Approval and Promulgation of Implementation Plans; Indiana

SUMMARY: On January 10, 1995, the USEPA proposed to conditionally

approve a State Implementation Plan (SIP) revision request submitted by

the State of Indiana, governing the control of Volatile Organic

Compound (VOC) emissions from graphic arts facilities with the

potential to emit 25 tons per year or more of VOC, as part of the

Reasonably Available Control Technology (RACT) Catch-Up requirements

for the Indiana severe ozone nonattainment area (Lake and Porter

Counties). Public comments were solicited on the proposed SIP revision,

and on USEPA's proposed rulemaking action. The public comment period

ended on February 10, 1995, and no public comments were received. This

rulemaking action conditionally approves, in final, this SIP revision

request for Indiana.

EFFECTIVE DATE: This final rulemaking becomes effective on June 5,

1995.

ADDRESSES: Copies of the State's submittal, and other materials

relating to this rulemaking are available at the following address for

review: United States Environmental Protection Agency, Region 5, Air

and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois

60604.

The docket may be inspected between the hours of 8:30 a.m. and 12

noon and from 1:30 p.m. until 3:30 p.m. Monday through Friday. A

reasonable fee may be charged by the USEPA for copying docket material.

A copy of this SIP revision is available for inspection at: Office

of Air and Radiation (OAR), Docket and Information Center (Air Docket

6102), room 1500, U.S. Environmental Protection Agency, 401 M Street,

SW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Mark J. Palermo, Regulation

Development Branch, Regulation Development Section (AR-18J), U.S.

Environmental Protection Agency, Region 5, Chicago, Illinois 60604,

(312) 886-6082.

Anyone wishing to visit the Region 5 offices should first contact

Mark J. Palermo.

SUPPLEMENTARY INFORMATION:

Background

The State of Indiana submitted a revision request for its ozone SIP

on February 25, 1994, amending the graphic arts rule. The amendments

for graphic arts (326 IAC 8-5-5) function to reduce the source size

applicability cut-off for graphic arts facilities located in the severe

ozone nonattainment area (Lake and Porter Counties) from 100 to 25 tons

of VOC per year (potential to emit) as required by the Clean Air Act

(the Act), as amended in 1990. The USEPA's preliminary analysis of this

submittal found that although the revision was generally acceptable,

the recordkeeping and reporting requirements, contained in 326 IAC 8-1-

2, do not provide for adequate enforcement of the graphic arts rule.

USEPA has provided the Indiana Department of Environmental Management

with a copy of the June 1992 Model VOC Rules, on which USEPA based its

analysis. Indiana submitted to USEPA a letter dated December 14, 1994,

committing to the necessary rule revision. In accordance with an

attached schedule, Indiana expects a final rule to be adopted and

submitted to USEPA by January 31, 1996.

Final Rulemaking Action

The USEPA conditionally approves the Indiana requested ozone SIP

revision, rule 326 IAC 8-5-5, governing the control of VOC emissions

from graphic arts facilities located in the Indiana severe ozone

nonattainment area (Lake and Porter Counties) which have the potential

to emit 25 tons per year or more of VOC, submitted on February 25,

1994. The conditional approval is based on the State's commitment,

submitted in a letter on December 14, 1994, to correct deficiencies to

Indiana's recordkeeping and reporting requirements, contained in 326

IAC 8-1-2, by January 31, 1996.

In order to correct the necessary deficiencies, the State must meet

three requirements. The first requirement is for the monitoring,

recordkeeping and reporting (MRR) requirements in the Indiana rules to

be made more comprehensive to include more than: (1) Daily volume-

weighted averages of all coatings applied in a coating or printing

line; and (2) records of daily usage of gallons of solids coating and

VOC content for each coating or ink solvent. Alternatively, when a

source complies by using control devices, then records of monitoring

parameters and other information must also be kept. The MRR

requirements should also specify a period of time (i.e., 5 years)

during which records shall be maintained at the facility (See June 1992

Model VOC Rules).

The second requirement is for the Indiana rules to be revised to

require maintenance of records and reports of new or existing control

devices. Records and reports that should be maintained include

monitoring data, calibration and maintenance logs, and logs of

operating time (See Model VOC Rules).

