Proposed Rule2023-18705
Air Plan Approval; Indiana; Volatile Organic Compounds; Cold Cleaner Degreasing
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 30, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve revisions to the volatile organic compound (VOC) rules contained in the Indiana State Implementation Plan (SIP). Indiana modified its rules to provide an additional option for compliance with the volatile organic compound (VOC) vapor pressure limit for solvents used in cold cleaning degreasing operations. In addition, rule language was updated for clarity and consistency.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 167 (Wednesday, August 30, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 167 (Wednesday, August 30, 2023)]
[Proposed Rules]
[Pages 59834-59836]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-18705]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2021-0477; FRL-9848-01-R5]
Air Plan Approval; Indiana; Volatile Organic Compounds; Cold
Cleaner Degreasing
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the volatile organic compound (VOC) rules
contained in the Indiana State Implementation Plan (SIP). Indiana
modified its rules to provide an additional option for compliance with
the volatile organic compound (VOC) vapor pressure limit for solvents
used in cold cleaning degreasing operations. In addition, rule language
was updated for clarity and consistency.
DATES: Comments must be received on or before September 29, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2021-0477 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#e1838d808a8d8498cf91808c848d80a1849180cf868e97"><span class="__cf_email__" data-cfemail="0b69676a60676e72257b6a666e676a4b6e7b6a256c647d">[email protected]</span></a>. For comments submitted at <a href="http://Regulations.gov">Regulations.gov</a>,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. 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 <a href="https://www2.epa.gov/dockets/commenting-epa-dockets">https://www2.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer,
Control Strategies Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 886-6524, <a href="/cdn-cgi/l/email-protection#e3918296cd8e8297978b8694a3869382cd848c95"><span class="__cf_email__" data-cfemail="c8baa9bde6a5a9bcbca0adbf88adb8a9e6afa7be">[email protected]</span></a>. The EPA Region 5
office is open from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding Federal holidays and facility closures due to COVID-19.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background
On July 14, 2021, Indiana submitted a request to revise the VOC
rules in its SIP. The revisions are to the 326 Indiana Administrative
Code (IAC) Article 8 Volatile Organic Compound rules. Indiana submitted
revisions to the following: 326 IAC 8-3-1, ``Applicability and
exemptions''; 326 IAC 8-3-2, ``Cold cleaner degreaser control equipment
and operating requirements''; 326 IAC 8-3-3, ``Open top vapor degreaser
operation''; 326 IAC 8-3-4, ``Conveyorized degreaser control equipment
and operating requirements''; and 326 IAC 8-3-8, ``Material
requirements for cold cleaner degreasers''.
Indiana's July 14, 2021, submission, included a previous version of
326 IAC 8-3-1, effective on June 9, 2021. EPA found concerns with that
version of 326 IAC 8-3-1(a)(1) as it added qualifying language so that
the rules would only apply to sources ``with the potential to emit VOC
emissions of greater than or equal to fifteen (15) pounds per day.''
This would constitute a relaxation of the Clean Air Act (CAA)
requirement for VOC reasonably available control technology.\1\
---------------------------------------------------------------------------
\1\ EPA has made it clear that general exemptions for small cold
cleaner degreasing operations are not allowed. See Memorandum from
Richard Rhoads, EPA OAQPS, to Director, Air and Hazardous Materials
Division, Regions I to X, Clarification of Degreasing Regulation
Requirements, September 7, 1978. See 2-24, Solvent Metal Cleaning,
in the ``Issues Relating to VOC Regulation Cut Points, Deficiencies,
And Deviations'' guidance, as revised on January 11, 1990.
---------------------------------------------------------------------------
On January 23, 2023, Indiana submitted a revised version of 326 IAC
8-3-1, effective January 4, 2023, which removed the exemption language
from 326 IAC 8-3-1(a)(1).
Indiana's current SIP VOC rules require sources operating cold
cleaning degreasers to, among other things, use low vapor pressure
solvent, not to exceed 1 millimeter of mercury (mm Hg) at 20 degrees
Celsius, for cleaning or degreasing machine parts. These low vapor
pressure solvents do not work well for some industries. These rules
also allow sources to operate control systems that demonstrate
equivalent or better emissions control with approval from both Indiana
and EPA.
Indiana revised the control requirements for sources that use a
solvent with a vapor pressure exceeding 1 mm Hg in 326 IAC 8-3-3, 326
IAC 8-3-4, and 326 IAC 8-3-8. The revised rules require VOC emission
control with a capture efficiency of at least 90 percent. The control
device must also either have at least a 90 percent destruction
efficiency or have a VOC emission outlet concentration of less than 50
parts per million by volume. Indiana's rules also require compliance
procedures. The changes replace the previously approved provision
allowing an alternate VOC emission control system with approval of both
Indiana and EPA in 326 IAC 8-3-3 and 326 IAC 8-3-4. This VOC control
system requirement is an additional option in 326 IAC 8-3-8.
Indiana noted that, for some companies, the use of low vapor
pressure solvents under 1 mm Hg results in poor performance and solvent
contamination. Such sources cannot recycle the solvent because of the
potential contamination. Such sources will thus often hand-clean
machine parts, which results in all the solvent evaporating and thus
being emitted into the air. Indiana further noted that hand-cleaning
also produces a large amount of material that usually must be managed
as hazardous waste, as the rags are contaminated with solvent and ink.
