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[Federal Register Volume 77, Number 73 (Monday, April 16, 2012)]
[Rules and Regulations]
[Pages 22497-22500]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8952]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2012-0073; FRL-9651-5]

Approval and Promulgation of Air Quality Implementation Plans; 
Illinois; Small Container Exemption From VOC Coating Rules

AGENCY: Environmental Protection Agency (EPA).

[[Page 22498]]

ACTION: Direct final rule.

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SUMMARY: EPA is approving a revision to the Illinois State 
Implementation plan (SIP) submitted by the Illinois Environmental 
Protection Agency (Illinois EPA) on November 14, 2011. This SIP 
revision consists of amendments to the Illinois Administrative Code 
(Ill. Adm. Code) by adding a ``small container exemption'' for pleasure 
craft surface coating operations in the Chicago and Metro-East St. 
Louis 8-hour ozone nonattainment areas. These exemptions are approvable 
because they are consistent with EPA volatile organic compound (VOC) 
reasonably available control technology (RACT) policy.

DATES: This direct final rule will be effective June 15, 2012, unless 
EPA receives adverse comments by May 16, 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-2012-0073, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: aburano.douglas@epa.gov.
    3. Fax: (312) 408-2279.
    4. Mail: Douglas Aburano, Chief, Attainment Planning and 
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental 
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Douglas Aburano, Chief, Attainment Planning and 
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental 
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. 
Such deliveries are only accepted during the Regional Office normal 
hours of operation, and special arrangements should be made for 
deliveries of boxed information. The Regional Office official hours of 
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding 
Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2012-0073. 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 Steven Rosenthal, Environmental 
Engineer, at (312) 886-6052 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Steven Rosenthal, Environmental 
Engineer, Attainment Planning and Maintenance Section, Air Programs 
Branch (AR-18J), 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. Background
II. What action is EPA taking and what is the basis for this action?
III. Statutory and Executive Order Reviews

I. Background

    On November 14, 2011, Illinois EPA submitted a revision to its 
ozone SIP. This revision consists of an amendment to 35 Ill. Adm. Code 
sections 218.208 (Exemptions from VOC Emission Limitations for Coating 
Operations for the Chicago 8-hour ozone nonattainment area) and 219.208 
(Exemptions from VOC Emission Limitations for Coating Operations for 
the Metro-East St. Louis 8-hour ozone nonattainment area) by adding a 
``small container exemption'' for pleasure craft surface coating 
operations. EPA previously approved sections 218.208(c) and 219.208(c) 
which specify that Illinois' surface coating VOC emission limitations 
shall not apply to touch-up and repair coatings used by a can, coil, 
vinyl, metal furniture and magnet wire coating operation, provided that 
the source-wide volume of such coatings used does not exceed 1 quart 
per 8-hour period or exceed 55 gallons/year for any rolling 12 month 
period. (61 FR 5511 on February 13, 1996). The SIP revision which is 
the subject of this action extends the exemption in sections 218.208(c) 
and 219.208(c) to the pleasure craft surface coating limits set out in 
sections 218.204(q)(5) and 219.204(q)(5). Illinois' SIP revision also 
amends 35 Ill. Adm. Code 218.208(e) and 219.208(e), the recordkeeping 
and reporting provisions, to add pleasure craft coating operations that 
are exempted from the limitations in 218.204(q) and 219.204(q) to the 
coating operations subject to recordkeeping requirements. Sections 
218.208(e) and 219.208(e) contain sufficient recordkeeping requirements 
to establish whether these exemptions have been exceeded.

II. What action is EPA taking and what is the basis for this action?

    EPA is approving the State's request to add a ``small container 
exemption'' for pleasure craft surface coating operations in the 
Chicago and Metro-East St. Louis 8-hour ozone nonattainment areas for 
the reasons stated below.
    EPA published the Miscellaneous Metal and Plastic Part Coatings 
Control Technique Guidelines (MMPPC CTG) on October 7, 2008 (73 FR 
58486). Members of the pleasure craft coatings industry contacted EPA 
requesting reconsideration of the pleasure craft VOC limits contained 
in EPA's 2008 MMPPC CTG. In response, EPA issued a memorandum on June 
1, 2010, titled ``Control Technique Guidelines for Miscellaneous Metal 
and Plastic Part Coatings--Industry Request for

[[Page 22499]]

