Approval and Promulgation of Air Quality Implementation Plans; Indiana; Volatile Organic Compound Emission Control Measures for Lake and Porter Counties in Indiana, 53193-53197 [E9-24925]
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Federal Register / Vol. 74, No. 199 / Friday, October 16, 2009 / Proposed Rules
nondiscriminatory grounds. The
prohibition applies when the adverse
action occurs because the employee has
engaged in protected activities. An
employee’s engagement in protected
activities does not automatically render
him or her immune from discharge or
discipline for legitimate reasons or from
adverse action dictated by nonprohibited considerations.
(e)(1) Each contractor or
subcontractor shall prominently post
the provisions of this policy at DOEowned facilities. This form must be
posted at locations sufficient to permit
employees protected by this section to
observe a copy on the way to or from
their place of work.
(f) No agreement affecting the
compensation, terms, conditions, or
privileges of employment, including an
agreement to settle a complaint filed by
an employee with either the Department
of Labor pursuant to section 211 of the
Energy Reorganization Act of 1974, as
amended, or pursuant to a proceeding
initiated under the provisions of 10
CFR Part 708 may contain any
provision which would prohibit,
restrict, or otherwise discourage an
employee from participating in
protected activity as defined in
paragraph (a)(1) of this section
including, but not limited to, providing
information to the DOE or to his or her
employer on potential violations or
other matters within DOE’s regulatory
responsibilities.
2. Hanford Challenge calls upon DOE
to reestablish the position of Assistant
Secretary for Environment, Safety and
Health (EH) within the DOE, and give
EH the authority and the resources to set
DOE policy on the issue of all agency
and contractor employee concerns.
Specifically, the EH Assistant
Secretary—
• Should report directly to the
Secretary of Energy, and should seek to
standardize DOE policy across the
complex.
• Should be given adequate funding
and staffing and the authority to
implement policy, conduct
investigations, levy sanctions, and
order corrective actions to abate
violations.
• Should institute rules, procedures
and regulations incentivizing DOE
managers and supervisory personnel as
well as contractor and subcontractor
employers to maintain a safety
conscious work environment where
employees are free to raise employee
concerns without fear of reprisal.
• Should incentivize facilities to
conduct independent and reliable
employee surveys to measure whether
employees feel free to raise concerns
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free of reprisal on a company-bycompany basis (including at DOE) to
use as a basis for determining whether
corrective actions should be
undertaken.
EH should be responsible primarily
for setting and enforcing Departmental
policy. Other duties should include—
• Developing language to insert into
the Department of Energy Acquisition
Regulations incentivizing contractors to
maintain a safety conscious work
environment;
• Developing posters and employee
communication vehicles to distribute
for posting around the complex;
• Inspecting and evaluating each
facility in the complex to ascertain that
the standards set by the DOE in the area
of employee concerns are being reached;
• Investigating and correcting
extraordinary cases of hostile and
chilled work environments, high-profile
cases, or facilities experiencing a large
number of discrimination complaints
alleging reprisals for raising concerns.
A revitalized and effective EH is of
paramount importance for achieving
employee protection and safer work
environments.
3. Amend existing contract(s) at its
nuclear weapons production and
former nuclear materials production
sites to incentivize the establishment
and maintenance of a safety-conscious
work environment, and to put
contractors on notice that the contract
can be conditioned, suspended and/or
revoked upon a finding by the DOE that
a company has engaged in a pattern
and practice of whistleblower reprisals
or has failed to maintain a safetyconscious work environment;
This proposal follows the lead of the
NRC, which has put licensees on notice
that the license to operate the facility
hinges upon maintaining a retaliationfree work environment. As the
Department moves away from the
Management and Operating (M&O)
contracting model, and towards the
performance-based contracts, there is a
greater need to spell out DOE’s policies
in relation to prohibition against
reprisals in contract language to tie
specific awards to this performance.
Contractual financial incentives and
penalties are necessary to encourage a
climate free of reprisals. A substantial
portion of every DOE contract in the
nuclear complex should depend upon
employee freedom to report and resolve
employee concerns.
4. Address ‘‘hot spots’’ where the
chilling effect now exists, based upon
the investigative reports of the Labor
Department, Office of Special Counsel,
MSPB, OCEP, or OHA and where there
may be a strong perception among
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53193
employees that there will be reprisal.
Corrective actions could include:
Æ Training of supervisory employees
and workers by employee concerns
experts;
Æ Developing guidelines for use of
the ‘‘holding period’’ concept
recommended by the Nuclear
Regulatory Commission for contested
proposed job actions;
Æ Instituting a ‘‘personal
accountability’’ rule to hold individual
managers accountable for reprisals.
Conclusion
The current Rulemaking proposal
seeks to bring the agency’s actions and
policies in line with its statutory
mandate to protect the public health
and safety by requiring the
establishment of policies, rules and
practices that encourage employees of
the Department and its contractors to
raise and resolve employee concerns,
especially when such concerns impact
health and safety, security, or the
environment. Our proposal draws
heavily from the practices of the
Nuclear Regulatory Commission, and
seeks to adopt such policies for use at
the Department.
We urge swift consideration and
thorough deliberation of our proposal,
and look forward to a response from
your office.
[FR Doc. E9–24929 Filed 10–15–09; 8:45 am]
BILLING CODE 6450–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2009–0704; FRL–8969–5]
Approval and Promulgation of Air
Quality Implementation Plans; Indiana;
Volatile Organic Compound Emission
Control Measures for Lake and Porter
Counties in Indiana
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
SUMMARY: On September 4, 2009, the
Indiana Department of Environmental
Management (IDEM) submitted several
volatile organic compound (VOC) rules
for approval into its State
Implementation Plan (SIP). The purpose
of these rules is to satisfy the VOC
reasonably available control technology
(RACT) requirements for the Lake and
Porter portion of the Chicago-Gary-Lake
County, IL-IN, 8-hour ozone
nonattainment area. These rules are
approvable because they satisfy the
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Federal Register / Vol. 74, No. 199 / Friday, October 16, 2009 / Proposed Rules
control and enforceability requirements
of the Clean Air Act (Act), including
Indiana’s requirement to adopt VOC
RACT rules for the Control Technique
Guideline (CTG) documents issued by
EPA in 2006, 2007 and 2008.
