[Federal Register Volume 62, Number 12 (Friday, January 17, 1997)]
[Rules and Regulations]
[Pages 2593-2597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1081]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[IN63-1a; FRL-5663-1]


Approval and Promulgation of Implementation Plans; Indiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On November 21, 1995, and February 14, 1996, the State of 
Indiana submitted rules for the control of volatile organic liquid 
(VOL) storage operations in Clark, Floyd, Lake, and Porter Counties as 
a requested State Implementation Plan (SIP) revision. This rule is part 
of the State's 15 percent (%) Rate of Progress (ROP) plan to control 
Volatile Organic Compounds (VOC) emissions in Clark and Floyd Counties, 
and is included in the VOC contingency plan for Lake and Porter 
Counties. In addition, this rule is intended to satisfy Clean Air Act 
(Act) requirements to adopt VOC Reasonably Available Control Technology 
(RACT) rules for non-Control Techniques Guidelines (CTG) sources in 
Clark, Floyd, Lake, and Porter Counties. Emissions of VOC react with 
nitrogen oxides in sunlight to form ground-level ozone, commonly known 
as smog. Exposure to high ozone concentrations causes respiratory 
irritation, especially to children, seniors, and people with asthma and 
other respiratory problems. Indiana expects that the control measures 
specified in this VOL storage SIP will reduce VOC emissions by 2,620 
pounds per day (lbs/day) in Lake and Porter Counties and 142 lbs/day in 
Clark and Floyd Counties. In this action, EPA is approving Indiana's 
rule as a direct final action; the rationale for this approval is set 
forth below. Elsewhere in this Federal Register, EPA is proposing 
approval and soliciting comment on this direct final action; if adverse 
comments are received, EPA will withdraw the direct final and address 
the comments received in a new final rule. Unless this direct final is 
withdrawn, no further rulemaking will occur on this requested SIP 
revision.

DATES: This final rule is effective March 18, 1997 unless adverse 
comments are received by February 18, 1997. If the effective date is 
delayed, timely notice will be published in the Federal Register.

ADDRESSES: Written comments can be mailed to:

J. Elmer Bortzer, Chief, Regulation Development Section, Air Programs 
Branch (AR-18J), Air and Radiation Division, U.S. Environmental

[[Page 2594]]

Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois, 60604.
Copies of the SIP revision request are available for inspection at the 
following address: (It is recommended that you telephone Mark J. 
Palermo at (312) 886-6082, before visiting the Region 5 office.)
U.S. Environmental Protection Agency, Region 5, Air and Radiation 
Division, 77 West Jackson Boulevard, Chicago, Illinois, 60604.

