[Federal Register Volume 79, Number 143 (Friday, July 25, 2014)]
[Rules and Regulations]
[Pages 43260-43264]
[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).

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_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    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,<PHONE_NUMBER><EMAIL_ADDRESS>
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

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);

     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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                                                  * * * * * * *
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                                          Article 1. General Provisions
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                                                  * * * * * * *
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                                               Rule 2. Definitions
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                                                  * * * * * * *
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1-2-18.5.........................  ``Cold cleaner           3/1/2013  7/25/2014, [INSERT    ....................
                                    degreaser'' defined.               Federal Register
                                                                       CITATION].

                                                  * * * * * * *
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                                   Article 8. Volatile Organic Compound Rules
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
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                                  Rule 3. Organic Solvent Degreasing Operations
----------------------------------------------------------------------------------------------------------------
8-3-1............................  Applicability and        3/1/2013  7/25/2014, [INSERT    ....................
                                    Exemptions.                        Federal Register
                                                                       CITATION].

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