DATES: Comments must be received on
or before November 16, 2009.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2009–0704, by one of the
following methods:
1. https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
2. E-mail: mooney.john@epa.gov.
3. Fax: (312) 692–2551.
4. Mail: John M. Mooney, Chief,
Criteria Pollutant Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: John M. Mooney,
Chief, Criteria Pollutant 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–2009–
0704. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
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 https://
www.regulations.gov or e-mail. The
https://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 e-mail comment directly
to EPA without going through https://
www.regulations.gov your e-mail
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
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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 and any form of
encryption, and be free of any defects or
viruses. For additional instructions on
submitting comments, go to Section I of
the SUPPLEMENTARY INFORMATION section
of this document.
Docket: All documents in the docket
are listed in the https://
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 https://
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 Steven Rosenthal at (312)
886–6052 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT:
Steven Rosenthal, Environmental
Engineer, Criteria Pollutant Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6052.
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 Should I Consider as I Prepare My
Comments for EPA?
II. What Action Is EPA Taking Today?
III. What Is the Purpose of This Action?
IV. What Is EPA’s Analysis of Indiana’s
Submitted VOC Rules and Negative
Declaration?
V. Statutory and Executive Order Reviews
I. What Should I Consider as I Prepare
My Comments for EPA?
When submitting comments,
remember to:
1. Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date and page number).
2. Follow directions—The EPA may
ask you to respond to specific questions
or organize comments by referencing a
Code of Federal Regulations (CFR) part
or section number.
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3. Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
4. Describe any assumptions and
provide any technical information and/
or data that you used.
5. If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
6. Provide specific examples to
illustrate your concerns, and suggest
alternatives.
7. Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
8. Make sure to submit your
comments by the comment period
deadline identified.
II. What Action Is EPA Taking Today?
EPA is proposing to approve several
new VOC rules into Indiana’s SIP
because they are consistent with the
Act, including its VOC RACT
requirements. These include source
categories for which IDEM had
previously indicated it had no sources
(negative declarations) and rules
intended to satisfy CTGs issued in 2006,
2007 and 2008. EPA is also approving
a negative declaration for the 2008 CTG
‘‘Control Technique Guidelines for
Fiberglass Boat Manufacturing
Materials’’ in which IDEM documents
that it has no sources subject to this
CTG.
III. What Is the Purpose of This Action?
The primary purpose of these rules is
to satisfy the requirement in section
182(b) of part D of title I of the Act that
VOC RACT rules be adopted for ozone
nonattainment areas. This would
include the Chicago-Gary-Lake County,
IL–IN, 8-hour ozone nonattainment area.
These rules satisfy the requirement for
VOC RACT rules for existing, pre-2006,
CTG and major non-CTG source
categories which were due on
September 15, 2006, as well as the
requirement to adopt VOC RACT rules
for the CTG documents issued by EPA
in 2006, 2007 and 2008. Section
182(b)(2)(A) of the Act provides that for
nonattainment areas classified as
moderate or above, States must revise
their SIPs to include RACT for each
category of VOC sources covered by a
CTG document issued between
November 15, 1990, and the date of
attainment.
On March 24, 2008 (73 FR 15416),
EPA made a finding that Indiana failed
to submit those VOC RACT rules which
were due on September 15, 2006, for the
Chicago-Gary-Lake County, IL–IN, 8hour ozone nonattainment area. Indiana
submitted the fully adopted required
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VOC RACT rules to EPA on September
4, 2009. Failure to submit a complete
VOC RACT submittal would have
triggered the offset sanction identified
in section 179(b)(2) of the Act on
September 24, 2009, and the highway
funding sanction in accordance with
section 179(b)(1) of the Act on March
24, 2010.
EPA would be required by section
110(c) of the Act to promulgate a
Federal Implementation Plan (FIP) if it
has not approved these VOC RACT rules
into Indiana’s SIP by March 24, 2010.
Finalization of the action proposed here
would end any obligation for EPA to
promulgate a FIP addressing this VOC
RACT requirement.
IV. What Is EPA’s Analysis of Indiana’s
Submitted VOC Rules and Negative
Declaration?
Indiana’s VOC rules for Lake and
Porter Counties are consistent with the
Act and EPA VOC RACT guidance, and
are all approvable. A brief description of
the rules that IDEM has submitted is
provided below. This description
contains information on the
applicability cutoffs, control
requirements and the relevant EPA VOC
RACT guidance. These rules all have
appropriate compliance test methods
and recordkeeping requirements.
Compliance with these rules is required
by April 11, 2011.
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(A) 326 IAC 8–2–2—Automobile and
Light Duty Truck Coating Operations
This rule requires application of new
coating limits, development of work
practice plans for coating and cleaning
operations, and is applicable to facilities
with uncontrolled emissions exceeding
15 pounds per day of VOC. These
revised requirements are based on and
consistent with the 2008 CTG document
‘‘Control Techniques Guidelines for
Automobile and Light-Duty Truck
Assembly Coatings.’’ IDEM’s
Compliance methods, in 326 IAC 8–1–
2, have also been revised to reference
EPA’s 2008 revised Automobile Topcoat
Protocol in the document ‘‘Protocol for
Determining the Daily Volatile Organic
Compound Emission Rate of
Automobile and Light-Duty Truck
Primer-Surfacer and Topcoat
Operations.’’
