IDEM Seeks Comments on Rulemaking to Expand Regulation of Degreasers
By Andy Bowman, Attorney, Bingham Greenebaum Doll LLP
The Indiana Department of Environmental Management (IDEM) published notice on January 13, 2010 that it is seeking comments on a draft rule to amend 326 IAC 8-3 to expand regulation of organic solvent degreasers located in all counties. LSA Doc. #07-352; DIN 20100113-IR-32607035SNA. Currently, only degreasers located in Clark, Floyd, Lake or Porter Counties are subject to 326 IAC 8-3. IDEM believes that expanding the regulation of degreasers to all counties and eliminating the grandfathering of degreasers is necessary to ensure attainment of the 2008 8-hour ozone standard of 0.075 ppm and to address the potential for a lower ozone standard to be imposed in the future. On January 19, 2010 U.S. EPA published a proposed rule to strengthen the 8-hour standard to a level within the range of 0.060-0.070 ppm. 75 F. Reg. 2938 (January 19, 2010).
The new rule would apply to new degreasers constructed after July 1, 1990 located anywhere in the state and to any degreaser located in the State of Indiana as of January 1, 2011, unless exempted. Degreasers that are not located in Clark, Floyd, Lake or Porter Counties are exempt from operation and control requirements if the degreaser: (i) is subject to 40 CFR 63, Subpart T, the NESHAP for halogenated solvent cleaning; or (ii) uses a solvent containing less than 1% of VOC by weight.
The vapor pressure and record keeping requirements of 326 IAC 8-3-8 do not apply to degreasers employing organic solvents which: (i) are used to clean electronic components; (ii) are subject to the Aerospace NESHAP at 40 CFR 63, Subpart GG, and are not located in Clark, Floyd, Lake or Porter Counties; or (iii) use aqueous cleaning solvents and are not located in Clark, Floyd, Lake or Porter Counties.
Regulated degreasers must comply with certain operational requirements, such as using a cover, affixing labels, properly draining parts, and using control devices depending on the type of degreaser.
IDEM is accepting comments through February 12, 2010. Additional information can be obtained from Amy Smith, Rule and State Implementation Plan Development Section, Office of Air Quality, (317) 233-8628.