52606 Federal Register / Vol. 77, No. 169 / Thursday, August 30, 2012 / Rules and Regulations 

power and responsibilities between the 

Federal Government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000), nor 

will it have substantial direct effects on 

the States, on the relationship between 

the national government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of governments, as specified by 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This rule also is not 

subject to Executive Order 13045 (62 FR 

19885, April 23, 1997), because it is not 

economically significant. This technical 

correction action does not involve 

technical standards; thus the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. The rule also 

does not involve special consideration 

of environmental justice related issues 

as required by Executive Order 12898 

(59 FR 7629, February 16, 1994). In 

issuing this rule, EPA has taken the 

necessary steps to eliminate drafting 

errors and ambiguity, minimize 

potential litigation, and provide a clear 

legal standard for affected conduct, as 

required by section 3 of Executive Order 

12988 (61 FR 4729, February 7, 1996). 

EPA has complied with Executive Order 

12630 (53 FR 8859, March 15, 1998) by 

examining the takings implications of 

the rule in accordance with the Attorney 

General’s Supplemental Guidelines for 

the Evaluation of Risk and Avoidance of 

Unanticipated Takings issued under the 

executive order. This rule does not 

impose an information collection 

burden under the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq). 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. Section 808 allows the 

issuing agency to make a rule effective 

sooner than otherwise provided by the 

CRA if the agency makes a good cause 

finding that notice and public procedure 

is impracticable, unnecessary or 

contrary to the public interest. This 

determination must be supported by a 

brief statement. 5 U.S.C. 808(2). As 

stated previously, EPA had made such 

a good cause finding, including the 

reasons therefore, and established an 

effective date of August 13, 2012. 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 action to correct the 

document preamble, to correct the 

revision to § 52.1070(c), and to remove 

§ 52.1073(h) is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Dated: August 17, 2012. 

W.C. Early, 

Acting Regional Administrator, EPA Region 

III. 

[FR Doc. 2012–21345 Filed 8–29–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2010–1047; FRL–9720–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana; 

Volatile Organic Compounds; 

Architectural and Industrial 

Maintenance Coatings 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving into the 

Indiana State Implementation Plan (SIP) 

the addition of a new rule that sets 

limits on the amount of volatile organic 

compounds (VOC) in architectural and 

industrial maintenance (AIM) coatings 

that are sold, supplied, manufactured, 

or offered for sale in the State. 

DATES: This direct final rule will be 

effective October 29, 2012, unless EPA 

receives adverse comments by October 

1, 2012. If adverse comments are 

received, EPA will publish a timely 

withdrawal of the direct final rule in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2010–1047, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: blakley.pamela@epa.gov. 

3. Fax: (312) 692–2450. 

4. Mail: Pamela Blakley, Chief, 

Control Strategies Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: Pamela Blakley, 

Chief, Control Strategies Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the Regional Office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2010– 

1047. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays. We 

recommend that you telephone Anthony 

Maietta, Environmental Protection 


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Federal Register / Vol. 77, No. 169 / Thursday, August 30, 2012 / Rules and Regulations 52607 

Specialist, at (312) 353–8777 before 

visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Anthony Maietta, Environmental 

Protection Specialist, Control Strategies 

Section, Air Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–8777, 

maietta.anthony@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. Background 

II. Contents of Indiana’s Rule 

III. What action is EPA taking? 

IV. Statutory and Executive Order Reviews 

I. Background 

AIM coatings are generally paints, 

varnishes, and other similar materials 

that are meant for use on external 

surfaces of buildings, pavements and 

other outside structures. On December 

7, 2010, the Indiana Department of 

Environmental Management submitted 

to EPA a request to approve into the 

Indiana SIP a new rule within Title 326, 

Article 8 ‘‘Volatile Organic Compound 

Rules’’ that limits the VOC content in 

AIM coatings. The rule is located within 

the Indiana Administrative Code (IAC) 

at Title 326 IAC 8–14. Titled 

‘‘Architectural and Industrial 

Maintenance (AIM) Coatings,’’ it 

consists of seven sections that include 

the following components: 

