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[Federal Register Volume 77, Number 110 (Thursday, June 7, 2012)]
[Rules and Regulations]
[Pages 33659-33661]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-13447]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2010-0394; FRL-9663-1]

Approval and Promulgation of Air Quality Implementation Plans; 
Illinois; Consumer Products and AIM Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving the addition of a new rule to the Illinois 
State Implementation Plan (SIP) submitted by the Illinois Environmental 
Protection Agency (IEPA) on April 7, 2010. The rule being approved into 
the SIP is Title 35 Illinois Administrative Code (IAC) Part 223, 
``Standards and Limitations for Organic Material Emissions for Area 
Sources.'' The rule is approvable because it is at least as stringent, 
and in some cases more stringent than, EPA's national consumer products 
and architectural and industrial maintenance (AIM) coatings rules. 
However, EPA is conditionally approving four specific paragraphs in the 
rule, based on a September 2, 2011, letter from IEPA committing to 
correct the noted deficiencies in these paragraphs within one year of 
July 9, 2012.

DATES: This final rule is effective on July 9, 2012.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2010-0394. All documents in the docket are listed on 
the www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, i.e., 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 either 
electronically through 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 Anthony Maietta, 
Environmental Protection Specialist, at (312) 353-8777 before visiting 
the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Anthony Maietta, Environmental 
Protection Specialist, Control Strategies Section, Air Programs Branch 
(AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 353-8777, 
maietta.anthony@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. Did EPA receive any comments on our proposed rulemaking?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

[[Page 33660]]

I. Background

    On April 7, 2010, IEPA submitted a request for EPA to approve 35 
IAC Part 223, titled, ``Standards and Limitations for Organic Material 
Emissions for Area Sources,'' into the Illinois SIP. This Part includes 
measures to limit volatile organic compounds (VOC) emissions by 
requiring reductions in the VOC content of consumer products and AIM 
coatings. Consumer products are a wide array of sprays, gels, cleaners, 
adhesives, and other chemically formulated products that are purchased 
for personal or institutional use and that emit VOC through their 
consumption, storage, disposal, destruction, or decomposition. AIM 
coatings are paints, varnishes, and other similar coatings that are 
meant for use on external surfaces of buildings or other outside 
structures and that emit VOC through similar means to consumer 
products. See EPA's October 27, 2011, proposed approval at 76 FR 66663 
for discussion of the provisions in this rule.
    The VOC limits for consumer products and AIM coatings in 35 IAC 
Part 223 are based on existing California Air Resources Board (CARB) 
regulations and model rules developed by the Ozone Transport Commission 
(OTC) for consumer products and AIM coatings. The VOC limits that 
Illinois adopted for consumer products are at least as stringent, and 
in some cases more stringent than EPA's national consumer products 
rule, ``National Volatile Organic Compound Emission Limits for Consumer 
Products,'' 40 CFR part 59, Subpart C. The VOC limits that Illinois 
adopted for AIM coatings are at least as stringent, and in some cases 
more stringent than EPA's national AIM rule, ``National Volatile 
Organic Compound Emission Standards for Architectural Coatings,'' 40 
CFR part 59, Subpart D. Because the consumer products and AIM limits 
Illinois adopted are at least as stringent, and in some cases are more 
stringent than EPA's VOC limits for these product categories, the new 
Part 223 is approvable into the Illinois SIP. It should be noted that, 
while Illinois is not an OTC member state, they have voluntarily chosen 
to adopt these VOC limits to create more consistency in regional and 
national markets for consumer products and AIM coatings.
    During our rule-by-rule review of Illinois' submittal, we 
identified four paragraphs within 35 IAC Part 223 that contained 
errors. Under section 110(k)(4) of the Clean Air Act (CAA), EPA may 
conditionally approve a portion of a SIP revision based on a commitment 
from a state to adopt specific enforceable measures by a date certain 
that is no more than one year from the date of conditional approval. We 
notified IEPA about these errors, and on September 2, 2011, Illinois 
sent EPA a letter committing to amend these paragraphs to display the 
correct limits and limit categories and submit the revised paragraphs 
to EPA within one year of our final approval. The four provisions 
containing errors are 35 IAC 223.205(6)(A), 35 IAC 223.205(6)(B), 35 
IAC 223.205(17)(A), and 35 IAC 223.205(17)(B). The errors involved 
incorrect high volatility organic material and medium volatility 
organic material limits.
    On October 27, 2011, we proposed to approve 35 IAC Part 223 into 
the Illinois SIP (76 FR 66663). We also proposed to conditionally 
approve the four erroneously labeled paragraphs within the State's 
submittal of 35 IAC Part 223 based on the September 2, 2011, commitment 
from Illinois to amend these paragraphs to display the correct limits 
and limit categories and submit the revised paragraphs to EPA within 
one year of our final approval.

