37272 Federal Register / Vol. 76, No. 123 / Monday, June 27, 2011 / Rules and Regulations 

Captain of the Port Charleston in the 

enforcement of the regulated area. 

(c) Regulations. 

(1) All persons and vessels are 

prohibited from entering, transiting 

through, anchoring in, or remaining 

within the regulated area unless 

authorized by the Captain of the Port 

Charleston or a designated 

representative. 

(2) Persons and vessels desiring to 

enter, transit through, anchor in, or 

remain within the regulated area may 

contact the Captain of the Port 

Charleston by telephone at 843–740– 

7050, or a designated representative via 

VHF radio on channel 16, to request 

authorization. If authorization to enter, 

transit through, anchor in, or remain 

within the regulated area is granted by 

the Captain of the Port Charleston or a 

designated representative, all persons 

and vessels receiving such authorization 

must comply with the instructions of 

the Captain of the Port Charleston or a 

designated representative. 

(3) The Coast Guard will provide 

notice of the regulated area by Local 

Notice to Mariners, Broadcast Notice to 

Mariners, and on-scene designated 

representatives. 

(d) Effective Date. This rule is 

effective from 9 a.m. until 11 a.m. on 

September 4, 2011. 

Dated: June 17, 2011. 

M.F. White, 

Captain, U.S. Coast Guard, Captain of the 

Port Charleston. 

[FR Doc. 2011–15973 Filed 6–24–11; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2010–0973; FRL–9319–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; Illinois; 

Royal Fiberglass Pools, Inc. Adjusted 

Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving into the 

Illinois State Implementation Plan (SIP) 

an adjusted standard for Royal 

Fiberglass Pools (‘‘Royal’’) at its Dix, 

Illinois facility. On November 8, 2010, 

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 Royal’s pool manufacturing 

facility. The adjusted standard relieves 

Royal from being subject to the general 

rule for VOM emissions from its Dix 

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 August 26, 2011, unless EPA 

receives adverse comments by July 27, 

2011. 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–2010–0973, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: aburano.douglas@epa.gov. 

3. Fax: (312) 408–2279. 

4. Mail: Doug Aburano, Chief, Control 

Strategies Section, Air Programs Branch 

(AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: Doug Aburano, 

Chief, Control Strategies 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–2010– 

0973. 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 e-mail. 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 e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the 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 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 should I consider as I prepare my 

comments for EPA? 

II. What is EPA’s analysis of Royal’s adjusted 

standard? 

III. What action is EPA taking? 

IV. 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 


jlentini on DSK4TPTVN1PROD with RULES
Federal Register / Vol. 76, No. 123 / Monday, June 27, 2011 / Rules and Regulations 37273 

1EPA has not yet designated areas for the 2008 

eight-hour ozone standard. 

information (subject heading, Federal 

Register date and page number). 

2. Follow directions—The 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 is EPA’s analysis of Royal’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. 

Royal filed a petition for an adjusted 

standard on April 3, 2009, 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. Royal filed 

the petition describing the factors 

relating to its Dix 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 

composite fiberglass pools. Royal also 

provided an air quality impact analysis 

to support its petition. On October 28, 

2009, the Illinois Pollution Control 

Board (IPCB) held a public hearing on 

the petition in Mt. Vernon, Illinois 

where testimony was given to support 

Royal’s petition. A final order by the 

IPCB granted Royal an adjusted 

standard on February 18, 2010. Among 

other things, the IPCB found that 

granting the adjusted standard would 

not result in an adverse impact on air 

quality in terms of exceeding the ozone 

NAAQS. The IPCB limited applicability 

of the adjusted standard to the 

swimming pool manufacturing 

emissions units existing as of August 20, 

2009 at the Dix facility. 

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 110(l) of the Clean Air Act 

(CAA), 42 U.S.C. 4202(l). In particular, 

EPA considered whether exempting 

Royal’s Dix 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 

1997.1 Based on the record presented to 

the IPCB, Royal provided evidence to 

IEPA after a 2006 notice of violation that 

Royal could not comply with the 8 lb/ 

hour rule. After reviewing the evidence, 

IEPA agreed that Royal should file a 

petition for an adjusted standard. The 

monitor closest to Royal’s Dix facility is 

located in Hamilton County, Illinois. 

This monitor has been and currently is 

attaining the eight-hour ozone standards 

with design values of 68 ppb for 2007– 

2009 and 68 ppb for 2008–2010 using 

preliminary quality assured (but not yet 

certified) data from 2010. See EPA’s 

Web site on design values for ozone at 

http://www.epa.gov/airtrends/ 

values.html. Thus, Royal’s facility in 

Dix, Illinois has not been interfering 

with attainment of the standard at its 

current production rate. 

