TITLE 326 AIR POLLUTION CONTROL BOARD

The Indiana Department of Environmental Management (IDEM) has developed draft rule language for amendments to 326 IAC 8-17 concerning industrial solvent cleaning operations in Lake County and Porter County. The purpose of this notice is to seek public comment on the draft rule, including suggestions for specific language to be included in the rule. IDEM seeks comment on the affected citations listed and any other provisions of Title 326 that may be affected by this rulemaking.

IC 13-14-9-7 recognizes that under certain circumstances it may be appropriate to reduce the number of public comment periods routinely provided. In cases where the commissioner determines that the rulemaking policy alternatives available to IDEM are so limited that the notice of first public comment period would provide no substantial benefit, IDEM may forgo this comment period and proceed directly to the notice of second public comment period.

If the commissioner makes the determination of limited rulemaking policy alternatives required by IC 13-14-9-7, the commissioner shall prepare written findings and include them in the second notice of public comment period published in the Indiana Register. This document constitutes the commissioner's written findings pursuant to IC 13-14-9-7.

The statute provides for this shortened rulemaking process if the commissioner determines that "the rulemaking policy alternatives available to the department are so limited that the public notice and comment period under (IC 13-14-9-3)... would provide no substantial benefit to:

(1) the environment; or

(2) persons to be regulated or otherwise affected by the proposed rule.".

The industrial solvent cleaning operations rule at 326 IAC 8-17 was added to the Indiana Administrative Code (IAC) in December 2009 (LSA Document #09-221) to address a revised federal control technique guideline (CTG). A CTG is a United States Environmental Protection Agency (U.S. EPA) guidance document that triggers a responsibility under Section 182(b)(2) of the Clean Air Act regarding certain nonattainment areas for states to submit reasonably available control technology (RACT) rules for stationary sources of volatile organic compound (VOC) emissions as part of their state implementation plans. The rule added new VOC limits for industrial solvent cleaning operations in Lake County and Porter County. The CTG included requirements to reduce VOC emissions stemming from the use of VOC-containing materials in solvent cleaning operations to remove contaminants, such as adhesives, inks, paint, dirt, soil, and grease. Contaminants are to be removed from spray booths, parts, products, tools, machinery, equipment, vessels (tanks), floors, walls, and other production work-related areas. The CTG recommended that states exclude from applicability those cleaning operations in industry sectors already covered by a separate category specific state rule. The new rule 326 IAC 8-17 was based on the control recommendations in the CTG (EPA-453/R-06-001 September 2006) and Ohio's industrial solvent cleaning rule at Ohio Administrative Code 3745-21-23.

IDEM has received a request from the American Coatings Association (ACA) to amend 326 IAC 8-17 to address cleaning at coatings, inks, adhesive, and resin manufacturing operations. The ACA recommends that Indiana exempt coatings, ink, adhesive, and resin manufacturing operations from 326 IAC 8-17 and adopt the solvent cleaning operation provisions that other Midwest states are in the process of adopting and that the United States Environmental Protection Agency (U.S. EPA) has generally endorsed. Cleaning manufacturing equipment is important since incomplete cleaning of process equipment and tanks can cause cross contamination of manufactured products and negatively impact product quality. The general 0.42 pound of VOC/gallon limit (or 8 millimeters of mercury (mmHG) VOC composite partial vapor pressure limit) in the current rule leaves two compliance options, use of exempt solvents or use of caustic cleaning systems. Exempt cleaning solvents present a number of problems for cleaning manufacturing equipment. For example, acetone is not as effective and more acetone would be needed to clean the same process equipment. Caustic cleaning systems are expensive, not as effective, and pose health and safety issues for workers using the caustic solutions. The CTG made it clear that states could consider specific category exclusions similar to the exclusions in the Bay Area and South Coast Air Quality Management Board (SCAQMD) rule. The SCAQMD rule excludes cleaning operations at manufacturing operations similar to the ACA request. The ACA requested that Indiana exempt coatings, ink, adhesive, and resin manufacturing operations from 326 IAC 8-17. IDEM is proposing to amend 326 IAC 8-17 to add this exclusion by including alternative requirements in 326 IAC 8-17-4(g) and 326 IAC 8-17-7(f) similar to recent amendments in Ohio's rules to address the same issue.

IDEM is also proposing to add the solvent-borne fluoropolymer coatings exemption in 326 IAC 8-17-2(c)(11) and amend the limit for the "ultraviolet ink and electron beam ink application equipment, except screen printing" category in 326 IAC 8-17-4 consistent with recent amendments in Ohio's rules. The amendments bring the rule in line with the recommendations of the CTG and the SCAQMD rule. IDEM seeks comments on the amendments to 326 IAC 8-17 and any other affected citations.

