EPA Proposes and Approves Multiple Indiana SIPs
By Kate E. Beatty, Attorney, Bingham Greenebaum Doll LLP
On July 10, 2013, EPA took final action to approve Indiana’s revised definitions contained in 326 IAC 1-3 to reflect the 2006 PM2.5 National Ambient Air Quality Standards (NAAQS). (78 Federal Register 41311). This final action was the result of comments submitted concerning EPA’s August 2, 2012 proposed rulemaking to find that Indiana had met the applicable infrastructure SIP requirements. (77 Federal Register 45992). Specifically, one comment noted that the language contained in 326 IAC 3-1 only contained references the 1997 PM2.5 and not the 2006 PM2.5 NAAQS. A literal reading of 326 IAC 3-1 would indicate that a source would only need to comply with the 1997 PM2.5 NAAQS. The final rule was effective on August 9, 2013.
On August 19, 2013, EPA published a proposed rule seeking to approve Indiana’s infrastructure state implementation plan (SIP) submissions for the 2008 lead and ozone NAAQS, submissions addressing EPA’s requirements for the prevention of significant deterioration (PSD) program and the state board requirements under section 128 of the Clean Air Act. (78 Federal Register 50360). This proposed rule did not cover substantive areas that were not integral to act on Indiana’s infrastructure SIP submission which EPA will address in separate rulemakings, including: (1) existing provisions relating to the excess emissions during periods of start-up, shutdown or malfunction at sources that may be contrary to the Clean Air Act and EPA’s policies; (2) existing provisions related to “director’s variance” or “director’s discretion” that appear to allow revisions to SIP approved emissions limits with limited public process or without requiring further approval by EPA; (3) existing provisions for minor source new source review (NSR) programs that may be inconsistent with the Clean Air Act and EPA’s regulations applied to those programs; and (4) existing provisions for PSD programs that may be inconsistent with the current EPA requirements. Comment period for this proposed rule ended September 18, 2013.
In addition to proposing to approve the various infrastructure SIP submissions, on September 10, 2013, EPA proposed to approve Indiana’s revised Industrial Solvent Cleaning Rule for sources in Lake and Porter counties. (78 Federal Register 55234). 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 techniques guidelines. The Indiana Department of Environmental Management (IDEM) adopted these revisions on April 3, 2012 after two public hearings. IDEM submitted the revised rules to EPA on May 29, 2012. The comment period for this proposed rule ended October 10, 2013.
To view a complete PDF of the Third Quarter 2013 issue of the Air Quality Letter, click HERE.