(1) 326 IAC Article 8, Rule 14, Section 

1 ‘‘Applicability’’ 

(2) 326 IAC Article 8, Rule 14, Section 

2 ‘‘Definitions’’ 

(3) 326 IAC Article 8, Rule 14, Section 

3 ‘‘Standards for AIM coatings’’ 

(4) 326 IAC Article 8, Rule 14, Section 

4 ‘‘Container labeling’’ 

(5) 326 IAC Article 8, Rule 14, Section 

5 ‘‘Recordkeeping and reporting 

requirements’’ 

(6) 326 IAC Article 8, Rule 14, Section 

6 ‘‘Compliance provisions and test 

methods’’ 

(7) 326 IAC Article 8, Rule 14, Section 

7 ‘‘Application of traffic marking 

materials’’ 

A discussion of each section and its 

approvability is included in Section III 

of this action. 

The VOC limits for consumer 

products and AIM coatings in 326 IAC 

8–14 are based on a model rule 

developed by the Ozone Transport 

Commission (OTC) establishing VOC 

limits for adhesives, sealants and 

primers. In addition, the limits are at 

least as stringent as, and in some cases 

are more stringent than, EPA’s national 

AIM rule, ‘‘National Volatile Organic 

Compound Emission Standards for 

Architectural Coatings,’’ 40 CFR part 59, 

subpart D. As a result, the new rule at 

326 IAC 8–14 is approvable into the 

Indiana SIP. It should be noted that 

Indiana is not an OTC member state. By 

adopting a rule that mirrors the OTC 

model rule, however, Indiana is 

strengthening its SIP through 

enforceable VOC limits for AIM coatings 

with corresponding recordkeeping and 

reporting requirements. 

II. Contents of Indiana’s Rule 

The following is a summary of each 

section of 326 IAC–8–14 ‘‘Architectural 

and Industrial Maintenance (AIM) 

Coatings,’’ as submitted on December 7, 

2010, and a discussion of why each 

section is approvable into the State’s 

SIP. 

326 IAC 8–14–1 ‘‘Applicability’’ 

This section makes 326 IAC 8–14 

applicable to any person who sells, 

supplies, offers for sale, or manufactures 

AIM coatings within the State of 

Indiana. This section makes clear that 

AIM coatings that are sold or 

manufactured for use outside the State, 

shipped to other manufacturers for 

reformulation or repackaging, or sold in 

a container with a volume of one liter 

or less are exempt. Further, any aerosol 

coating product is exempt from this 

rule. The applicability for the rule as 

outlined in this section is consistent 

with model OTC language, and therefore 

is approvable for inclusion in Indiana’s 

SIP. 

326 IAC 8–14–2 ‘‘Definitions’’ 

This section provides definitions of 

products, terms, acronyms, and other 

language that is unique and/or specific 

to this rule. This section is consistent 

with the OTC model rule, and therefore 

is approvable for inclusion in Indiana’s 

SIP. 

326 IAC 8–14–3 ‘‘Standards for AIM 

Coatings’’ 

This section codifies VOC limits for 

each category of AIM coatings affected 

by 326 IAC 8–14. This section also 

includes additional requirements for 

certain product categories, including: 

—A requirement that containers used to 

apply or thin AIM coatings subject to 

the limits of 326 IAC 8–14 must be 

closed when not in use. 

—Sell-through provisions for affected 

products that were already 

manufactured by October 1, 2011. 

—A provision stating that if an AIM 

coating is subject to two or more 

limits in this section, the most 

restrictive limit applies to the coating. 

Certain product categories are 

exempted, consistent with OTC and 

EPA rules for AIM coatings. 

—A provision that restricts thinning of 

AIM coatings that exceeds the VOC 

limits set forth in this section. 

—A provision that prohibits the 

application on or solicitation of any 

rust preventative coatings for 

industrial use unless the coating 

complies with the industrial 

maintenance coating VOC limit 

specified in this subsection. 

