[Federal Register Volume 73, Number 210 (Wednesday, October 29, 2008)]
[Rules and Regulations]
[Pages 64213-64215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25657]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2008-0198; FRL-8722-9]


Approval and Promulgation of Air Quality Implementation Plans; 
Illinois

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a request submitted by the Illinois 
Environmental Protection Agency (IEPA) on January 24, 2008, to revise 
the Illinois State Implementation Plan (SIP) for volatile organic 
compounds (VOC). The approval revises the Illinois SIP by updating 
information regarding the packaging production facility of Cromwell-
Phoenix, Incorporated, located in Alsip, Illinois. It acknowledges that 
the source has changed its name from Cromwell-Phoenix, Incorporated, to 
CP-D Acquisition Company, LLC, as a consequence of a change in 
ownership. The revision does not change any of the VOC control 
requirements and will not increase VOC emissions because no emission 
limits were increased.

DATES: This rule is effective on December 29, 2008, unless EPA receives 
adverse written comments by November 28, 2008. If EPA receives adverse 
comments, 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: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2008-0198 by one of the following methods:
     http://www.regulations.gov: Follow the online instructions 
for submitting comments.
     E-mail: [email protected].
     Fax: (312) 886-5824.
     Mail: John Mooney, Chief, Criteria Pollutant Section, Air 
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West 
Jackson Boulevard, Chicago, Illinois 60604.
     Hand Delivery: John Mooney, Chief, Criteria Pollutant 
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection 
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such 
deliveries are only accepted during the Regional Office normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information. The Regional Office 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. EPA-R05-OAR-
2008-0198. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless

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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 http://www.regulations.gov or e-mail. The 
http://www.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 http://www.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.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at the Environmental 
Protection Agency, Region 5, Air and Radiation Division, 77 West 
Jackson Boulevard, Chicago, Illinois 60604. This Facility is open from 
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. We recommend that you telephone Charles Hatten, Environmental 
Engineer, at (312) 886-6031 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Charles Hatten, Environmental 
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-6031, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. General Information
    A. Does this action apply to me?
II. What revision did the State request be incorporated into the 
SIP?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. General Information

A. Does this action apply to me?

    This action only applies to the CP-D Acquisition Company, LLC, 
packaging production facility located in Alsip, Illinois (Cook County).

II. What revision did the State request be incorporated into the SIP?

    The State has requested that EPA approve as a revision to the 
Illinois SIP the change in the source name from Cromwell-Phoenix, Inc. 
(Cromwell), to CP-D Acquisition Company, LLC (CP-D Acquisition).

Background

    On September 18, 2003, the Opinion and Order of the Illinois 
Pollution Control Board (IPCB), AS 03-05, adopted the amendments to the 
paper coating rules in 35 Illinois Administrative Code (IAC) 218.204(c) 
for Cromwell's Alsip packaging production facility, subject to 
conditions and alternate requirements for this facility. The IEPA held 
a public hearing on this SIP amendment on August 7, 2003.
    At the time the IPCB issued this Order, Cromwell was going through 
a name change. On November 7, 2003, Cromwell and CP-D Acquisition filed 
a joint motion to re-open Opinion and Order, AS 03-05, which granted 
Cromwell an adjusted standard from 35 IAC 218.204(c). Because the 
assets and ownership would not change, the IPCB re-opened the docket to 
re-issue the Opinion and Order, AS 03-05, granting the adjusted 
standard in the name of CP-D Acquisition. Therefore, under the Opinion 
and Order, AS 03-05, adopted on November 20, 2003, the IPCB transferred 
all of the requirements applicable to the operating assets of Cromwell 
to CP-D Acquisition. The revision does not change any of the control 
requirements and will not increase VOC emissions because no emission 
limits were increased relative to the adjusted standard approved by the 
EPA on December 13, 2007, and relative to other applicable VOC emission 
limits contained in the Illinois SIP. See 72 FR 70804, dated December 
13, 2007.
    The revision to the Illinois SIP is solely an administrative change 
to reference the new name of the packaging production facility from 
Cromwell to CP-D Acquisition Company, LLC.

III. What action is EPA taking?

    We are approving a revision to the Illinois SIP to change the 
source name of the packaging production facility from Cromwell-Phoenix, 
Incorporated, to CP-D Acquisition Company, LLC.
    We are 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 
written comments are filed. This rule will be effective December 29, 
2008 without further notice unless we receive relevant adverse written 
comments by November 28, 2008. 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 December 29, 2008.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);

[[Page 64215]]

     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    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 action 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 December 29, 2008. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Reporting and recordkeeping requirements, Sulfur 
oxides, Volatile organic compounds.

    Dated: September 16, 2008.
Walter W. Kovalick, Jr,
Acting Regional Administrator, Region 5.

0
For the reasons stated in the preamble, part 52, chapter I, of title 40 
of the Code of Federal Regulations 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.

Subpart O--Illinois

0
2. Section 52.720 is amended by adding paragraph (c)(183) to read as 
follows:


Sec.  52.720  Identification of plan.

* * * * *
    (c) * * *
    (183) On January 24, 2008, the Illinois Environmental Protection 
Agency submitted a revision to its state implementation plan for the 
packaging production facility of CP-D Acquisition Company, LLC. The 
revision changes the source name from Cromwell-Phoenix, Incorporated, 
to CP-D Acquisition Company, LLC.
    (i) Incorporation by reference.
    (A) November 20, 2003, Supplemental Opinion and Order of the 
Illinois Pollution Control Board, AS 03-05, effective November 20, 
2003.

[FR Doc. E8-25657 Filed 10-28-08; 8:45 am]
BILLING CODE 6560-50-P