Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations 35141

d. Remove note 5 in First-Class Mail

Rate Schedule 223 Priority Mail

Subclass.

Dated: June 23, 1998.

Margaret P. Crenshaw,

Secretary.

[FR Doc. 98–17249 Filed 6–26–98; 8:45 am]

BILLING CODE 7710–FW–P

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.

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 groundlevel 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 cutoff 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
35142 Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations

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
Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations 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–
35144 Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations

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:

§ 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
Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations 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

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[PA–4071a; FRL–6104–4]

Approval and Promulgation of Air

Quality Implementation Plans;

Pennsylvania; Approval of VOC RACT

Determinations for Individual Sources

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving a State

Implementation Plan (SIP) revision

submitted by the Commonwealth of

Pennsylvania. This revision establishes

and requires volatile organic

compounds (VOC) reasonably available

control technology (RACT) for eight (8)

major sources located in Pennsylvania.

The intended effect of this rule is to

approve source-specific plan approvals

and operating permits that establish the

above-mentioned RACT requirements in

accordance with the Clean Air Act. This

action is being taken under section 110

of the Clean Air Act.

DATES: This final rule is effective August

28, 1998 unless the Agency receives

adverse comment by July 29, 1998.

Should the Agency receive adverse or

critical comments it will publish a

timely withdrawal in the Federal

Register informing the public that this

rule will not take effect.

ADDRESSES: Comments may be mailed to

David Campbell, Air Protection

Division, Mailcode 3AP11, U.S.

Environmental Protection Agency,

Region III, 841 Chestnut Building,

Philadelphia, Pennsylvania 19107.

Copies of the documents relevant to this

action are available for public

inspection during normal business

hours at the Air Protection Division,

U.S. Environmental Protection Agency,

Region III, 841 Chestnut Building,

Philadelphia, Pennsylvania 19107; the

Air and Radiation Docket and

Information Center, U.S. Environmental

Protection Agency, 401 M Street, SW,

Washington, DC 20460; Pennsylvania

Department of Environmental

Protection, Bureau of Air Quality

Control, P.O. Box 8468, 400 Market

Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT:

David Campbell, (215) 566–2196, at the

EPA Region III office or via e-mail at

campbell.dave@epamail.epa.gov. While

information may be requested via email, any comments must be submitted

in writing to the above Region III

address.

SUPPLEMENTARY INFORMATION: On April

16, 1996 and March 24, 1998, the

Commonwealth of Pennsylvania

submitted formal revisions to its State

Implementation Plan (SIP). Each source

subject to this rulemaking will be

identified and discussed below. Any

plan approvals and operating permits

submitted coincidentally with those

being approved in this document, and

not identified below, will be addressed

in a separate rulemaking action.

Pursuant to sections 182(b)(2) and

182(f) of the Clean Air Act (CAA),

Pennsylvania is required to implement

RACT for all major VOC and NOX

sources by no later than May 31, 1995.

The major source size is determined by

its location, the classification of that

area and whether it is located in the

ozone transport region (OTR), which is

established by the CAA. The

Pennsylvania portion of the

Philadelphia ozone nonattainment area

consists of Bucks, Chester, Delaware,

Montgomery, and Philadelphia Counties

and is classified as severe. The

remaining counties in Pennsylvania are

classified as either moderate or marginal

nonattainment areas or are designated

attainment for ozone.

However, under section 184 of the

CAA, at a minimum, moderate ozone

nonattainment area requirements

(including RACT as specified in

sections 182(b)(2) and 182(f)) apply

throughout the OTR. Therefore, RACT is

applicable statewide in Pennsylvania.

The Pennsylvania submittals that are

the subject of this document are meant

to satisfy the RACT requirements for

eight (8) sources in Pennsylvania.

Summary of SIP Revision

The details of the RACT requirements

for the source-specific plan approvals

and operating permits can be found in

the docket and accompanying technical

support document (TSD) and will not be

reiterated in this document. Briefly,

EPA is approving a revision to the

Pennsylvania SIP pertaining to the

determination of RACT for eight (8)

major sources. Several of the operating

permits contain conditions irrelevant to

the determination of VOC RACT.

Consequently, these provisions are not

being included in this approval for

source-specific VOC RACT.

RACT Determinations

The following table identifies the

individual operating permits EPA is

approving. The specific emission

limitations and other RACT

requirements for these sources are

summarized in the accompanying

technical support document, which is

available upon further request from the

EPA Region III office listed in the

ADDRESSES section of this document.

PENNSYLVANIA.—VOC AND NOX RACT DETERMINATIONS FOR INDIVIDUAL SOURCES

Source County

Plan approval (PA

#) operating

permit (OP

#) compliance permit

(CP #)

Source type ‘‘Major source’’ pollutant

The Fibre-Metal Products Company.Delaware ............................ 23–0025 Miscellaneous manufacturing

(safety products).

VOC

Finnaren & Haley, Inc ................... Montgomery ....................... 46–0070 Paint manufacturing .................... VOC

Fres-co System USA, Inc ............. Bucks .................................. 09–0027 Graphic arts ................................. VOC

Graphic Packaging Corp .............. Chester ............................... 15–0013 Graphic arts ................................. VOC