[Federal Register Volume 72, Number 56 (Friday, March 23, 2007)]
[Rules and Regulations]
[Pages 13708-13710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5359]
[[Page 13708]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2005-IL-0001; FRL-8290-5]
Approval and Promulgation of Air Quality Implementation Plans;
Illinois
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The EPA is approving volatile organic compound (VOC) rules for
Formel Industries, Inc. (Formel) as a revision to the Illinois State
Implementation Plan (SIP) for ground level ozone. On December 12, 2001
EPA approved an adjusted standard for Formel. At that time Formel, a
flexographic printer in Cook County, Illinois, was given an adjusted
standard because Illinois determined it was not technically feasible or
economically reasonable for Formel to meet the VOC control requirements
for flexographic printers. Illinois is now withdrawing the adjusted
standard because Formel has installed a catalytic oxidizer that allows
it to meet the VOC control requirements. This control device will
reduce VOC emissions from Formel. VOC is an ozone precursor, so the VOC
emissions reduction from Formel should help reduce ozone levels in Cook
County, Illinois.
DATES: This direct final rule will be effective May 22, 2007, unless
EPA receives adverse comments by April 23, 2007. If adverse comments
are received, EPA will publish a timely withdrawal of the direct final
rule in the Federal Register informing the public that the rule will
not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2005-IL-0001, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: [email protected].
3. Fax: (312) 886-5824.
4. Mail: John M. Mooney, Chief, Criteria Pollutant Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: John M. Mooney, Chief, Criteria Pollutant
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such
deliveries are only accepted during the Regional Office normal hours of
operation, and special arrangements should be made for deliveries of
boxed information. The Regional Office official hours of business are
Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding Federal
holidays.
Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2005-IL-0001. EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through www.regulations.gov
or e-mail. The www.regulations.gov Web site is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
www.regulations.gov your e-mail address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Environmental Protection
Agency, Region 5, Air and Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. This Facility is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. We
recommend that you telephone Matt Rau, Environmental Engineer, at (312)
886-6524 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer,
Criteria Pollutant Section, Air Programs Branch (AR 18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 886-6524, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. What Is EPA Approving?
II. What Is the Background for This Action?
III. What Is EPA's Analysis of the State Submission?
IV. What Are the Environmental Effects of This Action?
V. What Action Is EPA Taking Today?
VI. Statutory and Executive Order Reviews
I. What Is EPA Approving?
EPA is approving a revision of the Illinois State Implementation
Plan (SIP). This SIP revision removes an adjusted standard for Formel
from 35 Illinois Administrative Code (IAC) Section 218.401(a), (b), and
(c), VOC control requirements for Chicago area printers. Formel has
installed a catalytic oxidizer. Now that Formel has a control device
installed, it can comply with the VOC control requirements. As a
result, Illinois withdrew the adjusted standard for Formel and EPA is
approving the withdrawal of the adjusted standard. Formel is required
to operate a capture system and a control device that provides an
overall VOC reduction of at least 60 percent. The control device must
reduce captured VOC emissions by 90 percent or more.
II. What Is the Background for This Action?
Formel is a flexographic printer in Cook County, Illinois. Formel
has potential VOC emissions of 80 tons per year making it subject 35
IAC 218.401(a), (b), and (c). The VOC rules, 35 IAC 218.401, require
printers to either use water-based compliant inks or to use a capture
system and a control device. Formel prints food packaging on high slip
plastic which precluded the use of compliant inks. In 2000, adding a
control device was determined to not be economically reasonable. Formel
requested and was granted an adjusted standard because it could not
practically comply with the flexographic printing rule. Conditions in
the adjusted standard require that the adjusted standard must be
revised or withdrawn if Formel determines that it is feasible to use
compliant inks or a control device. Formel has installed a catalytic
oxidizer and is now complying with the flexographic printing rules.
Formel must
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reduce VOC emissions by at least 60 percent. The control device must
destroy at least 90 percent of captured VOC emissions. The adjusted
standard required Formel to buy allotments from other companies to
offset its emissions. The VOC emission reductions from the control
device at a minimum will be the same as achieved by buying allotments.
Catalytic oxidizers operate more efficiently as the VOC concentration
increase. Thus, Formel has incentive to maximizing its capture
efficiency. The adjusted standard for Formel was terminated on April
15, 2004 by the Illinois Pollution Control Board.
