[Federal Register Volume 60, Number 86 (Thursday, May 4, 1995)]
[Rules and Regulations]
[Pages 22240-22241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10974]




[[Page 22239]]

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Part V





Environmental Protection Agency





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40 CFR Part 52



Approval and Promulgation of Implementation Plans; Indiana; Final Rules

Federal Register / Vol. 60, No. 86 / Thursday, May 4, 1995 / Rules 
and Regulations 
[[Page 22240]] 

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IN42-2-6876; FRL-5184-1]


Approval and Promulgation of Implementation Plans; Indiana

AGENCY: Environmental Protection Agency (USEPA).

ACTION: Final rule.

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SUMMARY: On January 10, 1995, the USEPA proposed to conditionally 
approve a State Implementation Plan (SIP) revision request submitted by 
the State of Indiana, governing the control of Volatile Organic 
Compound (VOC) emissions from graphic arts facilities with the 
potential to emit 25 tons per year or more of VOC, as part of the 
Reasonably Available Control Technology (RACT) Catch-Up requirements 
for the Indiana severe ozone nonattainment area (Lake and Porter 
Counties). Public comments were solicited on the proposed SIP revision, 
and on USEPA's proposed rulemaking action. The public comment period 
ended on February 10, 1995, and no public comments were received. This 
rulemaking action conditionally approves, in final, this SIP revision 
request for Indiana.

EFFECTIVE DATE: This final rulemaking becomes effective on June 5, 
1995.

ADDRESSES: Copies of the State's submittal, and other materials 
relating to this rulemaking are available at the following address for 
review: United States Environmental Protection Agency, Region 5, Air 
and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 
60604.
    The docket may be inspected between the hours of 8:30 a.m. and 12 
noon and from 1:30 p.m. until 3:30 p.m. Monday through Friday. A 
reasonable fee may be charged by the USEPA for copying docket material.
    A copy of this SIP revision is available for inspection at: Office 
of Air and Radiation (OAR), Docket and Information Center (Air Docket 
6102), room 1500, U.S. Environmental Protection Agency, 401 M Street, 
SW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Mark J. Palermo, Regulation 
Development Branch, Regulation Development Section (AR-18J), U.S. 
Environmental Protection Agency, Region 5, Chicago, Illinois 60604, 
(312) 886-6082.
    Anyone wishing to visit the Region 5 offices should first contact 
Mark J. Palermo.

SUPPLEMENTARY INFORMATION:

Background

    The State of Indiana submitted a revision request for its ozone SIP 
on February 25, 1994, amending the graphic arts rule. The amendments 
for graphic arts (326 IAC 8-5-5) function to reduce the source size 
applicability cut-off for graphic arts facilities 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 the Clean Air Act 
(the Act), as amended in 1990. The USEPA's preliminary analysis of this 
submittal found that although the revision was generally acceptable, 
the recordkeeping and reporting requirements, contained in 326 IAC 8-1-
2, do not provide for adequate enforcement of the graphic arts rule. 
USEPA has provided the Indiana Department of Environmental Management 
with a copy of the June 1992 Model VOC Rules, on which USEPA based its 
analysis. Indiana submitted to USEPA a letter dated December 14, 1994, 
committing to the necessary rule revision. In accordance with an 
attached schedule, Indiana expects a final rule to be adopted and 
submitted to USEPA by January 31, 1996.

