[Federal Register Volume 78, Number 175 (Tuesday, September 10, 2013)]
[Proposed Rules]
[Pages 55234-55236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22026]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2012-0453; FRL-9900-78-Region5]


Approval and Promulgation of Implementation Plans; Indiana; 
Volatile Organic Compound Emission Control Measures for Industrial 
Solvent Cleaning for Northwest Indiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: On May 29, 2012, the Indiana Department of Environmental 
Management (IDEM) submitted revisions to its volatile organic compound 
(VOC) industrial solvent cleaning rule for manufacturers of coatings, 
inks, adhesives, and resins for approval into its State Implementation 
Plan (SIP). These revisions are approvable because they are consistent 
with EPA's Industrial Solvent Cleaning Control Technique Guideline 
(CTG) document and therefore satisfy the reasonably available control 
technology (RACT) requirements of the Clean Air Act (Act).

DATES: Comments must be received on or before October 10, 2013.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2012-0453, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     Email: [email protected].
     Fax: (312) 408-2279.
     Mail: Douglas Aburano, Chief, Attainment Planning and 
Maintenance Section (AR-18J), U.S. Environmental Protection Agency, 77 
West Jackson Boulevard, Chicago, Illinois 60604.
     Hand Delivery: Douglas Aburano, Chief, Attainment Planning 
and Maintenance Section (AR-18J), U.S. Environmental Protection Agency, 
77 West Jackson Boulevard, 18th floor, Chicago, Illinois 60604. Such 
deliveries are only accepted during the Regional Office's normal hours 
of operation, and special arrangements should be made for deliveries of 
boxed information. The Regional Office official hours of business are 
Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal 
holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2012-0453. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going

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through www.regulations.gov your email address will be automatically 
captured and included as part of the comment that is placed in the 
public docket and made available on the Internet. If you submit an 
electronic comment, EPA recommends that you include your name and other 
contact information in the body of your comment and with any disk or 
CD-ROM you submit. If EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, EPA may not be 
able to consider your comment. Electronic files should avoid the use of 
special characters, any form of encryption, and be free of any defects 
or viruses. For additional instructions on submitting comments, go to 
Section I of the SUPPLEMENTARY INFORMATION section of this document.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Environmental Protection 
Agency, Region 5, Air and Radiation Division, 77 West Jackson 
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. 
We recommend that you telephone Steven Rosenthal at (312) 886-6052 
before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Steven Rosenthal, Environmental 
Engineer, Attainment Planning & Maintenance Section, Air Programs 
Branch (AR-18J), U.S. Environmental Protection Agency, Region 5, 77 
West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6052, 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. What should I consider as I prepare my comments for EPA?
II. What is the background for this action?
III. What are Indiana's submitted VOC rule revisions and what is 
EPA's analysis of the revisions?
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews

I. What should I consider as I prepare my comments for EPA?

    When submitting comments, remember to:
    1. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date, and page number).
    2. Follow directions--EPA may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    3. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    4. Describe any assumptions and provide any technical information 
and/or data that you used.
    5. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    6. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    7. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    8. Make sure to submit your comments by the comment period deadline 
identified.

II. What is the background for this action?

    On February 24, 2010, EPA approved into Indiana's SIP several VOC 
rules in order to satisfy Indiana's VOC RACT requirements for the Lake 
and Porter County portion of the Chicago-Gary-Lake County, IL-IN, 1997 
8-hour ozone nonattainment area. See 75 FR 8246. These rules included 
new rule 326 IAC 8-17 for Industrial Solvent Cleaning operations that 
was based on a CTG issued by EPA in 2006.
    Subsequent to the approval of Indiana's rule, EPA concluded that 
low VOC content cleaning solvents were not adequate to clean process 
equipment and tanks at facilities that manufacture coatings, inks, 
adhesives and resins. As a result, EPA determined that RACT for these 
operations was the alternative requirements in the (California) Bay 
Area Air Quality Management District's rules, which are referenced in 
EPA's industrial solvent cleaning CTG.
    EPA approved Wisconsin's industrial solvent cleaning rules for 
coating, ink, adhesive and resin manufacturing, based on the Bay Area 
rules, on August 7, 2012 (77 FR 46961). The American Coatings 
Association requested that that IDEM also adopt a solvent cleaning rule 
based on the Bay Area rules. In addition, IDEM realized that it had 
used limits in its rule that were inconsistent with RACT and EPA's 2006 
CTG.
    IDEM adopted these revisions on April 3, 2012, after public 
hearings on November 2, 2011, and February 1, 2012. IDEM submitted the 
revised rules to EPA on May 29, 2012.

