[Federal Register Volume 60, Number 86 (Thursday, May 4, 1995)]
[Rules and Regulations]
[Pages 22241-22242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10975]



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ENVIRONMENTAL PROTECTION AGENCY
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.

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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 
[[Page 22242]] 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:


Sec. 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]
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