[Federal Register Volume 69, Number 144 (Wednesday, July 28, 2004)]
[Rules and Regulations]
[Pages 44967-44970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17165]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IL223-1a; FRL-7784-6]


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 
Argonne National Laboratory's (Argonne) degreasing operations. Argonne 
is a United States government-owned research and development facility 
in Argonne, DuPage County, Illinois. By its submittal dated March 11, 
2004, the Illinois Environmental Protection Agency (Illinois EPA) 
requested that EPA approve an Adjusted Standard, from Illinois' cold 
cleaning regulations, for Argonne's solvent cleaning operations because 
its research activities require sample surface areas to be completely 
free of any residual contamination, necessitating the use of cleaning 
solvents that exceed the vapor pressure limitations of Illinois' cold 
cleaning regulations. EPA is approving this adjusted standard because 
there are

[[Page 44968]]

no feasible alternatives for the preparation of sample materials and 
associated apparatus used for research and development at Argonne's 
DuPage facility and also because no more than one ton per year of 
solvents are used for cold cleaning. The rationale for the approval and 
other information are provided in this rulemaking action.

DATES: This ``direct final'' rule is effective September 27, 2004, 
unless EPA receives written adverse comment by August 27, 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. IL223 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, 
Air Programs Branch (AR-18J), Environmental Protection Agency, 77 West 
Jackson Boulevard, Chicago, Illinois 60604.
    Hand delivery: Deliver your comments to: J. Elmer Bortzer, 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 
official hours of 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. IL223. 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 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 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 Unit 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 Federal 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 Operations Are Covered by 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?

    This action only applies to the Argonne National Laboratory.

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 a site-specific revision to the 
Illinois VOC SIP for Argonne's (a United States government-owned 
research and development facility in DuPage County, Illinois) 
degreasing operations. Specifically, EPA is approving an Adjusted 
Standard from 35 Ill. Adm. Code 218.182 (Illinois' cold cleaning 
degreasing regulations) for Argonne's solvent cleaning operations. 
Pursuant to this adjusted standard, the applicable vapor pressure and 
other associated requirements of 35 Ill. Code 218.182 do not apply to 
cold cleaning involving the preparation of sample materials and 
associated apparatus used for research and development testing and 
analysis at Argonne. These revised requirements were adopted in the 
Illinois Pollution Control Board's December 18, 2003, Adjusted Standard 
AS 03-4.

2. Why Is EPA Taking This Action?

    The use of organic solvents that do not meet the cold cleaning 
vapor pressure requirements, in Section 218.182, is necessary for cold 
cleaning activities at Argonne involving the

[[Page 44969]]

preparation of sample materials and associated apparatus for testing 
and analysis and, typically, the cold cleaning performed at the 
facility is not done in a conventional cold cleaning degreasing system. 
The nature of VOCs with higher vapor pressures (the ability to 
evaporate quickly) is the characteristic needed to perform acceptable 
cleaning activities in certain research applications, and the use of a 
wiping technique would result in unacceptable residues on the item to 
be cleaned.
    The amount of solvents used for cold cleaning is relatively small 
and is not expected to exceed 2000 lbs/year. Also, cold cleaning 
performed at Argonne is different from typical cold cleaning 
operations. It does not use typical cold cleaning apparatus, and uses 
milliliters, rather than gallons, of solvents, and laboratory beakers 
rather than a sink.
    In summary, acceptable cleaning solvents are unavailable for 
Argonne's research applications and the total increase in emissions is 
relatively minor.

3. What Operations Are Covered by the Adjusted Standard?

    Pursuant to this adjusted standard, the applicable vapor pressure 
and other requirements of Illinois' cold cleaning regulation do not 
apply to cold cleaning involving the preparation of sample materials 
and associated apparatus used for research and development testing and 
analysis activities conducted at Argonne. The research and development 
related cleaning activities include washing and rinsing slides, drying 
glassware, sample preparation, specimen cleaning, gel stain/destaining, 
membrane rinsing, and the cleaning of small parts and equipment 
associated with the preparation of sample materials for testing and 
analysis. The requirements of the adjusted standard do not apply where 
solvents meeting the vapor pressure limits of 35 Ill. Adm. Code 218.182 
can be used without subsequently adversely affecting the validity of 
research results.

