[Federal Register Volume 79, Number 143 (Friday, July 25, 2014)]
[Rules and Regulations]
[Pages 43260-43264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-17476]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2013-0214; FRL-9914-24-Region 5]


Approval and Promulgation of Air Quality Implementation Plans; 
Indiana; Solvent Degreasing Operations Rule

AGENCY: Environmental Protection Agency (EPA).

[[Page 43261]]


ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
request submitted by the Indiana Department of Environmental Management 
(IDEM) on March 14, 2013, to revise the Indiana state implementation 
plan (SIP) solvent degreasing operation rule. The state's submission 
seeks to extend vapor pressure limitations (previously applying to four 
counties) state-wide, add certain exemptions and streamline the rule by 
repealing and consolidating certain provisions. There is also a revised 
definition for ``cold cleaner degreaser.''

DATES: This direct final rule will be effective September 23, 2014, 
unless EPA receives adverse comments by August 25, 2014. If adverse 
comments are received, EPA will publish a timely withdrawal of the 
direct final rule in the Federal Register informing the public that the 
rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2013-0214, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (312) 692-2450.
    4. Mail: Pamela Blakley, Chief, Control Strategies Section, Air 
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West 
Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Pamela Blakley, Chief, Control Strategies 
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection 
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such 
deliveries are only accepted during the Regional Office 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-
2013-0214. 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 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.
    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 Charles Hatten, Environmental Engineer, 
(312) 886-6031 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Charles Hatten, Environmental 
Engineer, Control Strategies Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-6031, [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 this action?
II. What revision did the State request be incorporated into the 
SIP?
III. What action is EPA taking today and what is the basis for this 
action?
IV. Statutory and Executive Order Reviews

I. What is the background for this action?

    On March 14, 2013, the IDEM submitted a request to revise 326 
Indiana Administrative Code (IAC), Article 8, Rule 3, organic solvent 
degreasing operation (326 IAC 8-3) in Indiana's SIP. Revisions to this 
rule would: Extend the solvent low pressure requirement for cold 
cleaner degreasers to the entire state; add certain exemptions and 
streamline the rule by repealing and consolidating certain provisions. 
Revisions to the Definitions regulation would revise the definition for 
``cold cleaner degreaser'' (326 IAC 1-2-18.5).
    On October 5, 2012, IDEM published a ``Notice of Public 
Information'' in several newspapers, and on their Web site at http://www.in.gov/idem/5474.htm, providing a 30-day public comment period on 
the proposed revision to its SIP concerning organic solvent degreasing 
operations. The notice also informed the public that a hearing was 
scheduled for November 7, 2012. A public hearing was held on November 
7, 2012. IDEM did not receive any comments.
    This revised regulation applies to any person operating a degreaser 
using solvents that contain one or more volatile organic compounds 
(VOCs) located in the state. VOCs contribute to the formation of ozone.
    Solvent degreasing operations are an integral part of many 
industries as solvents or solvent vapors are used to remove water 
soluble contaminants, such as grease, oils, waxes, carbon deposits, 
fluxes, and tars from metal, plastic, glass, and other surfaces. 
Emissions of VOCs occur as a result of evaporation from storage and 
handling, and use of fresh and spent solvents. Solvents that are not 
recycled or disposed of may eventually be emitted to the atmosphere. 
Solvent degreasing operations may utilize one of the three methods of 
cleaning an article: (1) Use of cold cleaner degreaser, (2) an open top 
degreaser, or (3) the use of a conveyor degreaser system.

II. What revision did the State request be incorporated into the SIP?

    IDEM has requested the following revisions to Indiana's SIP:

Rule 326 IAC 8-3, ``Organic Solvent Degreasing Operation''

    IDEM revised 326 IAC 8-3 as follows: (1) Exemptions were added to 
326 IAC 8-3-1, (2) sections 326 IAC 8-3-5, 326 IAC 8-3-6, and 326 IAC 
8-3-7 were repealed and consolidated into sections 326 IAC 8-3-2, 326 
IAC 8-3-3, and 326

[[Page 43262]]