—A provision for determining the VOC 

content limit of an AIM coating that 

does not meet any of the definitions 

for specialty coatings as specified in 

this section. 

This section is consistent with the 

OTC model rule, and therefore is 

approvable for inclusion in Indiana’s 

SIP. 

326 IAC 8–14–4 ‘‘Container Labeling’’ 

This section sets standards for 

product labeling for AIM coatings 

subject to 326 IAC 8–14. Under this 

section, container labels must 

prominently display, among other 

things: 

—The date of manufacture of the AIM 

coating subject to this rule. 

—Clear recommendations for thinning 

the AIM coating, if necessary, to meet 

the VOC limits set forth in this rule. 

—A display of the VOC content of the 

AIM coating. 

This section is consistent with the 

OTC model rule, and is approvable for 

inclusion in Indiana’s SIP. 

326 IAC 8–14–5 ‘‘Recordkeeping and 

Reporting Requirements’’ 

This section outlines the 

recordkeeping and reporting 

requirements that manufacturers of 

products regulated under this rule must 

meet. Manufacturers of products subject 

to a VOC content limit within 326 IAC 

8–14–3 must keep and make available to 

Indiana or EPA information about their 

product, including: 

—The name of the product. 

—An identifying number for the 

product, if applicable. 

—VOC content of the product as 

determined by 326 IAC 8–14–6. 

—The name or names and chemical 

abstract service (CAS) number of the 

VOC constituents in the product. 

—Dates of the VOC content 

determinations for the product. 

—The coating category and applicable 

VOC content limit of the product. 

These records shall be kept by the 

manufacturer for no less than five years 

and be made available to Indiana for 

inspection within 90 days of request. 


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Manufacturers of products subject to 

VOC content limits within 326 IAC 8– 

14–3 must also make available to the 

State within 90 days of a request the 

following distribution and sales 

information: 

—The manufacturer name and mailing 

address. 

—The name, address, and telephone 

number of a contact person for the 

manufacturer. 

—The name of the product as it appears 

on the label and the coating category 

under which it is regulated. 

—Whether the coating is marketed for 

interior or exterior use, or both. 

—The number of gallons of product sold 

in Indiana in containers greater than 

one liter. 

—The actual VOC content and VOC 

content in grams per liter. If thinning 

is recommended, manufacturers must 

list the actual VOC content and the 

VOC content limit after recommended 

thinning. 

—The names and CAS number of the 

VOC constituents in the product. 

This section also lays out 

recordkeeping and reporting 

requirements for AIM coatings that 

contain perchloroethylene or methylene 

chloride. These requirements state that 

a manufacturer must provide to the 

State certain information about the 

product sold in Indiana, but within a 

shorter response time frame (30 days) 

than other paragraphs in this section. 

Manufacturers of recycled coatings 

must provide the State with certification 

of their status as a recycled paint 

manufacturer, as well as total sales 

during the past year to the nearest 

gallon and the method used for 

determining those sales. 

Finally, this section lays out 

recordkeeping and reporting 

requirements for manufacturers of 

bituminous roof coatings or bituminous 

roof primers. Manufacturers of these 

coatings must, within 30 days of a State 

request, provide the past year’s sales in 

gallons, as well as the method used to 

determine those sales. 

The recordkeeping and reporting 

requirements in this section are 

consistent with the OTC model rule for 

these coatings. Therefore this section is 

approvable into Indiana’s SIP. 

326 IAC 8–14–6 ‘‘Compliance Provisions 

and Test Methods’’ 

This section outlines methods that 

must be used to determine compliance 

with the VOC content limits within 326 

IAC 8–14–3. Two formulas for 

determining VOC content of an AIM 

coating are listed: one of these formulas 

for most coatings, and a second formula 

for low-solids coatings. 

In addition to these formulas, this 

section codifies EPA and other 

acceptable methods available to 

determine the physical properties of a 

coating in order to perform the VOC 

content limit calculation discussed 

above. 