FOR FURTHER INFORMATION CONTACT: Mark J. Palermo, Air Programs Branch 
(AR-18J) (312) 886-6082.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 182(b)(1) of the Act requires all moderate and above ozone 
nonattainment areas to achieve a 15% reduction of 1990 emissions of VOC 
by November 15, 1996. In Indiana, Lake and Porter Counties are 
classified as ``severe'' nonattainment for ozone, while Clark and Floyd 
Counties are classified as ``moderate'' nonattainment. As such, these 
counties are subject to the 15% ROP requirement.
    The Act specifies under section 182(b)(1)(C) that the 15% emission 
reduction claimed under the ROP plan must be achieved through the 
implementation of control measures through revisions to the SIP, the 
promulgation of federal rules, or the issuance of permits under Title V 
of the Act, by November 15, 1996. Control measures implemented before 
November 15, 1990, are precluded from counting toward the 15% 
reduction.
    In addition, section 172(c)(9) requires moderate and above areas to 
adopt contingency measures by November 15, 1993. The General Preamble 
for the Implementation of Title I of the Clean Air Act Amendments of 
1990 (April 28, 1992, 57 FR at 18070), states that the contingency 
measures generally must provide reductions of 3% from the 1990 base-
year inventory. While all contingency measures must be fully adopted 
rules or measures, the State can use these measures in two different 
ways. First, the State can use its discretion to implement a measure it 
wants before 1996. Alternatively, the State may decide not to implement 
a measure until the area has failed to either meet the 15% ROP 
requirement or attain the national ambient air quality standards. In 
that situation, the reductions must be achieved in the year following 
that in which the failure has been identified by the State.
    Besides ROP and contingency plan requirements, section 182(b)(2) of 
the Act requires States to adopt RACT rules for all areas designated 
nonattainment for ozone and classified as moderate or above.1 
There are three parts to the section 182(b)(2) RACT requirement: (1) 
RACT for sources covered by an existing CTG--i.e., a CTG issued prior 
to the enactment of the amended Act of 1990; (2) RACT for sources 
covered by a post-enactment CTG; and (3) all major sources not covered 
by a CTG.2
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    \1\ A definition of RACT is cited in a General Preamble-
Supplement on CTGs, published at 44 FR at 53761 (September 17, 
1979). RACT is defined as the lowest emission limitation that a 
particular source is capable of meeting by the application of 
control technology that is reasonably available, considering 
technological and economic feasibility.
    \2\ The EPA publishes CTGs in order to assist the States in 
determining RACT. The CTGs provide information on available air 
pollution control techniques and provide recommendations on what the 
EPA considers the ``presumptive norm'' for RACT.
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    Section 183 of the amended Act requires EPA to issue post-enactment 
CTGs for thirteen source categories. CTGs were published by this date 
for four source categories--Synthetic Organic Chemical Manufacturing 
Industry (SOCMI) Reactors, SOCMI Distillation, Wood Furniture Coating, 
and Shipbuilding and Ship Repair Coating; however, the CTGs for the 
remaining source categories have not been completed. To address State 
requirements regarding post-enactment CTG source categories for which a 
CTG has not yet been published, the EPA created a CTG document as 
Appendix E to the General Preamble. In Appendix E, EPA interpreted the 
Act to allow a State to submit a non-CTG rule by November 15, 1992, or 
to defer submittal of a RACT rule for sources that the State 
anticipated would be covered by a post-enactment CTG, based on the list 
of CTGs EPA expected to issue to meet the requirement in section 183 of 
the Act. One of the expected CTGs included on this list was to cover 
VOL storage tanks. Appendix E states that if EPA fails to issue CTGs 
for any of the post-enactment CTG source categories by November 15, 
1993, the responsibility shifts to the State to submit a non-CTG RACT 
rule for those source categories.
    In October 1993, EPA issued a draft CTG for VOL storage tanks. 
However, EPA decided not to finalize the CTG and, instead, issued in 
January 1994, a document entitled ``Alternative Control Techniques 
(ACT) Document: Volatile Organic Liquid Storage in Floating and Fixed 
Roof Tanks'', to assist states in developing rules for controlling 
emissions from VOL storage. In addition, EPA has adopted a New Source 
Performance Standard (NSPS) for VOL storage operations in 40 CFR 60, 
subpart Kb, which contains the same level of control identified in the 
draft CTG and ACT. Both the draft CTG and the ACT contain a draft model 
rule for use by the States in developing the SIP revisions.
    To comply with 15% ROP plan, contingency measure, and non-CTG RACT 
requirements, Indiana has submitted, as a requested revision to the 
SIP, Rule 326 IAC 8-9 for the control of VOL storage operations in 
Lake, Porter, Clark, and Floyd Counties. The rule is included as a 
control measure in the 15% ROP plan for Clark and Floyd Counties and is 
included as a contingency measure for Lake and Porter Counties' 
contingency plan. (Rulemaking on the overall Clark and Floyd Counties 
15% ROP plan and Lake and Porter Counties contingency plan SIP 
revisions will be taken in a subsequent Federal Register action).
    On May 3, 1995, the Indiana Air Pollution Control Board adopted the 
VOL storage rule. Public hearings on the rule were held on March 1, 
1995, and May 3, 1995, in Indianapolis, Indiana. The rule was signed by 
the Secretary of State on December 19, 1995, and became effective on 
January 18, 1996; it was published in the Indiana State Register on 
February 1, 1996. IDEM formally submitted the VOL storage rule to EPA 
on November 21, 1995, as a revision to the Indiana SIP for ozone; 
supplemental documentation to this revision was submitted on February 
14, 1996. EPA made a finding of completeness of this submittal in a 
letter dated February 23, 1996.
    The November 21, 1995, and February 14, 1996, submittals include 
the following rules:

326 IAC 8-9  Volatile Organic Liquid Storage Vessels

(1) Applicability
(2) Exemptions
(3) Definitions
(4) Standards
(5) Testing and procedures
(6) Record keeping and reporting requirements

