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

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.

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 cutoff 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
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