To support its petition, Royal did a 

conservative analysis of emissions to 

determine an approximate ozone 

contribution that would result from it 

operating at the maximum capacity 

which Royal is allowed in its approved 

Title V permit. When adding this 

potential contribution to the existing 

monitored data both the 75 and 84 ppb 

ozone standards are still maintained 

even at the facility’s maximum capacity. 

Although Royal is not required to 

comply with the 8 lb/hour rule, Royal 

is required to operate its facility in 

compliance with Federal regulations of 

reinforced composite manufacturing 

facilities set forth at 40 CFR part 63 

subpart WWWW, which requires certain 

operational practices, recordkeeping, 

and emission limits for VOM. The 

emissions of styrene from Royal’s Dix 

facility are from three different types of 

operations: (1) Open molding, corrosion 

resistant and/or high strength resin 

applied by non-atomized spray, (2) open 

molding, corrosion resistant and/or high 

strength resin manually applied, and (3) 

open molding, resistant and/or high 

strength gel-coat. The Federal Maximum 

Achievable Control Technology (MACT) 

requires emission limits on all of these 

processes of 113 pounds of styrene per 

ton of material (lb/ton), 123 lb/ton, and 

605 lb/ton, respectively. These emission 

limits are enforceable VOM limits for 

the Dix Facility. 

III. 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 Royal. The 

adjusted standard removes the 8 lb/hr 

VOM limit for Royal’s fiberglass facility 

in Dix, Illinois in the SIP, and the Royal 

facility at Dix, Illinois is no longer 

subject to this rule as it applies to VOM 

emissions. The adjusted standard is 

approvable, since under worst case 

conditions it is not interfering with 

attaining or maintaining the 75 and 84 

ppb ozone standards 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 August 26, 

2011 without further notice unless we 

receive relevant adverse written 

comments by July 27, 2011. If we 

receive such comments, we will 

withdraw this action before the effective 

date by publishing a subsequent 

document that will withdraw the final 

action. All public comments received 

will then be addressed in a subsequent 

final rule based on the proposed action. 

The EPA will not institute a second 

comment period. Any parties interested 

in commenting on this action should do 

so at this time. 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 


jlentini on DSK4TPTVN1PROD with RULES
37274 Federal Register / Vol. 76, No. 123 / Monday, June 27, 2011 / Rules and Regulations 

any comments, this action will be 

effective August 26, 2011. 

IV. 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 August 26, 2011. 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, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: June 3, 2011. 

Susan Hedman, 

Regional Administrator, Region 5. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 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)(188) to read as 

follows: 

§ 52.720 Identification of plan. 

* * * * * 

(c) * * * 

(188) On November 8, 2010, 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 Royal Fiberglass Pools, Inc. 

manufacturing facility located in Dix, 

Illinois. The adjusted standard is that 35 

Ill. Adm. Code 217.301 does not apply 

to VOM emissions from Royal’s Dix, 

Illinois facility. The facility is subject to 

emission limit requirements set forth in 

the MACT under 40 CFR 63 subpart 

WWWW finalized in 68 FR 19402, April 

21, 2003. 

(i) Incorporation by reference. (A) 

February 18, 2010, Opinion and Order 

of the Illinois Pollution Control Board, 

AS–09–04, effective February 18, 2010. 

[FR Doc. 2011–15866 Filed 6–24–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 55 

[EPA–R10–OAR–2011–0045; FRL–9317–8] 

Outer Continental Shelf Air 

Regulations Consistency Update for 

Alaska 

AGENCY: Environmental Protection 

Agency (‘‘EPA’’). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing an update to 

a portion of the Outer Continental Shelf 

(‘‘OCS’’) Air Regulations proposed in 

the Federal Register on February 10, 

2011. Requirements applying to OCS 

sources located within 25 miles of 

States’ seaward boundaries must be 

updated periodically to remain 

consistent with the requirements of the 

corresponding onshore area, as 

mandated by section 328(a)(1) of the 

Clean Air Act (‘‘the Act’’). The portion 

of the OCS air regulations being updated 

pertains to the requirements for OCS 

sources in the State of Alaska. The 

intended effect of approving the OCS 

requirements for the State of Alaska is 

to regulate emissions from OCS sources 

in a manner consistent with the 

requirements onshore. The change to 


jlentini on DSK4TPTVN1PROD with RULES