[Federal Register Volume 69, Number 55 (Monday, March 22, 2004)]
[Rules and Regulations]
[Pages 13239-13242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6307]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IL219-1a; FRL-7632-7]
Approval and Promulgation of State Implementation Plans; IL
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The EPA is approving a site-specific revision to the Illinois
volatile organic compound (VOC) State Implementation Plan (SIP) for the
Ford Motor Company's Chicago Assembly Plant in Chicago, IL. By its
submittal dated June 20, 2003, the Illinois Environmental Protection
Agency (Illinois EPA) requested that EPA approve Ford's adjusted
standard into the Illinois VOC SIP. This request is approvable because
it satisfies reasonably available control technology (RACT) and is a
more suitable control measure for its solvent clean-up emissions than
the general VOC rule which it replaces. The rationale for the approval
and other information are provided in this rulemaking action.
DATES: This direct final rule is effective May 21, 2004, unless EPA
receives written adverse comment by April 21, 2004. If written adverse
comment is received, EPA will publish a timely withdrawal of the direct
final rule in the Federal Register and inform the public that the rule
will not take effect.
ADDRESSES: Written comments may be mailed to: J. Elmer Bortzer, Acting
Chief, Air Programs Branch (AR-18J), United States Environmental
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
Copies of the documents relevant to this action are available for
inspection during normal business hours at the above address. (Please
telephone Steven Rosenthal at (312) 886-6052, before visiting the
Region 5 office.)
Comments may also be submitted electronically to
[email protected] or through hand delivery/courier, please follow the
detailed instructions described in Part(I)(B)(1)(i) through (iii) of
the Supplementary Information section. A copy of the SIP revision is
available for inspection at the Air Programs Branch (AR-18J), Air and
Radiation Division, United States Environmental Protection Agency, 77
West Jackson Boulevard, Chicago, Illinois 60604.
FOR FURTHER INFORMATION CONTACT: Steven Rosenthal, Environmental
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J), Air
and Radiation Division, United States Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312)
886-6052. [email protected].
SUPPLEMENTARY INFORMATION: This supplemental information section is
organized as follows:
I. General Information.
II. EPA Action and Review.
1. What Action Is EPA Taking Today?
2. Why Is EPA Taking this Action?
3. What Are the Control Requirements in the Adjusted Standard?
4. What Information Did Illinois Submit in Support of This SIP?
5. Was a Public Hearing Held?
6. What Led to the SIP Revision and Why Is It Being Approved?
III. Final Rulemaking Action.
IV. Statutory and Executive Order Reviews.
I. General Information
A. How Can I Get Copies Of This Document and Other Related Information?
1. The Regional Office has established an official public
rulemaking file available for inspection at the Regional Office. EPA
has established an official public rulemaking file for this action
under ``Region 5 Air Docket Il219''. The official public file consists
of the documents specifically referenced in this action, any public
comments received, and other information related to this action.
Although a part of the official docket, the public rulemaking file does
not include Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. The official
public rulemaking file is the collection of
[[Page 13240]]
materials that is available for public viewing at the Air Programs
Branch, Air and Radiation Division, EPA Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604. EPA requests that if at all
possible, you contact the person listed in the For Further Information
Contact section to schedule your inspection. The Regional Office's
official hours of business are Monday through Friday, 8:30 to 4:30
excluding Federal holidays.
2. Electronic Access. You may access this Federal Register document
electronically through the regulations.gov web site located at http://www.regulations.gov where you can find, review, and submit comments on
Federal rules that have been published in the Federal Register, the
Government's legal newspaper, and are open for comment.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing at the EPA Regional Office,
as EPA receives them and without change, unless the comment contains
copyrighted material, CBI, or other information whose disclosure is
restricted by statute. When EPA identifies a comment containing
copyrighted material, EPA will provide a reference to that material in
the version of the comment that is placed in the official public
rulemaking file. The entire printed comment, including the copyrighted
material, will be available at the Regional Office for public
inspection.
B. How and To Whom Do I Submit Comments?
You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate rulemaking identification number by including the text
``Public comment on proposed rulemaking Region 5 Air Docket ``Il219''
in the subject line on the first page of your comment. Please ensure
that your comments are submitted within the specified comment period.
Comments received after the close of the comment period will be marked
``late.'' EPA is not required to consider these late comments.