Reconsideration,'' recommending that the pleasure craft industry work 
with State agencies during their RACT rule development process to 
assess what is reasonable for the specific sources regulated. EPA 
stated that States can use the recommendations from the MMPPC CTG to 
inform their own determinations as to what constitutes RACT for 
pleasure craft coating operations in their particular ozone 
nonattainment area. As stated in the memorandum, EPA will evaluate 
State-developed RACT rules and determine whether the submitted rules 
meet the RACT requirements of the Clean Air Act (CAA).
    In 2010 and 2011 Illinois promulgated rules on VOC RACT emission 
limitations for coating operations (See November 30, 2011 proposed 
approval at 76 FR 74014). During that rulemaking the American Coatings 
Association (ACA) commented to Illinois EPA that many VOC coating 
regulations include a small container exemption not to exceed a liter 
or a quart. The ACA stated that the basis for these exemptions is to 
allow for small repairs and touch ups to existing coatings at the end 
of the painting line to avoid having to completely recoat the product, 
thus resulting in lower VOC emissions overall and supported a small 
container exemption for pleasure craft coating operations.
    As a result of this comment and EPA's June 2010 memorandum 
discussing the CTG and the pleasure craft industry, Illinois EPA 
amended its small container exemptions to add the pleasure craft 
coating operations. These exemptions limit the quantity of touch-up and 
repair coatings used to a maximum quantity of 55 gallons per year of 
such coatings.
    Illinois' approach is generally consistent with EPA's August 10, 
1990, policy memorandum regarding an allowed ``Exemption for Low-Use 
Coatings'' which states that ``[a] low-use exemption for specialty or 
other coatings may be reasonable for a source that uses small 
quantities for intermittent or specialty-type operations.'' In this 
policy EPA stated that a plant-wide cutoff of 55 gallons per rolling 
12-month period for all low-use coatings in the aggregate used at a 
facility is reasonable. Also, EPA has previously approved the small 
container exemption for Illinois' can, coil, vinyl, metal furniture and 
magnet wire coating operations.
    EPA concludes that Illinois' small container exemption for pleasure 
craft coating operations added to 35 Ill. Adm. Code sections 218.208 
and 219.208 satisfies RACT requirements of the CAA. As noted above, the 
exemption is for a source category identified by EPA as appropriate for 
state consideration and development of what is reasonable for the 
specific source category, the exemption may result in lower emissions 
because allowing higher VOC touch-up and repair coatings could result 
in less total coating use (and lower overall VOC emissions) and the 
exemption is restricted to no more than 55 gallons per year of these 
coatings, which is consistent with EPA's policy on exemptions for low-
use coatings.
    We are publishing this action without prior proposal because we 
view this as a noncontroversial amendment and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the state plan if relevant adverse 
written comments are filed. This rule will be effective June 15, 2012 
without further notice unless we receive relevant adverse written 
comments by May 16, 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 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 15, 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 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);
     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

[[Page 22500]]

action must be filed in the United States Court of Appeals for the 
appropriate circuit by June 15, 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 
reference, Intergovernmental relations, Volatile organic compounds.

    Dated: March 12, 2012.
Bharat Mathur,
Acting 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. Sec.  52.720 is amended by adding paragraph (c)(190) to read as 
follows:

Sec.  52.720  Identification of plan.

* * * * *
    (c) * * *
    (190) On November 14, 2011, the Illinois Environmental Protection 
Agency (Illinois EPA) submitted amendments to 35 Illinois 
Administrative Code 218.208 and 219.208. These sections add a ``small 
container exemption'' for pleasure craft surface coating operations in 
the Chicago and Metro-East St. Louis 8-hour ozone nonattainment areas. 
These exemptions are consistent with EPA volatile organic compound 
(VOC) reasonably available control technology (RACT) policy.
    (i) Incorporation by reference. The following sections of Illinois 
Administrative Code, Title 35: Environmental Protection, Subtitle B: 
Air Pollution, Chapter 1: Pollution Control Board, Subchapter c: 
Emission Standards and Limitations for Stationary Sources, are 
incorporated by reference.
    (A) Part 218: Organic Material Emission Standards and Limitations 
for the Chicago Area, Subpart F: Coating Operations, Section 218.208 
Exemptions From Emission Limitations; effective October 25, 2011.
    (B) Part 219: Organic Material Emission Standards and Limitations 
for the Metro East Area, Subpart F: Coating Operations, Section 219.208 
Exemptions From Emission Limitations; effective October 25, 2011.

[FR Doc. 2012-8952 Filed 4-13-12; 8:45 am]
BILLING CODE 6560-50-P
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