II. Did EPA receive any comments on our proposed rulemaking?

    EPA did not receive any comments on our proposed rulemaking. 
Therefore, EPA is making its approval final.

III. What action is EPA taking?

    EPA is approving into the Illinois SIP 35 IAC Part 223, ``Standards 
and Limitations for Organic Material Emissions for Area Sources,'' 
except that EPA is conditionally approving paragraphs (6)(A), (6)(B), 
(17)(A), and (17)(B) of 35 IAC Part 223.205. This conditional approval 
is based on a commitment from the State sent on September 2, 2011, to 
correct these paragraphs within one year of July 9, 2012. If this 
condition is not fulfilled within one year of the effective date of 
final rulemaking, the conditional approval will automatically revert to 
disapproval, as of the deadline for meeting the conditions, without 
further action from EPA. EPA will subsequently publish a notice in the 
Federal Register informing the public of a disapproval. If Illinois 
submits final and effective rule revisions correcting the deficiencies 
within one year from the effective date of this conditional approval, 
EPA will publish a subsequent notice in the Federal Register to 
acknowledge conversion of the conditional approval to a full approval.

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 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

[[Page 33661]]

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 6, 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, Volatile organic compounds.

    Dated: April 9, 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 52.719 is added to read as follows:

Sec.  52.719  Identification of plan--Conditional approval.

    On April 7, 2010, Illinois submitted an amendment to its State 
Implementation Plan to add a new rule that limits the amount of 
volatile organic compounds (VOCs) from consumer products and 
architectural and industrial maintenance coatings at Part 223 of Title 
35 of the Illinois Administrative Code (35 IAC 223). Paragraphs (a)(6) 
and (a)(17), of 35 IAC 223.205 contain errors in the VOC limits listed 
for aerosol- and non aerosol-based antiperspirants and deodorants. 35 
IAC 233.205(a)(6)(A) erroneously provides two high-volatility VOC 
limits for aerosol-based antiperspirants when there should be both a 
high- and medium-volatility limit for this category. 35 IAC 
233.205(a)(6)(B) erroneously provides two medium-volatility VOC limits 
for non aerosol-based antiperspirants when there should be both a high- 
and medium-volatility limit for this category. 35 IAC 233.205(a)(17)(A) 
erroneously provides two high-volatility VOC limits for aerosol-based 
deodorants when there should be both a high- and medium-volatility 
limit for this category. 35 IAC 233.205(a)(17)(B) erroneously provides 
two medium-volatility VOC limits for non aerosol-based deodorants when 
there should be both a high- and medium-volatility limit for this 
category. The paragraphs are conditionally approved contingent on 
Illinois submitting to EPA revised provisions correcting these errors 
by July 8, 2013.
    (i) Incorporation by reference. Illinois Administrative Code; Title 
35: Environmental Protection; Subtitle B: Air Pollution; Chapter I: 
Pollution Control Board; Subchapter c: Emission Standards and 
Limitation for Stationary Sources; Part 223: Standards and Limitations 
for Organic material Emissions for Area Sources; Section 205: 
Standards; paragraphs (a)(6) and (a)(17), effective on June 8, 2009.
    (ii) [Reserved]

0
3. Section 52.720 is amended by adding paragraph (c)(191) to read as 
follows:

Sec.  52.720  Identification of plan.

* * * * *
    (c) * * *
    (191) On April 7, 2010, Illinois submitted an amendment to its 
State Implementation Plan to add a new rule at 35 Illinois 
Administrative Code Part 223 that limits the amount of volatile organic 
compounds from consumer products and architectural and industrial 
maintenance coatings.
    (i) Incorporation by reference. (A) Illinois Administrative Code; 
Title 35: Environmental Protection; Subtitle B: Air Pollution; Chapter 
I: Pollution Control Board; Subchapter c: Emission Standards and 
Limitation for Stationary Sources; Part 223: Standards and Limitations 
for Organic material Emissions for Area Sources, except for 
223.205(a)(6) and (a)(17), effective June 8, 2009.
    (B) [Reserved]

[FR Doc. 2012-13447 Filed 6-6-12; 8:45 am]
BILLING CODE 6560-50-P
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