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EPA Proposes and Approves Multiple Indiana SIP Revisions


By Kate E. Beatty, Attorney, Bingham Greenebaum Doll LLP

On Oct. 23, 2013, EPA, by direct final rule, approved Indiana’s revisions to multiple sections of the Indiana Administrative Code concerning compliance monitoring and one section concerning sulfur dioxide compliance monitoring requirements. (78 Federal Register 63093). These requested revisions were made as part of a supplemental submission to Indiana’s Sept. 19, 2011, State Implementation Plan (SIP) submission. The final rule was effective on Dec. 23, 2013.    

On Nov. 1, 2013, EPA published a proposed rule seeking to approve Indiana’s SIP submission addressing revisions to implement certain EPA regulations for particulate matter smaller than 2.5 micrometers (PM2.5) and the incorporation of certain definitions and regulations related the recognition of nitrogen oxide (NO<sub>x</sub>) as a precursor to ozone. (78 Federal Register 65590). Indiana had also submitted two letters requesting that EPA approve revisions to the definitions in the current SIP for “direct PM2.5” and precursors to ozone; approve revisions to the existing definitions in the SIP to comply with the changes; approve changes to its Title V operating permit program; and to approve the modification of provisions related to PM2.5 Class I variances, increment consumption and baseline dates. However, EPA is only proposing to approve the revisions that implement a portion of the PM2.5 requirements and the incorporation of NOx as a precursor to ozone. EPA did not propose to approve the other requested revisions because they were not previously approved SIP provisions and therefore require a separate SIP submission. The comment period for the proposed rule ended Dec. 2, 2013.   

EPA approved by final rule on Dec. 24, 2013, the SIP submission which addressed the state board requirement provisions that were incorporated to comply with Section 128 of the Clean Air Act. (78 Federal Register 77599). The two requirements are: (1) any board or body that approves permits or enforcement actions must have a least a majority of individuals who represent the public interest and do not receive a significant portion of their income from the persons or entities subject to permits or enforcement actions; and (2) any potential conflict of interest by members of the board or body must be adequately disclosed. The final rule was effective on Jan. 23, 2014.  

On Dec. 27, 2013, EPA, by final rule, approved Indiana’s revised Industrial Solvent Cleaning Rule for sources in Lake and Porter counties. (78 Federal Register 78726). Indiana revised the Industrial Solvent Cleaning Rule at 326 IAC 8-17 in response to EPA’s conclusion that low VOC content cleaning solvents were not adequate to clean process equipment and tanks at facilities which manufacture coatings, adhesives, resins, and inks. Rather EPA determined the Reasonably Available Control Technology (RACT) for those operations should be based on the Bay Area Air Quality Management District’s rules as referenced in EPA’s industrial solvent Control Technique Guideline (CTG). The Indiana Department of Environmental Management adopted these revisions on April 3, 2012, after two public hearings. EPA’s approval was effective on Jan. 27, 2014.

To view a complete PDF of the Fourth Quarter 2013 issue of the Air Quality Letter, click HERE.


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