Air Plan Approval; Indiana; Volatile Organic Compounds; Cold Cleaner Degreasing, 87359-87360 [2023-27552]
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Federal Register / Vol. 88, No. 241 / Monday, December 18, 2023 / Rules and Regulations
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
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
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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.
SUMMARY:
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 www.regulations.gov 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
www.regulations.gov 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, rau.matthew@epa.gov.
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DATES:
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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
www.regulations.gov, 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
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87359
incorporated by reference in the next
update to the SIP compilation.1
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:
• 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);
• 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 subject to Executive Order
13045 (62 FR 19885, April 23, 1997)
because it approves a state program;
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); and
• 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).
1 62
E:\FR\FM\18DER1.SGM
FR 27968 (May 22, 1997).
18DER1
87360
Federal Register / Vol. 88, No. 241 / Monday, December 18, 2023 / Rules and Regulations
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.
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.
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).)
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
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. In § 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:
■
§ 52.770
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED INDIANA REGULATIONS
Indiana citation
Indiana
effective
date
Subject
*
*
*
*
EPA approval date
*
Notes
*
*
*
*
*
*
Article 8. Volatile Organic Compound Rules
*
*
*
*
*
Rule 3. Organic Solvent Degreasing Operations
*
*
*
*
8–3–1 .......................
Applicability and Exemptions .......................................
1/4/2023
8–3–2 .......................
Cold cleaner degreaser control equipment and operating requirements.
Open top vapor degreaser operation ..........................
6/9/2021
8–3–3 .......................
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*
8–3–4 .......................
Conveyorized degreaser control equipment and operating requirements.
*
8–3–8 .......................
*
*
Material requirements for cold cleaner degreasers .....
*
*
*
*
*
*
*
6/9/2021
6/9/2012
*
6/9/2021
*
12/18/2023,
TION].
12/18/2023,
TION].
12/18/2023,
TION].
12/18/2023,
TION].
[INSERT FEDERAL REGISTER CITA[INSERT FEDERAL REGISTER CITA[INSERT FEDERAL REGISTER CITA[INSERT FEDERAL REGISTER CITA-
*
*
*
12/18/2023, [INSERT FEDERAL REGISTER CITATION].
*
*
*
[FR Doc. 2023–27552 Filed 12–15–23; 8:45 am]
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]]>Agencies
[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 [www.gpo.gov]
[FR Doc No: 2023-27552]
[[Page 87359]]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 www.regulations.gov 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 www.regulations.gov 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, [email protected].
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
www.regulations.gov, 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\
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
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:
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);
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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
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.
* * * * *
(c) * * *
EPA-Approved Indiana Regulations
----------------------------------------------------------------------------------------------------------------
Indiana
Indiana citation Subject effective date EPA approval date Notes
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Article 8. Volatile Organic Compound Rules
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Rule 3. Organic Solvent Degreasing Operations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
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].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2023-27552 Filed 12-15-23; 8:45 am]
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