II. Evaluation of Rule

    As previously discussed, Indiana intends that this VOL storage SIP 
revision submittal will be one of the control measures under 15% ROP 
plan for Clark and Floyd Counties, and included in the contingency plan 
for Lake and Porter Counties. A review of what emission reduction this 
SIP achieves for purposes of the Indiana 15% ROP plan will be addressed 
when EPA takes rulemaking action on the Clark and Floyd Counties 15% 
ROP plan and Lake and Porter Counties contingency plan SIPs. (EPA will 
take

[[Page 2595]]

rulemaking on these plans in a subsequent rulemaking action).
    To determine the approvability of the Indiana VOL storage SIP 
submission, the rule was reviewed for consistency with section 110 and 
part D of the Act, and with EPA RACT guidance. Because there is no 
published CTG for VOL storage tanks at this time, EPA is using the 
draft model rule contained in the draft CTG and the ACT (draft model 
rule) to determine whether the Indiana rule constitutes RACT. Once the 
CTG is published, however, State VOL storage rules must achieve the 
CTG's stringency of control. A summary of the rule and discussion of 
EPA's analysis follows. For the complete requirements of this SIP 
revision, interested parties should see the 326 IAC 8-9 rule.

326 IAC 8-9-1  Applicability

    This section establishes which VOL storage operations are subject 
to the rule. Beginning October 1, 1995, stationary vessels used to 
store VOL that are located in Clark, Floyd, Lake, and Porter Counties 
are subject to all of the requirements of the rule, except those 
vessels with a capacity of less than 39,000 gallons, a maximum true 
vapor pressure of less than 0.75 pounds per square inch absolute 
(psia), or otherwise exempted under section 2. VOL storage vessels with 
a capacity less than 39,000 gallons, or a maximum vapor pressure of 
less than 0.75 psia, however, are subject to certain record keeping and 
reporting requirements in section 6. These applicability criteria are 
consistent with applicability criteria contained in the draft model 
rule, and, therefore, are approvable.

326 IAC 8-9-2  Exemptions

    This section exempts the following vessels from the requirements of 
this rule: (1) vessels at coke oven byproduct plants; (2) pressure 
vessels designed to operate in excess of 29.4 psia and without 
emissions to the atmosphere; (3) vessels that are permanently attached 
to mobile vehicles such as trucks, rail cars, barges, or ships; (4) 
vessels with a design capacity less than or equal to 420,000 gallons 
used for petroleum or condensate stored, processed, or treated prior to 
custody transfer; (5) vessels located at bulk gasoline plants; (6) 
storage vessels located at gasoline service stations; (7) vessels used 
to store beverage alcohol; and (8) stationary vessels that are subject 
to any provision of 40 CFR part 60, subpart Kb, New Source Performance 
Standard for Volatile Organic Liquid Storage. These exemption 
provisions are consistent with exemption provisions in the draft model 
rule and, therefore, are approvable.

326 IAC 8-9-3  Definitions

    This section includes the following definitions to apply throughout 
the Indiana rule: (1) Condensate; (2) Custody transfer; (3) Fill; (4) 
Gasoline Service Station; (5) Maximum True Vapor Pressure; (6) 
Petroleum; (7) Petroleum Liquids; (8) Reid Vapor Pressure; (9) Vessel; 
(10) Volatile Organic Liquid; and (11) Waste. The term, ``bulk gasoline 
plant,'' which is used in section 2 under the rule, is already defined 
in section 326 IAC 1-2-7. These definitions are generally consistent 
with those provided in the ACT's model rule. The definition of maximum 
true vapor pressure specifies the use of standard reference texts such 
as certain American Petroleum Institute publications, AP-42, and the 
Chemical Rubber Company's Handbook of Chemistry and Physics, to 
determine the maximum true vapor pressure of VOL in a particular vessel 
at the highest calendar month average ambient temperature in Lake and 
Porter Counties, which is 73 degrees Fahrenheit, and in Clark and Floyd 
Counties, which is 77.7 degrees Fahrenheit. This is consistent with the 
option contained in the draft model rule to use standard reference 
texts to determine maximum true vapor pressure. The definition of 
maximum true vapor pressure is approvable.

326 IAC 8-9-4  Standards

    Section 4(a) requires that the owner or operator of each vessel 
with a capacity greater than or equal to 39,000 gallons and which 
stores VOL with a maximum true vapor pressure greater than or equal to 
0.75 psia but less than 11.1 psia shall reduce emissions in accordance 
with the following control requirements.
    Each vessel having a permanently fixed roof is required by section 
4(a)(1) to have installed on or before May 1, 1996 either: (A) an 
internal floating roof meeting the standards for such roofs as 
specified in section 4(c) of the rule; (B) a closed vent system and 
control device meeting the standards for such equipment as specified in 
section 4(d) of the rule; or (C) an equivalent emission control system 
resulting in equivalent emissions reductions to that obtained by 
installing an internal floating roof meeting the standards of section 
4(c).
    Each vessel having an internal floating roof is required by section 
4(a)(2) to have installed either: (A) an internal floating roof meeting 
the standards for such roofs as specified in section 4(c) of the rule 
at the time of the next schedule vessel cleaning, but not later than 
May 1, 2006; (B) a closed vent system and control device meeting the 
standards for such equipment as specified in section 4(d) of the rule, 
on or before May 1, 1996; or (C) an equivalent emissions control system 
resulting in equivalent emissions reductions to that obtained by 
installing an internal floating roof meeting the standards of section 
4(c), on or before May 1, 1996.
    Each vessel having an external floating roof is required by section 
4(a)(3) to be installed with either: (A) an external floating roof 
meeting the standards for such roofs as specified in section 4(e) of 
the rule at the time of the next scheduled vessel cleaning, but not 
later than May 1, 2006; (B) a closed vent system and control device 
meeting the standards for such equipment as specified in section 4(d) 
of the rule, on or before May 1, 1996; or (C) an equivalent emissions 
control system on or before May 1, 1996, resulting in equivalent 
emissions reductions to that which would be obtained by installing an 
external floating roof meeting the standards of section 4(e).
    Although sections 4(a)(1)(C), 4(a)(2)(C), and 4(a)(3)(C) specify 
that sources may comply by using an ``equivalent control system'' to 
the rule's roof and sealing requirements if equivalent VOC reductions 
are obtained by May 1, 1996, Indiana has indicated that no sources have 
used that option for compliance. All sources covered under this rule, 
therefore, are required to meet either the applicable roof and seals 
requirements under sections 4(a)(1)(A), 4(a)(2)(A), and 4(a)(3)(A), or 
the applicable closed vent system and control device requirements under 
sections 4(a)(1)(B), 4(a)(2)(B), and 4(a)(3)(B). Therefore, provisions 
which would require alternative control methods to be subject to EPA 
review, which is generally required by EPA for RACT rules, is not 
necessary.
    Section 4(b) requires that each vessel with a capacity of greater 
than 39,000 gallons that stores VOL with a maximum true vapor pressure 
greater than or equal to 11.1 psia shall equip each vessel with a 
closed vent and control device meeting the standards for such equipment 
as specified in section 4(d) of the rule.
    Section 4(c) specifies that internal floating roofs be equipped 
with one of the following: (A) a foam or liquid-filled seal mounted in 
contact with the liquid; (B) two seals mounted one above the other so 
that each forms a continuous closure that completely covers the space 
between the wall of the vessel and the edge of the internal floating 
roof; or (C) a mechanical shoe seal that consists of

[[Page 2596]]

a metal sheet held vertically against the wall of the vessel by springs 
or weighted levers and that is connected by braces to the floating 
roof, with a flexible coated fabric, or envelope, spanning the annular 
space between the metal sheet and floating roof. Section 4(c) also 
requires that the internal floating roof rest or float on the liquid 
surface during storage of VOL, and that certain equipment be used to 
properly seal the various fittings of the vessel.
    Section 4(d) provides that closed vent systems and control devices 
being used to comply with the rule meet the following specifications. 
The closed vent system must be designed to collect all VOC vapors and 
gases discharged from the vessel and operated with no detectable 
emission, as indicated by an instrument reading of less than 500 parts 
per million above background and visual inspections in accordance with 
the methods specified in 40 CFR 60, subpart VV, 60.485(C). The control 
device must be designed and operated to reduce inlet VOC emissions by 
95% or greater. If a flare is used as the control device, it shall meet 
the specifications described in the general control device requirements 
in 40 CFR 60.18, General Provisions.
    Section 4(e) requires that each external floating roof tank be 
equipped with a closure device between the wall of the storage vessel 
and the roof edge. The closure device is to consist of a primary seal 
and a secondary seal. The primary seal is required to completely cover 
the annular space between the edge of the floating roof and vessel wall 
and shall be either a liquid mounted seal or a shoe seal. The secondary 
seal shall completely cover the annular space between the external 
floating roof and the wall of the vessel in a continuous fashion. 
Section 4(e) also requires that the external floating roof rest or 
float on the liquid surface during storage of VOL, and that certain 
equipment be used to properly seal the various fittings of the vessel.
    The control requirements contained for fixed roof tanks, internal 
floating roof tanks, external floating roof tanks, and closed vent 
systems and control devices in section 4 (a) through (e) are generally 
consistent with the draft model rule, and, therefore, are approvable.

