[Federal Register Volume 69, Number 100 (Monday, May 24, 2004)]
[Rules and Regulations]
[Pages 29446-29449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11557]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IL221-1a; FRL-7657-8]


Approval and Promulgation of State Implementation Plans; Illinois

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 
Horween Leather Company (Horween) in Chicago, Illinois. By its 
submittal dated May 28, 2003, the Illinois Environmental Protection 
Agency (Illinois EPA) requested that EPA approve a site-specific rule 
that would change the VOC control requirements that would apply to a 
small amount of specialty leathers and allow them to be produced at 
Horween's leather production facility in Chicago. This request is 
approvable because it satisfies reasonably available control technology 
(RACT) and is a more suitable control measure for certain of its 
specialty leather coating operations than the existing rule which this 
amends. The rationale for the approval and other information are 
provided in this rulemaking action.

DATES: This ``direct final'' rule is effective July 23, 2004, unless 
EPA receives written adverse comment by June 23, 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: Submit your comments, identified by Docket ID No. IL221 by 
one of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
on-line instructions for submitting comments.
    E-mail: [email protected].
    Fax: (312) 886-5824.
    Mail: You may send written comments to: J. Elmer Bortzer, Chief, 
Criteria Pollutant Section, (AR-18J), Environmental Protection Agency, 
77 West Jackson Boulevard, Chicago, Illinois 60604.
    Hand delivery: Deliver your comments to: J. Elmer Bortzer, Chief, 
Criteria Pollutant Section, (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

[[Page 29447]]

operation. The Regional Office's 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. IL221. EPA's 
policy is that all comments received will be included in the public 
docket without change, 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 regulations.gov, or e-mail. The 
federal regulations.gov website 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 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. ``For additional 
instructions on submitting comments, go to Section I of the 
SUPPLEMENTARY INFORMATION section of this document.''
    Docket: All documents in the docket are listed in an index. 
Although listed in the index, some information is not publicly 
available, i.e., CBI or other information whose disclosure is 
restricted by statute. Publicly available docket materials are 
available in hard copy at Environmental Protection Agency, Region 5, 
Air and Radiation Division, 77 West Jackson Boulevard, Chicago, 
Illinois 60604. (We recommend that you telephone Steven Rosenthal, 
Environmental Engineer, at (312) 886-6052 before visiting the Region 5 
office.) This Facility is open from 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Steven Rosenthal at (312) 886-6052.

SUPPLEMENTARY INFORMATION: This supplementary 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. Does This Action Apply to Me?

    Probably not because this action applies to a single source, 
Horween, in Chicago, IL.

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
regulations.gov or e-mail. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD ROM that you mail to EPA, 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 claimed as CBI. In addition to one 
complete version of the comment that includes 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 public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
    a. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    b. Follow directions--The agency may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    c. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    d. Describe any assumptions and provide any technical information 
and/or data that you used.
    e. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    f. Provide specific examples to illustrate your concerns, and 
suggest alternatives.

II. EPA Action and Review

1. What Action Is EPA Taking Today?

    In this action, EPA is approving into the Illinois VOC SIP an 
amendment to the leather coating rules that apply in the Chicago ozone 
nonattainment area. Specifically, EPA is approving a new Section 
218.929 that changes the VOC control requirements for coating a small 
amount of specialty leathers at Horween's leather production facility 
located at 2015 North Elston Avenue, Chicago, Illinois. These control 
requirements were adopted in the Illinois Pollution Control Board's 
February 20, 2003, Final Order R02-20 which adopts a revision to 35 
Ill. Adm. Code 218.112 (in which a test method is added to Illinois' 
Incorporation by Reference Section) and new Section 35. Ill. Adm. Code 
218.929.

2. Why Is EPA Taking This Action?

    The VOC control requirements contained in Section 218.929 represent 
a RACT level of VOC control for the specialty shoe leathers that are 
covered by them. They are based upon leather coating requirements that 
had previously been approved by EPA as a SIP revision for a company 
making products similar to Horween.

3. What Are the Control Requirements in the Adjusted Standard?

    Section 218.929 adds control requirements, and measures to ensure 
their enforceability, that apply to certain specialty leathers coated 
at Horween's Chicago leather manufacturing facility. These specialty 
leathers are cementable and dress or performance shoe leathers. 
Cementable shoe leather has over 12 percent but less than 25 percent 
wax, grease, polymers and oils embedded into the leather. By contrast, 
the previously approved definition of specialty leather (with less 
stringent VOC content limits) specifies leather with over 25% by weight 
grease, wax, and oils. Dress or performance shoe leather is finished 
with coating materials containing water emulsified materials using 
water miscible solvent materials and is used primarily for the 
manufacture of sewn shoes where the leather must be capable of soaking 
with a fine, dressy finish. Also, the 10-ton exemption for stain 
pursuant to Section 218.926(b)(2)(i) does not apply to the specialty 
leathers covered by Section 218.929.
    Section 218.929 (b) provides numeric limitations on emissions of 
the specialty leather products described above and in Section 218.929 
(a). They are 14 lbs. VOC/1000 square feet for non-water resistant 
leathers; 24 lbs. VOC/1000

[[Page 29448]]

square feet for water resistant leather; and a total annual VOC 
emission limit of 20 tons. The leather will be designated as water 
resistant or non-water resistant by using ASTM D 2099-00, which is 
incorporated by reference in Section 218.112 of Part 218.
    Section 218.929 (c) requires that Horween comply with its approved 
standard operating and maintenance procedures, which minimize the 
volatilization of solvents during the measuring and/or mixing of 
coatings, minimize VOC fugitive losses from the coating and solvent 
storage rooms, and minimize solvent usage or VOC losses during 
equipment cleanup and during transport.
    Section 218.929 (d) specifies reporting and recordkeeping 
requirements to ensure that the coating limits in section 218.929 (b) 
are met. This includes keeping records of the VOC content and gallons 
of each coating and the total pounds of VOC of all coatings applied to 
each category of leather, and the total area of each category of 
leather produced during each month.

