[Federal Register Volume 60, Number 6 (Tuesday, January 10, 1995)]
[Proposed Rules]
[Pages 2568-2569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-550]



-----------------------------------------------------------------------


ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[IN42-1-6344; FRL-5136-5]


Approval and Promulgation of Implementation Plans; Indiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed 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 facilities, as part of the Reasonably Available Control 
Technology (RACT) Catch-up requirements. Amendments to the graphic arts 
operation regulation, Indiana Administrative Code 326 IAC 8-8-5 are 
intended to require existing graphic arts operations, which have the 
potential to emit 25 tons per year or more of VOC, to comply with VOC 
RACT regulations previously applicable to graphic arts operations with 
the potential to emit 100 tons per year or more of VOC. However, the 
graphic arts regulation contains insufficient recordkeeping and 
reporting requirements. Because the State has committed to correcting 
this deficiency by January 31, 1996, USEPA is proposing conditional 
approval of this SIP revision request. If the State fails to correct 
the deficiency, the conditional approval will convert to a disapproval.

DATES: Comments on this revision request and on the proposed USEPA 
action must be received by February 9, 1995.

ADDRESSES: Copies of the SIP revision request and USEPA's analysis are 
available for inspection at the following address:
    U.S. Environmental Protection Agency, Region 5, Air and Radiation 
Division (AR-18J), 77 West Jackson Boulevard, Chicago, Illinois 60604. 
(It is recommended that you telephone Rosanne Lindsay at (312) 353-
1151, before visiting the Region 5 Office.)
    Written comments should be sent to: J. Elmer Bortzer, Chief, 
Regulation Development Section, Regulation Development Branch (AR-18J), 
U.S. Environmental Protection Agency, 77 West Jackson Boulevard, 
Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT: Rosanne Lindsay at (312) 353-1151.

SUPPLEMENTARY INFORMATION:

I. Summary of State Submittal

    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, on May 17, 1993, commented on 
a draft version of this regulation, noting several deficiencies, 
including the lack of recordkeeping and reporting requirements to show 
compliance with the regulation required by section 182(b)(2) of the 
Act. The State of Indiana responded with a copy of the current 
recordkeeping and reporting rule (8-1-1), and stated that USEPA had not 
previously required any revisions of the rule based on numerous recent 
changes to the VOC Reasonably Available Control Technology (RACT) 
rules. The rules were adopted by the Indiana Pollution Control Board on 
June 2, 1993.

II. Analysis of State Submittal

    The State of Indiana has corrected most of the deficiencies noted 
in the USEPA comments of May 17, 1993. However, the recordkeeping and 
[[Page 2569]] reporting requirements, contained in Title 326 IAC 8-1-2, 
do not provide for adequate enforcement of the graphic arts rule. 
Region 5 has provided the Indiana Department of Environmental 
Management with a copy of the June 1992 Model VOC Rules. The following 
deficiencies must be corrected in order for USEPA to take final action 
approving the rule:

1. General

    (a) The monitoring, recordkeeping and reporting (MRR) requirements 
must 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 of each coating or ink solvent. For instance, when a source 
does not comply with daily weighted averaging (i.e., when the source 
complies with ``complying coatings or inks'' such as low VOC coating), 
then daily recordkeeping must be kept which specifies both the VOC 
content and the ink or coating identification. Alternatively, when a 
source complies by using control devices, then records of monitoring 
parameters and other information must also be kept (See (B) Sources 
Using Control Devices, below; See also, June 1992 Model VOC Rules).
    (b) The MRR requirements, should specify a period of time (i.e., 5 
years) during which records shall be maintained at the facility. The 
rules only require that: (1) The owner/operator ``keep records to 
demonstrate compliance with the permit or document restrictions'' (326 
IAC 8-1-1); and (2) ``records * * * shall be made available upon 
request'' (326 IAC 8-1-2).

2. Sources Using Control Devices

    The Indiana recordkeeping/reporting rules do not contain the 
requirement for the recordkeeping or reporting 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. Indiana rule 326 IAC 8-1-2(7) only requires the 
maintenance of records of daily usage of gallons of solids coating, VOC 
content of each coating or ink solvent, and daily emissions in pounds 
of VOC (See June 1992 Model VOC Rules).

3. Exempt Sources

    The Indiana rules do not 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 records 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 (See Model VOC Rules). 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.
    Based on EPA's preliminary analysis that the State's submittal was 
unapprovable, 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 1996.

III. Proposed Rulemaking Action and Solicitation of Public Comment

    The USEPA has reviewed the Indiana graphic arts rule against the 
June 1992 Model Rule and is proposing a conditional approval because 
the State has committed to correct the rule so that it fully comports 
with the Federal requirements described above. Upon a final conditional 
approval by USEPA, if the State ultimately fails to meet its commitment 
to correct the deficiency, noted herein, by January 31, 1996, the date 
the State committed to in its commitment letter, then USEPA's action 
for the State's requested SIP revision will automatically convert to a 
final disapproval.
    Public comments are solicited on the requested SIP revision and on 
USEPA's proposed conditional approval. Public comments received by 
February 9, 1995 will be considered in the development of USEPA's final 
rulemaking action.
    This action has been classified as a Table 2 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, 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 the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., USEPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. (5 U.S.C. 603 and 604.) 
Alternatively, USEPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    SIP approvals under section 110 and subchapter I, Part D of the 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 impose any new requirements, I certify that it does 
not have a significant impact on any small entities affected. Moreover, 
due to the nature of the Federal-State relationship under the Act, 
preparation of a regulatory flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of State action. The 
Act forbids USEPA to base its actions concerning SIPs on such grounds. 
Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S. Ct. 1976); 
42 U.S.C. 7410(a)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Volatile organic compounds.

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

    Dated: December 29, 1994.
Valdas V. Adamkus,
Regional Administrator.
[FR Doc. 95-550 Filed 1-9-95; 8:45 am]
BILLING CODE 6560-50-P