

[Federal Register: March 23, 2007 (Volume 72, Number 56)]
[Rules and Regulations]               
[Page 13708-13710]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23mr07-17]                         


[[Page 13708]]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2005-IL-0001; FRL-8290-5]

 
Approval and Promulgation of Air Quality Implementation Plans; 
Illinois

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The EPA is approving volatile organic compound (VOC) rules for 
Formel Industries, Inc. (Formel) as a revision to the Illinois State 
Implementation Plan (SIP) for ground level ozone. On December 12, 2001 
EPA approved an adjusted standard for Formel. At that time Formel, a 
flexographic printer in Cook County, Illinois, was given an adjusted 
standard because Illinois determined it was not technically feasible or 
economically reasonable for Formel to meet the VOC control requirements 
for flexographic printers. Illinois is now withdrawing the adjusted 
standard because Formel has installed a catalytic oxidizer that allows 
it to meet the VOC control requirements. This control device will 
reduce VOC emissions from Formel. VOC is an ozone precursor, so the VOC 
emissions reduction from Formel should help reduce ozone levels in Cook 
County, Illinois.

DATES: This direct final rule will be effective May 22, 2007, unless 
EPA receives adverse comments by April 23, 2007. 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-2005-IL-0001, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for 

submitting comments.
    2. E-mail: mooney.john@epa.gov.
    3. Fax: (312) 886-5824.
    4. Mail: John M. Mooney, Chief, Criteria Pollutant Section, Air 
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West 
Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: John M. Mooney, Chief, Criteria Pollutant 
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-
2005-IL-0001. 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 legal holidays. We 
recommend that you telephone Matt Rau, Environmental Engineer, at (312) 
886-6524 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer, 
Criteria Pollutant Section, Air Programs Branch (AR 18J), Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, (312) 886-6524, rau.matthew@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 Approving?
II. What Is the Background for This Action?
III. What Is EPA's Analysis of the State Submission?
IV. What Are the Environmental Effects of This Action?
V. What Action Is EPA Taking Today?
VI. Statutory and Executive Order Reviews

I. What Is EPA Approving?

    EPA is approving a revision of the Illinois State Implementation 
Plan (SIP). This SIP revision removes an adjusted standard for Formel 
from 35 Illinois Administrative Code (IAC) Section 218.401(a), (b), and 
(c), VOC control requirements for Chicago area printers. Formel has 
installed a catalytic oxidizer. Now that Formel has a control device 
installed, it can comply with the VOC control requirements. As a 
result, Illinois withdrew the adjusted standard for Formel and EPA is 
approving the withdrawal of the adjusted standard. Formel is required 
to operate a capture system and a control device that provides an 
overall VOC reduction of at least 60 percent. The control device must 
reduce captured VOC emissions by 90 percent or more.

II. What Is the Background for This Action?

    Formel is a flexographic printer in Cook County, Illinois. Formel 
has potential VOC emissions of 80 tons per year making it subject 35 
IAC 218.401(a), (b), and (c). The VOC rules, 35 IAC 218.401, require 
printers to either use water-based compliant inks or to use a capture 
system and a control device. Formel prints food packaging on high slip 
plastic which precluded the use of compliant inks. In 2000, adding a 
control device was determined to not be economically reasonable. Formel 
requested and was granted an adjusted standard because it could not 
practically comply with the flexographic printing rule. Conditions in 
the adjusted standard require that the adjusted standard must be 
revised or withdrawn if Formel determines that it is feasible to use 
compliant inks or a control device. Formel has installed a catalytic 
oxidizer and is now complying with the flexographic printing rules. 
Formel must

[[Page 13709]]

reduce VOC emissions by at least 60 percent. The control device must 
destroy at least 90 percent of captured VOC emissions. The adjusted 
standard required Formel to buy allotments from other companies to 
offset its emissions. The VOC emission reductions from the control 
device at a minimum will be the same as achieved by buying allotments. 
Catalytic oxidizers operate more efficiently as the VOC concentration 
increase. Thus, Formel has incentive to maximizing its capture 
efficiency. The adjusted standard for Formel was terminated on April 
15, 2004 by the Illinois Pollution Control Board.

