Federal Register / Vol. 60, No. 86 / Thursday, May 4, 1995 / Rules and Regulations 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:

§ 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]

BILLING CODE 6560–50–P

40 CFR Part 52

[IN45–2–6877; FRL–5184–2]

Approval and Promulgation of

Implementation Plans; Indiana

AGENCY: United States Environmental

Protection Agency (USEPA).

ACTION: Final rule.

SUMMARY: On January 11, 1995, the

USEPA proposed to conditionally

approve a State Implementation Plan

(SIP) revision request submitted by the

State of Indiana for the purpose of

remaining consistent with Federal

Volatile Organic Compound (VOC)

definition requirements. 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, S.W.,

Washington, D.C. 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

On February 3, 1992, USEPA

promulgated a revised Federal

definition for VOC (57 FR 3945). 40 CFR

51.100(s). For purposes of meeting the

requirements of this revised Federal

definition of VOC, the State of Indiana

submitted on February 25, 1994, a

revision to the SIP which consists of a

two-part revised VOC definition, located

under Title 326 Indiana Administrative

Code (IAC) 1–2–48 (for

‘‘nonphotochemically reactive

hydrocarbon’’) and 326 IAC 1–2–90 (for

‘‘VOC’’). The nonphotochemically

reactive hydrocarbon definition at 326

IAC 1–2–48 is amended to add five

halocarbon compounds and four classes

of perfluorocarbons determined by

USEPA to have negligible

photochemical reactivity. In 326 IAC 1–

2–90, Indiana amends the definition of

VOC by excluding five carbon

compounds determined by USEPA to
22242 Federal Register / Vol. 60, No. 86 / Thursday, May 4, 1995 / Rules and Regulations

have negligible photochemical reactivity

as well as excluding the organic

compounds listed in 326 IAC 1–2–48.

The amendments, as described, comport

with the Federal requirements.

However, Indiana also added an

exclusion of vegetable oils to the VOC

definition, which USEPA has not

determined to have negligible

photochemical reactivity and is not

listed for exclusion in the February 3,

1992 final rule. This exclusion of

vegetable oils makes the Indiana VOC

definition inconsistent with Federal

requirements. Vegetable processing

sources cannot be exempted from the

VOC definition rule, as proposed by the

State of Indiana. Subject sources,

however, may be able to seek source

category exemptions under the generic

non-Control Technology Guideline

(non-CTG sources) RACT rule, if

supported by documentation acceptable

to the USEPA.

Based on USEPA’s preliminary

analysis that the State’s submittal was

unapprovable because the exclusion of

vegetable oil from the definition of VOC

is inconsistent with the February 3,

1992, Federal VOC definition, Indiana

submitted to USEPA, a letter dated

December 14, 1994, committing to the

necessary rule revision to correct the

deficiency. In accordance with an

attached schedule, Indiana expects a

final rule to be adopted and submitted

to USEPA by January, 1996.

Final Rulemaking Action

The USEPA conditionally approves

the two-part VOC definition located

under 326 IAC 1–2–48 and 326 IAC 1–

2–90 because Indiana has committed to

correct the rule so that it fully comports

with USEPA requirements as

established in the February 3, 1992 final

rule. If the State ultimately fails to meet

its commitment 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 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

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 read as follows:

Authority: 42 U.S.C. 7401–7671q.

Subpart P—Indiana

2. Section 52.769 is added to read as

follows:

§ 52.769 Identification of plan—conditional

approval.

The plan revision commitment listed

in paragraph (a) of this section was

submitted on the date specified.

(a) On February 25, 1994, Indiana

submitted a revision to the definition of

Volatile Organic Compound (VOC) in

two parts as amendments to Title 326 of

the Indiana Administrative Code (326

IAC) 1–2–48 (for nonphotochemically

reactive hydrocarbon) and 1–2–90 (for

VOC). The United States Environmental

Protection Agency (USEPA) is

conditionally approving the State’s VOC

definition, contingent on fulfillment of

the State’s commitment to adopt and

submit a State Implementation Plan

revision that would eliminate

provisions which exclude vegetable oil

from the State’s definition of VOC by

May 6, 1996. If the State fails to meet

its commitment by the date listed above,

the USEPA’s conditional approval will

automatically become a disapproval

without further regulatory action.

(1) Incorporation by reference.

(i) (A) 326 IAC 1–2–48

Nonphotochemically reactive

hydrocarbon definition and 1–2–90

Volatile Organic Compound definition.

Filed with the Secretary of State, August

9, 1993, effective September 8, 1993,

Published at Indiana Register, Volume

16, Number 12, September 1, 1993.

(b) (Reserved)

[FR Doc. 95–10975 Filed 5–3–95; 8:45 am]

BILLING CODE 6560–50–P