Approval and Promulgation of Implementation Plans; Illinois; Volatile Organic Compound Emission Control Measures for Chicago and Metro-East St. Louis Ozone Nonattainment Areas, 74014-74017 [2011-30844]

Download as PDF 74014 Federal Register / Vol. 76, No. 230 / Wednesday, November 30, 2011 / Proposed Rules ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R05–OAR–2010–0671; FRL–9498–5] Approval and Promulgation of Implementation Plans; Illinois; Volatile Organic Compound Emission Control Measures for Chicago and Metro-East St. Louis Ozone Nonattainment Areas Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: On July 29, 2010, September 16, 2011, and September 29, 2011, the Illinois Environmental Protection Agency (IEPA) submitted several volatile organic compound (VOC) rules for approval into its State Implementation Plan (SIP). The purpose of these rules is to satisfy the Clean Air Act’s (the Act) requirement that States revise their SIPs to include reasonably available control technology (RACT) for sources of VOC emissions in moderate ozone nonattainment areas. Illinois’ VOC rules provide RACT requirements for the Chicago and Metro-East St. Louis 8-hour ozone nonattainment areas. These rules are approvable because they are consistent with the Control Technique Guideline (CTG) documents issued by EPA in 2006, 2007, and 2008 and satisfy the RACT requirements of the Act. DATES: Comments must be received on or before December 30, 2011. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R05– OAR–2010–0671, by one of the following methods: • http://www.regulations.gov: Follow the on-line instructions for submitting comments. • Email: aburano.douglas@epa.gov. • Fax: (312) 408–2279. • Mail: Douglas Aburano, Chief, Attainment Planning and Maintenance Section (AR–18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. • Hand Delivery: Douglas Aburano, Chief, Attainment Planning and Maintenance Section (AR–18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, 18th floor, Chicago, Illinois 60604. Such deliveries are only accepted during the Regional Office’s 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. tkelley on DSK3SPTVN1PROD with PROPOSALS SUMMARY: VerDate Mar<15>2010 14:08 Nov 29, 2011 Jkt 226001 Instructions: Direct your comments to Docket ID No. EPA–R05–OAR–2010– 0671. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at http:// 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 http:// www.regulations.gov or email. The http://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 email comment directly to EPA without going through http:// www.regulations.gov your email 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. For additional instructions on submitting comments, go to Section I of the SUPPLEMENTARY INFORMATION section of this document. Docket: All documents in the docket are listed in the http:// 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 http:// 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 Federal holidays. We recommend that you telephone Steven Rosenthal at (312) 886–6052 before visiting the Region 5 office. FOR FURTHER INFORMATION CONTACT: Steven Rosenthal, Environmental PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 Engineer, Attainment Planning & Maintenance Section, Air Programs Branch (AR–18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886–6052, rosenthal.steven@epa.gov. 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 should I consider as i prepare my comments for EPA? II. What action is EPA taking today? III. What is the purpose of this action? IV. What is EPA’s analysis of Illinois’ submitted VOC rules? V. Statutory and Executive Order Reviews I. What should I consider as I prepare my comments for EPA? When submitting comments, remember to: 1. Identify the rulemaking by docket number and other identifying information (subject heading, Federal Register date, and page number). 2. Follow directions—EPA may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations (CFR) part or section number. 3. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. 4. Describe any assumptions and provide any technical information and/ or data that you used. 5. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. 6. Provide specific examples to illustrate your concerns, and suggest alternatives. 7. Explain your views as clearly as possible, avoiding the use of profanity or personal threats. 8. Make sure to submit your comments by the comment period deadline identified. II. What action is EPA taking today? EPA is proposing to approve into the Illinois SIP several new VOC rules at 35 Illinois Adm. Code 211, 218, and 219, which set out RACT requirements for categories of VOC sources in two ozone nonattainment areas. These rules correspond to and are consistent with the source categories and control recommendations in the CTGs issued by EPA in 2006, 2007, and 2008. Illinois adopted new rules for industrial cleaning solvents, flat wood paneling coatings, flexible packaging printing materials, lithographic printing materials, letterpress printing materials, E:\FR\FM\30NOP1.SGM 30NOP1 Federal Register / Vol. 76, No. 230 / Wednesday, November 30, 2011 / Proposed Rules paper, film and foil coatings, metal furniture coatings, large appliance coatings, miscellaneous metals and plastic parts coatings, auto and lightduty truck coatings, miscellaneous industrial adhesives, and fiberglass boat manufacturing materials. Illinois also adopted several other related revisions, which were mostly corrections to improve the effectiveness of its existing VOC rules. tkelley on DSK3SPTVN1PROD with PROPOSALS III. What is the purpose of this action? The primary purpose of these rules is to satisfy the requirement in section 182(b) of the Act that VOC RACT rules be adopted for nonattainment areas for the source categories covered by the CTG documents issued by EPA in 2006, 2007, and 2008. The Chicago and MetroEast St. Louis areas are classified as moderate nonattainment for the 