IAC 8-3-4, and (3) the one (1) millimeter of mercury (mm Hg) solvent 
vapor pressure restriction for cold cleaner degreasers was made state-
wide. The applicability section of 326 IAC 8-3-1, states that it 
applies to the following: (1) All persons owning or operating 
degreasers using solvents that contain one or more VOCs located in the 
state, (2) any person who sells, offers for sale, uses, or manufactures 
solvents that contain one or more VOCs for use in cold cleaner 
degreasers. These changes are consistent with the approved SIP.
    IDEM also revised the applicability of 326 IAC 8-3-1 by adding 
certain exemptions. Section (d) of 326 IAC 8-3 states that the solvent 
degreasing operations and control requirements identified in 326 IAC 8-
3-2 through 326 IAC 8-3-4 do not apply to degreasers that: (1) Are 
required to operate and comply with 326 IAC 20-6-1 that incorporates by 
reference the National Emission Standard for Hazardous Air Pollutants 
(NESHAP) at 40 CFR 63, subpart T--for halogenated solvent cleaning 
(which controls both hazardous air pollutant (HAP) and VOC emissions; 
(2) use solvents that contains less than one percent VOC by weight. 
Also, the rule states that the solvent material requirements in section 
8 of 326 IAC 8-3, do not apply to degreasers that: (1) Are required to 
operate and comply with 326 IAC 20-15-1 that incorporates by reference 
the NESHAP at 40 CFR 63, subpart GG--for aerospace manufacturing & 
rework facilities not located in Clark, Floyd, Lake, or Porter County; 
or (2) use solvents that contain less than one percent VOC by weight.
    These changes are acceptable and approvable into Indiana's SIP for 
the following reasons: (1) The NESHAP in 40 CFR 63, subpart T--for 
halogenated solvent cleaning has similar operational requirements to 
those in 326 IAC 8-3-2 thru 8-4, (2) the aerospace manufacturing 
exemption from the 1 mm Hg vapor pressure limitation does not relax 
this requirement where it previously applied in Clark, Floyd, Lake, and 
Porter counties and (3) sources that primarily use water-borne solvents 
for cleaning, containing less than one percent VOC by weight, will emit 
less VOCs than those using VOCs that comply with the operational 
requirements of this rule.
    In order to streamline the structure of the rule, IDEM repealed 
sections 326 IAC 8-3-5, 326 IAC 8-3-6, and 326 IAC 8-3-7 to consolidate 
rule requirements into sections 326 IAC 8-3-2 (Cold cleaner degreaser 
operation), 326 IAC 8-3-3 (Open top vapor degreaser operation), and 326 
IAC 8-3-4 (Conveyorized degreaser operation). This consolidation 
clarifies the rule language and its requirements. These changes are 
consistent with the approved SIP.
    Lastly, the revisions to 326 IAC 8-3 extend the solvent material 
requirements applicable to users, providers, and manufacturers of 
solvents for use in cold cleaner degreasers at 328 IAC 8-3-8, on and 
after January 1, 2015, state-wide. Indiana's solvent degreasing 
operation rule contains a cold cleaning solvent vapor pressure limit 
that stipulates--``no person shall operate a cold cleaner degreaser 
with a solvent vapor pressure that exceeds one (1) millimeter of 
mercury measured at twenty (20) degrees Celsius.'' Previously, this 
rule requirement only applied to cold cleaning degreaser operations 
located in Clark, Floyd, Lake, and Porter counties. Limiting the 
solvent vapor pressure to 1 mmHg on a state-wide basis would strengthen 
Indiana's SIP to reduce emission of VOCs and the formation of ozone 
from cold cleaner degreaser operations.

Rule 326 IAC 1-2-18.5, Definition of ``Cold Cleaner Degreaser''

    IDEM made a minor revision to its definition of cold cleaner 
degreaser. Currently in SIP rule 326 IAC 1-2-18.5, a ``cold cleaner 
degreaser'' means a tank containing organic solvent at a temperature 
below the boiling point of the solvent that is used to spray, brush, 
flush, or immerse an article for the purpose of cleaning or degreasing 
the article. The rule has been revised by adding language to clarify 
that the definition of a cold cleaner degreaser does not include the 
activity of wiping to clean the article.
    EPA finds that the revisions to Indiana's organic solvent 
degreasing operation rule at 326 IAC 8-3, and the definition of cold 
cleaner degreaser at 1-2-18.5, are acceptable, and approvable into the 
Indiana SIP. Much of the revised rule is consistent with the approved 
SIP. The main revision expands the 1 mmHg vapor pressure restriction 
for cold cleaning degreasers from only applying to Clark, Floyd, Lake, 
and Porter counties to the entire state.