(B) 326 IAC 8–2–5—Paper Coating
This rule has been revised to add
more stringent coating limits that apply
to individual coating lines with
potential emissions of at least 25 tons
per year. The new limits can either be
achieved through the use of low VOC
compliant coatings or installation of
VOC control devices to achieve a 90
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percent overall VOC control efficiency,
or a combination of the two options that
is equivalent to the low VOC coating
limit. Additional solvent cleaning work
practices apply to facilities emitting at
least 15 pounds per day of uncontrolled
VOC emissions from all coating lines
and related cleaning activities at the
facility. These revisions are based on
and consistent with EPA’s 2007 CTG
‘‘Control Techniques Guidelines for
Paper, Film and Foil Coatings.’’
(C) 326 IAC 8–2–6 Metal Furniture
Coating Operations
This rule has been revised to add
more stringent coating limits by coating
type for metal furniture coating facilities
in which actual VOC emissions equal or
exceed 15 pounds per day, before addon controls. As an alternative to
complying with low VOC coating limits,
compliance can be achieved with a
capture and control device that achieves
an overall control efficiency of at least
90 percent or by using a combination of
lower VOC coatings and add-on control
that is equivalent to the low VOC
coating limit. There are also application
equipment standards, including the use
of high volume low-pressure (HVLP)
spray equipment and other application
methods equivalent to or better than
HVLP. Work practices must be
implemented that minimize VOC
emissions from mixing operations and
storage tanks and handling operations
for cleaning and coating related
materials. These revisions are based on
and consistent with EPA’s 2007
‘‘Control Techniques Guidelines for
Metal Furniture Coatings.’’
(D) 326 IAC 8–2–7 Large Appliance
Coating Operations
This rule has been revised to add
more stringent coating limits by coating
type for large appliance coating facilities
in which actual VOC emissions equal or
exceed 15 pounds per day, before addon controls. As an alternative to
complying with low VOC coating limits,
compliance can be achieved with a
capture and control device that achieves
an overall control efficiency of at least
90 percent or by using a combination of
lower VOC coatings and add-on control
that is equivalent to the low VOC
coating limit. There are also application
equipment standards, including the use
of HVLP spray equipment and other
application methods equivalent to or
better than HVLP. Work practices must
be implemented that minimize VOC
emissions from mixing operations and
storage tanks and handling operations
for cleaning and coating related
materials. These revisions are based on
and consistent with EPA’s 2007
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53195
‘‘Control Techniques Guidelines for
Large Appliance Coatings.’’
(E) 326 IAC 8–2–9 Miscellaneous Metal
and Plastic Parts Coating Operation
This rule has been revised to add VOC
limits for a number of different
miscellaneous metals and plastic parts
coating limitations at facilities in which
actual VOC emissions equal or exceed
15 pounds per day, before add-on
controls, from all such coating
operations. The categories covered
include metal parts and products (not
covered by another metal coating rule
for a specific source category, e.g. can
coating), plastic parts and products,
automotive/transportation coatings,
business machines, motor vehicle
materials, and pleasure craft surface
coating. As alternatives to complying
with low VOC coating limits,
compliance can be achieved with a
capture and control device that achieves
an overall control efficiency of at least
90 percent or by using a combination of
lower VOC coatings and add-on control
that is equivalent to the low VOC
coating limit. The two low-VOC options
also require the use of specific
application methods, including the use
of HVLP spray equipment and other
application methods equivalent to or
better than HVLP. Work practices must
be implemented that minimize VOC
emissions from mixing operations and
storage tanks and handling operations
for cleaning and coating related
materials. These revisions are based on
and consistent with EPA’s 2008
‘‘Control Techniques Guidelines for
Miscellaneous Metal and Plastic Parts
Coatings.’’
(F) 326 IAC 8–2–10
Flat Wood Panel
This rule has been revised to add
more stringent coating limits by coating
type for flat wood panel manufacturing
facilities in which actual VOC emissions
equal or exceed 15 pounds per day,
before add-on controls. As an alternative
to complying with low VOC coating
limits, compliance can be achieved with
a capture and control device that
achieves an overall control efficiency of
at least 90 percent or by using a
combination of lower VOC coatings and
add-on control that is equivalent to the
low VOC coating limit. Work practices
must be implemented that minimize
VOC emissions from mixing operations
and storage tanks and handling
operations for cleaning and coating
related materials. These revisions are
based on and consistent with EPA’s
2006 ‘‘Control Techniques Guidelines
for Flat Wood Paneling Coatings.’’
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(G) 326 IAC 8–5–5
Printing
Flexible Package
IDEM’s Graphic Arts rule has been
revised to include work practices to
minimize VOC emissions from cleaning
operations from all sources in which the
total VOC emissions from all flexible
printing lines equal or exceed 15
pounds per day, before add-on controls.
This rule has also been revised to
include more stringent capture and
control systems for flexible packaging
printing presses at facilities with
potential emissions of 25 tons or greater
per year, prior to controls, from inks,
coatings, and adhesives combined. The
overall control requirements vary from
65 percent to 80 percent depending on
the installation date of the press and by
the first installation date of the add-on
control device controlling the flexible
packaging printing press. This rule is
based on and consistent with EPA’s
2006 ‘‘Control Techniques Guidelines
for Flexible Package Printing.’’
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(H) 326 IAC 8–16 Offset Lithographic
Printing and Letterpress Printing
This new rule applies to offset
lithographic and letterpress printing
operations that emit three tons or more
of VOC per 12-month rolling average
before controls. Those lithographic
presses that exceed this cutoff must
control the fountain solution by
reducing the VOC content and alcohol
content of the fountain solution. Also,
both lithographic and letterpresses that
exceed this cutoff must restrict the use
of cleaning materials that exceed both a
70 percent VOC content and a VOC
composite pressure vapor pressure of 10
millimeters of Mercury (mmHg).
Individual heatset web offset
lithographic printing presses and
heatset web letterpresses with potential
emissions from the dryer ink of 25 tons
of VOC per year or greater must operate
a control system that reduces emissions
from each dryer by 90 percent or 95
percent, if installed on or after January
1, 2010, or maintain a maximum VOC
outlet concentration of 20 parts per
million by volume. Any presses that are
claimed to be exempt must keep records
documenting that their emissions are
below the applicability cutoffs. These
revisions are based on and consistent
with EPA’s 2006 CTG ‘‘Control
Techniques Guidelines for Offset
Lithographic Printing and Letterpress
Printing.’’
(I) 326 IAC 8–17 Industrial Solvent
Cleaning Operations
This new rule applies to sources that
emit three tons of VOC (or more) per 12month rolling average from all solvent
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cleaning operations. This rule limits the
VOC content of specific solvent cleaning
operations, including a general product
cleaning limit of 0.42 pounds per gallon.
As an alternative to these VOC content
limits, sources may use solvents for
industrial cleaning operations that have
a VOC composite partial vapor pressure
at or below 8 mmHG. This rule also
specifies the types of cleaning devices
and methods that can be used, including
wipe cleaning, the use of closed
containers as well as nonatomized
solvent flow. Atomizing any solvent is
generally prohibited. Work practices are
required to minimize VOC emissions
from the use, handling, storage, and
disposal of cleaning solvents and shop
towels. This rule is based on and
consistent with EPA’s 2006 ‘‘Control
Techniques Guidelines for Industrial
Cleaning Solvents.’’
(J) 326 IAC 8–22 Miscellaneous
Industrial Adhesives
This new rule applies to sources that
emit three tons of VOC (or more) per 12month rolling average from all
miscellaneous industrial adhesive
application processes and related
cleaning activities, before consideration
of controls. This rule contains VOC
content limits for adhesives and
adhesive primers and specific limits
based upon the substrate. Compliance
with these adhesive and adhesive
primer limits can also be achieved by
the use of add-on control equipment if
it achieves an overall capture and
control efficiency of at least 85 percent
and if the add-on control equipment is
continuously monitored. This rule also
specifies work practices to minimize
VOC emissions from mixing operations,
storage tanks and handling operations
for adhesives, adhesive primers and
cleaning materials. Specific application
methods, including the use of HVLP
spray equipment and other application
methods equivalent to or better than
HVLP, are also required. There are also
specific recordkeeping requirements for
sources subject to the coating limits and
add-on control requirements and for
exempt sources. This rule is based on
and consistent with EPA’s 2008
‘‘Control Techniques Guidelines for
Miscellaneous Industrial Adhesives.’’
(K) 326 IAC 8–18 Synthetic Organic
Chemical Manufacturing Industry
(SOCMI) Air Oxidation, Distillation, and
Reactor Processes
This new rule applies to (1) any vent
stream originating from an air oxidation
process unit that produces one or more
of the chemicals listed in 40 CFR
60.617, which is a list of chemicals
affected by the New Source Performance
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Standards (NSPS) for SOCMI Air
Oxidation Unit Processes and (2) any
vent stream originating from a reactor or
distillation process unit that produces
one or more of the chemicals listed in
Appendix A of the 1993 CTG ‘‘Control
of VOC Emissions from Reactor
Processes and Distillation Operations in
(SOCMI).’’ SOCMI refers to those
facilities which produce organic
compounds through industrial
synthesis. The control measures in this
rule largely involve the destruction of
VOC emissions by combustion devices
such as boilers, incinerators or flares.
EPA has issued both NSPS and CTGs for
the control of VOCs from SOCMI air
oxidation, distillation and reactor
operations. IDEM has incorporated
portions of the NSPS SOCMI
requirements into its rule because they
reflect the requirements in the CTGs and
are already in a regulatory framework.
This rule is based on and consistent
with the 1984 CTG ‘‘Control of VOC
Emissions from Air Oxidation Processes
in Synthetic Organic Chemical
Manufacturing Industry’’ and the 1993
CTG ‘‘Control of VOC Emissions from
Reactor Processes and Distillation
Operations in (SOCMI).’’
(L) 326 IAC 8–19 Control of VOC
Emissions From Process Vents in Batch
Operations
This new rule applies to process vents
associated with batch operations at
sources identified by specified standard
industrial classification codes at sources
that have the potential to emit greater
than or equal to 100 tons per year of
VOC from batch processing operations
and any other non-CTG source category
combined. Unit operations with
uncontrolled total annual emissions of
less than or equal to 500 pounds per
year of VOCs and batch process trains
containing process vents that have, in
the aggregate, uncontrolled total annual
emissions of less than 30,000 pounds
per year of VOCs from all products
manufactured in the batch process train
are exempt from the control
requirements in this rule. Any unit
operations and batch process trains with
an average flow rate (the lower the flow
rate the lower the control cost) below
the value calculated by the applicability
equations in this rule must reduce
uncontrolled VOC emissions from such
unit operations and process trains by at
least 90 percent or to 20 parts per
million volume. This rule is based on
and consistent with the 1994 ‘‘Control
of VOC Emissions from Batch Process
Alternative Control Techniques (ACT)’’
document.
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(M) 326 IAC 8–20
Wastewater
Industrial
This new rule applies to sources that
have potential VOC emissions greater
than or equal to 100 tons per year from
industrial wastewater operations and
any other non-CTG source category
without a final CTG, such as batch
operations. The VOC emissions from
industrial wastewater collection and
treatment processes evaporate from the
waste stream when exposed to the
ambient air. Consequently, the VOC
RACT requirements consist of
implementing technologies and work
practice standards that combine to
substantially suppress the exposure of
the VOC-laden waste stream to the
ambient air. More specifically, the
requirements include:
(1) Oil-water separators must be
provided with either a floating cover
equipped with seals or a fixed cover,
equipped with a closed vent system
vented to a pollution control device;
(2) All sewer lines must be completely
enclosed so that no liquid surface is
exposed to the air;
(3) All process drains must be
equipped with water seal controls or a
cover or vented to a process or through
a closed vent system to a control device;
and
(4) All junction boxes must be
equipped with a tightly fitting solid
cover or vented to a process or to a
control device.