Final Rulemaking Action
    The USEPA conditionally approves the Indiana requested ozone SIP 
revision, rule 326 IAC 8-5-5, governing the control of VOC emissions 
from graphic arts facilities located in the Indiana severe ozone 
nonattainment area (Lake and Porter Counties) which have the potential 
to emit 25 tons per year or more of VOC, submitted on February 25, 
1994. The conditional approval is based on the State's commitment, 
submitted in a letter on December 14, 1994, to correct deficiencies to 
Indiana's recordkeeping and reporting requirements, contained in 326 
IAC 8-1-2, by January 31, 1996.
    In order to correct the necessary deficiencies, the State must meet 
three requirements. The first requirement is for the monitoring, 
recordkeeping and reporting (MRR) requirements in the Indiana rules to 
be made more comprehensive to include more than: (1) Daily volume-
weighted averages of all coatings applied in a coating or printing 
line; and (2) records of daily usage of gallons of solids coating and 
VOC content for each coating or ink solvent. Alternatively, when a 
source complies by using control devices, then records of monitoring 
parameters and other information must also be kept. The MRR 
requirements should also specify a period of time (i.e., 5 years) 
during which records shall be maintained at the facility (See June 1992 
Model VOC Rules).
    The second requirement is for the Indiana rules to be revised to 
require maintenance of records and reports of new or existing control 
devices. Records and reports that should be maintained include 
monitoring data, calibration and maintenance logs, and logs of 
operating time (See Model VOC Rules).
    The third requirement is for the Indiana rules to be revised to 
require the maintenance of records and reports for exempt sources such 
as: Information pertaining to the initial certification, calculations 
demonstrating that total potential emissions of VOC from all 
flexographic and rotogravure printing presses at the facility will be 
less than the required limits for each year, the maintenance of record 
for a period of 5 years, and the requirement that any exceedances will 
be reported to the Administrator within 30 days after the exceedance 
occurs. Exempt sources should calculate: (1) Yearly potential 
emissions, (2) yearly actual emissions, and (3) the name, 
identification, VOC content, and yearly volume of coatings/inks (see 
Model VOC Rules). If the State ultimately fails to meet its commitment 
to meet these requirements within one year of final conditional 
approval, then USEPA's action for the State's requested SIP revision 
will automatically convert to a final disapproval.
    This action has been classified as a Table 3 action by the Regional 
Administrator under the procedures published in the Federal Register on 
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993, 
memorandum from Michael H. Shapiro, Acting Assistant Administrator for 
Air and Radiation. The Office of Management and Budget (OMB) has 
exempted this regulatory action from Executive Order 12866 review.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any SIP. Each request for revision to any SIP shall be 
considered separately in light of specific technical, economic, and 
environmental factors and in relation to relevant statutory and 
regulatory requirements.
    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 July 3, 1995. 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 
[[Page 22241]] 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) of the Act.)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Incorporation by reference, Volatile organic compounds.

    Dated: March 22, 1995.
David A. Ullrich,
Acting Regional Administrator.

    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 reads as 
follows:

    Authority: 42 U.S.C. 7401-7671q.

Subpart P--Indiana

    2. Section 52.769 is amended by revising the introductory text and 
adding paragraph (b) to read as follows:


Sec. 52.769  Identification of plan--conditional approval.

    The plan revision commitment listed in paragraphs (a) and (b) of 
this section were submitted on the dates specified.
* * * * *
    (b) On February 25, 1994, Indiana submitted an amendment to Title 
326 of the Indiana Administrative Code (326 IAC) 8-5-5 to add Volatile 
Organic Compound (VOC) Reasonably Available Control Technology (RACT) 
requirements for graphic arts facilities in the Indiana severe ozone 
nonattainment area (Lake and Porter Counties) which have the potential 
to emit 25 tons per year or more of VOC. The United States 
Environmental Protection Agency (USEPA) is conditionally approving the 
State's graphic arts facilities VOC RACT rule, contingent on 
fulfillment of the State's commitment to adopt and submit a State 
Implementation Plan (SIP) revision that would correct deficiencies in 
the State's recordkeeping and reporting requirements, contained in 326 
IAC 8-1-2, by May 6, 1996. In order to correct the deficiencies, the 
State must meet three requirements.
    The first requirement is for the monitoring, recordkeeping and 
reporting (MRR) requirements in the Indiana rules to be made more 
comprehensive to include more than: Daily volume-weighted averages of 
all coatings applied in a coating or printing line; and records of 
daily usage of gallons of solids coating and VOC content for each 
coating or ink solvent. Alternatively, when a source complies by using 
control devices, then records of monitoring parameters and other 
information must also be kept. The MRR requirements should also specify 
a period of time (i.e., 5 years) during which records shall be 
maintained at the facility. The second requirement is for the Indiana 
rules to be revised to require maintenance of records and reports of 
new or existing control devices. Records and reports that should be 
maintained include monitoring data, calibration and maintenance logs, 
and logs of operating time. The third requirement is for the Indiana 
rules to be revised to require the maintenance of records and reports 
for exempt sources such as: Information pertaining to the initial 
certification, calculations demonstrating that total potential 
emissions of VOC from all flexographic and rotogravure printing presses 
at the facility will be less than the required limits for each year, 
the maintenance of record for a period of 5 years, and the requirement 
that any exceedance will be reported to the Administrator within 30 
days after the exceedance occurs. Exempt sources should calculate: 
Yearly potential emissions, yearly actual emissions, and the name, 
identification, VOC content, and yearly volume of coatings/inks. If the 
State ultimately fails to meet its commitment to meet these 
requirements by the date listed above, then USEPA's action for the 
State's requested SIP revision will automatically convert to a final 
disapproval without further regulatory action.

(1) Incorporation by reference.

    (i) (A) 326 IAC 8-5-5 Graphic arts operations. Filed with the 
Secretary of State, August 9, 1993, effective September 8, 1993, 
Published at Indiana Register, Volume 16, Number 12, September 1, 1993.
[FR Doc. 95-10974 Filed 5-3-95; 8:45 am]
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