III. What action is EPA taking today and what is the basis for this 
action?

    EPA is approving the March 14, 2013, request by Indiana to revise 
the SIP's solvent degreasing operation rule at 326 IAC 8-3, and the 
definition of cold cleaner degreaser at 326 IAC 1-2-18.5.
    We are publishing this action without prior proposal because we 
view this as a noncontroversial amendment and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the state plan if relevant adverse 
written comments are filed. This rule will be effective September 23, 
2014 without further notice unless we receive relevant adverse written 
comments by August 25, 2014. If we receive such comments, we will 
withdraw this action before the effective date by publishing a 
subsequent document that will withdraw the final action. All public 
comments received will then be addressed in a subsequent final rule 
based on the proposed action. The EPA will not institute a second 
comment period. Any parties interested in commenting on this action 
should do so at this time. Please note that if EPA receives adverse 
comment on an amendment, paragraph, or section of this rule and if that 
provision may be severed from the remainder of the rule, EPA may adopt 
as final those provisions of the rule that are not the subject of an 
adverse comment. If we do not receive any comments, this action will be 
effective September 23, 2014.

IV. 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);

[[Page 43263]]

     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 September 23, 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 or action. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the proposed 
rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that EPA can withdraw this direct final rule and address the comment in 
the proposed rulemaking. 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, Emissions 
Reporting, Incorporation by reference, Ozone, Volatile organic 
compounds.

    Dated: July 14, 2014.
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:
0
a. Revising the entry for 1-2-18.5 under ``Article 1. General 
Provisions,'' ``Rule 2. Definitions.''
0
b. Revising the entries for ``Rule 3. Organic Solvent Degreasing 
Operations'' under the subheading entitled ``Article 8. Volatile 
Organic Compound Rules''.
    The revised text reads as follows:


Sec.  52.770  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Indiana Regulations
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                                                           Indiana
         Indiana citation                 Subject         effective     EPA approval date           Notes
                                                             date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
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                                          Article 1. General Provisions
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                               Rule 2. Definitions
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
1-2-18.5.........................  ``Cold cleaner           3/1/2013  7/25/2014, [INSERT    ....................
                                    degreaser'' defined.               Federal Register
                                                                       CITATION].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                   Article 8. Volatile Organic Compound Rules
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                  Rule 3. Organic Solvent Degreasing Operations
----------------------------------------------------------------------------------------------------------------
8-3-1............................  Applicability and        3/1/2013  7/25/2014, [INSERT    ....................
                                    Exemptions.                        Federal Register
                                                                       CITATION].

[[Page 43264]]

 
8-3-2............................  Cold cleaner             3/1/2013  7/25/2014, [INSERT    ....................
                                    degreaser control                  Federal Register
                                    equipment and                      CITATION].
                                    operating
                                    requirements.
8-3-3............................  Open top vapor           3/1/2013  7/25/2014, [INSERT    ....................
                                    degreaser operation.               Federal Register
                                                                       CITATION].
8-3-4............................  Conveyorized             3/1/2013  7/25/2014, [INSERT    ....................
                                    degreaser control                  Federal Register
                                    equipment and                      CITATION].
                                    operating
                                    requirements.
8-3-5............................  Cold cleaner             3/1/2013  7/25/2014, [INSERT    ....................
                                    degreaser operation                Federal Register
                                    and control                        CITATION].
                                    (Repealed).
8-3-6............................  Open top vapor           3/1/2013  7/25/2014, [INSERT    ....................
                                    degreaser operation                Federal Register
                                    and control                        CITATION].
                                    requirements
                                    (Repealed).
8-3-7............................  Conveyorized             3/1/2013  7/25/2014, [INSERT    ....................
                                    degreaser operation                Federal Register
                                    and control                        CITATION].
                                    (Repealed).
8-3-8............................  Material                 3/1/2013  7/25/2014, [INSERT    ....................
                                    requirements for                   Federal Register
                                    cold cleaner                       CITATION].
                                    degreasers.
 
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[FR Doc. 2014-17476 Filed 7-24-14; 8:45 am]
BILLING CODE 6560-50-P