8-hour ozone national ambient air quality standard. See 40 CFR 81.314. Section 182(b)(2) of the Act requires that for areas classified as moderate or above for ozone nonattainment States must revise their SIPs to adopt RACT requirements for VOC sources that are covered by CTGs. RACT is defined as the lowest emissions limitation that a particular source is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility (44 FR 53762, September 17, 1979). A CTG provides information on determining RACT for a source category including recommendations on control options and enforcement provisions for the category. IV. What is EPA’s analysis of Illinois’ submitted VOC rules? As discussed previously, EPA issued new CTGs in 2006, 2007, and 2008. EPA has reviewed Illinois’ new VOC rules for the source categories covered by these CTGs, and proposes to find that these rules are consistent with the control measures, definitions, recordkeeping and test methods in these CTGs and applicable EPA RACT guidance at http://www.epa.gov/ttn/naaqs/ozone/ ozonetech/#ref. Therefore EPA is proposing to approve these rules as meeting the RACT requirements in the Act. The definitions in 35 Illinois Adm. Code Part 211 apply to both the Chicago and Metro-East St. Louis 8-hour ozone nonattainment areas. 35 Illinois Adm. Code Part 218 contains the volatile organic material (VOM), which is the same as VOC, emission standards and limitations for specified categories of VOM sources in the Chicago Area and Part 219 contains the VOM emission standards and limitations for the same categories of VOM sources in the Metro- VerDate Mar<15>2010 14:08 Nov 29, 2011 Jkt 226001 East St. Louis Area. The General Provisions for Parts 218 and 219 include test methods and procedures to ensure enforceability of the VOM limits. A brief discussion of these rules follows. (1) Section 211—Definitions Revisions to this section primarily consist of new definitions that are needed to support the new and revised rules. These definitions are consistent with EPA RACT guidance and are approvable. (2) Sections 218.187 and 219.187— Other Industrial Solvent Cleaning Operations These new regulations are based on EPA’s 2006 CTG for Industrial Cleaning Solvents. The requirements of these sections apply to all cleaning operations that emit 500 pounds of VOM per month. This section contains VOM content limits for cleaning solutions, depending upon the type of cleaning being performed. Compliance can also be achieved by using a cleaning solution that does not exceed 8.00 millimeters of mercury (mmHg) or by use of add-on control (i.e., an afterburner or carbon adsorber) that achieves 85 percent control. Work practices (e.g. cover open containers) are also required to further reduce emissions. Recordkeeping requirements are also included to establish applicability and whether subject sources are in compliance. (3) Sections 218.204–218.219 and 218.204–218.219—Coating Operations Illinois’ surface coating regulations being proposed for approval include requirements for applicability, emissions limits, control techniques, and work practices. These regulations are based on the relevant 2006, 2007, and 2008 CTGs. For example, based upon the applicability cutoffs for the surface coating rules, which are contained in sections 218.208 and 219.208, the various surface coating emission limits apply to sources with emissions of VOMs (resulting from the application of surface coatings) equal to or greater than 15 pounds (6.8 kilograms) per day, or an equivalent level of 2.7 tons per 12 month rolling period. The categories of Illinois’ surface coating regulations being proposed for approval in this action are identified below. Flat Wood Paneling—These regulations have been revised based on EPA’s 2006 CTG for Flat Wood Paneling Coatings. Illinois’ VOM content limits are 2.1 pounds VOM/gallon of coating or 2.9 pounds VOM/gallon of solids, which are consistent with the CTG. PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 74015 When compliance is achieved by the use of add-on control, the required overall control efficiency of 90 percent is also consistent with the CTG. Large Appliance Coatings—These regulations have been revised based on EPA’s 2007 CTG for Large Appliance Coatings. Emission limits, e.g. 2.3 pounds VOM/gallon for general, one component coatings, are consistent with the CTG. When compliance is achieved by the use of add-on control, the required overall control efficiency of 90 percent is also consistent with the CTG. Metal Furniture Coatings—These regulations have been revised based on EPA’s 2007 CTG for Metal Furniture Coatings. Emission limits, e.g. 2.3 pounds VOM/gallon for general, one component coatings, are consistent with the CTG. When compliance is achieved by the use of add-on control, the required overall control efficiency of 90 percent is also consistent with the CTG. Paper, Film, and Foil Coatings— These regulations have been revised based on EPA’s 2007 CTG for Paper, Film, and Foil Coatings. Illinois’ VOM content limits are 0.20 pounds VOM/ pound of solids applied for pressure sensitive tape and label surface coatings, and 0.40 pounds VOM/pound solids applied for all other paper coatings, which are consistent with the CTG. When compliance is achieved by the use of add-on control, the required overall control efficiency of 90 percent is also consistent with the CTG. Miscellaneous Metal and Plastic Parts Coatings—These regulations have been revised based on EPA’s 2008 CTG for Miscellaneous Metal Products Coatings and Plastic Parts Coatings. Emission limits, e.g. 2.3 pounds VOM/gallon for general, one component coatings, are consistent with the CTG. When compliance is achieved by the use of add-on control, the required overall control efficiency of 90 percent is also consistent with the CTG. Automobile and Light-duty Truck Assembly Coatings—These regulations have been revised based on EPA’s 2008 CTG for Auto and Light-Duty Truck Assembly Coatings. Emission limits, e.g. 1.44 pounds VOM/gallon coating solids deposited for topcoat operations, are consistent with the CTG. As specified in the CTG, compliance with these limits is based on EPA’s ‘‘Protocol for Determining the Daily VOC Emission Rate of Automobile and Light-Duty Truck Primer-Surfacer and Topcoat Operations.’’ This testing protocol considers the VOM content limit, the transfer efficiency and the efficiency of add-on control to establish compliance with the applicable emission limit. E:\FR\FM\30NOP1.SGM 30NOP1 74016 Federal Register / Vol. 76, No. 230 / Wednesday, November 30, 2011 / Proposed Rules (4) Graphic Arts Illinois’ graphic arts regulations being proposed for approval in this action include applicability and control requirements, and are based on the relevant 2006 CTGs. The categories of Illinois graphic arts regulations being proposed for approval in this action are identified below. Sections 218.401–404 and 219.401– 404—Flexible Package Printing These regulations have been revised based on EPA’s 2006 CTG for Flexible Packaging Printing Materials. Subject printing lines may comply by meeting limits of 0.8 pounds VOM per pound of solids applied or 0.16 pounds VOM per pound of ink and coatings applied. Alternatively, compliance can be achieved by the use of add-on control achieving an overall reduction in VOM emissions ranging from 65 percent to 80 percent, depending upon when the printing line and control device were constructed. Work practices to reduce emissions from the use of VOM containing cleaning materials are also required. Recordkeeping requirements are also specified to establish applicability and compliance with the applicable limits. tkelley on DSK3SPTVN1PROD with PROPOSALS Sections 218.405–411 and 219.405– 411—Lithographic Printing These regulations are based on EPA’s 2006 CTG for Lithographic Printing. The control requirements for cleaning materials and fountain solutions apply if the combined emissions of VOM exceed 15 pounds per day. The add-on control requirements for heatset web offset printing operations apply if the combined emissions of VOM from all lithographic printing lines at the source ever exceed 100 pounds per day. The fountain solution is subject to a percent VOM limit, based upon the temperature and whether or not the fountain solution contains alcohol. The cleaning materials must not exceed 70 percent by weight VOM or the VOM composite partial pressure must be less than 10 mmHg. An add-on control device on a subject heatset dryer must achieve a 90 percent or 95 percent reduction of VOM emissions, depending on the installation date of the add-on control device, or alternatively can comply by not exceeding an outlet concentration of 20 parts per million by volume (ppmv), as carbon. Recordkeeping requirements are also specified to establish applicability and compliance with the applicable limits. VerDate Mar<15>2010 14:08 Nov 29, 2011 Jkt 226001 Sections 218.412–417 and 219.412– 417—Letterpress Printing These regulations are based on EPA’s 2006 CTG for Letterpress Printing. The control requirements for cleaning materials apply if the combined emissions of VOM exceed 15 pounds per day. The add-on control requirements for heatset web letterpress printing operations apply if the combined emissions of VOM from all heatset web letterpress printing lines have a total potential to emit 25 tons or more of VOM per year. The cleaning materials must not exceed 70 percent by weight VOM or the VOM composite partial pressure must be less than 10 mmHg. An add-on control device on a subject heatset dryer must achieve a 90 percent or 95 percent reduction of VOM emissions, depending on the installation date of the add-on control device, or alternatively can comply by not exceeding an outlet concentration of 20 ppmv, as carbon. Recordkeeping requirements are also specified to establish applicability and compliance with the applicable limits. (5) Sections 218.900–218.904 and 218.900–904—Miscellaneous Industrial Adhesives These new regulations are based on EPA’s 2008 CTG for Miscellaneous Industrial Adhesive Application Operations. The control requirements for miscellaneous industrial adhesive application operations apply if the combined emissions of VOM from all such operations equal or exceed 15 pounds per day. Subject adhesive application operations must either meet the specific VOM content limitations, depending upon the substrate being bonded (e.g. 0.3 pounds VOM per gallon of adhesive for bonding metal) or use an add-on control system that achieves an overall VOM reduction of at least 85 percent. Specific adhesive application methods (e.g. electrostatic spray) and work practices are also required to reduce emissions. Recordkeeping requirements are also specified to establish applicability and compliance with the applicable limits. (6) Sections 218.890–218.904 and 219.890–904—Fiberglass Boat Manufacturing Materials These new regulations are based on EPA’s 2008 CTG for Fiberglass Boat Manufacturing Materials. The control requirements for fiberglass boat manufacturing operations apply if the combined emissions of VOM from all such operations equal or exceed 15 pounds per day. This rule covers open molding and gel coat operations, resin PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 and gel coat mixing operations, and resin and gel coat application equipment cleaning operations. Emission limits are consistent with the CTG, as are VOC content and vapor pressure limits applicable to cleaning activities in fiberglass boat manufacturing. Subject facilities can comply by using specified monomer VOM content limits (e.g. production resin applied via atomized spray would need to comply with a weighted average monomer VOM content limit of 28 percent by weight) and a non-monomer VOM content limit of 5 percent. An emission averaging option is also available. The VOM containing cleaning solutions for routine cleaning of application equipment must either be no more than 5 percent VOM, by weight, or the composite vapor pressure must be no more than 0.50 mmHg. Also, mixing containers that are 55 gallons, or greater, must be covered. Recordkeeping requirements are also specified to establish applicability and compliance with the applicable limits. V. Statutory and Executive Order Reviews Under the Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve State choices, provided that they meet the criteria of the Act. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by State law. For that reason, this action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • 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); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); E:\FR\FM\30NOP1.SGM 30NOP1 Federal Register / Vol. 76, No. 230 / Wednesday, November 30, 2011 / Proposed Rules • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Intergovernmental relations, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: November 17, 2011. Susan Hedman, Regional Administrator, Region 5. [FR Doc. 2011–30844 Filed 11–29–11; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 64 [CG Docket Nos. 11–116 and 09–158; CC Docket No. 98–170; FCC 11–106; DA 11– 1860] Empowering Consumers to Prevent and Detect Billing for Unauthorized Charges (‘‘Cramming’’); Consumer Information and Disclosure; Truth-inBilling and Billing Format Federal Communications Commission. ACTION: Proposed rule; extension of reply comment period. tkelley on DSK3SPTVN1PROD with PROPOSALS AGENCY: In this document, the Commission extends the deadline to for filing reply comments on the Commission’s Notice of Proposed Rulemaking (NPRM) seeking comment on various proposals designed to assist SUMMARY: VerDate Mar<15>2010 14:08 Nov 29, 2011 Jkt 226001 consumers in detecting and preventing the placement of unauthorized charges on the their telephone bills, an unlawful and fraudulent practice commonly referred to as cramming. The extension will facilitate the development of a full record given the importance of the issues in this proceeding. DATES: Reply comments are due on or before December 5, 2011. ADDRESSES: You may submit reply comments, identified by CG Docket No. 11–116 by any of the following methods: • Federal Communications Commission’s Web site: Follow the instructions for submitting comments. • People with Disabilities: Contact the FCC to request reasonable accommodations (accessible format documents, sign language interpreters, CART, etc.) by email: FCC504@fcc.gov or phone: (202) 418–0530 or TTY: (202) 418–0432. For detailed instructions for submitting comments and additional information on the rulemaking process, see the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: John B. Adams, FCC, Consumer and Governmental Affairs Bureau, Consumer Policy Division, at (202) 418–2854 (voice), or e-mail JohnB.Adams@fcc.gov. SUPPLEMENTARY INFORMATION: This is a summary of the Commission’s Order, document DA 11–1860, adopted on November 4, 2011, and released on November 4, 2011, in CG Docket Nos. 11–116 and 09–158, and CC Docket No. 98–170, which extends the reply comment filing deadline established in FCC 11–106, published at 76 FR 52625, August 23, 2011. The full text of document DA 11–1860 and copies of any subsequently filed documents in this matter will be available for public inspection and copying during regular business hours at the FCC Reference Information Center, Portals II, 445 12th Street SW., Room CY–A257, Washington, DC 20554. They may also be purchased from the Commission’s duplicating contractor, Best Copy and Printing, Inc., Portals II, 445 12th Street SW., Room CY–B402, Washington, DC 20554, telephone: (202) 488–5300, fax: (202) 488–5563, or Internet: http:// www.bcpiweb.com. The full text of document DA 11–1860 may also be downloaded at http://www.fcc.gov. To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer and Governmental Affairs Bureau at (202) 418–0530 (voice), (202) 418–0432 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 74017 (TTY). Pursuant to §§ 1.415 and 1.419 of the Commission’s rules, 47 CFR 1.415 and 1.419, interested parties may file reply comments on or before the dates indicated in the DATES section of this document. Comments may be filed using: (1) The Commission’s Electronic Comment Filing System (ECFS); or (2) by filing paper copies. All filings should reference the docket number of this proceeding, CG Docket No. 11–116. • Electronic Filers: Comments may be filed electronically using the Internet by accessing the ECFS: http:// fjallfoss.fcc.gov/ecfs2/. Filers should follow the instructions provided on the website for submitting comments. In completing the transmittal screen, ECFS filers should include their full name, U.S. Postal Service mailing address, and CG Docket No. 11–116. • Paper Filers: Parties who choose to file by paper must file an original and one copy of each filing. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission. • All hand-delivered or messengerdelivered paper filings for the Commission’s Secretary must be delivered to FCC Headquarters at 445 12th Street SW., Room TW–A325, Washington, DC 20554. The filing hours are 8 a.m. to 7 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes or boxes must be disposed of before entering the building. • Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. Background Document FCC 11–106 established a comment deadline of October 24, 2011 and a reply comment deadline of November 21, 2011. On October 27, 2011, the National Association of State Utility Consumer Advocates (NASUCA) requested that the reply comment deadline be extended by 30 days because of the volume of initial comments and the occurrence of NASUCA’s annual conference during the reply comment period. The Commission grants NASUCA’s request in part. As stated in § 1.46(a) of the Commission’s rules, 47 CFR 1.46(a), the Commission’s policy is that extensions of time are not routinely granted. In the interest of encouraging development of a full record, the Commission believes E:\FR\FM\30NOP1.SGM 30NOP1

Agencies

[Federal Register Volume 76, Number 230 (Wednesday, November 30, 2011)]
[Proposed Rules]
[Pages 74014-74017]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-30844]



[[Page 74014]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2010-0671; FRL-9498-5]


Approval and Promulgation of Implementation Plans; Illinois; 
Volatile Organic Compound Emission Control Measures for Chicago and 
Metro-East St. Louis Ozone Nonattainment Areas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: On July 29, 2010, September 16, 2011, and September 29, 2011, 
the Illinois Environmental Protection Agency (IEPA) submitted several 
volatile organic compound (VOC) rules for approval into its State 
Implementation Plan (SIP). The purpose of these rules is to satisfy the 
Clean Air Act's (the Act) requirement that States revise their SIPs to 
include reasonably available control technology (RACT) for sources of 
VOC emissions in moderate ozone nonattainment areas. Illinois' VOC 
rules provide RACT requirements for the Chicago and Metro-East St. 
Louis 8-hour ozone nonattainment areas. These rules are approvable 
because they are consistent with the Control Technique Guideline (CTG) 
documents issued by EPA in 2006, 2007, and 2008 and satisfy the RACT 
requirements of the Act.

DATES: Comments must be received on or before December 30, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2010-0671, by one of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     Email: aburano.douglas@epa.gov.
     Fax: (312) 408-2279.
     Mail: Douglas Aburano, Chief, Attainment Planning and 
Maintenance Section (AR-18J), U.S. Environmental Protection Agency, 77 
West Jackson Boulevard, Chicago, Illinois 60604.
     Hand Delivery: Douglas Aburano, Chief, Attainment Planning 
and Maintenance Section (AR-18J), U.S. Environmental Protection Agency, 
77 West Jackson Boulevard, 18th floor, Chicago, Illinois 60604. Such 
deliveries are only accepted during the Regional Office's 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-
2010-0671. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://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 http://www.regulations.gov or email. The http://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 email comment directly to EPA without 
going through http://www.regulations.gov your email 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. For additional instructions on submitting 
comments, go to Section I of the SUPPLEMENTARY INFORMATION section of 
this document.
    Docket: All documents in the docket are listed in the http://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 http://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 Federal 
holidays. We recommend that you telephone Steven Rosenthal at (312) 
886-6052 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Steven Rosenthal, Environmental 
Engineer, Attainment Planning & Maintenance Section, Air Programs 
Branch (AR-18J), U.S. Environmental Protection Agency, Region 5, 77 
West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6052, 
rosenthal.steven@epa.gov.

