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Approval and Promulgation of Implementation Plans; Indiana
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: June 13, 1996 (Volume 61, Number 115)] [Rules and Regulations] [Page 29965-29970] From the Federal Register Online via GPO Access [wais.access.gpo.gov]
ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [IN61-1-7230a; FRL-5509-5] Approval and Promulgation of Implementation Plans; Indiana AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule.
SUMMARY: On September 19, 1995, and November 8, 1995, the State of Indiana submitted a State Implementation Plan (SIP) revision request to the EPA establishing regulations for automobile refinishing operations in Clark, Floyd, Lake, and Porter Counties, as part of the State's 15 percent () Rate of Progress (ROP) plan control strategies for Volatile Organic Compounds (VOC) emissions. VOC is an air pollutant which combines with oxides of nitrogen in the atmosphere to form ground-level ozone, commonly known as smog. Ozone pollution is of particular concern because of its harmful effects upon lung tissue and breathing passages. ROP plans are intended to bring areas which have been exceeding the public health-based Federal ozone air quality standard closer to attaining the ozone standard. This rule establishes VOC content limits for suppliers and users of coating and surface preparation products applied in motor vehicle/mobile equipment refinishing operations, as well as requires subject refinishing facilities to meet certain work practice standards to further reduce VOC. Indiana expects that the control measures specified in this automobile refinishing SIP will reduce VOC emissions by 4,679 pounds per day (lbs/day) in Lake and Porter Counties and 1,172 lbs/day in Clark and Floyd Counties. This rule is being approved because it meets all the applicable Federal requirements. DATES: The ``direct final'' rule is effective on August 12, 1996, unless EPA receives adverse or critical comments by July 15, 1996. If the effective date is delayed, timely notification will be published in the Federal Register. ADDRESSES: Copies of the revision request are available for inspection at the following address: Environmental Protection Agency, Region 5, Air and Radiation Division, Air Programs Branch, 77 West Jackson Boulevard, Chicago, Illinois 60604. (It is recommended that you telephone Mark J. Palermo at (312) 886-6082 before visiting the Region 5 Office.)
Written comments should be sent to: J. Elmer Bortzer, Chief, Regulation Development Section, Air Programs Branch (AR-18J), Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. FOR FURTHER INFORMATION CONTACT: Mark J. Palermo at (312) 886-6082. SUPPLEMENTARY INFORMATION: I. Submittal Background Section 182(b)(1) of the Clean Air Act (the Act) requires all moderate and above ozone nonattainment areas to achieve a 15reduction of 1990 emissions of VOC by November 15, 1996. In Indiana, Lake and Porter Counties are classified as ``severe'' nonattainment for ozone, while Clark and Floyd Counties are classified as ``moderate'' nonattainment. As such, these counties are subject to the 15ROP requirement.
The Act specifies under section 182(b)(1)(C) that the 15 2.121996e-313mission reduction claimed under the ROP plan must be achieved through the implementation of control measures through revisions to the SIP, the promulgation of federal rules, or the issuance of permits under Title V of the Act, by November 15, 1996. Control measures implemented before November 15, 1990, are precluded from counting toward the 15 reduction. In addition, section 172(c)(9) requires moderate areas to adopt contingency measures by November 15, 1993. The General Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990 (April 28, 1992, 57 FR at 18070), states that the contingency measures generally must provide reductions of 3 0.000000rom the 1990 baseyear inventory, which can be met through additional SIP revisions. Indiana has adopted and submitted automobile refinishing rules for the control of VOC as a revision to the SIP for the purpose of meeting the 15ROP plan control measure requirement for Clark and Floyd Counties, as well as meeting the contingency measure requirement for Lake and Porter Counties. Determination of what emission credit the State can take for these rules for purposes of the 15ROP plan and contingency measures will be addressed in a subsequent rulemaking action addressing the 15ROP plan and measures as a whole. On June 7, 1995, the Indiana Air Pollution Control Board (IAPCB) adopted the automobile refinishing rule. Public hearings on the rule were held on January 11, 1995, April 5, 1995, and June 7, 1995, in Indianapolis, Indiana. The rule was signed by the Secretary of State on October 3, 1995, and became effective on November 2, 1995; it was published in the Indiana State Register on November 1, 1995. The Indiana [[Page 29966]] Department of Environmental Management (IDEM) formally submitted the automobile refinishing rule to EPA on September 19, 1995, as a revision to the Indiana SIP for ozone; supplemental documentation to this revision was submitted on November 8, 1995. EPA made a finding of completeness in a letter dated February 9, 1996. The September 19, 1995, and November 8, 1995, submittals include the following rules: 326 Indiana Air Code (IAC) 8-10 Automobile Refinishing (1) Applicability
(2) Definitions
(3) Requirements
(4) Means to limit volatile organic compound emissions (5) Work practice standards
(6) Compliance procedures
(7) Test procedures
(8) Control system operation, maintenance, and monitoring (9) Record keeping and reporting
The rule establishes, for Clark, Floyd, Lake, and Porter Counties, VOC content limits for motor vehicle/mobile equipment refinishing coatings and surface preparation products which must be met by both the suppliers of the coatings and products and the refinishers which use them. As an alternative to using compliant coatings, owners or operators of subject refinishing facilities can install and operate add-on control systems, such as incinerators, carbon adsorbers, etc., which must achieve an overall reduction of VOC by 81 0.000000or compliance with the rule. The rule also establishes certain work practice standards for subject refinishers to further reduce VOC, including equipment, housekeeping, and training requirements. Indiana based its rules upon EPA's draft Control Techniques Guidelines (CTG) for automobile refinishing, Alternative Control Techniques (ACT) for automobile refinishing, EPA's 1992 VOC model rules, as well as automobile refinishing rules adopted in other states. II. Evaluation of Submittal As previously discussed, Indiana intends that this SIP revision submittal will be one of the control measures which will satisfy 15 ROP plan and contingency measure requirements under the Act. A review of what emission reduction this SIP achieves for purposes of the Indiana 15ROP plans and contingency measures will be addressed when EPA takes rulemaking action on the Lake and Porter 15ROP and contingency measures SIP, and the Clark and Floyd 15ROP and contingency measures SIP. (EPA will take rulemaking on the overall 15 ROP and contingency measures in a subsequent rulemaking action(s).) It should also be noted that Indiana's automobile refinishing rules are not required to be reviewed for purposes of Reasonably Available Control Technology (RACT) requirements under the Act, because no automobile refinishing facility in Indiana has the potential to emit at least 25 tons of VOC, which would qualify a major source for RACT purposes.