III. What are Indiana's submitted VOC rule revisions and what is EPA's 
analysis of the revisions?

    Indiana has revised its Industrial Solvent Cleaning rule, 326 IAC 
8-17, for sources in Lake and Porter Counties as follows:
    326 IAC 8-17-2(c)(11)--An exemption for the cleaning of application 
equipment used to apply solvent-borne fluoropolymer coatings has been 
added to the list of solvent cleaning operations exempted from the VOC 
content limitations in 326 IAC 8-17-4. This exemption corrects a 
mistake in Indiana's adoption of RACT and is consistent with EPA's 2006 
CTG. It should not result in an increase in VOC emissions, as there are 
no known sources to which it will apply.
    326 IAC 8-17-4(a)--The allowable VOC content for cleaning 
ultraviolet ink and electron beam application equipment, except for 
screen printing, has been increased from 4.2 to 5.4 pounds VOC/gallon. 
This corrects a mistake in Indiana's adoption of RACT and is consistent 
with EPA's 2006 CTG. It should not result in an increase in VOC 
emissions, as there are no known sources to which it will apply.
    326 IAC 8-17-4(g)--Alternative cleaning requirements have been 
added for manufacturers of coatings, inks, adhesives and resins and 
corresponding recordkeeping requirements have been added in 326 IAC 8-
17-7(f). These requirements are based on the Bay Area rules. These 
requirements apply to cleaning mixing vats, high dispersion mills, 
grinding mills, tote tanks, and roller mills, and consist of four 
options: (1) The solvent or solvent solution used must either contain 
less than 1.67 pounds VOC per gallon or have a VOC composite partial 
vapor pressure of less than or equal to 8 millimeters of mercury; (2) 
several work practices must be implemented, including storing all VOC-
containing cleaning materials in closed containers; (3) the emissions 
from equipment cleaning must be collected and vented to an emission 
control system with an overall control efficiency of 80 percent or more 
on a mass basis; or (4) no more than 60 gallons of fresh solvent per 
month may be used and all VOC-containing cleaning materials must be 
stored in closed containers. The recordkeeping requirements in 326 IAC 
8-17-7(f) have been added to determine whether the 60-gallon limit has 
been exceeded.

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    In addition, the owner or operator of a facility engaged in wipe 
cleaning may not use open containers for the storage of organic 
compounds to be used for cleaning, or for the storage or disposal of 
any material impregnated with organic compounds used for cleaning.
    These alternative cleaning requirements are consistent with EPA's 
CTG, and will not result in an increase in emissions because there are 
no coating, ink, adhesive and resin manufacturers in Lake and Porter 
Counties, where they apply.

IV. What action is EPA taking?

    EPA has determined that these revisions are consistent with this 
CTG and applicable EPA RACT guidance at www.epa.gov/ttn/naaqs/ozone/ozonetech/#ref. Therefore, EPA is proposing to approve the revisions to 
Indiana's Industrial Solvent Cleaning rules (in 326 IAC 8-17) as 
meeting the RACT requirements in the Act.

V. Statutory and Executive Order Reviews

    Under the Act, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR Part 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve State choices, 
provided that they meet the criteria of the Act. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by State 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

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

    Dated: August 28, 2013.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2013-22026 Filed 9-9-13; 8:45 am]
BILLING CODE 6560-50-P