This rule is based on and consistent
with EPA’s 1992 draft CTG ‘‘Control of
VOC Emissions from Industrial
Wastewater’’ and EPA’s 1994
‘‘Industrial Wastewater ACT.’’
jlentini on DSKJ8SOYB1PROD with PROPOSALS
(N) 326 IAC 8–21 Aerospace
Manufacturing and Rework Operations
This new rule applies to coating
application and cleaning at aerospace
manufacturing and rework operations at
sources that have the potential to emit
25 tons of VOC per year from all coating
and cleaning operations combined. This
rule consists primarily of aerospace
coating limits for primers, topcoats,
chemical milling maskants and for a
number of specialty coatings, including
adhesives and maskants. There are also
application equipment standards,
including the use of HVLP spray
equipment and other application
methods equivalent to or better than
HVLP as well as solvent cleaning work
practices. Air pollution control
equipment with an overall capture and
control efficiency of 81 percent can be
used as an alternative to the VOC
content coating limits. This rule is based
on and consistent with EPA’s 1997 CTG
‘‘Control of VOC Emissions from
VerDate Nov<24>2008
17:01 Oct 15, 2009
Jkt 220001
Coating Operations at Aerospace
Manufacturing and Rework
Operations.’’
(O) Negative Declaration for Fiberglass
Boat Manufacturing Materials
On May 26, 2009, Indiana submitted
a Negative Declaration for Fiberglass
Boat Manufacturing Materials. This
source category is the subject of a 2008
CTG. IDEM has determined that there
are no subject sources (i.e., that
construct the molds or tools that are
used to build the separate parts of
fiberglass boats) from this source
category in Lake and Porter Counties. In
order to determine if any such sources
were located within the two-county
area, IDEM reviewed the following
sources of information:
(1) Indiana’s inventory of sources in
Lake and Porter Counties subject to the
Boat Manufacturing National Emission
Standards for Hazardous Air Pollutants.
(2) The emission inventory database
that identifies companies and emission
units within the two county area.
(3) Indiana’s Computer Assisted
Approval and Tracking System that
identifies companies within Lake and
Porter Counties that are registered in
IDEM’s permitting system.
(4) The Harris Directory that provides
Standard Industrial Classification
information for Boat Building and
Repairing.
(5) Two business search engines,
Websters Online and Manta.
After reviewing all of the above
sources of information, Indiana did not
find any company that would be subject
to the 2008 CTG ‘‘Control Technique
Guidelines for Fiberglass Boat
Manufacturing Materials.’’ EPA agrees
that IDEM did a thorough evaluation of
whether there were any potentially
subject sources and is proposing to
approve the negative declaration for this
source category.
V. Statutory and Executive Order
Reviews
Under the Act, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
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 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
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
53197
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 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: October 7, 2009.
Walter W. Kovalick Jr.,
Acting Regional Administrator, Region 5.
[FR Doc. E9–24925 Filed 10–15–09; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\16OCP1.SGM
16OCP1
Agencies
[Federal Register Volume 74, Number 199 (Friday, October 16, 2009)]
[Proposed Rules]
[Pages 53193-53197]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-24925]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2009-0704; FRL-8969-5]
Approval and Promulgation of Air Quality Implementation Plans;
Indiana; Volatile Organic Compound Emission Control Measures for Lake
and Porter Counties in Indiana
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: On September 4, 2009, the Indiana Department of Environmental
Management (IDEM) submitted several volatile organic compound (VOC)
rules for approval into its State Implementation Plan (SIP). The
purpose of these rules is to satisfy the VOC reasonably available
control technology (RACT) requirements for the Lake and Porter portion
of the Chicago-Gary-Lake County, IL-IN, 8-hour ozone nonattainment
area. These rules are approvable because they satisfy the
[[Page 53194]]
control and enforceability requirements of the Clean Air Act (Act),
including Indiana's requirement to adopt VOC RACT rules for the Control
Technique Guideline (CTG) documents issued by EPA in 2006, 2007 and
2008.
DATES: Comments must be received on or before November 16, 2009.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2009-0704, by one of the following methods:
1. https://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: mooney.john@epa.gov.
3. Fax: (312) 692-2551.
4. Mail: John M. Mooney, Chief, Criteria Pollutant Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: John M. Mooney, Chief, Criteria Pollutant
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-
2009-0704. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://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 https://www.regulations.gov or e-mail. The https://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 e-mail comment directly to EPA without
going through https://www.regulations.gov your e-mail 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 and any form of encryption, and be free
of any defects or viruses. For additional instructions on submitting
comments, go to Section I of the SUPPLEMENTARY INFORMATION section of
this document.
Docket: All documents in the docket are listed in the https://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 https://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 Steven Rosenthal at (312)
886-6052 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Steven Rosenthal, Environmental
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886-6052.
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 Should I Consider as I Prepare My Comments for EPA?
II. What Action Is EPA Taking Today?
III. What Is the Purpose of This Action?
IV. What Is EPA's Analysis of Indiana's Submitted VOC Rules and
Negative Declaration?
V. Statutory and Executive Order Reviews
I. What Should I Consider as I Prepare My Comments for EPA?
When submitting comments, remember to:
1. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
2. Follow directions--The EPA may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
3. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
4. Describe any assumptions and provide any technical information
and/or data that you used.
5. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
6. Provide specific examples to illustrate your concerns, and
suggest alternatives.
7. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
8. Make sure to submit your comments by the comment period deadline
identified.