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 Adjusted Standard for Argonne's 
solvent cleaning operations.
    (a) Argonne's Petition for an Adjusted Standard from 35 Ill. Adm. 
Code 218.182 filed with the Illinois Pollution Control Board on April 
17, 2003. This petition provides a description of its research 
activities and the nature of the cold cleaning operations performed at 
Argonne and its difficulties in adequately preparing equipment for 
certain research applications without the use of common laboratory 
solvents, such as methanol, ethanol, isopropanol, hexane, and toluene, 
all of which have vapor pressures that exceed the vapor pressure limit 
in Illinois' regulation.
    (b) Written testimony and associated documents were filed by 
Argonne with the Illinois Pollution Control Board on September 2, 2003. 
Argonne's written testimony describes the technical difficulties with 
wiping and solvents meeting the cold cleaning rule, administrative 
difficulties with the cold cleaning rule, a summary of research-related 
cold cleaning activities at Argonne and solvent usage information from 
1999-2001.
    (c) Written testimony and associated documents were filed by 
Illinois EPA with the Illinois Pollution Control Board on September 2, 
2003. Illinois EPA's testimony supported the infeasibility of Argonne 
complying with Illinois's existing cold cleaning operation and 
documented the minimal effect that this adjusted standard would have on 
ozone air quality.
    (d) The transcript of the hearing for the Adjusted Standard held on 
September 16, 2003. This transcript includes the testimony of experts 
from both Argonne and Illinois EPA which supports the merits of the 
adjusted Standard.
    (e) The December 18, 2003, Opinion and Order of the Illinois 
Pollution Control Board, which approved Argonne's Adjusted Standard 
from the cold cleaning degreasing rules in 35 Ill. Adm. Code 218.182.

5. Was a Public Hearing Held?

    A public hearing was held on September 16, 2003, in Wood Dale, 
Illinois. Both Wood Dale and Argonne are in DuPage County.

6. What Led to the SIP Revision and Why Is It Being Approved?

    Argonne petitioned for an Adjusted Standard from Illinois' cold 
cleaning rule because the vapor pressure limitations in Illinois' rule 
prevented it from using solvents that would adequately clean the 
equipment for its research applications. This rule is being approved 
because it was adequately documented that compliance with Illinois' 
cold cleaning rule would interfere with the validity of Argonne's 
research and because the adjusted standard would have only a minimal 
effect on air quality.

III. Final Rulemaking Action

    For the reasons given above, EPA is approving into the Illinois VOC 
SIP an Adjusted Standard for Argonne, from 35 Ill. Adm. Code 218.182, 
for its cold cleaning degreasing involving the preparation of sample 
materials and associated apparatus used for research and development 
testing and analysis activities conducted at Argonne. This Adjusted 
Standard (AS 03-4) was adopted by the Illinois Pollution Control Board 
on December 18, 2003.
    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 September 27, 2004 
without further notice unless we receive relevant adverse written 
comments by August 27, 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 September 27, 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

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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).

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 September 27, 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: June 18, 2004.
Norman Niedergang,
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)(173) to read as 
follows:


Sec.  52.720  Identification of plan.

* * * * *
    (c) * * *
    (173) On March 11, 2004, Illinois submitted an Adjusted Standard 
for Argonne National Laboratory's degreasing operations. Pursuant to 
this Adjusted Standard from 35 Ill. Adm. Code 218.182, the applicable 
vapor pressure and other associated requirements of 35 Ill. Code 
218.182 do not apply to cold cleaning involving the preparation of 
sample materials and associated apparatus used for research and 
development testing and analysis at Argonne. These revised requirements 
were adopted in the Illinois Pollution Control Board's December 18, 
2003, Adjusted Standard AS 03-4.
    (i) Incorporation by reference.
    (A) The Illinois Pollution Control Board's December 18, 2003, 
Opinion and Order which granted the Argonne National Laboratory's 
degreasing operations an Adjusted Standard (AS 03-4) from 35 Ill. Code 
218.182 for its cold cleaning involving the preparation of sample 
materials and associated apparatus used for research and development 
testing and analysis at Argonne.

[FR Doc. 04-17165 Filed 7-27-04; 8:45 am]
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