326 IAC 8-9-5  Testing and Procedures

    This section provides the test methods which are to be used to 
determine compliance with the rule, which consists of visual inspection 
methods for the internal or external floating roof and the various 
seals required for each type of roof. This section also indicates the 
various frequencies by which these inspections are to be conducted, 
depending on the type of seals used. In addition, section 5 specifies 
the time frame by which any defects found by a visual inspection must 
be addressed. Furthermore, this section requires that IDEM be notified 
at least 30 days in advance so that the agency can have the opportunity 
to have an observer present. As for VOL storage operations which are 
complying by means of a closed vent system and control device, the 
owner or operator must submit to IDEM before January 1, 1996, an 
operating plan containing documentation demonstrating that the control 
device will achieve the required control efficiency during maximum 
loading conditions, and a description of the parameter or parameters to 
be monitored to ensure the control device will be operated in 
conformance with its design. Affected sources must operate the closed 
vent system and control device and monitor the control devices' 
parameters in accordance with the operating plan unless the plan is 
revised by IDEM. Those sources complying through means of a closed vent 
system and flare shall meet the requirements specified in the general 
control device requirements in 40 CFR 60.18(e) and 40 CFR 60.18(f). 
These testing requirements are generally consistent with test methods 
expressed in the draft model rule, and, therefore, are approvable.

326 IAC 8-9-6  Recordkeeping and Reporting Requirements

    The Indiana rule establishes certain recordkeeping and reporting 
requirements under section 6 which took effect when the rule took 
effect in October 1, 1995 (as provided under section 1 of the rule). 
Section 6(a) requires that records be kept for at least 3 years unless 
specified otherwise. Section 6(b) requires subject sources to maintain 
a record for the life of each affected vessel and report to IDEM the 
vessel's identification number, dimensions, capacity, and a description 
of the vessel's emission control equipment, or schedule for the 
installation of such equipment, with a certification that the equipment 
meets the applicable standards. Sources must also, under section 
6(c)and 6(d), keep for at least 3 years records of the visual 
inspection conducted, any required measurements taken, and action taken 
to address defects, and report to IDEM within 30 days any defects found 
and the date and action taken to address defects.
    Those sources complying through means of a closed vent system with 
a control device must, under section 6(e), maintain a record of the 
operating plan and parameter values monitored. Those sources complying 
through means of a closed vent system with a flare must furnish a 
report containing required measurements within 6 months of the initial 
start-up date, and a semiannual report of all periods recorded under 
section 40 CFR 60.115 in which the pilot flame was absent.
    Section 6(g) requires VOL storage vessels with a design capacity 
greater than 39,000 gallons storing a VOL with a maximum true vapor 
pressure greater than or equal to 0.5 psia but less than 0.75 psia to 
maintain a daily record of the maximum true vapor pressure of the VOL 
stored in the vessel. Section 6(h) requires vessels with a design 
capacity greater than 39,000 gallons storing a VOL with a maximum true 
vapor pressure less than 0.75 psia to maintain a record and notify IDEM 
within 30 days when the maximum true vapor pressure of the VOL exceeds 
0.75 psia. Vessels equipped with a closed vent system and control 
device are exempt from subsection (g) and (h), as provided under 
subsection (f).
    Section 6(i) contains procedures for determining the maximum true 
vapor pressure. Section 6(j) requires certain monitoring requirements 
for vessels storing a waste mixture of indeterminate or variable 
composition. These record keeping and reporting requirements are 
consistent with those provided under the draft model rule, and, 
therefore, are approvable.