No element of the draft rule imposes either a restriction or a requirement on persons to whom the draft rule applies that is not imposed under federal law. The applicable CTGs presumptively define RACT under U.S. EPA regulations. When a state submits a RACT rule that is consistent with the presumptive RACT, the state does not need to submit additional support to demonstrate that the rule meets the Clean Air Act's RACT requirement. This amendment is consistent with requirements that U.S. EPA would consider RACT for this CTG.

This rulemaking should reduce the fiscal impact of the industrial solvent cleaning rule by providing alternative requirements for coatings, inks, adhesive, and resin manufacturing sources that otherwise would have had problems complying with the current rule.

At this time, no workgroup is planned for the rulemaking. If you feel that a workgroup or other informal discussion on the rule is appropriate, please contact Susan Bem, Rule and State Implementation Plan Development Section, Office of Air Quality at (317) 233-5697 or (800) 451-6027 (in Indiana).

IDEM established a compliance and technical assistance (CTAP) program under IC 13-28-3. The program provides assistance to small businesses and information regarding compliance with environmental regulations. In accordance with IC 13-28-3 and IC 13-28-5, there is a small business assistance program ombudsman to provide a point of contact for small businesses affected by environmental regulations. Information on the CTAP program, the monthly CTAP newsletter, and other resources available can be found at:

For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is:

Alison Beumer

IDEM Compliance and Technical Assistance Program - OPPTA

MC 60-04 IGCS W041

100 North Senate Avenue

Indianapolis, IN 46204-2251

(317) 232-8172 or (800) 988-7901

ctap@idem.in.gov

For purposes of IC 4-22-2-28.1, the Small Business Ombudsman designated by IC 5-28-17-5 is:

Ryan Asberry

Indiana Economic Development Corporation

One North Capitol, Suite 700

Indianapolis, IN 46204

(317) 232-8962

smallbizombudsman@iedc.in.gov

Resources available to regulated entities through the small business ombudsman include the ombudsman's duties stated in IC 5-28-17-5, specifically IC 5-28-17-5(9), investigating and attempting to resolve any matter regarding compliance by a small business with a law, rule, or policy administered by a state agency, either as a party to a proceeding or as a mediator.

The Small Business Assistance Program Ombudsman is:

Brad Baughn

IDEM Small Business Assistance Program Ombudsman

MC 50-01 IGCN 1307

100 North Senate Avenue

Indianapolis, IN 46204-2251

(317) 234-3386

bbaughn@idem.in.gov

The commissioner of IDEM has prepared written findings regarding rulemaking on industrial solvent cleaning operations. These findings are prepared under IC 13-14-9-7 and are as follows:

(1) This rulemaking is based on the control recommendations contained in U.S. EPA's CTG documents that presumptively define RACT for particular industries. Although state agencies developing RACT rules may elect control approaches that differ from those described in the CTG in practice, it is difficult to establish alternative control approaches that are approvable by U.S. EPA. Thus, options for varying from the control recommendations contained in the CTG are limited. The revisions to the control requirements being made in this draft rule are equivalent to those contained in the CTG which have already gone through public comment at the federal level. This notice will provide the opportunity to comment on how these control requirements will be implemented in Indiana.

(2) I have determined that under the specific circumstances pertaining to this rule, the rulemaking policy alternatives are so limited that the public notice and comment period provided in the notice of first public comment period would provide no substantial benefit to the environment or to persons to be regulated or otherwise affected by the rule.

(3) The draft rule is hereby incorporated into these findings.

This notice requests the submission of comments on the draft rule language, including suggestions for specific revisions to language to be contained in the rule. Mailed comments should be addressed to:

#11-401 (APCB) Coatings/Inks/Adhesive/Resin Manufacturing Exemption

Susan Bem Mail Code 61-50

Rule and SIP Development Section

Office of Air Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204

Comments may be submitted by facsimile at the IDEM fax number: (317) 233-5967, Monday through Friday, between 8:15 a.m. and 4:45 p.m. Please confirm the timely receipt of faxed comments by calling the Rule and State Implementation Plan Development Section at (317) 234-6530.

Comments must be postmarked, faxed, or hand delivered by August 19, 2011.

Additional information regarding this action may be obtained from Susan Bem, Rule and State Implementation Plan Development Section, Office of Air Quality, (317) 233-5697 or (800) 451-6027 (in Indiana).

SECTION 1. 326 IAC 8-17-2 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 13-15; IC 13-17

Sec. 2. (a) This rule does not apply to cleaning operations in the following source categories listed for regulation under Section 183(e) of the Clean Air Act:

(b) The following solvent cleaning operations are exempt from all the requirements of this rule:

(c) The following solvent cleaning operations are exempt from the VOC content limitations in section 4 of this rule:

(d) The following solvent cleaning operations are exempt from the work practice standards in section 4(c) of this rule:

(e) Cleaning with aerosol products shall be exempt from the requirements of section 4(a) and 4(c) of this rule if the source employs one and one-quarter (1.25) gallons or less of the aerosol products per day.

