[Federal Register Volume 78, Number 249 (Friday, December 27, 2013)]
[Rules and Regulations]
[Pages 78726-78727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-30543]



[[Page 78726]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2012-0453; FRL-9904-35-Region 5]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
request from the Indiana Department of Environmental Management to 
revise its volatile organic compound state implementation plan (SIP) 
for industrial solvent cleaning rule for manufacturers of coatings, 
inks, adhesives, and resins. These revisions are approvable because 
they are consistent with EPA's Industrial Solvent Cleaning Control 
Technique Guidelines document and therefore satisfy the reasonable 
available control technology requirements of the Clean Air Act. EPA 
proposed to approve these revisions on September 10, 2013, and did not 
receive any comments.

DATES: This final rule is effective on January 27, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2012-0453. All documents in the docket are listed on 
the www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, i.e., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the Internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available either 
electronically through 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 Anthony Maietta, 
Environmental Protection Specialist, at (312) 353-8777 before visiting 
the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Anthony Maietta, Environmental 
Protection Specialist, Air Programs Branch (AR-18J), Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, (312) 252-8777, [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 is the background for the action?
II. What action is EPA taking?
III. Statutory and Executive Order Reviews

I. What is the background for the action?

    On September 10, 2013, EPA proposed to approve rule revisions 
contained in a May 29, 2012, submittal from IDEM into the Federal 
Register (78 FR 55234). The submittal requested that EPA approve a 
revision to the Indiana SIP regarding the industrial solvent cleaning 
rule for manufacturers of coatings, inks, adhesives, and resins. EPA 
received no comments on the proposed action.

II. What action is EPA taking?

    EPA is approving revisions to Title 326, Article 8, Rule 17 of the 
Indiana Administrative Code (IAC) as submitted to EPA on May 29, 2012. 
Specifically, EPA is approving revisions to 326 IAC 8-17-2, 326 IAC 8-
17-4, and 326 IAC 8-17-7.

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Clean Air Act 
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air 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 Clean Air Act; 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.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    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 February 25, 2014. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action 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

[[Page 78727]]

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, Incorporation by 
reference, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: December 6, 2013.
Susan Hedman,
Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.


0
2. In Sec.  52.770 the table in paragraph (c) is amended by adding a 
new entry in ``Article 8. Volatile Organic Compound Rules'' for ``Rule 
17. Industrial Solvent Cleaning Operations'' in numerical order to read 
as follows:


Sec.  52.770  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Indiana Regulations
----------------------------------------------------------------------------------------------------------------
                                                      Indiana
    Indiana citation              Subject         effective date     EPA approval date             Notes
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                   Article 8. Volatile Organic Compound Rules
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Rule 17. Industrial Solvent Cleaning Operations
----------------------------------------------------------------------------------------------------------------
8-17-1..................  Applicability.........        1/2/2010  2/24/2010, 75 FR 8246.
8-17-2..................  Exemptions............        5/3/2012  12/27/2013, [INSERT
                                                                   PAGE NUMBER WHERE THE
                                                                   DOCUMENT BEGINS].
8-17-3..................  ``Composite partial           1/2/2010  2/24/2010, 75 FR 8246.
                           vapor pressure''
                           defined.
8-17-4..................  VOC emissions control         5/3/2012  12/27/2013, [INSERT
                           requirements.                           PAGE NUMBER WHERE THE
                                                                   DOCUMENT BEGINS].
8-17-5..................  Compliance dates......        1/2/2010  2/24/2010, 75 FR 8246.
8-17-6..................  Compliance test               1/2/2010  2/24/2010, 75 FR 8246.
                           methods.
8-17-7..................  Monitoring and                5/3/2012  12/27/2013, [INSERT
                           recordkeeping.                          PAGE NUMBER WHERE THE
                                                                   DOCUMENT BEGINS].
8-17-8..................  Reporting requirements        1/2/2010  2/24/2010, 75 FR 8246.
                           for monitoring and
                           recordkeeping
                           information.
8-17-9..................  Requirements on               1/2/2010  2/24/2010, 75 FR 8246.
                           compliance
                           certification.
8-17-10.................  Recordkeeping                 1/2/2010  2/24/2010, 75 FR 8246.
                           requirements for
                           exempt sources.
 
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[FR Doc. 2013-30543 Filed 12-26-13; 8:45 am]
BILLING CODE 6560-50-P