III. Final Action

    Based upon the analysis above, the EPA finds that Indiana's 
regulation covering VOL storage operations, 326 IAC 8-9, as submitted 
on November 21, 1995, and February 14, 1996, is generally consistent 
with EPA's guidance in the draft model rule for this source category 
and, therefore, is considered to constitute RACT. EPA, therefore, is 
approving this rule as a revision to Indiana's ozone SIP.
    The EPA is publishing this action without prior proposal because 
EPA views this as a noncontroversial revision and anticipates no 
adverse comments. However, in a separate document in this Federal 
Register publication, the EPA is proposing to approve the SIP revision 
should adverse or critical comments be filed. This action will be 
effective on March 18, 1997 unless, by February 18, 1997, adverse or 
critical comments are received.
    If the EPA receives such comments, this action will be withdrawn 
before the effective date by publishing a subsequent rulemaking that 
will

[[Page 2597]]

withdraw the final action. All public comments received will be 
addressed in a subsequent final rule based on this action serving as a 
proposed rule. The EPA will not institute a second comment period on 
this action. Any parties interested in commenting on this action should 
do so at this time. If no such comments are received, the public is 
advised that this action will be effective on March 18, 1997.
    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 the SIP shall be considered 
separately in light of specific technical, economic, and environmental 
factors and in relation to relevant statutory and regulatory 
requirements.

IV. Administrative Requirements

A. Executive Order 12866

    This action has been classified as a Table 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
July 10, 1995, memorandum from Mary D. Nichols, Assistant Administrator 
for Air and Radiation. The Office of Management and Budget (OMB) has 
exempted this regulatory action from Executive Order 12866 review.

B. Regulatory Flexibility

    Under the Regulatory Flexibility Act, 5 U.S.C. section 600 et seq., 
EPA must prepare a regulatory flexibility analysis assessing the impact 
of any proposed or final rule on small entities. 5 U.S.C. sections 603 
and 604. Alternatively, EPA 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, the Administrator 
certifies 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 flexibility analysis would 
constitute Federal inquiry into the economic reasonableness of the 
State action. The Clean Air Act forbids EPA to base its actions 
concerning SIPs on such grounds. Union Electric Co. versus EPA., 427 
U.S. 246, 256-66 (1976); 42 U.S.C. 7410(a)(2).

C. Unfunded Mandates

    Under Section 202 of the Unfunded Mandates Reform Act of 1995, 
signed into law on March 22, 1995, EPA must undertake various actions 
in association with any proposed or final rule that includes a Federal 
mandate that may result in estimated costs to state, local, or tribal 
governments in the aggregate; or to the private sector, of $100 million 
or more. This Federal action approves pre-existing requirements under 
state or local law, and imposes no new requirements. Accordingly, no 
additional costs to state, local, or tribal governments, or the private 
sector, result from this action.

D. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives and the Comptroller General of the 
General Accounting Office prior to publication of the rule in today's 
Federal Register. This rule is not a major rule as defined by 5 U.S.C. 
804(2).

E. Petitions for Judicial Review

    Under section 307(b)(1) of the Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by March 18, 1997. 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)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Incorporation by reference, Intergovernmental relations, Ozone, 
Reporting and recordkeeping requirements.

    Dated: November 25, 1996.
Valdas V. Adamkus,
Regional Administrator.

    For the reasons stated in the preamble, 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.

    2. Section 52.770 is amended by adding paragraph (c)(111) to read 
as follows:


Sec. 52.770  Identification of Plan.

* * * * *
    (c) * * *
    (111) On November 21, 1995, and February 14, 1996, Indiana 
submitted a rule for the control of volatile organic compound emissions 
from volatile organic liquid storage operations in Clark, Floyd, Lake, 
and Porter Counties.
    (i) Incorporation by reference. 326 Indiana Administrative Code 8-
9: Volatile Organic Liquid Storage Vessels, Section 1: Applicability, 
Section 2: Exemptions, Section 3: Definitions, Section 4: Standards, 
Section 5: Testing and procedures, Section 6: Record keeping and 
reporting requirements. Adopted by the Indiana Air Pollution Control 
Board May 3, 1995. Filed with the Secretary of State December 19, 1995. 
Published at Indiana Register, Volume 19, Number 5, February 1, 1996. 
Effective January 18, 1996.

[FR Doc. 97-1081 Filed 1-16-97; 8:45 am]
BILLING CODE 6560-50-P