1. Electronically. If you submit an electronic comment as
prescribed below, EPA recommends that you include your name, mailing
address, and an e-mail address or other contact information in the body
of your comment. Also include this contact information on the outside
of any disk or CD-ROM you submit, and in any cover letter accompanying
the disk or CD-ROM. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. EPA's policy is that EPA
will not edit your comment, and any identifying or contact information
provided in the body of a comment will be included as part of the
comment that is placed in the official public docket. 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.
i. E-mail. Comments may be sent by electronic mail (e-mail) to
[email protected]. Please include the text ``Public comment on
proposed rulemaking Region 5 Air Docket Il219'' in the subject line.
EPA's e-mail system is not an ``anonymous access'' system. If you send
an e-mail comment directly without going through Regulations.gov, EPA's
e-mail system automatically captures your e-mail address. E-mail
addresses that are automatically captured by EPA's e-mail system are
included as part of the comment that is placed in the official public
docket.
ii. Regulations.gov. Your use of Regulations.gov is an alternative
method of submitting electronic comments to EPA. Go directly to
Regulations.gov at http://www.regulations.gov, then click on the button
``TO SEARCH FOR REGULATIONS CLICK HERE'', and select Environmental
Protection Agency as the Agency name to search on. The list of current
EPA actions available for comment will be listed. Please follow the
online instructions for submitting comments. The system is an
``anonymous access'' system, which means EPA will not know your
identity, e-mail address, or other contact information unless you
provide it in the body of your comment.
iii. Disk or CD-ROM. You may submit comments on a disk or CD-ROM
that you mail to the mailing address identified in section 2, directly
below. These electronic submissions will be accepted in WordPerfect,
Word or ASCII file format. Avoid the use of special characters and any
form of encryption.
2. By Mail. Send your comments to: J. Elmer Bortzer, Acting Chief,
Air Programs Branch, (AR-18J), U.S. Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604. Please
include the text ``Public comment on proposed rulemaking Region 5 Air
Docket Il219'' in the subject line on the first page of your comment.
3. By Hand Delivery or Courier. Deliver your comments to: J. Elmer
Bortzer, Acting Chief, Air Programs Branch, (AR-18J), U.S.
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
18th floor, Chicago, Illinois 60604. Such deliveries are only accepted
during the Regional Office's normal hours of operation. The Regional
Office's official hours of business are Monday through Friday, 8:30 to
4:30 excluding Federal holidays.
C. How Should I Submit CBI to the Agency?
Do not submit information that you consider to be CBI
electronically to EPA. You may claim information that you submit to EPA
as CBI by marking any part or all of that information as CBI (if you
submit CBI on disk or CD-ROM, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is CBI). Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR part
2.
In addition to one complete version of the comment that includes
any information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI must be submitted for inclusion
in the official public regional rulemaking file. If you submit the copy
that does not contain CBI on disk or CD-ROM, mark the outside of the
disk or CD-ROM clearly that it does not contain CBI. Information not
marked as CBI will be included in the public file and available for
public inspection without prior notice. If you have any questions about
CBI or the procedures for claiming CBI, please consult the person
identified in the FOR FURTHER INFORMATION CONTACT section.
II. EPA Action and Review
1. What Action Is EPA Taking Today?
In this action, EPA is approving into the Illinois VOC SIP an
adjusted standard for Ford Motor Company's (Ford) solvent clean-up
operations at its Chicago Assembly Plant in Chicago, IL. Specifically,
EPA is approving the control requirements contained in the Illinois
Pollution Control Board's November 21, 2002, Order which establishes an
adjusted standard (AS 02-3) in place of the control requirements in 35
Ill. Adm. Code 218.986 for Ford's solvent clean-up operations.
2. Why Is EPA Taking This Action?
The control requirements contained in the adjusted standard
represents a level of control appropriate for solvent clean-up
operations at an automobile assembly plant. The adjusted standard
[[Page 13241]]
replaces an 81% control requirement in 35 Ill. Adm. Code 218.986 which
is not appropriate for solvent clean-up operations because the
emissions from these operations are not vented to add-on control
equipment.
3. What Are the Control Requirements in the Adjusted Standard?
The adjusted standard applies to the paint booth cleaning
operations, automated paint application cleaning, manual paint
application equipment cleaning, floor cleaning, the purge system for
automated paint application equipment, ultra filter cleaning and paint
supply system cleaning and vehicle body cleaning. VOC emissions are
limited to 340 tons/year as calculated on a 12 month rolling basis.