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 should I consider as i prepare my comments for EPA?
II. What action is EPA taking today?
III. What is the purpose of this action?
IV. What is EPA's analysis of Illinois' submitted VOC rules?
V. Statutory and Executive Order Reviews

I. What should I consider as I prepare my comments for EPA?

    When submitting comments, remember to:
    1. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date, and page number).
    2. Follow directions--EPA may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    3. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    4. Describe any assumptions and provide any technical information 
and/or data that you used.
    5. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    6. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    7. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    8. Make sure to submit your comments by the comment period deadline 
identified.

II. What action is EPA taking today?

    EPA is proposing to approve into the Illinois SIP several new VOC 
rules at 35 Illinois Adm. Code 211, 218, and 219, which set out RACT 
requirements for categories of VOC sources in two ozone nonattainment 
areas. These rules correspond to and are consistent with the source 
categories and control recommendations in the CTGs issued by EPA in 
2006, 2007, and 2008. Illinois adopted new rules for industrial 
cleaning solvents, flat wood paneling coatings, flexible packaging 
printing materials, lithographic printing materials, letterpress 
printing materials,

[[Page 74015]]

paper, film and foil coatings, metal furniture coatings, large 
appliance coatings, miscellaneous metals and plastic parts coatings, 
auto and light-duty truck coatings, miscellaneous industrial adhesives, 
and fiberglass boat manufacturing materials. Illinois also adopted 
several other related revisions, which were mostly corrections to 
improve the effectiveness of its existing VOC rules.

III. What is the purpose of this action?

    The primary purpose of these rules is to satisfy the requirement in 
section 182(b) of the Act that VOC RACT rules be adopted for 
nonattainment areas for the source categories covered by the CTG 
documents issued by EPA in 2006, 2007, and 2008. The Chicago and Metro-
East St. Louis areas are classified as moderate nonattainment for the 
8-hour ozone national ambient air quality standard. See 40 CFR 81.314.
    Section 182(b)(2) of the Act requires that for areas classified as 
moderate or above for ozone nonattainment States must revise their SIPs 
to adopt RACT requirements for VOC sources that are covered by CTGs. 
RACT is defined as the lowest emissions limitation that a particular 
source is capable of meeting by the application of control technology 
that is reasonably available considering technological and economic 
feasibility (44 FR 53762, September 17, 1979). A CTG provides 
information on determining RACT for a source category including 
recommendations on control options and enforcement provisions for the 
category.

IV. What is EPA's analysis of Illinois' submitted VOC rules?

    As discussed previously, EPA issued new CTGs in 2006, 2007, and 
2008. EPA has reviewed Illinois' new VOC rules for the source 
categories covered by these CTGs, and proposes to find that these rules 
are consistent with the control measures, definitions, recordkeeping 
and test methods in these CTGs and applicable EPA RACT guidance at 
http://www.epa.gov/ttn/naaqs/ozone/ozonetech/#ref. Therefore EPA is 
proposing to approve these rules as meeting the RACT requirements in 
the Act. The definitions in 35 Illinois Adm. Code Part 211 apply to 
both the Chicago and Metro-East St. Louis 8-hour ozone nonattainment 
areas. 35 Illinois Adm. Code Part 218 contains the volatile organic 
material (VOM), which is the same as VOC, emission standards and 
limitations for specified categories of VOM sources in the Chicago Area 
and Part 219 contains the VOM emission standards and limitations for 
the same categories of VOM sources in the Metro-East St. Louis Area. 
The General Provisions for Parts 218 and 219 include test methods and 
procedures to ensure enforceability of the VOM limits. A brief 
discussion of these rules follows.

(1) Section 211--Definitions

    Revisions to this section primarily consist of new definitions that 
are needed to support the new and revised rules. These definitions are 
consistent with EPA RACT guidance and are approvable.

(2) Sections 218.187 and 219.187--Other Industrial Solvent Cleaning 
Operations

    These new regulations are based on EPA's 2006 CTG for Industrial 
Cleaning Solvents. The requirements of these sections apply to all 
cleaning operations that emit 500 pounds of VOM per month. This section 
contains VOM content limits for cleaning solutions, depending upon the 
type of cleaning being performed. Compliance can also be achieved by 
using a cleaning solution that does not exceed 8.00 millimeters of 
mercury (mmHg) or by use of add-on control (i.e., an afterburner or 
carbon adsorber) that achieves 85 percent control. Work practices (e.g. 
cover open containers) are also required to further reduce emissions. 
Recordkeeping requirements are also included to establish applicability 
and whether subject sources are in compliance.

(3) Sections 218.204-218.219 and 218.204-218.219--Coating Operations

    Illinois' surface coating regulations being proposed for approval 
include requirements for applicability, emissions limits, control 
techniques, and work practices. These regulations are based on the 
relevant 2006, 2007, and 2008 CTGs. For example, based upon the 
applicability cutoffs for the surface coating rules, which are 
contained in sections 218.208 and 219.208, the various surface coating 
emission limits apply to sources with emissions of VOMs (resulting from 
the application of surface coatings) equal to or greater than 15 pounds 
(6.8 kilograms) per day, or an equivalent level of 2.7 tons per 12 
month rolling period.
    The categories of Illinois' surface coating regulations being 
proposed for approval in this action are identified below.
    Flat Wood Paneling--These regulations have been revised based on 
EPA's 2006 CTG for Flat Wood Paneling Coatings. Illinois' VOM content 
limits are 2.1 pounds VOM/gallon of coating or 2.9 pounds VOM/gallon of 
solids, which are consistent with the CTG. When compliance is achieved 
by the use of add-on control, the required overall control efficiency 
of 90 percent is also consistent with the CTG.
    Large Appliance Coatings--These regulations have been revised based 
on EPA's 2007 CTG for Large Appliance Coatings. Emission limits, e.g. 
2.3 pounds VOM/gallon for general, one component coatings, are 
consistent with the CTG. When compliance is achieved by the use of add-
on control, the required overall control efficiency of 90 percent is 
also consistent with the CTG.
    Metal Furniture Coatings--These regulations have been revised based 
on EPA's 2007 CTG for Metal Furniture Coatings. Emission limits, e.g. 
2.3 pounds VOM/gallon for general, one component coatings, are 
consistent with the CTG. When compliance is achieved by the use of add-
on control, the required overall control efficiency of 90 percent is 
also consistent with the CTG.
    Paper, Film, and Foil Coatings--These regulations have been revised 
based on EPA's 2007 CTG for Paper, Film, and Foil Coatings. Illinois' 
VOM content limits are 0.20 pounds VOM/pound of solids applied for 
pressure sensitive tape and label surface coatings, and 0.40 pounds 
VOM/pound solids applied for all other paper coatings, which are 
consistent with the CTG. When compliance is achieved by the use of add-
on control, the required overall control efficiency of 90 percent is 
also consistent with the CTG.
    Miscellaneous Metal and Plastic Parts Coatings--These regulations 
have been revised based on EPA's 2008 CTG for Miscellaneous Metal 
Products Coatings and Plastic Parts Coatings. Emission limits, e.g. 2.3 
pounds VOM/gallon for general, one component coatings, are consistent 
with the CTG. When compliance is achieved by the use of add-on control, 
the required overall control efficiency of 90 percent is also 
consistent with the CTG.
    Automobile and Light-duty Truck Assembly Coatings--These 
regulations have been revised based on EPA's 2008 CTG for Auto and 
Light-Duty Truck Assembly Coatings. Emission limits, e.g. 1.44 pounds 
VOM/gallon coating solids deposited for topcoat operations, are 
consistent with the CTG. As specified in the CTG, compliance with these 
limits is based on EPA's ``Protocol for Determining the Daily VOC 
Emission Rate of Automobile and Light-Duty Truck Primer-Surfacer and 
Topcoat Operations.'' This testing protocol considers the VOM content 
limit, the transfer efficiency and the efficiency of add-on control to 
establish compliance with the applicable emission limit.

[[Page 74016]]

(4) Graphic Arts

    Illinois' graphic arts regulations being proposed for approval in 
this action include applicability and control requirements, and are 
based on the relevant 2006 CTGs. The categories of Illinois graphic 
arts regulations being proposed for approval in this action are 
identified below.

Sections 218.401-404 and 219.401-404--Flexible Package Printing

    These regulations have been revised based on EPA's 2006 CTG for 
Flexible Packaging Printing Materials. Subject printing lines may 
comply by meeting limits of 0.8 pounds VOM per pound of solids applied 
or 0.16 pounds VOM per pound of ink and coatings applied.
    Alternatively, compliance can be achieved by the use of add-on 
control achieving an overall reduction in VOM emissions ranging from 65 
percent to 80 percent, depending upon when the printing line and 
control device were constructed. Work practices to reduce emissions 
from the use of VOM containing cleaning materials are also required. 
Recordkeeping requirements are also specified to establish 
applicability and compliance with the applicable limits.

