Federal Register / Vol. 88, No. 241 / Monday, December 18, 2023 / Rules and Regulations 87359 

1 62 FR 27968 (May 22, 1997). 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2021–0477; FRL–9848–02– 

R5] 

Air Plan Approval; Indiana; Volatile 

Organic Compounds; Cold Cleaner 

Degreasing 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving revisions to 

the volatile organic compound (VOC) 

rules contained in the Indiana State 

Implementation Plan (SIP). The Indiana 

Department of Environmental 

Management (Indiana) modified its 

rules to allow the use of a VOC control 

device for cold cleaning degreasing 

operations as a compliance option to 

using low vapor pressure solvent for 

cleaning or degreasing machine parts. 

Rule language was also updated for 

clarity and consistency. EPA proposed 

to approve this action on August 30, 

2023, and received no adverse 

comments. 

DATES: This final rule is effective on 

January 17, 2024. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2021–0477. All 

documents in the docket are listed on 

the www.regulations.gov website. 

Although listed in the index, some 

information is not publicly available, 

i.e., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either through 

www.regulations.gov or 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 and 

facility closures due to COVID–19. We 

recommend that you telephone Matt 

Rau, at (312) 886–6524 before visiting 

the Region 5 office. 

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. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

I. Background Information 

On August 30, 2023 (88 FR 59834), 

EPA proposed to approve into the 

Indiana SIP revisions to 326 Indiana 

Administrative Code (IAC) Article 8 

Volatile Organic Compound Rules 

sections 326 IAC 8–3–1 ‘‘Applicability 

and exemptions’’, effective January 4, 

2023, and 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’’, effective June 9, 2021. An 

explanation of the Clean Air Act (CAA) 

requirements, a detailed analysis of the 

revisions, and EPA’s reasons for 

proposing approval were provided in 

the notice of proposed rulemaking (88 

FR 59834) and will not be restated here. 

The public comment period for this 

proposed rule ended on September 29, 

2023. 

During the comment period, EPA 

received two comments that expressed 

support for the proposed VOC rule 

revisions. Therefore, EPA is finalizing 

our action as proposed. 

II. Final Action 

EPA is approving 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. 

III. Incorporation by Reference 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of the Indiana Regulations 

described in section I of this preamble 

and set forth in the amendments to 40 

CFR part 52 below. 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). 

Therefore, these materials have been 

approved by EPA for inclusion in the 

SIP, have been incorporated by 

reference by EPA into that plan, are 

fully federally enforceable under 

sections 110 and 113 of the CAA as of 

the effective date of the final rulemaking 

of EPA’s approval, and will be 

incorporated by reference in the next 

update to the SIP compilation.1

IV. 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), 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). 


khammond on DSKJM1Z7X2PROD with RULES
87360 Federal Register / Vol. 88, No. 241 / Monday, December 18, 2023 / Rules and Regulations 

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, 

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. 

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. 

This action is subject to the 

Congressional Review Act, and EPA will 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. This action 

is not a ‘‘major rule’’ as defined by 5 

U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by February 16, 2024. 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. 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: December 11, 2023. 

Debra Shore, 

Regional Administrator, Region 5. 

For the reasons stated in the 

preamble, title 40 CFR part 52 is 

amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 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 revising the entries 

for ‘‘8–3–1’’, ‘‘8–3–2’’, ‘‘8–3–3’’, ‘‘8–3– 

4’’, and ‘‘8–3–8’’ under ‘‘Article 8. 

Volatile Organic Compound Rules’’, 

‘‘Rule 3. Organic Solvent Degreasing 

Operations’’ 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 3. Organic Solvent Degreasing Operations 

*******

8–3–1 ....................... Applicability and Exemptions ....................................... 1/4/2023 12/18/2023, [INSERT FEDERAL REGISTER CITATION].

8–3–2 ....................... Cold cleaner degreaser control equipment and operating requirements.6/9/2021 12/18/2023, [INSERT FEDERAL REGISTER CITATION].

8–3–3 ....................... Open top vapor degreaser operation .......................... 6/9/2021 12/18/2023, [INSERT FEDERAL REGISTER CITATION].

8–3–4 ....................... Conveyorized degreaser control equipment and operating requirements.6/9/2012 12/18/2023, [INSERT FEDERAL REGISTER CITATION].

* * * * * * * 

8–3–8 ....................... Material requirements for cold cleaner degreasers ..... 6/9/2021 12/18/2023, [INSERT FEDERAL REGISTER CITATION].

* * * * * * * 

* * * * * 

[FR Doc. 2023–27552 Filed 12–15–23; 8:45 am] 

BILLING CODE 6560–50–P 


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