III. What Is EPA's Analysis of the State Submission?

    Illinois provided the adjusted standard withdrawal notice. The 
state also provided background documents on the adjusted standard. 
Formel will comply with 35 IAC 218.401 with the adjusted standard being 
removed. This rule applies to flexographic printers in the Chicago 
ozone nonattainment area. The catalytic oxidizer Formel is now using 
should control the VOC emissions at least as much as the reductions 
from other sources that produced the allotments Formel purchased.

IV. What Are the Environmental Effects of This Action?

    The Formel facility is located in Cook County, Illinois, which is 
part of the Chicago Moderate 8-hour ozone nonattainment area.
    Formel will now comply with the flexographic printing rule with its 
installed control device. Formel is reducing its VOC emissions, a 
precursor to ozone formation, with the control device.
    Ozone decreases lung function, causing chest pain and coughing. It 
can aggravate asthma, reduce lung capacity, and increase risk of 
respiratory diseases like pneumonia and bronchitis. Children playing 
outside and healthy adults who work or exercise outside also may be 
harmed by elevated ozone levels. Ozone also reduces vegetation growth 
in economically important agricultural crops and wild plants. VOC 
emissions will not increase, so ozone formation should not increase due 
to the Formel revision.

V. What Action Is EPA Taking Today?

    EPA is approving revisions to the Illinois SIP that remove the 
adjusted standard for Formel. Formel has installed a control device and 
is complying with the flexographic printing rule.
    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 May 22, 2007 
without further notice unless we receive relevant adverse written 
comments by April 23, 2007. 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. If we do not receive any comments, this 
action will be effective May 22, 2007.

VI. Statutory and Executive Order Reviews

Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget.

Executive Order 13211: Actions That Significantly Affect Energy Supply, 
Distribution, or Use

    Because it is not a ``significant regulatory action'' under 
Executive Order 12866 or a ``significant energy action,'' this action 
is also not subject to Executive Order 13211, ``Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, or 
Use'' (66 FR 28355, May 22, 2001).

Regulatory Flexibility Act

    This action merely approves state law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this rule will not have a significant economic impact on a substantial 
number of small entities under the Regulatory Flexibility Act (5 U.S.C. 
601 et seq.).

Unfunded Mandates Reform Act

    Because this rule approves pre-existing requirements under state 
law and does not impose any additional enforceable duty beyond that 
required by state law, it 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).

Executive Order 13175: Consultation and Coordination With Indian Tribal 
Governments

    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (59 
FR 22951, November 9, 2000).

Executive Order 13132: Federalism

    This action also does not have Federalism implications because it 
does not have substantial direct effects on the states, on the 
relationship between the national government and the states, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132 (64 FR 43255, August 
10, 1999). This action merely approves a state rule implementing a 
federal standard, and does not alter the relationship or the 
distribution of power and responsibilities established in the Clean Air 
Act.

Executive Order 13045: Protection of Children From Environmental Health 
and Safety Risks

    This rule also is not subject to Executive Order 13045 ``Protection 
of Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997), because it approves a state rule implementing a 
Federal Standard.

National Technology Transfer Advancement Act

    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
state to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply.

Paperwork Reduction Act

    This rule does not impose an information collection burden under 
the

[[Page 13710]]

provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).

Congressional Review Act

    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 rule 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 Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by May 22, 2007. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule 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, Ozone, Volatile organic 
compounds.

    Dated: February 28, 2007.
Steve Rothblatt,
Acting Regional Administrator, Region 5.

0
For the reasons stated in the preamble, part 52, chapter I, of title 40 
of the Code of Federal Regulations 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)(176) to read as 
follows:


Sec.  52.720  Identification of plan.

* * * * *
    (c) * * *
    (176) On June 14, 2004, Illinois submitted revisions to volatile 
organic compound rules for Formel Industries, Incorporated in Cook 
County, Illinois. The revisions consist of withdrawing an adjusted 
standard to the Flexographic Printing Rule. Formel Industries has 
installed a control device and is complying with the Flexographic 
Printing Rule.
    (i) Incorporation by reference.
    An April 15, 2004, Supplemental Opinion and Order of the Illinois 
Pollution Control Board AS 00-13, terminating Formel's previously 
issued (January 18, 2001) adjusted standard from the Flexographic 
Printing Rule, effective April 15, 2004.

 [FR Doc. E7-5359 Filed 3-22-07; 8:45 am]

BILLING CODE 6560-50-P
