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2023-18705 Filed 8-29-23; 8:45 am]
BILLING CODE 6560-50-P


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