The third requirement is for the Indiana rules to be revised to

require the maintenance of records and reports for exempt sources such

as: Information pertaining to the initial certification, calculations

demonstrating that total potential emissions of VOC from all

flexographic and rotogravure printing presses at the facility will be

less than the required limits for each year, the maintenance of record

for a period of 5 years, and the requirement that any exceedances will

be reported to the Administrator within 30 days after the exceedance

occurs. Exempt sources should calculate: (1) Yearly potential

emissions, (2) yearly actual emissions, and (3) the name,

identification, VOC content, and yearly volume of coatings/inks (see

Model VOC Rules). If the State ultimately fails to meet its commitment

to meet these requirements within one year of final conditional

approval, then USEPA's action for the State's requested SIP revision

will automatically convert to a final disapproval.

This action has been classified as a Table 3 action by the Regional

Administrator under the procedures published in the Federal Register on

January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993,

memorandum from Michael H. Shapiro, Acting Assistant Administrator for

Air and Radiation. The Office of Management and Budget (OMB) has

exempted this regulatory action from Executive Order 12866 review.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any SIP. Each request for revision to any SIP shall be

considered separately in light of specific technical, economic, and

environmental factors and in relation to relevant statutory and

regulatory requirements.

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 July 3, 1995. 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

[[Page 22241]] 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) of the Act.)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Incorporation by reference, Volatile organic compounds.

Dated: March 22, 1995.

David A. Ullrich,

Acting Regional Administrator.

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 reads as

follows:

Authority: 42 U.S.C. 7401-7671q.

Subpart P--Indiana

2. Section 52.769 is amended by revising the introductory text and

adding paragraph (b) to read as follows:

Sec. 52.769 Identification of plan--conditional approval.

The plan revision commitment listed in paragraphs (a) and (b) of

this section were submitted on the dates specified.

* * * * *

(b) On February 25, 1994, Indiana submitted an amendment to Title

326 of the Indiana Administrative Code (326 IAC) 8-5-5 to add Volatile

Organic Compound (VOC) Reasonably Available Control Technology (RACT)

requirements for graphic arts facilities in the Indiana severe ozone

nonattainment area (Lake and Porter Counties) which have the potential

to emit 25 tons per year or more of VOC. The United States

Environmental Protection Agency (USEPA) is conditionally approving the

State's graphic arts facilities VOC RACT rule, contingent on

fulfillment of the State's commitment to adopt and submit a State

Implementation Plan (SIP) revision that would correct deficiencies in

the State's recordkeeping and reporting requirements, contained in 326

IAC 8-1-2, by May 6, 1996. In order to correct the deficiencies, the

State must meet three requirements.

The first requirement is for the monitoring, recordkeeping and

reporting (MRR) requirements in the Indiana rules to be made more

comprehensive to include more than: Daily volume-weighted averages of

all coatings applied in a coating or printing line; and records of

daily usage of gallons of solids coating and VOC content for each

coating or ink solvent. Alternatively, when a source complies by using

control devices, then records of monitoring parameters and other

information must also be kept. The MRR requirements should also specify

a period of time (i.e., 5 years) during which records shall be

maintained at the facility. The second requirement is for the Indiana

rules to be revised to require maintenance of records and reports of

new or existing control devices. Records and reports that should be

maintained include monitoring data, calibration and maintenance logs,

and logs of operating time. The third requirement is for the Indiana

rules to be revised to require the maintenance of records and reports

for exempt sources such as: Information pertaining to the initial

certification, calculations demonstrating that total potential

emissions of VOC from all flexographic and rotogravure printing presses

at the facility will be less than the required limits for each year,

the maintenance of record for a period of 5 years, and the requirement

that any exceedance will be reported to the Administrator within 30

days after the exceedance occurs. Exempt sources should calculate:

Yearly potential emissions, yearly actual emissions, and the name,

identification, VOC content, and yearly volume of coatings/inks. If the

State ultimately fails to meet its commitment to meet these

requirements by the date listed above, then USEPA's action for the

State's requested SIP revision will automatically convert to a final

disapproval without further regulatory action.

(1) Incorporation by reference.

(i) (A) 326 IAC 8-5-5 Graphic arts operations. Filed with the

Secretary of State, August 9, 1993, effective September 8, 1993,

Published at Indiana Register, Volume 16, Number 12, September 1, 1993.

[FR Doc. 95-10974 Filed 5-3-95; 8:45 am]

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