[Federal Register Volume 66, Number 231 (Friday, November 30, 2001)]
[Rules and Regulations]
[Pages 59704-59706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-29655]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IL213-1a; FRL-7107-7]


Approval and Promulgation of Implementation Plans; Illinois

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is approving revisions to volatile organic compound 
(VOC) rules for Vonco Products, Incorporated (Vonco). This flexographic 
printing facility is located in Lake County, Illinois. The Illinois 
Environmental Protection Agency (IEPA) submitted the revised rules on 
March 28, 2001 as amendments to its State Implementation Plan (SIP). 
The revisions consist of an adjusted standard from the Flexographic 
Printing Rule, 35 IAC 218.401(a), (b), and (c). The Illinois Pollution 
Control Board (Board) approved this adjusted standard because the Board 
considers this to be the Reasonably Achievable Control Technology 
(RACT) for Vonco. The Board concluded that complying with the 
Flexographic Printing Rule requirements would be either technically 
infeasible or economically unreasonable for this facility. The EPA 
concurs. The adjusted standard requirements include a reduction in 
trading allotments should Vonco's emissions trigger participation in 
the Illinois market-based emissions trading system, maintaining daily 
records, conducting trials of compliant inks, and reviewing alternate 
control technologies.

DATES: This rule is effective on January 29, 2002, unless the EPA 
receives relevant adverse written comments by December 31, 2001. If 
adverse written comment is received, the EPA will publish a timely 
withdrawal of the rule in the Federal Register and inform the public 
that the rule will not take effect.

ADDRESSES: You should mail written comments to: J. Elmer Bortzer, 
Chief, Regulation Development Section, Air Programs Branch (AR-18J), 
U.S. Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604.
    You may inspect copies of Illinois' submittal at: Regulation 
Development Section, Air Programs Branch (AR-18J), U.S. Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604.

FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer, 
Regulation Development Section, Air Programs Branch (AR-18J), U.S. 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, Telephone: (312) 886-6524, E-Mail: 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' are used we mean the EPA.

Table of Contents

I. What is the EPA approving?
II. What are the changes from the current rule?
III. What is the EPA's analysis of the supporting materials?
IV. What are the environmental effects of these actions?
V. What rulemaking actions are the EPA taking?
VI. Administrative requirements.

I. What Is the EPA Approving?

    The EPA is approving an adjusted standard from the Flexographic 
Printing Rule for Vonco. Vonco is to comply with the requirements in 
its adjusted standard. The requirements include a reduction in the 
market-based emissions trading system baseline, maintaining daily 
records of inks and VOC content, conducting trials of compliant inks, 
and reviewing alternate control technologies.

II. What Are the Changes From the Current Rule?

    The adjusted standard changes the VOC rule Vonco must follow. 
Vonco's facility is located in the metropolitan Chicago severe ozone 
non-attainment area. Vonco, with a permitted VOC emissions limit of 
55.8 tons per year (TPY), is classified as a major source because it 
can emit more than 25 TPY of VOC. Chicago area flexographic printers 
classified as major VOC sources are subject to the Flexographic 
Printing Rule. This rule requires printers to either use compliant inks 
(low or no VOC content) or use a VOC emissions control device. Limiting 
VOC emissions will help to reduce ozone because VOC can chemically 
react in the atmosphere to form ozone.
    The adjusted standard given to Vonco changes its requirements to 
reduce the market-based emissions trading system allotment baseline, 
maintaining daily records, and conducting trials with compliant inks 
and control devices. The market-based trading system will allow Vonco 
to buy emissions allotments from companies which can reduce their VOC 
emissions at a lower cost than Vonco can. The net VOC emissions of all 
participants meet the desired reductions.

[[Page 59705]]

III. What Is the EPA's Analysis of the Supporting Materials?

    Illinois included information on compliant ink trials and control 
device studies at Vonco. The Flexographic Printing Rule requires 
sources to use either compliant inks or to use a control device to 
limit VOC emissions. To evaluate what RACT is for Vonco, the first 
consideration is to determine what options would work. The costs of the 
options that will work are then estimated and the economic burden on 
the company is considered. If the compliance costs of an option are 
determined to be too high, this option is not considered RACT.
    Vonco ran trials of printing with compliant inks. It also 
determined what control technologies would work and their costs. The 
Illinois Pollution Control Board concluded that using either compliant 
inks or a control device would not be RACT for Vonco. The EPA concurs. 
Printing on plastic with compliant inks is rather difficult. Low VOC 
content in Vonco's exhaust causes control devices to have high 
operational costs. The adjusted standard requirements are considered 
RACT by the Board. Similar printers have been granted adjusted 
standards with comparable requirements.

