[Federal Register Volume 66, Number 239 (Wednesday, December 12, 2001)]
[Rules and Regulations]
[Pages 64146-64148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30581]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IL212-1a; FRL-7098-8]


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 Formel Industries, Incorporated (Formel). This 
flexographic printing facility is located in Cook County, Illinois. The 
Illinois Environmental Protection Agency (IEPA) submitted the revised 
rules on March 21, 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

[[Page 64147]]

Reasonably Achievable Control Technology (RACT) for Formel. 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 with the Board. The 
adjusted standard requirements include participation in a market-based 
emissions trading system, daily record keeping, conducting trials of 
compliant inks, and reviewing alternate control technologies.

DATES: This rule is effective on February 11, 2002, unless the EPA 
receives relevant adverse written comments by January 11, 2002. If 
adverse 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's 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.

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 Formel. Formel is required to comply with the 
conditions in their adjusted standard. The conditions include 
participation in the market-based emissions trading system, daily 
record keeping 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 Formel must follow. 
Formel's facility is located in the metropolitan Chicago severe ozone 
non-attainment area. Formel, with a permitted VOC emissions limit of 80 
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 Formel changes its requirements to 
complying with a market-based emissions trading system, daily record 
keeping requirements, and to conduct trials with compliant inks and 
control devices. The market-based trading system will allow Formel to 
buy emissions allotments from companies which can reduce their VOC 
emissions at a lower cost than Formel can. The net VOC emissions of all 
participants meets the desired reductions.

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

    Illinois included information on compliant ink trials and control 
device studies at Formel. The Flexographic Printing Rule requires 
sources use either compliant inks or use a control device to limit VOC 
emissions. To evaluate what RACT is for Formel, the first consideration 
is what options would work? The costs of the options that will work are 
then estimated. The economic burden on the company is then considered. 
If the compliance costs of an option are determined to be too high, 
this option is not considered RACT.
    Formel ran trials of printing with compliant inks. They also 
determined what control technologies would work and their costs. The 
Illinois Pollution Control Board concluded that the using either 
compliant inks or a control device would not be RACT for Formel. The 
EPA agrees with this assessment. Printing on plastic with compliant 
inks is rather difficult. Low VOC content in Formel's exhaust makes 
control devices 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?

    Formel is located in the Chicago severe ozone non-attainment area. 
It is permitted to emit up to 80 TPY of VOC. The actual VOC emissions 
from this facility are about 45-70 TPY. VOC can chemically react to 
form ozone, so limiting VOC emissions in an ozone non-attainment area 
is desired. Formel is reducing VOC emissions through participation in a 
market-based emissions trading program. In this program, Formel buys 
emission allotments from other participants as an alternative to 
reducing its emissions. Formel bought 15 allotments in 2000. Each 
allotment is for 200 pounds of VOC emissions. All participants need to 
own allotments covering its 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 to participants.

V. What Rulemaking Actions Are the EPA Taking?

    The EPA is approving, through direct final rulemaking, revisions to 
the volatile organic compound rules for Formel Industries, Incorporated 
of Cook 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 Formel. The requirements of the adjusted standard include 
complying with a market-based emissions trading system, daily record 
keeping, 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 February 11, 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.

[[Page 64148]]

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 (Pub. L. 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 this action must be filed in the United States Court 
of Appeals for the appropriate circuit by February 11, 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, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: October 25, 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)(160) to read 
as follows:


Sec. 52.720  Identification of plan.

* * * * *
    (c) * * *
    (160) On March 21, 2001, Illinois submitted revisions to volatile 
organic compound rules for Formel Industries, Incorporated in Cook 
County, Illinois. The revisions consist of a January 18, 2001 Opinion 
and Order of the Illinois Pollution Control Board in the Matter of: 
Petition of Formel Industries, Inc. for an Adjusted Standard from 35 
ILL. ADM. CODE 218.401(a),(b) and (c): AS 00-13 (Adjusted Standard 
Air). This Opinion and Order grants Formel Industries, Incorporated an 
adjusted standard to the Flexographic Printing Rule. The adjusted 
standard requirements include participation in a market-based emissions 
trading system, maintaining daily records, conducting trials of 
compliant inks, and reviewing alternate control technologies.
    (i) Incorporation by reference.
    Volatile organic compound emissions limits contained in a January 
18, 2001 Opinion and Order of the Illinois Pollution Control Board in 
the Matter of: Petition of Formel Industries, Inc. for an Adjusted 
Standard from 35 ILL. ADM. CODE 218.401(a), (b) and (c): AS 00-13 
(Adjusted Standard-Air). This Opinion and Order was adopted by the 
Illinois Pollution Control Board on January 18, 2001. It became 
effective under State law on January 18, 2001.
[FR Doc. 01-30581 Filed 12-11-01; 8:45 am]
BILLING CODE 6560-50-P