Instead, the revised rules set parameters for control systems that
specify standard VOC capture and control requirements for all users,
which are expected to reduce the amount of solvent used and the amount
of hazardous waste generated.
[[Page 59835]]
II. What is EPA's analysis of the VOC rule revisions?
EPA considered the revisions in the latest version of 326 IAC 8-3-1
along with previously submitted revisions to 326 IAC 8-3-2, 326 IAC 8-
3-3, 326 IAC 8-3-4, and 326 IAC 8-3-8 for approval into the Indiana
SIP.
EPA finds it reasonable to replace the provision that allows
sources to submit a source-specific alternate for SIP approval with the
VOC control requirements added to 326 IAC 8-3-3, 326 IAC 8-3-4, and 326
IAC 8-3-8. The result is that cold cleaner degreasing operations
electing to use solvents with a vapor pressure exceeding 1 mm Hg will
all have the same VOC control requirement. EPA finds that Indiana's
revisions to 326 IAC 8-3-2, 326 IAC 8-3-3, 326 IAC 8-3-4, and 326 IAC
8-3-8 are consistent with EPA guidance. Therefore, EPA is proposing to
approve these VOC rule revisions.
Indiana revised several portions of 326 IAC 8-3-2, which provides
the general requirements for its ``Cold cleaner degreaser control
equipment and operating requirements.'' Indiana revised 326 IAC 8-3-
2(b)(1)(E) to allow a control system that is approved by Indiana and
EPA to use the VOC emission control equipment required by 326 IAC 8-3-
8(b)(3). Indiana also added the requirement that solvent spray must be
performed in an enclosed chamber to 326 IAC 8-3-2(b)(3). The addition
of an enclosed chamber is expected to capture more VOC emissions that
can be exhausted to the control device.
Indiana made administrative changes to 326 IAC 8-3-1 \2\ after
removing the qualifying language that caused a concern. Further,
Indiana made administrative revisions to 326 IAC 8-3-2, such as
changing ``ensure'' to ``comply with,'' ``could'' to ``would,'' and
renumbering subsections. Indiana made additional administrative
revisions to the following, to make them consistent with its revised
control requirements: 326 IAC 8-3-3, ``Open top vapor degreaser
operation'', 326 IAC 8-3-4, ``Conveyorized degreaser control equipment
and operating requirements'', and 326 IAC 8-3-8, ``Material
requirements for cold cleaner degreasers.'' These administrative
revisions do not change the intent or stringency of the rule.
---------------------------------------------------------------------------
\2\ The version of 326 IAC 8-3-1 effective on January 4, 2023.
---------------------------------------------------------------------------
EPA evaluated the revisions under CAA 110(l) to determine whether
the revisions would be expected to interfere with attainment and
reasonable further progress of air quality standards. Indiana added
control requirements for cold cleaning degreasing operations that use a
solvent with a vapor pressure exceeding 1 mm Hg. As Indiana noted, many
such sources would have additional VOC emissions from solvent
contamination and hand cleaning of parts if required to instead use a
solvent with a vapor pressure not exceeding 1 mm Hg. Indiana also
removed the 15 pounds VOC per day exemption. Thus, under the revised
rules all sources are now required to limit VOC emissions and a control
device is now also required for certain sources. EPA expects the same
or better VOC control from cold cleaning degreasing operations under
the revised rules. The emission limits of criteria pollutants remain
unchanged. EPA does not find any reason to expect interference with
attainment of any air quality standard.
III. What action is EPA taking?
EPA is proposing to approve Indiana's VOC control rule sections 326
IAC 8-3-1, 326 IAC 8-3-2, 326 IAC 8-3-3, 326 IAC 8-3-4, and 326 IAC 8-
3-8 as revisions to the Indiana SIP.
IV. 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 Title 326 of the Indiana Administrative Code Article 8, Rule
3, Section 1 Applicability and exemptions, effective January 4, 2023;
Section 2 Cold cleaner degreaser control equipment and operating
requirements, effective June 9, 2021; Section 3 Open top vapor
degreaser operation, effective June 9, 2021; Section 4 Conveyorized
degreaser control equipment and operating requirements, effective June
9, 2021; and Section 8 Material requirements for cold cleaner
degreasers, effective June 9, 2021, discussed in section II. of this
preamble. EPA has made, and will continue to make, these documents
generally available through <a href="http://www.regulations.gov">www.regulations.gov</a> 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).
V. 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:
<bullet> 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), 13563 (76 FR 3821, January 21, 2011), and
14094 (88 FR 21879, April 11, 2023);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<bullet> 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.
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).
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
[[Page 59836]]
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
Indiana did not evaluate EJ considerations as part of its SIP
submittal; the CAA and applicable implementing regulations neither
prohibit nor require such an evaluation. EPA did not perform an EJ
analysis and did not consider EJ in this action. Due to the nature of
the action being taken here, this action is expected to have a neutral
to positive impact on the air quality of the affected area.
Consideration of EJ is not required as part of this action, and there
is no information in the record inconsistent with the stated goal of
E.O. 12898 of achieving environmental justice for people of color, low-
income populations, and Indigenous peoples.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: August 24, 2023.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2023-18705 Filed 8-29-23; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on August 30, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.