IV. What Are the Environmental Effects of These Actions?

    Vonco is located in the Chicago severe ozone non-attainment area. 
It is permitted to emit up to 55.8 TPY of VOC. The actual VOC emissions 
from this facility are about 20-25 TPY. VOC can chemically react to 
form ozone, so limiting VOC emissions in an ozone non-attainment area 
is desired. Should Vonco trigger participation in the Illinois market-
based emissions trading program, the adjusted standard lowers its 
baseline which will require Vonco to acquire more trading allotments. 
Vonco can buy emission allotments from other participants. Participants 
need to own allotments covering their VOC emissions for the ozone 
season (May 1 to September 30). The trading program reduces the total 
VOC emissions from the Chicago area. The total area wide emissions are 
limited by the number of allotments distributed by IEPA to 
participants.

V. What Rulemaking Actions Is the EPA Taking?

    The EPA is approving, through direct final rulemaking, revisions to 
the volatile organic compound rules for Vonco Products, Incorporated of 
Lake County, Illinois. These revisions are the required compliance with 
an adjusted standard to the Flexographic Printing Rule. The Illinois 
Pollution Control Board determined that the adjusted standard is RACT 
for Vonco. The requirements of the adjusted standard include reducing 
the market-based emissions trading system allotment baseline, 
maintaining daily records, conducting compliant ink trials, and 
investigation of alternative control devices.
    We are publishing this action without a prior proposal because we 
view these as non-controversial revisions and anticipate no adverse 
comments. However, in the Proposed Rules section of today's Federal 
Register, we are publishing a separate document that serves as the 
proposal to approve the SIP revision if adverse written comments are 
filed. This rule will be effective on January 29, 2002. If the EPA 
receives an adverse written comment, we will publish a final rule 
informing the public that this rule will not take effect. We will 
address all public comments in a subsequent final rule based on the 
proposed rule. The EPA does not intend to institute a second comment 
period on this action. Any parties interested in commenting on this 
action must do so now.

VI. Administrative Requirements

    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. For this 
reason, 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). 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.). 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 (Public Law 104-4).
    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 (65 
FR 67249, November 9, 2000). 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. 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 is not economically 
significant.
    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. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    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

[[Page 59706]]

this action must be filed in the United States Court of Appeals for the 
appropriate circuit by January 29, 2002. 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, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: November 9, 2001.
David A. Ullrich,
Deputy Regional Administrator, Region 5.

    For the reasons stated in the preamble, part 52, chapter I, title 
40 of the Code of Federal Regulations 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)(162) to read 
as follows:


Sec. 52.720  Identification of plan.

* * * * *
    (c) * * *
    (162) On March 28, 2001, Illinois submitted revisions to volatile 
organic compound rules for Vonco Products, Incorporated in Lake County, 
Illinois. The revisions consist of AS 00-12, an adjusted standard to 
the Flexographic Printing Rule, 35 IAC 218.401 (a), (b), and (c). The 
adjusted standard requirements include reducing the allotment baseline 
for the Illinois market-based emissions trading system, maintaining 
daily records, conducting trials of compliant inks, and reviewing 
alternate control technologies.
    (i) Incorporation by reference.
    AS 00-12, an adjusted standard from the Volatile Organic Compound 
emission limits applicable to Vonco Products, Inc. contained in 
Illinois Administrative Code Title 35: Environmental Regulations for 
the State of Illinois, Subtitle B: Air Pollution, Chapter I: Pollution 
Control Board, Subchapter c: Emission Standards and Limitations for 
Stationary Sources, Part 218.401 (a), (b), and (c). Effective on 
January 18, 2001.
    (ii) Other material.
    (A) November 14, 2001, letter from Dennis A. Lawler, Manager, 
Division of Air Pollution Control, Illinois Environmental Protection 
Agency to Jay Bortzer, Chief, Regulation Development Section, Air and 
Radiation Division, USEPA, Region 5, indicating that the effective date 
of the adjusted standard for Vonco Products, Inc. AS 00-12, is January 
18, 2001, the date that AS 00-12 was adopted by the Illinois Pollution 
Control Board.
[FR Doc. 01-29655 Filed 11-29-01; 8:45 am]
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