II. What Action Is EPA Taking Today?
EPA is proposing to approve several new VOC rules into Indiana's
SIP because they are consistent with the Act, including its VOC RACT
requirements. These include source categories for which IDEM had
previously indicated it had no sources (negative declarations) and
rules intended to satisfy CTGs issued in 2006, 2007 and 2008. EPA is
also approving a negative declaration for the 2008 CTG ``Control
Technique Guidelines for Fiberglass Boat Manufacturing Materials'' in
which IDEM documents that it has no sources subject to this CTG.
III. What Is the Purpose of This Action?
The primary purpose of these rules is to satisfy the requirement in
section 182(b) of part D of title I of the Act that VOC RACT rules be
adopted for ozone nonattainment areas. This would include the Chicago-
Gary-Lake County, IL-IN, 8-hour ozone nonattainment area. These rules
satisfy the requirement for VOC RACT rules for existing, pre-2006, CTG
and major non-CTG source categories which were due on September 15,
2006, as well as the requirement to adopt VOC RACT rules for the CTG
documents issued by EPA in 2006, 2007 and 2008. Section 182(b)(2)(A) of
the Act provides that for nonattainment areas classified as moderate or
above, States must revise their SIPs to include RACT for each category
of VOC sources covered by a CTG document issued between November 15,
1990, and the date of attainment.
On March 24, 2008 (73 FR 15416), EPA made a finding that Indiana
failed to submit those VOC RACT rules which were due on September 15,
2006, for the Chicago-Gary-Lake County, IL-IN, 8-hour ozone
nonattainment area. Indiana submitted the fully adopted required
[[Page 53195]]
VOC RACT rules to EPA on September 4, 2009. Failure to submit a
complete VOC RACT submittal would have triggered the offset sanction
identified in section 179(b)(2) of the Act on September 24, 2009, and
the highway funding sanction in accordance with section 179(b)(1) of
the Act on March 24, 2010.
EPA would be required by section 110(c) of the Act to promulgate a
Federal Implementation Plan (FIP) if it has not approved these VOC RACT
rules into Indiana's SIP by March 24, 2010. Finalization of the action
proposed here would end any obligation for EPA to promulgate a FIP
addressing this VOC RACT requirement.
IV. What Is EPA's Analysis of Indiana's Submitted VOC Rules and
Negative Declaration?
Indiana's VOC rules for Lake and Porter Counties are consistent
with the Act and EPA VOC RACT guidance, and are all approvable. A brief
description of the rules that IDEM has submitted is provided below.
This description contains information on the applicability cutoffs,
control requirements and the relevant EPA VOC RACT guidance. These
rules all have appropriate compliance test methods and recordkeeping
requirements. Compliance with these rules is required by April 11,
2011.
(A) 326 IAC 8-2-2--Automobile and Light Duty Truck Coating Operations
This rule requires application of new coating limits, development
of work practice plans for coating and cleaning operations, and is
applicable to facilities with uncontrolled emissions exceeding 15
pounds per day of VOC. These revised requirements are based on and
consistent with the 2008 CTG document ``Control Techniques Guidelines
for Automobile and Light-Duty Truck Assembly Coatings.'' IDEM's
Compliance methods, in 326 IAC 8-1-2, have also been revised to
reference EPA's 2008 revised Automobile Topcoat Protocol in the
document ``Protocol for Determining the Daily Volatile Organic Compound
Emission Rate of Automobile and Light-Duty Truck Primer-Surfacer and
Topcoat Operations.''
(B) 326 IAC 8-2-5--Paper Coating
This rule has been revised to add more stringent coating limits
that apply to individual coating lines with potential emissions of at
least 25 tons per year. The new limits can either be achieved through
the use of low VOC compliant coatings or installation of VOC control
devices to achieve a 90 percent overall VOC control efficiency, or a
combination of the two options that is equivalent to the low VOC
coating limit. Additional solvent cleaning work practices apply to
facilities emitting at least 15 pounds per day of uncontrolled VOC
emissions from all coating lines and related cleaning activities at the
facility. These revisions are based on and consistent with EPA's 2007
CTG ``Control Techniques Guidelines for Paper, Film and Foil
Coatings.''
(C) 326 IAC 8-2-6 Metal Furniture Coating Operations
This rule has been revised to add more stringent coating limits by
coating type for metal furniture coating facilities in which actual VOC
emissions equal or exceed 15 pounds per day, before add-on controls. As
an alternative to complying with low VOC coating limits, compliance can
be achieved with a capture and control device that achieves an overall
control efficiency of at least 90 percent or by using a combination of
lower VOC coatings and add-on control that is equivalent to the low VOC
coating limit. There are also application equipment standards,
including the use of high volume low-pressure (HVLP) spray equipment
and other application methods equivalent to or better than HVLP. Work
practices must be implemented that minimize VOC emissions from mixing
operations and storage tanks and handling operations for cleaning and
coating related materials. These revisions are based on and consistent
with EPA's 2007 ``Control Techniques Guidelines for Metal Furniture
Coatings.''
(D) 326 IAC 8-2-7 Large Appliance Coating Operations
This rule has been revised to add more stringent coating limits by
coating type for large appliance coating facilities in which actual VOC
emissions equal or exceed 15 pounds per day, before add-on controls. As
an alternative to complying with low VOC coating limits, compliance can
be achieved with a capture and control device that achieves an overall
control efficiency of at least 90 percent or by using a combination of
lower VOC coatings and add-on control that is equivalent to the low VOC
coating limit. There are also application equipment standards,
including the use of HVLP spray equipment and other application methods
equivalent to or better than HVLP. Work practices must be implemented
that minimize VOC emissions from mixing operations and storage tanks
and handling operations for cleaning and coating related materials.
These revisions are based on and consistent with EPA's 2007 ``Control
Techniques Guidelines for Large Appliance Coatings.''