*This document is incorporated by reference. Copies may be obtained from the Government Printing Office, 732 North Capitol Street NW, Washington, D.C. 20401 or are available for review and copying at the Indiana Department of Environmental Management, Office of Air Quality, Indiana Government Center North, Tenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204.

SECTION 2. 326 IAC 8-17-4 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 13-15; IC 13-17

Sec. 4. (a) The owner or operator of a source that is subject to this rule shall not use a solvent to perform solvent cleaning operations unless the solvent complies with the applicable VOC content limitation as follows:

Solvent Cleaning Operation		VOC Limit (as-applied) (pounds/gallon)
Product cleaning during manufacturing process or surface preparation for coating, adhesive, or ink application:
General		0.42
Electrical apparatus components and electronic components		0.83
Medical devices and pharmaceuticals		6.7
Repair and maintenance cleaning:
General		0.42
Electrical apparatus components and electronic components		0.83
Medical devices and pharmaceuticals:
	Tools, equipment, and machinery	6.7
	General work surfaces	5.0
Cleaning of coating or adhesive application equipment		0.42
Cleaning of ink application equipment:
General		0.42
Flexographic printing		0.42
Gravure printing:
	Publication	0.83
	Packaging	0.42
Screen printing		4.2
Ultraviolet ink and electron beam ink application equipment, except screen printing		4.2 5.4
Specialty flexographic printing		0.83
Cleaning of polyester resin application equipment not subject to 40 CFR 63, Subpart WWWW*		0.42

(b) The owner or operator of a source that is subject to this rule shall employ only the following cleaning devices and methods:

(c) The owner or operator of a source that is subject to this rule is prohibited from atomizing any solvent unless the emissions are vented to VOC emission control equipment that meets the requirements of subsection (e).

(d) Work practices shall be used to minimize VOC emissions from the use, handling, storage, and disposal of cleaning solvents and shop towels. Work practices shall include, at a minimum, but not be limited to, the following:

(e) As an alternative to complying with the requirements in subsections (a) and (b), the owner or operator of a source that is subject to this rule may comply with this rule by installing and operating VOC emission control equipment for the solvent cleaning operation. The VOC emission control equipment shall comply with the following requirements:

(f) As an alternative to complying with the VOC content limits in subsection (a), the owner or operator of a source may use solvents or solvent solutions for industrial cleaning operations that have a VOC composite partial vapor pressure at or below eight (8) millimeters of mercury (mmHg) at twenty (20) degrees Celsius (sixty-eight (68) degrees Fahrenheit).

(g) As an alternative to complying with the requirements in subsections (a) and (b), a manufacturer of coatings, inks, adhesives, or resins may comply with the following requirements:

*This document is incorporated by reference. Copies may be obtained from the Government Printing Office, 732 North Capitol Street NW, Washington, D.C. 20401 or are available for review and copying at the Indiana Department of Environmental Management, Office of Air Quality, Indiana Government Center North, Tenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204.

SECTION 3. 326 IAC 8-17-7 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 13-15; IC 13-17

Sec. 7. (a) The owner or operator of a solvent cleaning operation that is subject to one (1) or more of the VOC content limits in section 4 of this rule shall collect and record the following information each month for each cleaning material subject to a VOC content limit:

(b) The owner or operator of a solvent cleaning operation installing and operating VOC emission control equipment to achieve and maintain compliance with the requirements in section 4(e) of this rule shall comply with the following:

(c) Any owner or operator of a solvent cleaning operation that is exempt from the VOC content limits specified in section 4 of this rule, under section 2(c)(5) or 2(c)(12) of this rule, shall collect and record the following information each day for each such solvent cleaning operation:

(d) Any owner or operator of a solvent cleaning operation that is exempt from the requirements in section 4(a) and 4(c) of this rule, under section 2(e) of this rule, shall collect and record the following information each day for each such solvent cleaning operation:

(e) Any owner or operator of a solvent cleaning operation that is exempt from the VOC content limits specified in section 4 of this rule, under section 2(c)(9) of this rule, shall record each day the total volume of ethyl acetate employed in such solvent cleaning operation.

(f) A manufacturer of coatings, inks, adhesives, or resins that complies with section 4(g) of this rule shall record and maintain each month for each cleaning material the following information:

(f) (g) All records required by this rule shall be maintained at the source for a period of five (5) years.

Notice of Public Hearing

DIN: 20110720-IR-326110401FDA

Composed: Apr 24,2024 12:10:11AM EDT

A PDF version of this document.