59834 Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Proposed Rules 

1EPA 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. 

employees is not an employee of the 

employer, they may accompany the 

Compliance Safety and Health Officer 

during the inspection if, in the judgment 

of the Compliance Safety and Health 

Officer, good cause has been shown why 

their participation is reasonably 

necessary to the conduct of an effective 

and thorough physical inspection of the 

workplace (e.g., because of their 

relevant knowledge, skills, or 

experience with hazards or conditions 

in the workplace or similar workplaces, 

or language skills). 

* * * * * 

[FR Doc. 2023–18695 Filed 8–29–23; 8:45 am] 

BILLING CODE 4510–26–P 

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. 

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 

blakley.pamela@epa.gov. 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, rau.matthew@epa.gov. 

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

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 handcleaning 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. 


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Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Proposed Rules 59835 

2The version of 326 IAC 8–3–1 effective on 

January 4, 2023. 

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. 

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: 

• 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); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• 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.); 

• 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); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not subject to Executive Order 

13045 (62 FR 19885, April 23, 1997) 

because it approves a state program; 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); and 

• 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, 


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59836 Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Proposed Rules 

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 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 23–286; RM–11960; DA 23– 

749; FR ID 166837] 

Television Broadcasting Services 

Winnemucca, Nevada 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The Commission has before it 

a petition for rulemaking filed by Gray 

Television Licensee, LLC (Petitioner), 

the permittee of unbuilt station 

KWNV(DT), channel 7, Winnemucca, 

Nevada. The Petitioner requests the 

substitution of channel 16 for channel 7 

at Winnemucca in the Table of 

Allotments. 

DATES: Comments must be filed on or 

before September 29, 2023 and reply 

comments on or before October 16, 

2023. 

ADDRESSES: Federal Communications 

Commission, Office of the Secretary, 45 

L Street NE, Washington, DC 20554. In 

addition to filing comments with the 

FCC, interested parties should serve 

counsel for the Petitioner as follows: 

Joan Stewart, Esq., Wiley Rein LLP, 

2050 M Street NW, Washington, DC 

20036. 

FOR FURTHER INFORMATION CONTACT: 

Joyce Bernstein, Media Bureau, at (202) 

418–1647; or Joyce Bernstein, Media 

Bureau, at Joyce.Bernstein@fcc.gov. 

SUPPLEMENTARY INFORMATION: In 

support, the Petitioner states its 

proposed channel substitution would 

serve the public interest by allowing 

Gray to build out this new station to 

avoid well-documented issues with 

indoor digital VHF reception since the 

2009 digital transition. Petitioner states 

that the Commission has recognized the 

deleterious effects manmade noise has 

on the reception of VHF signals, finding 

that the propagation characteristics of 

these channels allow undesired signals 

and noise to be receivable at relatively 

farther distances, nearby electrical 

devices tend to emit noise in this band 

that can cause interference, and 

reception of VHF signals require 

physically larger antennas, relative to 

UHF channels. Additionally, the 

Commission has observed the large 

variability in the performance 

(especially intrinsic gain) of indoor 

antennas available to consumers, with 

most antennas receiving fairly well at 

UHF and the substantial majority not so 

well to very poor at high-VHF. 

This is a synopsis of the 

Commission’s Notice of Proposed 

Rulemaking, MB Docket No. 23–286; 

RM–11960; DA 23–749, adopted August 

23, 2023, and released August 23, 2023. 

The full text of this document is 

available for download at https://

www.fcc.gov/edocs. To request materials 

in accessible formats (braille, large 

print, computer diskettes, or audio 

recordings), please send an email to 

FCC504@fcc.gov or call the Consumer & 

Government Affairs Bureau at (202) 

418–0530 (VOICE), (202) 418–0432 

(TTY). 

This document does not contain 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995, Public Law 104–13. In addition, 

therefore, it does not contain any 

proposed information collection burden 

‘‘for small business concerns with fewer 

than 25 employees,’’ pursuant to the 

Small Business Paperwork Relief Act of 

2002, Public Law 107–198, see 44 U.S.C. 

3506(c)(4). Provisions of the Regulatory 

Flexibility Act of 1980, 5 U.S.C. 601– 

612, do not apply to this proceeding. 

Members of the public should note 

that all ex parte contacts are prohibited 

from the time a Notice of Proposed 

Rulemaking is issued to the time the 

matter is no longer subject to 

Commission consideration or court 

review, see 47 CFR 1.1208. There are, 

however, exceptions to this prohibition, 

which can be found in Section 1.1204(a) 

of the Commission’s rules, 47 CFR 

1.1204(a). 

See Sections 1.415 and 1.420 of the 

Commission’s rules for information 

regarding the proper filing procedures 

for comments, 47 CFR 1.415 and 1.420. 

List of Subjects in 47 CFR Part 73 

Television. 

Federal Communications Commission. 

Thomas Horan, 

Chief of Staff, Media Bureau. 

Proposed Rule 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

part 73 as follows: 

PART 73—RADIO BROADCAST 

SERVICE 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 155, 301, 303, 

307, 309, 310, 334, 336, 339. 

■ 2. In § 73.622, in the table in 

paragraph (j), under Nevada, revise the 

entry for Winnemucca to read as 

follows: 

§ 73.622 Digital television table of 

allotments. 

* * * * * 

(j) * * * 

Community Channel 

No. 

* * * * * 

Nevada 

* * * * * 

Winnemucca ............................. 16 

* * * * * 

[FR Doc. 2023–18659 Filed 8–29–23; 8:45 am] 

BILLING CODE 6712–01–P 


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