(E) 326 IAC 8-2-9 Miscellaneous Metal and Plastic Parts Coating
Operation
This rule has been revised to add VOC limits for a number of
different miscellaneous metals and plastic parts coating limitations at
facilities in which actual VOC emissions equal or exceed 15 pounds per
day, before add-on controls, from all such coating operations. The
categories covered include metal parts and products (not covered by
another metal coating rule for a specific source category, e.g. can
coating), plastic parts and products, automotive/transportation
coatings, business machines, motor vehicle materials, and pleasure
craft surface coating. As alternatives to complying with low VOC
coating limits, compliance can be achieved with a capture and control
device that achieves an overall control efficiency of at least 90
percent or by using a combination of lower VOC coatings and add-on
control that is equivalent to the low VOC coating limit. The two low-
VOC options also require the use of specific application methods,
including the use of HVLP spray equipment and other application methods
equivalent to or better than HVLP. Work practices must be implemented
that minimize VOC emissions from mixing operations and storage tanks
and handling operations for cleaning and coating related materials.
These revisions are based on and consistent with EPA's 2008 ``Control
Techniques Guidelines for Miscellaneous Metal and Plastic Parts
Coatings.''
(F) 326 IAC 8-2-10 Flat Wood Panel
This rule has been revised to add more stringent coating limits by
coating type for flat wood panel manufacturing facilities in which
actual VOC emissions equal or exceed 15 pounds per day, before add-on
controls. As an alternative to complying with low VOC coating limits,
compliance can be achieved with a capture and control device that
achieves an overall control efficiency of at least 90 percent or by
using a combination of lower VOC coatings and add-on control that is
equivalent to the low VOC coating limit. Work practices must be
implemented that minimize VOC emissions from mixing operations and
storage tanks and handling operations for cleaning and coating related
materials. These revisions are based on and consistent with EPA's 2006
``Control Techniques Guidelines for Flat Wood Paneling Coatings.''
[[Page 53196]]
(G) 326 IAC 8-5-5 Flexible Package Printing
IDEM's Graphic Arts rule has been revised to include work practices
to minimize VOC emissions from cleaning operations from all sources in
which the total VOC emissions from all flexible printing lines equal or
exceed 15 pounds per day, before add-on controls. This rule has also
been revised to include more stringent capture and control systems for
flexible packaging printing presses at facilities with potential
emissions of 25 tons or greater per year, prior to controls, from inks,
coatings, and adhesives combined. The overall control requirements vary
from 65 percent to 80 percent depending on the installation date of the
press and by the first installation date of the add-on control device
controlling the flexible packaging printing press. This rule is based
on and consistent with EPA's 2006 ``Control Techniques Guidelines for
Flexible Package Printing.''
(H) 326 IAC 8-16 Offset Lithographic Printing and Letterpress Printing
This new rule applies to offset lithographic and letterpress
printing operations that emit three tons or more of VOC per 12-month
rolling average before controls. Those lithographic presses that exceed
this cutoff must control the fountain solution by reducing the VOC
content and alcohol content of the fountain solution. Also, both
lithographic and letterpresses that exceed this cutoff must restrict
the use of cleaning materials that exceed both a 70 percent VOC content
and a VOC composite pressure vapor pressure of 10 millimeters of
Mercury (mmHg). Individual heatset web offset lithographic printing
presses and heatset web letterpresses with potential emissions from the
dryer ink of 25 tons of VOC per year or greater must operate a control
system that reduces emissions from each dryer by 90 percent or 95
percent, if installed on or after January 1, 2010, or maintain a
maximum VOC outlet concentration of 20 parts per million by volume. Any
presses that are claimed to be exempt must keep records documenting
that their emissions are below the applicability cutoffs. These
revisions are based on and consistent with EPA's 2006 CTG ``Control
Techniques Guidelines for Offset Lithographic Printing and Letterpress
Printing.''
(I) 326 IAC 8-17 Industrial Solvent Cleaning Operations
This new rule applies to sources that emit three tons of VOC (or
more) per 12-month rolling average from all solvent cleaning
operations. This rule limits the VOC content of specific solvent
cleaning operations, including a general product cleaning limit of 0.42
pounds per gallon. As an alternative to these VOC content limits,
sources may use solvents for industrial cleaning operations that have a
VOC composite partial vapor pressure at or below 8 mmHG. This rule also
specifies the types of cleaning devices and methods that can be used,
including wipe cleaning, the use of closed containers as well as
nonatomized solvent flow. Atomizing any solvent is generally
prohibited. Work practices are required to minimize VOC emissions from
the use, handling, storage, and disposal of cleaning solvents and shop
towels. This rule is based on and consistent with EPA's 2006 ``Control
Techniques Guidelines for Industrial Cleaning Solvents.''
(J) 326 IAC 8-22 Miscellaneous Industrial Adhesives
This new rule applies to sources that emit three tons of VOC (or
more) per 12-month rolling average from all miscellaneous industrial
adhesive application processes and related cleaning activities, before
consideration of controls. This rule contains VOC content limits for
adhesives and adhesive primers and specific limits based upon the
substrate. Compliance with these adhesive and adhesive primer limits
can also be achieved by the use of add-on control equipment if it
achieves an overall capture and control efficiency of at least 85
percent and if the add-on control equipment is continuously monitored.
This rule also specifies work practices to minimize VOC emissions from
mixing operations, storage tanks and handling operations for adhesives,
adhesive primers and cleaning materials. Specific application methods,
including the use of HVLP spray equipment and other application methods
equivalent to or better than HVLP, are also required. There are also
specific recordkeeping requirements for sources subject to the coating
limits and add-on control requirements and for exempt sources. This
rule is based on and consistent with EPA's 2008 ``Control Techniques
Guidelines for Miscellaneous Industrial Adhesives.''