4. What Information Did Illinois Submit in Support of This SIP?

    The Illinois EPA submitted the following information and supporting 
documentation (along with other less substantive procedural documents) 
in support of its request for an Amendment, contained in 35 Ill. Adm. 
Code 218.929, to the leather coating rules for Horween.
    (a) Horween's Petition for a site-specific rulemaking filed with 
the Illinois Pollution Control Board on February 4, 2002.
    (b) On May 17, 2002, the Illinois Pollution Control Board issued a 
notice of public hearing for June 26, 2002, in Chicago. A public 
hearing was subsequently held on that day.
    (c) Testimony by Horween in support of its petition filed with the 
Illinois Pollution Control Board on June 19, 2002.
    (d) On July 19, 2002, Horween filed post-hearing comments in which 
it successfully argued that high-volume, low-pressure (HVLP) spray 
application equipment is not feasible at its leather manufacturing 
facility.
    (d) The February 20, 2003, Opinion and Order of the Illinois 
Pollution Control Board, in which it adopted the amendments to the 
leather coating rules for Horween's Chicago leather manufacturing 
facility in 35 Ill. Adm. Code 218.929.

5. Was a Public Hearing Held?

    A public hearing was held on June 26, 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?

    Horween petitioned the Illinois Pollution Control Board for a site-
specific rule revision that would apply to a small amount of new 
specialty leathers that it would like to produce. In order to meet 
changing customer demands, to counter its loss of business since 1995, 
it must meet the requirements of its customers for different types of 
specialty-type leathers, including cementable pull up, leathers 
designed for hand-sewn shoes, and other performance leathers that were 
not considered when Illinois' existing leather coating rules were 
adopted.
    These include leathers with between 12% and 25% grease, wax and oil 
content which cannot be finished with coatings that comply with the 
generally applicable 3.5 lbs. VOC per gallon regulation (because 
coating difficulties begin to occur at a grease, wax and oils content 
of 12%) and cannot satisfy the definition of specialty leather, with 
its less stringent 38 lbs. VOC per 1000 square feet of leather 
limitation. A second group of leathers are intended for hand-sewn shoes 
with an extremely glossy, dressy look and fine, smooth finish. The top 
finish of the leather must be able to withstand ironing with high 
temperatures to give a uniform, smooth appearance, and be compatible 
with finishes used to stain and antique the shoes. Water-based finishes 
that comply with the 3.5 lbs. VOC per gallon regulation do not satisfy 
these requirements.
    In order to satisfy Horween's leather manufacturing requirements 
and to ensure that RACT coating limits are achieved, Illinois adopted 
leather coating limits which had been previously approved by EPA as 
RACT for a similar facility. In addition, the emissions from these 
coatings are limited to 20 tons of VOCs per year. These control 
requirements, therefore, satisfy RACT and are approvable.

III. Final Rulemaking Action

    For the reasons given above, EPA is approving into the Illinois VOC 
SIP a revision to the Incorporation by Reference list in 35 ILL. Adm. 
Code 218.112 and a new Section 218.929 that changes the VOC control 
requirements for coating a small amount of specialty leathers at 
Horween's leather manufacturing facility.
    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 July 23, 2004 without 
further notice unless we receive relevant adverse written comments by 
June 23, 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 July 23, 
2004.

IV. 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 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).

[[Page 29449]]

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).

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. 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 July 23, 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: April 26, 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)(170) for a site-
specific rule revision for Horween Leather Company's Chicago, Illinois 
leather manufacturing facility as follows:


Sec.  52.720  Identification of plan.

* * * * *
    (c) * * *
    (170) On May 28, 2003, Illinois submitted an amendment to its 
leather coating rules for the Horween Leather Company's Chicago leather 
manufacturing facility. This adds a test method in Section 
218.112(a)(26) and a new Section 35 Ill. Adm. Code 218.929. These 
amendments were incorporated in the Illinois Pollution Control Board's 
February 20, 2003, Final Order R02-20.
    (i) Incorporation by reference. Illinois Administrative Code Title 
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: 
Pollution Control Board, Subchapter c: Emissions Standards and 
Limitations for Stationary Sources, Part 218 Organic Material Emission 
Standards and Limitations for the Chicago Area.
    (A) Subpart A: General Provisions, Section 218.112 Incorporations 
by Reference, (a) American Society for Testing and Materials, 100 Barr 
Harbor Drive, West Conshohocken, PA 19428-9555, 26) ASTM D2099-00. 
Amended at 27 Ill. Reg. 7283, effective April 8, 2003.
    (B) Subpart PP: Miscellaneous Fabricated Product Manufacturing 
Processes, Section 218.929 Cementable and Dress or Performance Shoe 
Leather. Added at 27 Ill. Reg. 7283, effective April 8, 2003.

[FR Doc. 04-11557 Filed 5-21-04; 8:45 am]
BILLING CODE 6560-50-U