III. What Is EPA's Analysis of the State Submission?
Illinois provided the adjusted standard withdrawal notice. The
state also provided background documents on the adjusted standard.
Formel will comply with 35 IAC 218.401 with the adjusted standard being
removed. This rule applies to flexographic printers in the Chicago
ozone nonattainment area. The catalytic oxidizer Formel is now using
should control the VOC emissions at least as much as the reductions
from other sources that produced the allotments Formel purchased.
IV. What Are the Environmental Effects of This Action?
The Formel facility is located in Cook County, Illinois, which is
part of the Chicago Moderate 8-hour ozone nonattainment area.
Formel will now comply with the flexographic printing rule with its
installed control device. Formel is reducing its VOC emissions, a
precursor to ozone formation, with the control device.
Ozone decreases lung function, causing chest pain and coughing. It
can aggravate asthma, reduce lung capacity, and increase risk of
respiratory diseases like pneumonia and bronchitis. Children playing
outside and healthy adults who work or exercise outside also may be
harmed by elevated ozone levels. Ozone also reduces vegetation growth
in economically important agricultural crops and wild plants. VOC
emissions will not increase, so ozone formation should not increase due
to the Formel revision.
V. What Action Is EPA Taking Today?
EPA is approving revisions to the Illinois SIP that remove the
adjusted standard for Formel. Formel has installed a control device and
is complying with the flexographic printing rule.
We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the state plan if relevant adverse
written comments are filed. This rule will be effective May 22, 2007
without further notice unless we receive relevant adverse written
comments by April 23, 2007. If we receive such comments, we will
withdraw this action before the effective date by publishing a
subsequent document that will withdraw the final action. All public
comments received will then be addressed in a subsequent final rule
based on the proposed action. The EPA will not institute a second
comment period. Any parties interested in commenting on this action
should do so at this time. If we do not receive any comments, this
action will be effective May 22, 2007.
VI. Statutory and Executive Order Reviews
Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget.
Executive Order 13211: Actions That Significantly Affect Energy Supply,
Distribution, or Use
Because it is not a ``significant regulatory action'' under
Executive Order 12866 or a ``significant energy action,'' this action
is also not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001).
Regulatory Flexibility Act
This action merely approves state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this rule will not have a significant economic impact on a substantial
number of small entities under the Regulatory Flexibility Act (5 U.S.C.
601 et seq.).
Unfunded Mandates Reform Act
Because this rule approves pre-existing requirements under state
law and does not impose any additional enforceable duty beyond that
required by state law, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
Executive Order 13175: Consultation and Coordination With Indian Tribal
Governments
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (59
FR 22951, November 9, 2000).
Executive Order 13132: Federalism
This action also does not have Federalism implications because it
does not have substantial direct effects on the states, on the
relationship between the national government and the states, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). This action merely approves a state rule implementing a
federal standard, and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act.
Executive Order 13045: Protection of Children From Environmental Health
and Safety Risks
This rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it approves a state rule implementing a
Federal Standard.
National Technology Transfer Advancement Act
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
state to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply.
Paperwork Reduction Act
This rule does not impose an information collection burden under
the
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provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.).
Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by May 22, 2007. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Volatile organic
compounds.
Dated: February 28, 2007.
Steve Rothblatt,
Acting Regional Administrator, Region 5.
0
For the reasons stated in the preamble, part 52, chapter I, of title 40
of the Code of Federal Regulations is amended as follows:
PART 52--[AMENDED]
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart O--Illinois
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2. Section 52.720 is amended by adding paragraph (c)(176) to read as
follows:
Sec. 52.720 Identification of plan.
* * * * *
(c) * * *
(176) On June 14, 2004, Illinois submitted revisions to volatile
organic compound rules for Formel Industries, Incorporated in Cook
County, Illinois. The revisions consist of withdrawing an adjusted
standard to the Flexographic Printing Rule. Formel Industries has
installed a control device and is complying with the Flexographic
Printing Rule.
(i) Incorporation by reference.
An April 15, 2004, Supplemental Opinion and Order of the Illinois
Pollution Control Board AS 00-13, terminating Formel's previously
issued (January 18, 2001) adjusted standard from the Flexographic
Printing Rule, effective April 15, 2004.
[FR Doc. E7-5359 Filed 3-22-07; 8:45 am]
BILLING CODE 6560-50-P