[Federal Register Volume 84, Number 46 (Friday, March 8, 2019)]
[Proposed Rules]
[Pages 8491-8492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04161]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2018-0625; FRL-9990-46-Region 5]


Air Plan Approval; Indiana; Volatile Organic Liquid Storage Tank 
Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the Indiana Administrative Code (IAC) rule 
entitled ``Volatile Organic Liquid Storage Vessels'' as part of 
Indiana's State Implementation Plan (SIP). This rule has been revised 
to: allow sources to use an alternative inspection method to 
demonstrate compliance, address an inconsistency in the language 
regarding the calculation of maximum true vapor pressure (MTVP), exempt 
sources complying with the National Emission Standards for Hazardous 
Air Pollutants (NESHAPS) requirements for storage tanks equipped with 
floating roofs, clarify language, update references, correct certain 
errors, and address standard language and style changes that have 
occurred over time since the rule was last revised.

DATES: Comments must be received on or before April 8, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2018-0625, at http://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental 
Engineer, Attainment Planning and Maintenance Section, Air Programs 
Branch (AR-18J), U.S. Environmental Protection Agency, Region 5, 77 
West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-1767, 
[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 revisions has Indiana made to rule 326 IAC 8-9 and are they 
approvable?
II. What action is EPA proposing?
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. What revisions has Indiana made to rule 326 IAC 8-9 and are they 
approvable?

    On May 3, 1995, the Indiana Department of Environmental Management 
(IDEM) adopted 326 IAC 8-9 to control emissions from volatile organic 
liquid (VOL) storage vessels and to satisfy Clean Air Act (CAA) 
requirements to adopt Volatile Organic Compound (VOC) Reasonably 
Available Control Technology (RACT) rules. EPA approved 326 IAC 8-9 
into the Indiana SIP on January 17, 1997 (62 FR 2593).
    On August 20, 2018, IDEM submitted an amended 326 IAC 8-9, 
requesting that EPA approve the rule amendments as a revision to the 
Indiana SIP. On September 28, 2018, IDEM supplemented the submittal 
with an email clarifying its interpretation of 326 IAC 8-9-6(i)(3). The 
following summarizes the substantive rule revisions and discusses 
whether these rule revisions are approvable as SIP revisions.
    Where we note ``this rule'' or ``the rule,'' unless otherwise 
noted, we mean 326 IAC 8-9.

326 IAC 8-9

326 IAC 8-9-1 Applicability

    Paragraphs (c), (e), and (f) were added to clarify that this rule 
applies to all stationary vessels that store a VOL regardless of the 
capacity or maximum true vapor pressure of the VOL stored. Paragraph 
(c) was added to clarify that stationary vessels with a capacity 
greater than or equal to 39,000 gallons that store a VOL with a maximum 
true vapor pressure less than 0.5 pound per square inch absolute (psia) 
are subject to the appropriate recordkeeping and reporting requirements 
of section 6 of this rule (326 IAC 8-9-6). Paragraph (e) was added to 
clarify that stationary vessels with a capacity greater than or equal 
to 39,000 gallons that store a VOL with a maximum true vapor pressure 
greater than or equal to 0.75 psia but less than 11.1 psia are subject 
to the corresponding standards in section 4 of this rule (326 IAC 8-9-
4), the appropriate testing procedures of section 5 of this rule (326 
IAC 8-9-5), and the appropriate recordkeeping and reporting 
requirements of section 6 of this rule. Paragraph (f) was added to 
clarify that stationary vessels with a capacity greater than or equal 
to 39,000 gallons that store a VOL with a maximum true vapor pressure 
greater than or equal to 11.1 psia are subject to the corresponding 
standards in section 4 of this rule, the appropriate testing procedures 
of section 5 of this rule, and the appropriate recordkeeping and 
reporting requirements of section 6 of this rule. These revisions are 
approvable because they simply clarify that this rule applies to all 
stationary vessels that store a VOL regardless of the capacity or 
maximum true vapor pressure of the VOL stored.