In order to determine the approvability of the Indiana automobile refinishing SIP, the rule was reviewed for its consistency with section 110 and part D of the Act, and its enforceability. Used in this analysis were EPA policy guidance documents, including the draft CTG for automobile refinishing; the ACT for automobile refinishing; the June 1992, model VOC rules as they pertain to add-on control systems; and a memorandum from G.T. Helms to the Air Branch Chiefs, dated August 10, 1990, on the subject of `` Exemption for Low-Use Coatings.'' A discussion of the rule and EPA's rule analysis follows. Applicability The rule's applicability criteria in section 1 establishes that manufacturers and suppliers of refinishing coatings used in the subject counties, as well as the owners or operators of the facilities that refinish motor vehicles or mobile equipment in those counties, are subject to this rule. Activities exempt by section 1 from this rule are aerosol coating, graphic design, and touch-up coating applications. For purposes of this rule, ``motor vehicles'' is defined in section 2(31) to mean automobiles, buses, trucks, vans, motor homes, recreational vehicles, and motorcycles. ``Mobile equipment'' is defined in section 2(30) to mean any equipment which may be driven or drawn on a roadway, including but not limited to the following: truck bodies; truck trailers; cargo vaults; utility bodies; camper shells; construction equipment such as mobile cranes, bulldozers, and concrete mixers; farming equipment such as tractors, plows, and pesticide sprayers; and miscellaneous equipment such as street cleaners, golf carts, ground support vehicles, tow motors, and fork lifts. The activities exempt from the requirement of the rule are defined as follows. Section 2(2) defines ``aerosol coating products'' to mean a mixture of resins, pigments, liquid solvents, and gaseous propellants, packaged in a disposable can for hand-held application. Section 2(24) defines ``graphic design application'' to mean the application of logos, letters, numbers, and graphics to a painted surface, with or without the use of a template. ``Touch-up coating'' is defined in section 2(52) to mean a coating applied by brush or hand held, nonrefillable aerosol can to repair minor surface damage and imperfections.
The applicability criteria in section 1 clearly indicate the industry and activities subject to the rule. The rule's applicability criteria are, therefore, approvable. Definitions The rule's definitions in section 2, which are based upon similar definitions in the ACT and draft CTG, accurately describe the subject industry, the subject and exempt coating categories, and the applicable control methods and equipment specified in the rule. These definitions are, therefore, approvable. Compliance Dates Section 3 clearly identifies all the required components of the rule and corresponding compliance dates. Each manufacturer or distributor of coating or surface preparation products manufactured or distributed for use in Clark, Floyd, Lake, and Porter Counties must comply with the rule's applicable VOC content limits and compliance procedures by November 1, 1995.
Any person commercially providing refinishing coatings or surface preparation products for use in the four subject counties which were manufactured after November 1, 1995, must meet the rule's applicable VOC content and compliance procedures by February 1, 1996. Section 3 does allow the distribution of non-compliant coatings intended to be used by sources which meet the rule requirements through an add-on control system rather than through compliant coatings, if certain compliance procedures are followed in section 6. Section 3 further provides that any person applying any refinishing coating or surface preparation product must meet the applicable control requirements, work practice standards, compliance procedures, test procedures, control system provisions, and record keeping and reporting requirements of the rule, by May 1, 1996. Finally, on and after May 1, 1996, section 3 prohibits any person from soliciting or requiring any refinishing facility to use a refinishing coating or surface preparation product that does not comply with applicable VOC content limits contained in the rule, [[Page 29967]] unless that facility operates a compliant add-on control system. These dates are all well within the November 15, 1996, deadline by which rules must be implemented in order to be creditable toward the 15ROP plan. Emission Limitations The rule's VOC content limits for coatings and surface preparation products are established in section 4, and are generally consistent with option 1 limits specified in the ACT and draft CTG. The limits specified in section 4 of the rule are as follows:
VOC content limit ------------------- Coating category grams/ lbs/ liter gallon Topcoat: