Approval and Promulgation of Air Quality Implementation Plans; Illinois; Leisure Properties LLC/D/B/A Crownline Boats; Adjusted Standard, 23622-23625 [2012-9440]
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Federal Register / Vol. 77, No. 77 / Friday, April 20, 2012 / Rules and Regulations
• 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.
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 action 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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by June 19, 2012. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action 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,
Nitrogen dioxide, Particulate matter,
Reporting and recordkeeping
requirements and Volatile organic
compounds.
Dated: April 11, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart B—Alabama
2. Section 52.50(c) is amended by
revising the heading for ‘‘Chapter No.
335–3–20,’’ and the entries for ‘‘Section
335–3–20–.01,’’ ‘‘Section 335–3–20–
.02,’’ and ‘‘Section 335–3–20-.03’’ to
read as follows:
■
§ 52.50
*
Identification of plan.
*
*
(c) * * *
*
*
EPA APPROVED ALABAMA REGULATIONS
State citation
State effective
date
Title/subject
*
*
*
*
Chapter No. 335–3–20 Reserved
Section 335–3–20–.01 ....................
Reserved ........................................
4/3/12
Section 335–3–20–.02 ....................
Reserved ........................................
4/3/12
Section 335–3–20–.03 ....................
Reserved ........................................
4/3/12
*
*
*
*
*
[FR Doc. 2012–9446 Filed 4–19–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2011–0944; FRL–9648–6]
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Approval and Promulgation of Air
Quality Implementation Plans; Illinois;
Leisure Properties LLC/D/B/A
Crownline Boats; Adjusted Standard
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is approving into the
Illinois State Implementation Plan (SIP)
an adjusted standard for Leisure
SUMMARY:
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EPA approval date
*
This direct final rule will be
effective June 19, 2012, unless EPA
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*
4/20/12 [Insert citation of publication].
4/20/12 [Insert citation of publication].
4/20/12 [Insert citation of publication].
Properties LLC/D/B/A Crownline Boats
(Crownline) at its West Frankfort,
Illinois facility. On June 10, 2011, the
Illinois Environmental Protection
Agency (IEPA) submitted to EPA for
approval an adjustment to the general
rule, Use of Organic Material Rule,
commonly known as the eight pound
per hour (8 lb/hr) rule, as it applies to
emissions of volatile organic matter
(VOM) from Crownline’s manufacturing
facility. The adjusted standard relieves
Crownline from being subject to the
general rule for VOM emissions from its
West Frankfort facility. EPA is
approving this SIP revision because it
will not interfere with attainment or
maintenance of the ozone National
Ambient Air Quality Standard
(NAAQS).
DATES:
*
Explanation
receives adverse comments by May 21,
2012. 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–2011–0944, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: blakley.pamela@epa.gov.
3. Fax: (312)692–2450.
4. Mail: Pamela Blakley, Chief,
Control Strategies Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Pamela Blakley,
Chief, Control Strategies Section, Air
Programs Branch (AR–18J), U.S.
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Federal Register / Vol. 77, No. 77 / Friday, April 20, 2012 / Rules and Regulations
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–2011–
0944. 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 email. 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 email
comment directly to EPA without going
through 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.
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 Federal holidays. We
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recommend that you telephone Carolyn
Persoon, Environmental Engineer, at
(312)353–8290, before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Carolyn Persoon, Environmental
Engineer, Control Strategies Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312)353–8290,
persoon.carolyn@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 is EPA’s analysis of Crownline’s
adjusted standard?
II. What action is EPA taking?
III. Statutory and Executive Order Reviews
I. What is EPA’s analysis of Crownline’s
adjusted standard?
Background of the 8 lb/hr Rule and the
Adjusted Standard
EPA approved the VOM general 8 lb/
hr rule into the Illinois SIP on February
21, 1980 (45 FR 11472). The rule states
that ‘‘no person shall cause or allow the
discharge of more than 3.6 kg/hr (8 lb/
hr) of organic material into the
atmosphere from any emission source
* * *’’ The basis for this rule is
prevention of ground-level ozone
formation in order to meet the ozone
NAAQS.
Crownline filed a petition for an
adjusted standard on December 5, 2003,
in accordance with section 28.1 of the
Illinois Environmental Protection Act,
415 ILCS 5/28.1, and Illinois’
regulations at 35 Ill. Adm. Code section
215. Section 28.1 sets out the factors
that a petitioner must demonstrate to
justify an adjusted standard. Crownline
filed the petition describing the factors
relating to its West Frankfort facility
that are substantially and significantly
different from the factors relied on in
adopting the general rule, specifically
that the general rule did not take into
account the specific operations needed
to make fiberglass boats. Crownline also
provided an air quality impact analysis
to support its petition. On April 23,
2004, the Illinois Pollution Control
Board (IPCB) held a public hearing on
the petition in West Frankfort, Illinois
where testimony was given to support
Crownline’s petition. A final order by
the IPCB granted Crownline an adjusted
standard on July 22, 2004. Among other
things, the IPCB order stated that
Crownline must operate in full
compliance with the Federal Maximum
Achievable Control Technology (MACT)
limits on volatile organic compounds
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23623
(VOCs) for the specific production of
fiberglass boats.
Analysis of SIP Revision for the
Adjusted Standard
EPA’s approval is based on
consideration of whether the adjusted
standard meets the requirements of
section 1l0(l) of the Clean Air Act
(CAA), 42 U.S.C. 4202(l). In particular,
EPA considered whether exempting
Crownline’s West Frankfort facility from
compliance with 35 Ill. Adm. Code
215.301 will impact Illinois’ ability to
attain and maintain the ozone NAAQS
in the area in which the facility is
located.
Under CAA section 110(l) the state
must show that the SIP revision will not
interfere with attainment and
maintenance of both existing eight-hour
ozone standards, which would be 75
parts per billion (ppb) promulgated in
2008 and the 84 ppb promulgated in
1997. The monitor closest to
Crownline’s West Frankfort facility is
located in Hamilton County, Illinois.
This monitor has been and currently is
attaining the eight-hour ozone standards
with a design value of 68 ppb for the
2008–2010 design period. See EPA’s
Web site on design values for ozone at
https://www.epa.gov/airtrends/
values.html. The IPCB order granting
Crownline an adjusted standard became
effective in July 2004 and Crownline has
been operating in accordance with this
adjusted standard since that time. As
noted, the 2008–2010 design value for
Hamilton County shows that the county
is attaining the 2008 eight-hour ozone
standard with Crownline operating in
accordance with the adjusted standard.
Thus, Crownline’s facility in West
Frankfort, Illinois has not been
interfering with attainment.
To support its petition, Crownline did
a conservative analysis of emissions to
determine an approximate ozone
contribution that would result from it
operating at the maximum capacity
which Crownline is allowed in its
approved title V permit. EPA reviewed
Crownline’s analysis for the one-hour
ozone standard and applied this
analysis to the eight-hour ozone
standard. When adding the potential
contribution from Crownline to the
existing monitored design value of 68
ppb, the 2008 eight-hour ozone standard
of 75 ppb is still maintained even at the
facility’s maximum permitted emissions
allowance.
Although Crownline is not required to
comply with the 8 lb/hour rule,
Crownline is required to operate its
facility in compliance with Federal
regulations of the National Emission
Standards for Hazardous Air Pollutants
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for Boat Manufacturing set forth at 40
CFR part 63 subpart VVVV. These
regulations establish emission standards
for hazardous air pollutants (HAPs) at
new and existing boat manufacturing
facilities with resin and gel coat
operations, carpet and fabric adhesive
operations, or aluminum recreational
boat surface coating operations and
require certain operational practices,
recordkeeping, and emission limits for
HAPs. EPA promulgated these
regulations under section 112(d) of the
CAA, which contains the MACT
requirement.1 Styrene is the VOM
emitted from Crownline’s West
Frankfort facility and styrene is also a
HAP. The emissions of styrene from
Crownline’s West Frankfort facility are
from two different types of operations:
(1) Lamination process which uses a
resin applied by non-atomized spray,
and (2) open molding, resistant and/or
high strength gel-coat. The MACT
requires emission limits on the
materials used in these processes, with
HAPs content limited to 35% for the
resin applied by non-atomized guns,
and 33.4% HAPs for the gelcoat
composition. These emission limits are
enforceable VOM limits for the West
Frankfort Facility.
II. What action is EPA taking?
EPA is approving into the Illinois SIP
an adjusted standard of the 8 lb/hr
general rule for VOM for Crownline.
The adjusted standard sets an
alternative permanent and enforceable
VOM limit for Crownline that are the
emission limits set in the Federal MACT
(40 CFR part 63 subpart VVVV) specific
to fiberglass boat manufacturing. The
amendment to Illinois’ SIP adding the
adjusted standard is approvable because
the adjusted standard will not interfere
with attaining or maintaining the 75 ppb
ozone standard as prescribed by section
110(l) of the CAA.
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 amendment if relevant
adverse written comments are filed.
This rule will be effective June 19, 2012
without further notice unless we receive
relevant adverse written comments by
May 21, 2012. If we receive such
comments, we will withdraw this action
1 ‘‘Emission standards promulgated under this
subsection shall require the maximum degree of
reduction in emissions of the hazardous air
pollutants subject to this section.’’ Section
112(d)(2).
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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. EPA will
not institute a second comment period.
Any parties interested in commenting
on this action should do so at this time.
Please note that if EPA receives an
adverse comment on an amendment,
paragraph, or section of this rule and if
that provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment. If we do not receive any
comments, this action will be effective
June 19, 2012.
III. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA 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 CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements. 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);
• 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
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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.
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 action 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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by June 19, 2012. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action 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. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. 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
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reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
ENVIRONMENTAL PROTECTION
AGENCY
Dated: February 29, 2012.
Susan Hedman,
Regional Administrator, Region 5.
[EPA–HQ–OPP–2010–1018; FRL–9340–5]
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
PART 52—[AMENDED]
This regulation establishes
tolerances for residues of quizalofop
ethyl in or on multiple commodities
which are identified and discussed later
in this document. This regulation
additionally removes established
tolerances on canola seed and canola
meal, as they will be superseded by new
tolerances. Finally, this regulation
removes several time-limited tolerances,
as they have expired. Interregional
Research Project Number 4 (IR–4)
requested these tolerances, under the
Federal Food, Drug, and Cosmetic Act
(FFDCA).
DATES: This regulation is effective April
20, 2012. Objections and requests for
hearings must be received on or before
June 19, 2012, and must be filed in
accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
ADDRESSES: EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2010–1018. All documents in the
docket are listed in the docket index
available at https://www.regulations.gov.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available in the electronic docket at
https://www.regulations.gov, or, if only
available in hard copy, at the OPP
Regulatory Public Docket in Rm. S–
4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The
Docket Facility is open from 8:30 a.m.
to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket
Facility telephone number is (703) 305–
5805.
FOR FURTHER INFORMATION CONTACT:
Laura Nollen, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; telephone number:
SUMMARY:
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart O—Illinois
2. Section 52.720 is amended by
adding paragraph (c)(190) to read as
follows:
■
§ 52.720
Identification of plan.
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*
*
*
*
*
(c) * * *
(190) On June 10, 2011, the Illinois
Environmental Protection Agency
submitted a revision to its state
implementation plan. The revision to
the SIP allows an adjusted standard to
the general rule, Use of Organic Material
Rule, known as the eight pound per
hour (8 lb/hr) rule, for volatile
organic matter, for Leisure Properties
LLC/D/B/A Crownline Boats
manufacturing facility located in West
Frankfort, Illinois. The adjusted
standard is that the facility takes an
alternative standard of the emission
limit requirements set forth in the
MACT under 40 CFR part 63 subpart
VVVV as published in 40 CFR Part 63
(§ 63.1200 to end) revised as of July 1,
2002.
(i) Incorporation by reference.
(A) July 22, 2004, Opinion and Order
of the Illinois Pollution Control Board,
AS–04–01, (identified in error as July
22, 2002 in the document heading),
effective July 22, 2004.
(ii) Additional material.
(A) Letter from Laurel L. Kroack,
Illinois Environmental Protection
Agency, to Cheryl Newton, EPA, dated
September 2, 2011, identifying that due
to an ownership change to Crownline
Boats, the Board transferred the
adjusted standard to Leisure Properties
LLC D/B/A Crownline Boats, which is
the successor to Crownline Boats, by
Board order AS04–l, effective October 7,
2010.
[FR Doc. 2012–9440 Filed 4–19–12; 8:45 am]
BILLING CODE 6560–50–P
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(703) 305–7390; email address:
nollen.laura@epa.gov.
SUPPLEMENTARY INFORMATION:
40 CFR Part 180
Quizalofop Ethyl; Pesticide Tolerances
40 CFR part 52 is amended as follows:
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I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. Potentially
affected entities may include, but are
not limited to those engaged in the
following activities:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
This listing is not intended to be
exhaustive, but rather to provide a guide
for readers regarding entities likely to be
affected by this action. Other types of
entities not listed in this unit could also
be affected. The North American
Industrial Classification System
(NAICS) codes have been provided to
assist you and others in determining
whether this action might apply to
certain entities. If you have any
questions regarding the applicability of
this action to a particular entity, consult
the person listed under FOR FURTHER
INFORMATION CONTACT.
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Government Printing Office’s e-CFR
site at https://ecfr.gpoaccess.gov/cgi/t/
text/text-idx?&c=ecfr&tpl=/ecfrbrowse/
Title40/40tab_02.tpl. To access the
harmonized test guidelines referenced
in this document electronically, please
go to https://www.epa.gov/ocspp and
select ‘‘Test Methods and Guidelines,’’
which is listed under ‘‘Documents
related to our mission.’’
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2010–1018 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing, and must be
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]]>Agencies
[Federal Register Volume 77, Number 77 (Friday, April 20, 2012)]
[Rules and Regulations]
[Pages 23622-23625]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9440]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2011-0944; FRL-9648-6]
Approval and Promulgation of Air Quality Implementation Plans;
Illinois; Leisure Properties LLC/D/B/A Crownline Boats; Adjusted
Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving into the Illinois State Implementation Plan
(SIP) an adjusted standard for Leisure Properties LLC/D/B/A Crownline
Boats (Crownline) at its West Frankfort, Illinois facility. On June 10,
2011, the Illinois Environmental Protection Agency (IEPA) submitted to
EPA for approval an adjustment to the general rule, Use of Organic
Material Rule, commonly known as the eight pound per hour (8 lb/hr)
rule, as it applies to emissions of volatile organic matter (VOM) from
Crownline's manufacturing facility. The adjusted standard relieves
Crownline from being subject to the general rule for VOM emissions from
its West Frankfort facility. EPA is approving this SIP revision because
it will not interfere with attainment or maintenance of the ozone
National Ambient Air Quality Standard (NAAQS).
DATES: This direct final rule will be effective June 19, 2012, unless
EPA receives adverse comments by May 21, 2012. 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-2011-0944, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: blakley.pamela@epa.gov.
3. Fax: (312)692-2450.
4. Mail: Pamela Blakley, Chief, Control Strategies Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Pamela Blakley, Chief, Control Strategies
Section, Air Programs Branch (AR-18J), U.S.
[[Page 23623]]
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-
2011-0944. 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 email. 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 email comment
directly to EPA without going through 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.
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 Federal holidays.
We recommend that you telephone Carolyn Persoon, Environmental
Engineer, at (312)353-8290, before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Carolyn Persoon, Environmental
Engineer, Control Strategies Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312)353-8290, persoon.carolyn@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 is EPA's analysis of Crownline's adjusted standard?
II. What action is EPA taking?
III. Statutory and Executive Order Reviews
I. What is EPA's analysis of Crownline's adjusted standard?
Background of the 8 lb/hr Rule and the Adjusted Standard
EPA approved the VOM general 8 lb/hr rule into the Illinois SIP on
February 21, 1980 (45 FR 11472). The rule states that ``no person shall
cause or allow the discharge of more than 3.6 kg/hr (8 lb/hr) of
organic material into the atmosphere from any emission source * * *''
The basis for this rule is prevention of ground-level ozone formation
in order to meet the ozone NAAQS.
Crownline filed a petition for an adjusted standard on December 5,
2003, in accordance with section 28.1 of the Illinois Environmental
Protection Act, 415 ILCS 5/28.1, and Illinois' regulations at 35 Ill.
Adm. Code section 215. Section 28.1 sets out the factors that a
petitioner must demonstrate to justify an adjusted standard. Crownline
filed the petition describing the factors relating to its West
Frankfort facility that are substantially and significantly different
from the factors relied on in adopting the general rule, specifically
that the general rule did not take into account the specific operations
needed to make fiberglass boats. Crownline also provided an air quality
impact analysis to support its petition. On April 23, 2004, the
Illinois Pollution Control Board (IPCB) held a public hearing on the
petition in West Frankfort, Illinois where testimony was given to
support Crownline's petition. A final order by the IPCB granted
Crownline an adjusted standard on July 22, 2004. Among other things,
the IPCB order stated that Crownline must operate in full compliance
with the Federal Maximum Achievable Control Technology (MACT) limits on
volatile organic compounds (VOCs) for the specific production of
fiberglass boats.
Analysis of SIP Revision for the Adjusted Standard
EPA's approval is based on consideration of whether the adjusted
standard meets the requirements of section 1l0(l) of the Clean Air Act
(CAA), 42 U.S.C. 4202(l). In particular, EPA considered whether
exempting Crownline's West Frankfort facility from compliance with 35
Ill. Adm. Code 215.301 will impact Illinois' ability to attain and
maintain the ozone NAAQS in the area in which the facility is located.
Under CAA section 110(l) the state must show that the SIP revision
will not interfere with attainment and maintenance of both existing
eight-hour ozone standards, which would be 75 parts per billion (ppb)
promulgated in 2008 and the 84 ppb promulgated in 1997. The monitor
closest to Crownline's West Frankfort facility is located in Hamilton
County, Illinois. This monitor has been and currently is attaining the
eight-hour ozone standards with a design value of 68 ppb for the 2008-
2010 design period. See EPA's Web site on design values for ozone at
https://www.epa.gov/airtrends/values.html. The IPCB order granting
Crownline an adjusted standard became effective in July 2004 and
Crownline has been operating in accordance with this adjusted standard
since that time. As noted, the 2008-2010 design value for Hamilton
County shows that the county is attaining the 2008 eight-hour ozone
standard with Crownline operating in accordance with the adjusted
standard. Thus, Crownline's facility in West Frankfort, Illinois has
not been interfering with attainment.
To support its petition, Crownline did a conservative analysis of
emissions to determine an approximate ozone contribution that would
result from it operating at the maximum capacity which Crownline is
allowed in its approved title V permit. EPA reviewed Crownline's
analysis for the one-hour ozone standard and applied this analysis to
the eight-hour ozone standard. When adding the potential contribution
from Crownline to the existing monitored design value of 68 ppb, the
2008 eight-hour ozone standard of 75 ppb is still maintained even at
the facility's maximum permitted emissions allowance.
Although Crownline is not required to comply with the 8 lb/hour
rule, Crownline is required to operate its facility in compliance with
Federal regulations of the National Emission Standards for Hazardous
Air Pollutants
[[Page 23624]]
for Boat Manufacturing set forth at 40 CFR part 63 subpart VVVV. These
regulations establish emission standards for hazardous air pollutants
(HAPs) at new and existing boat manufacturing facilities with resin and
gel coat operations, carpet and fabric adhesive operations, or aluminum
recreational boat surface coating operations and require certain
operational practices, recordkeeping, and emission limits for HAPs. EPA
promulgated these regulations under section 112(d) of the CAA, which
contains the MACT requirement.\1\ Styrene is the VOM emitted from
Crownline's West Frankfort facility and styrene is also a HAP. The
emissions of styrene from Crownline's West Frankfort facility are from
two different types of operations: (1) Lamination process which uses a
resin applied by non-atomized spray, and (2) open molding, resistant
and/or high strength gel-coat. The MACT requires emission limits on the
materials used in these processes, with HAPs content limited to 35% for
the resin applied by non-atomized guns, and 33.4% HAPs for the gelcoat
composition. These emission limits are enforceable VOM limits for the
West Frankfort Facility.
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\1\ ``Emission standards promulgated under this subsection shall
require the maximum degree of reduction in emissions of the
hazardous air pollutants subject to this section.'' Section
112(d)(2).
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II. What action is EPA taking?
EPA is approving into the Illinois SIP an adjusted standard of the
8 lb/hr general rule for VOM for Crownline. The adjusted standard sets
an alternative permanent and enforceable VOM limit for Crownline that
are the emission limits set in the Federal MACT (40 CFR part 63 subpart
VVVV) specific to fiberglass boat manufacturing. The amendment to
Illinois' SIP adding the adjusted standard is approvable because the
adjusted standard will not interfere with attaining or maintaining the
75 ppb ozone standard as prescribed by section 110(l) of the CAA.
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 amendment if relevant
adverse written comments are filed. This rule will be effective June
19, 2012 without further notice unless we receive relevant adverse
written comments by May 21, 2012. 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. EPA will not institute a second comment
period. Any parties interested in commenting on this action should do
so at this time. Please note that if EPA receives an adverse comment on
an amendment, paragraph, or section of this rule and if that provision
may be severed from the remainder of the rule, EPA may adopt as final
those provisions of the rule that are not the subject of an adverse
comment. If we do not receive any comments, this action will be
effective June 19, 2012.
III. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA 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 CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements. 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);
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.
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 action 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 19, 2012. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. 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
[[Page 23625]]
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: February 29, 2012.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart O--Illinois
0
2. Section 52.720 is amended by adding paragraph (c)(190) to read as
follows:
Sec. 52.720 Identification of plan.
* * * * *
(c) * * *
(190) On June 10, 2011, the Illinois Environmental Protection
Agency submitted a revision to its state implementation plan. The
revision to the SIP allows an adjusted standard to the general rule,
Use of Organic Material Rule, known as the eight pound per hour (8 lb/
hr) rule, for volatile organic matter, for Leisure Properties LLC/D/B/A
Crownline Boats manufacturing facility located in West Frankfort,
Illinois. The adjusted standard is that the facility takes an
alternative standard of the emission limit requirements set forth in
the MACT under 40 CFR part 63 subpart VVVV as published in 40 CFR Part
63 (Sec. 63.1200 to end) revised as of July 1, 2002.
(i) Incorporation by reference.
(A) July 22, 2004, Opinion and Order of the Illinois Pollution
Control Board, AS-04-01, (identified in error as July 22, 2002 in the
document heading), effective July 22, 2004.
(ii) Additional material.
(A) Letter from Laurel L. Kroack, Illinois Environmental Protection
Agency, to Cheryl Newton, EPA, dated September 2, 2011, identifying
that due to an ownership change to Crownline Boats, the Board
transferred the adjusted standard to Leisure Properties LLC D/B/A
Crownline Boats, which is the successor to Crownline Boats, by Board
order AS04-l, effective October 7, 2010.
[FR Doc. 2012-9440 Filed 4-19-12; 8:45 am]
BILLING CODE 6560-50-P
