Rule2023-27552
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
December 18, 2023
Effective
January 17, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving revisions to the volatile organic compound (VOC) rules contained in the Indiana State Implementation Plan (SIP). The Indiana Department of Environmental Management (Indiana) modified its rules to allow the use of a VOC control device for cold cleaning degreasing operations as a compliance option to using low vapor pressure solvent for cleaning or degreasing machine parts. Rule language was also updated for clarity and consistency. EPA proposed to approve this action on August 30, 2023, and received no adverse comments.
Full Text
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<title>Federal Register, Volume 88 Issue 241 (Monday, December 18, 2023)</title>
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[Federal Register Volume 88, Number 241 (Monday, December 18, 2023)]
[Rules and Regulations]
[Pages 87359-87360]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-27552]
[[Page 87359]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2021-0477; FRL-9848-02-R5]
Air Plan Approval; Indiana; Volatile Organic Compounds; Cold
Cleaner Degreasing
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to the volatile organic compound (VOC) rules contained in the
Indiana State Implementation Plan (SIP). The Indiana Department of
Environmental Management (Indiana) modified its rules to allow the use
of a VOC control device for cold cleaning degreasing operations as a
compliance option to using low vapor pressure solvent for cleaning or
degreasing machine parts. Rule language was also updated for clarity
and consistency. EPA proposed to approve this action on August 30,
2023, and received no adverse comments.
DATES: This final rule is effective on January 17, 2024.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2021-0477. All documents in the docket are listed on
the <a href="http://www.regulations.gov">www.regulations.gov</a> website. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
through <a href="http://www.regulations.gov">www.regulations.gov</a> or 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 and facility
closures due to COVID-19. We recommend that you telephone Matt Rau, at
(312) 886-6524 before visiting the Region 5 office.
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#eb998a9ec5868a9f9f838e9cab8e9b8ac58c849d"><span class="__cf_email__" data-cfemail="80f2e1f5aeede1f4f4e8e5f7c0e5f0e1aee7eff6">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background Information
On August 30, 2023 (88 FR 59834), EPA proposed to approve into the
Indiana SIP revisions to 326 Indiana Administrative Code (IAC) Article
8 Volatile Organic Compound Rules sections 326 IAC 8-3-1
``Applicability and exemptions'', effective January 4, 2023, and 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'', effective June 9, 2021. An explanation of the
Clean Air Act (CAA) requirements, a detailed analysis of the revisions,
and EPA's reasons for proposing approval were provided in the notice of
proposed rulemaking (88 FR 59834) and will not be restated here. The
public comment period for this proposed rule ended on September 29,
2023.
During the comment period, EPA received two comments that expressed
support for the proposed VOC rule revisions. Therefore, EPA is
finalizing our action as proposed.
II. Final Action
EPA is approving 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.
III. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Indiana
Regulations described in section I of this preamble and set forth in
the amendments to 40 CFR part 52 below. 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). Therefore, these materials have
been approved by EPA for inclusion in the SIP, have been incorporated
by reference by EPA into that plan, are fully federally enforceable
under sections 110 and 113 of the CAA as of the effective date of the
final rulemaking of EPA's approval, and will be incorporated by
reference in the next update to the SIP compilation.\1\
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\1\ 62 FR 27968 (May 22, 1997).
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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:
<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), 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).
[[Page 87360]]
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,
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. 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.
This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by February 16, 2024. 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. 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, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: December 11, 2023.
Debra Shore,
Regional Administrator, Region 5.
For the reasons stated in the preamble, title 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 revising
the entries for ``8-3-1'', ``8-3-2'', ``8-3-3'', ``8-3-4'', and ``8-3-
8'' under ``Article 8. Volatile Organic Compound Rules'', ``Rule 3.
Organic Solvent Degreasing Operations'' to read as follows:
Sec. 52.770 Identification of plan.
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(c) * * *
EPA-Approved Indiana Regulations
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Indiana
Indiana citation Subject effective date EPA approval date Notes
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Article 8. Volatile Organic Compound Rules
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Rule 3. Organic Solvent Degreasing Operations
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8-3-1........................ Applicability and 1/4/2023 12/18/2023, [INSERT
Exemptions. FEDERAL REGISTER
CITATION].
8-3-2........................ Cold cleaner 6/9/2021 12/18/2023, [INSERT
degreaser control FEDERAL REGISTER
equipment and CITATION].
operating
requirements.
8-3-3........................ Open top vapor 6/9/2021 12/18/2023, [INSERT
degreaser operation. FEDERAL REGISTER
CITATION].
8-3-4........................ Conveyorized 6/9/2012 12/18/2023, [INSERT
degreaser control FEDERAL REGISTER
equipment and CITATION].
operating
requirements.
* * * * * * *
8-3-8........................ Material requirements 6/9/2021 12/18/2023, [INSERT
for cold cleaner FEDERAL REGISTER
degreasers. CITATION].
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[FR Doc. 2023-27552 Filed 12-15-23; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on December 18, 2023.
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