Sections 218.405-411 and 219.405-411--Lithographic Printing

    These regulations are based on EPA's 2006 CTG for Lithographic 
Printing. The control requirements for cleaning materials and fountain 
solutions apply if the combined emissions of VOM exceed 15 pounds per 
day. The add-on control requirements for heatset web offset printing 
operations apply if the combined emissions of VOM from all lithographic 
printing lines at the source ever exceed 100 pounds per day. The 
fountain solution is subject to a percent VOM limit, based upon the 
temperature and whether or not the fountain solution contains alcohol. 
The cleaning materials must not exceed 70 percent by weight VOM or the 
VOM composite partial pressure must be less than 10 mmHg. An add-on 
control device on a subject heatset dryer must achieve a 90 percent or 
95 percent reduction of VOM emissions, depending on the installation 
date of the add-on control device, or alternatively can comply by not 
exceeding an outlet concentration of 20 parts per million by volume 
(ppmv), as carbon. Recordkeeping requirements are also specified to 
establish applicability and compliance with the applicable limits.

Sections 218.412-417 and 219.412-417--Letterpress Printing

    These regulations are based on EPA's 2006 CTG for Letterpress 
Printing. The control requirements for cleaning materials apply if the 
combined emissions of VOM exceed 15 pounds per day. The add-on control 
requirements for heatset web letterpress printing operations apply if 
the combined emissions of VOM from all heatset web letterpress printing 
lines have a total potential to emit 25 tons or more of VOM per year. 
The cleaning materials must not exceed 70 percent by weight VOM or the 
VOM composite partial pressure must be less than 10 mmHg. An add-on 
control device on a subject heatset dryer must achieve a 90 percent or 
95 percent reduction of VOM emissions, depending on the installation 
date of the add-on control device, or alternatively can comply by not 
exceeding an outlet concentration of 20 ppmv, as carbon. Recordkeeping 
requirements are also specified to establish applicability and 
compliance with the applicable limits.

(5) Sections 218.900-218.904 and 218.900-904--Miscellaneous Industrial 
Adhesives

    These new regulations are based on EPA's 2008 CTG for Miscellaneous 
Industrial Adhesive Application Operations. The control requirements 
for miscellaneous industrial adhesive application operations apply if 
the combined emissions of VOM from all such operations equal or exceed 
15 pounds per day. Subject adhesive application operations must either 
meet the specific VOM content limitations, depending upon the substrate 
being bonded (e.g. 0.3 pounds VOM per gallon of adhesive for bonding 
metal) or use an add-on control system that achieves an overall VOM 
reduction of at least 85 percent. Specific adhesive application methods 
(e.g. electrostatic spray) and work practices are also required to 
reduce emissions. Recordkeeping requirements are also specified to 
establish applicability and compliance with the applicable limits.

(6) Sections 218.890-218.904 and 219.890-904--Fiberglass Boat 
Manufacturing Materials

    These new regulations are based on EPA's 2008 CTG for Fiberglass 
Boat Manufacturing Materials. The control requirements for fiberglass 
boat manufacturing operations apply if the combined emissions of VOM 
from all such operations equal or exceed 15 pounds per day. This rule 
covers open molding and gel coat operations, resin and gel coat mixing 
operations, and resin and gel coat application equipment cleaning 
operations. Emission limits are consistent with the CTG, as are VOC 
content and vapor pressure limits applicable to cleaning activities in 
fiberglass boat manufacturing.
    Subject facilities can comply by using specified monomer VOM 
content limits (e.g. production resin applied via atomized spray would 
need to comply with a weighted average monomer VOM content limit of 28 
percent by weight) and a non-monomer VOM content limit of 5 percent. An 
emission averaging option is also available.
    The VOM containing cleaning solutions for routine cleaning of 
application equipment must either be no more than 5 percent VOM, by 
weight, or the composite vapor pressure must be no more than 0.50 mmHg. 
Also, mixing containers that are 55 gallons, or greater, must be 
covered. Recordkeeping requirements are also specified to establish 
applicability and compliance with the applicable limits.

V. Statutory and Executive Order Reviews

    Under the Act, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve State choices, 
provided that they meet the criteria of the Act. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by State 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);

[[Page 74017]]

     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: November 17, 2011.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2011-30844 Filed 11-29-11; 8:45 am]
BILLING CODE 6560-50-P