(K) 326 IAC 8-18 Synthetic Organic Chemical Manufacturing Industry
(SOCMI) Air Oxidation, Distillation, and Reactor Processes
This new rule applies to (1) any vent stream originating from an
air oxidation process unit that produces one or more of the chemicals
listed in 40 CFR 60.617, which is a list of chemicals affected by the
New Source Performance Standards (NSPS) for SOCMI Air Oxidation Unit
Processes and (2) any vent stream originating from a reactor or
distillation process unit that produces one or more of the chemicals
listed in Appendix A of the 1993 CTG ``Control of VOC Emissions from
Reactor Processes and Distillation Operations in (SOCMI).'' SOCMI
refers to those facilities which produce organic compounds through
industrial synthesis. The control measures in this rule largely involve
the destruction of VOC emissions by combustion devices such as boilers,
incinerators or flares. EPA has issued both NSPS and CTGs for the
control of VOCs from SOCMI air oxidation, distillation and reactor
operations. IDEM has incorporated portions of the NSPS SOCMI
requirements into its rule because they reflect the requirements in the
CTGs and are already in a regulatory framework. This rule is based on
and consistent with the 1984 CTG ``Control of VOC Emissions from Air
Oxidation Processes in Synthetic Organic Chemical Manufacturing
Industry'' and the 1993 CTG ``Control of VOC Emissions from Reactor
Processes and Distillation Operations in (SOCMI).''
(L) 326 IAC 8-19 Control of VOC Emissions From Process Vents in Batch
Operations
This new rule applies to process vents associated with batch
operations at sources identified by specified standard industrial
classification codes at sources that have the potential to emit greater
than or equal to 100 tons per year of VOC from batch processing
operations and any other non-CTG source category combined. Unit
operations with uncontrolled total annual emissions of less than or
equal to 500 pounds per year of VOCs and batch process trains
containing process vents that have, in the aggregate, uncontrolled
total annual emissions of less than 30,000 pounds per year of VOCs from
all products manufactured in the batch process train are exempt from
the control requirements in this rule. Any unit operations and batch
process trains with an average flow rate (the lower the flow rate the
lower the control cost) below the value calculated by the applicability
equations in this rule must reduce uncontrolled VOC emissions from such
unit operations and process trains by at least 90 percent or to 20
parts per million volume. This rule is based on and consistent with the
1994 ``Control of VOC Emissions from Batch Process Alternative Control
Techniques (ACT)'' document.
[[Page 53197]]
(M) 326 IAC 8-20 Industrial Wastewater
This new rule applies to sources that have potential VOC emissions
greater than or equal to 100 tons per year from industrial wastewater
operations and any other non-CTG source category without a final CTG,
such as batch operations. The VOC emissions from industrial wastewater
collection and treatment processes evaporate from the waste stream when
exposed to the ambient air. Consequently, the VOC RACT requirements
consist of implementing technologies and work practice standards that
combine to substantially suppress the exposure of the VOC-laden waste
stream to the ambient air. More specifically, the requirements include:
(1) Oil-water separators must be provided with either a floating
cover equipped with seals or a fixed cover, equipped with a closed vent
system vented to a pollution control device;
(2) All sewer lines must be completely enclosed so that no liquid
surface is exposed to the air;
(3) All process drains must be equipped with water seal controls or
a cover or vented to a process or through a closed vent system to a
control device; and
(4) All junction boxes must be equipped with a tightly fitting
solid cover or vented to a process or to a control device.
This rule is based on and consistent with EPA's 1992 draft CTG
``Control of VOC Emissions from Industrial Wastewater'' and EPA's 1994
``Industrial Wastewater ACT.''
(N) 326 IAC 8-21 Aerospace Manufacturing and Rework Operations
This new rule applies to coating application and cleaning at
aerospace manufacturing and rework operations at sources that have the
potential to emit 25 tons of VOC per year from all coating and cleaning
operations combined. This rule consists primarily of aerospace coating
limits for primers, topcoats, chemical milling maskants and for a
number of specialty coatings, including adhesives and maskants. There
are also application equipment standards, including the use of HVLP
spray equipment and other application methods equivalent to or better
than HVLP as well as solvent cleaning work practices. Air pollution
control equipment with an overall capture and control efficiency of 81
percent can be used as an alternative to the VOC content coating
limits. This rule is based on and consistent with EPA's 1997 CTG
``Control of VOC Emissions from Coating Operations at Aerospace
Manufacturing and Rework Operations.''
(O) Negative Declaration for Fiberglass Boat Manufacturing Materials
On May 26, 2009, Indiana submitted a Negative Declaration for
Fiberglass Boat Manufacturing Materials. This source category is the
subject of a 2008 CTG. IDEM has determined that there are no subject
sources (i.e., that construct the molds or tools that are used to build
the separate parts of fiberglass boats) from this source category in
Lake and Porter Counties. In order to determine if any such sources
were located within the two-county area, IDEM reviewed the following
sources of information:
(1) Indiana's inventory of sources in Lake and Porter Counties
subject to the Boat Manufacturing National Emission Standards for
Hazardous Air Pollutants.
(2) The emission inventory database that identifies companies and
emission units within the two county area.
(3) Indiana's Computer Assisted Approval and Tracking System that
identifies companies within Lake and Porter Counties that are
registered in IDEM's permitting system.
(4) The Harris Directory that provides Standard Industrial
Classification information for Boat Building and Repairing.
(5) Two business search engines, Websters Online and Manta.
After reviewing all of the above sources of information, Indiana
did not find any company that would be subject to the 2008 CTG
``Control Technique Guidelines for Fiberglass Boat Manufacturing
Materials.'' EPA agrees that IDEM did a thorough evaluation of whether
there were any potentially subject sources and is proposing to approve
the negative declaration for this source category.
V. Statutory and Executive Order Reviews
Under the Act, the Administrator is required to approve a SIP
submission that complies with the provisions of the 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 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 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: October 7, 2009.
Walter W. Kovalick Jr.,
Acting Regional Administrator, Region 5.
[FR Doc. E9-24925 Filed 10-15-09; 8:45 am]
BILLING CODE 6560-50-P