This section also allows the use of 

alternative compliance calculations, so 

long as those calculations are reviewed 

and approved in writing by the State 

and EPA. Finally, this section makes 

clear that manufacturers of methacrylate 

multicomponent coatings used for 

traffic markings must use a modification 

of EPA Reference Method 24 at 40 CFR 

part 60, appendix A. This section is 

consistent with the OTC model rule for 

AIM coatings and is therefore 

approvable into Indiana’s SIP. 

326 IAC 8–14–7 ‘‘Application of Traffic 

Marking Materials’’ 

This section limits the application of 

traffic marking materials during 

Indiana’s ozone season (defined in the 

rule as May 1 through September 30) to 

only coatings that meet the VOC limits 

set forth in 326 IAC 8–14–3. Further, 

this section limits field-reacted (nonliquid) traffic marking materials, or 

traffic marking materials that cannot be 

measured as a liquid at the time of 

application to 3.6 kilograms per stripekilometer, or 12.2 pounds per stripemile. This section is consistent with the 

OTC model rule for these coatings and 

therefore is approvable into Indiana’s 

SIP. 

III. What action is EPA taking? 

EPA is approving into the Indiana SIP 

Title 326 IAC 8–14 as adopted by the 

State of Indiana and as submitted to 

EPA on December 7, 2010. We are 

publishing this action without prior 

proposal because we view this as a 

noncontroversial amendment and 

anticipate no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, we 

are publishing a separate document that 

will serve as the proposal to approve the 

state plan if relevant adverse written 

comments are filed. This rule will be 

effective October 29, 2012 without 

further notice unless we receive relevant 

adverse written comments by October 1, 

2012. If we receive such comments, we 

will withdraw this action before the 

effective date by publishing a 

subsequent document that will 

withdraw the final action. All public 

comments received will then be 

addressed in a subsequent final rule 

based on the proposed action. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

Please note that if EPA receives adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. If we do not receive any 

comments, this action will be effective 

October 29, 2012. 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Clean Air Act 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 Clean Air Act. 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 Order 12866 (58 FR 51735, 

October 4, 1993); 

• 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 an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• 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 Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 


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Federal Register / Vol. 77, No. 169 / Thursday, August 30, 2012 / Rules and Regulations 52609 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

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 action 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. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

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 October 29, 2012. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. This action 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: August 14, 2012. 

Susan Hedman, 

Regional Administrator, Region 5. 

40 CFR part 52 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. In § 52.770 the table in paragraph 

(c) is amended by adding a new entry 

in ‘‘Article 8. Volatile Organic 

Compound Rules’’ for ‘‘Rule 14. 

Architectural and Industrial 

Maintenance (AIM) Coatings’’ in 

numerical order to read as follows: 

§ 52.770 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED INDIANA REGULATIONS

Indiana 

citation Subject Indiana effective date EPA approval date Notes 

*******

Article 8. Volatile Organic Compound Rules 

*******

Rule 14. Architectural and Industrial Maintenance (AIM) Coatings 

8–14–1 ..... Applicability ................................................ 12/1/2010 8/30/2012, [Insert page number where the 

document begins]. 

8–14–2 ..... Definitions .................................................. 12/1/2010 8/30/2012, [Insert page number where the 

document begins]. 

8–14–3 ..... Standards for AIM coatings ....................... 12/1/2010 8/30/2012, [Insert page number where the 

document begins]. 

8–14–4 ..... Container labeling ...................................... 12/1/2010 8/30/2012, [Insert page number where the 

document begins]. 

8–14–5 ..... Recordkeeping and reporting requirements.12/1/2010 8/30/2012, [Insert page number where the 

document begins]. 

8–14–6 ..... Compliance provisions and test methods 12/1/2010 8/30/2012, [Insert page number where the 

document begins]. 

8–14–7 ..... Application of traffic marking materials ..... 12/1/2010 8/30/2012, [Insert page number where the 

document begins]. 

* * * * * * * 

* * * * * 

[FR Doc. 2012–21235 Filed 8–29–12; 8:45 am] 

BILLING CODE 6560–50–P 


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