
[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]


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

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.

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

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 
http://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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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