326 IAC 8-9-2 Exemptions

    This section of the rule lists vessels that are exempt. After the 
rule was initially adopted by the state, EPA promulgated National 
Emission Standards for Storage Vessels (tanks)--Control Level 2, at 40 
CFR subpart WW, 40 CFR 63.1060-63.1067. IDEM subsequently added an 
exemption for sources complying with the control requirements in 40 CFR 
63.1063, which contains floating roof requirements for storage vessels 
subject to subpart WW. These requirements are as stringent as RACT; 
therefore, this revision is approvable.

326 IAC 8-9-3 Definitions

    IDEM revised the definition of ``maximum true vapor pressure'' to 
eliminate a description of how the maximum true vapor pressure of a VOL 
is determined. Previously, sections 8-9-3 and 8-9-6 of the rule 
contained conflicting provisions with respect to the methods of 
calculating maximum true vapor pressure. Section 8-9-6 has been revised 
to contain the proper procedures for determining the maximum true vapor 
pressure. Therefore, it is acceptable to remove the procedure from 
section 8-9-3.
    IDEM added the following definition: `` `Seal gap' means the gap 
areas and maximum gap widths between the: (A) primary seal and the wall 
of the vessel;

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and (B) secondary seal and the wall of the vessel.'' The definition is 
acceptable.

326 IAC 8-9-4 Standards

    This section has been revised to clarify that equivalent control 
systems must be approved by IDEM and EPA. Indiana also clarified that 
automatic bleeder vents and rim vents must be equipped with a gasket.

326 IAC 8-9-5 Testing and Procedures

    This section sets forth an inspection process for each affected 
tank. Previously, the rule required tanks to be emptied, degassed, 
inspected and then refilled at specific time intervals. IDEM revised 
the rule to allow alternative inspection methods so that tanks can be 
inspected while still in use, rather than emptying for the purpose of 
inspection. If the tank has not been emptied and degassed within the 
required inspection period, sources are required to inspect the vessel 
while in service in accordance with EPA's subpart WW requirements at 40 
CFR 63.1063(d)(1)(i) through 40 CFR 63.1063(d)(1)(v). In addition, 
sources are required to perform an internal out-of-service inspection 
in accordance with EPA's Standards of Performance for Volatile Organic 
Liquid Storage Vessels (including Petroleum Liquid Storage Vessels) for 
Which Construction, Reconstruction, or Modification Commenced After 
July 23, 1984, codified at 40 CFR 60.113b(a)(4), each time the vessel 
is emptied and degassed. This revision is approvable because requiring 
sources to empty and degas storage tanks for the sole purpose of 
inspection results in greater VOC emissions than inspecting the tanks 
while in service.

326 IAC 8-9-6 Recordkeeping and Reporting Requirements

    Paragraphs (i) and (j) of this section set forth specific methods 
for determining the maximum true vapor pressure of VOLs. IDEM revised 
these sections to include updated references to the appropriate test 
methods and to clarify that any equivalent method for determining 
maximum true vapor pressure must be approved by both IDEM and EPA.
    In revising these paragraphs, Indiana inadvertently retained the 
phrase ``For other liquids,'' at the beginning of 326 IAC 8-9-6(i)(3), 
which refers to former section 326 IAC 8-9-6(i)(2) which IDEM has 
deleted from its rule. In a September 28, 2018 email, IDEM clarified 
that it will disregard this phrase when interpreting and/or 
implementing 326 IAC 8-9-6(i). In fact, given the state's deletion of 
326 IAC 8-9-6(i)(2), this phrase no longer has any meaning.

II. What action is EPA proposing?

    EPA is proposing to approve revisions to Indiana's SIP pursuant to 
section 110 and part D of the CAA because Indiana's August 20, 2018 
submission of rule 326 IAC 8-9, as supplemented on September 28, 2018, 
is consistent with the requirements of the CAA.

III. Incorporation by Reference

    In this rule, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference Indiana rule 326 IAC 8-9 Volatile Organic Liquid Storage 
Vessels, effective July 16, 2018. EPA has made, and will continue to 
make, these documents generally available through www.regulations.gov 
and at the EPA Region 5 Office (please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section of this preamble for more 
information).

IV. Statutory and Executive Order Reviews

    Under the CAA the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA 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 CAA. 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 Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

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: February 21, 2019.
Cheryl L Newton,
Acting Regional Administrator, Region 5.
[FR Doc. 2019-04161 Filed 3-7-19; 8:45 am]
BILLING CODE 6560-50-P