That is, every month, the emissions from the prior 12 months are
determined and subject to a 340 tons/year limit. The use of spray
equipment is not allowed to apply any cleaning solvent in excess of 3.5
pounds VOC per gallon for cleaning paint booth walls, grates, or the
exteriors of paint application equipment. Ford is prohibited from using
VOC containing materials to remove paint from paint booth grates, and
it is not allowed to store waste solvent or soiled rags from cleaning
operations in open containers when not in use. In addition, the
Illinois Pollution Control Board's (IPCB) Order contains sufficient
recordkeeping requirements and test methods to establish whether the
control requirements are achieved.
4. What Information Did Illinois Submit in Support of This SIP?
The Illinois EPA submitted the following information (along with
other less substantive procedural documents) in support of its request
for an Adjusted Standard from 35 Ill. Adm. Code 218.986:
(a) Ford's Petition from an Adjusted Standard, filed February 4,
2002.
(b) The Illinois EPA recommendation, filed April 22, 2002.
(c) Notice of Hearing, filed August 8, 2002.
(d) The Opinion and Order of the IPCB, in which the IPCB granted
Ford an Adjusted Standard for its Chicago facility from 35 Ill. Adm.
Code 218.986, adopted November 21, 2002.
5. Was a Public Hearing Held?
A public hearing was held on August 15, 2002, in Chicago and a
transcript of the hearing was submitted by Illinois EPA in support of
its request for a SIP revision.
6. What Led to the SIP Revision and Why Is It being Approved?
EPA requires that existing VOC sources in ozone nonattainment areas
meet a level of control referred to as RACT. For many source categories
EPA has established guidance documents which are referred to as Control
Technique Guideline (CTG) documents which fairly explicitly establish
the level of control that represents RACT for a specific source
category. However, neither a CTG document nor explicit guidance has
been established for solvent clean-up operations at automobile assembly
plants. Instead, Illinois has a general 81% control requirement for
those source categories for which explicit RACT guidance has not been
established and Ford was found to be in violation of the 81% control
requirement by EPA.
However, because an 81% control requirement is not the most
suitable way to regulate solvent clean-up operations, an alternative
control plan was agreed to by EPA and Ford in a February 10, 1997,
United States District Court Consent Decree. The control requirements
in the Consent Decree are the same as those described above in Section
II.3., except that the annual limit is 390 tons VOC per year. This
level of control was established because it was consistent with the
level of control in place at other automotive assembly plants for their
solvent clean-up operations. The 390 tons VOC/year was subsequently
lowered to 340 tons VOC/year because of improvements made by Ford and
as a result of discussions with community groups around Ford's Chicago
Assembly Plant. The control requirements in the adjusted standard
therefore represent RACT and are approvable.
III. Final Rulemaking Action
For the reasons given above, EPA is approving the Adjusted Standard
from 35 Ill. Adm. Code Section 218.986 for Ford that was submitted on
June 20, 2003 as a SIP revision.
The EPA is 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
comments are filed. This rule will be effective May 21, 2004, without
further notice unless we receive relevant adverse written comments by
April 21, 2004. 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 April 21,
2004.
IV. Statutory and Executive Orders 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 Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
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).
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 (65
FR 67249, November 9, 2000).
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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 is not economically significant.
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 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. section 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.
section 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 21, 2004. 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: February 19, 2004.
Bharat Mathur,
Acting Regional Administrator, Region 5.
0
Title 40 of the Code of Federal Regulations, chapter I, 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.
0
2. Section 52.720 is amended by adding paragraph (c)(169) to read as
follows:
Sec. 52.720 Identification of plan.
* * * * *
(c) * * *
(169) On June 20, 2003, Illinois submitted an Adjusted Standard for
Ford Motor Company's Chicago Assembly Plant. This Adjusted Standard
from 35 Ill.Adm. Code 218.986 replaces those requirements with the
control requirements in the Illinois Pollution Control Board's November
21, 2002, Order.
(i) Incorporation by reference.
(A) The Illinois Pollution Control Board's November 21, 2002,
Opinion and Order which granted the Ford Motor Company's Chicago
Assembly Plant an adjusted standard (AS 02-3) from 35 Ill. ADM. Code
218.986. The requirements in 35 Ill. ADM. Code 218.986 have been
replaced by the requirements in the Illinois Pollution Control Board's
November 21, 2002, Order.
[FR Doc. 04-6307 Filed 3-19-04; 8:45 am]
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