[Federal Register Volume 75, Number 212 (Wednesday, November 3, 2010)]
[Rules and Regulations]
[Pages 67623-67625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-27636]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2009-0665; FRL-9212-8]


Approval and Promulgation of Air Quality Implementation Plans; 
Illinois; Volatile Organic Compound Site-Specific State Implementation 
Plan for Abbott Laboratories

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving into the Illinois State Implementation Plan 
(SIP) amendments to Illinois' manufacturing rules. On July 17, 2009, 
the Illinois Environmental Protection Agency (Illinois EPA) submitted 
amendments to its pharmaceutical manufacturing rules for approval into 
its SIP. These amendments consist of a site-specific rulemaking for 
certain of Abbott Laboratories' (Abbott) tunnel dryers and fluid bed 
dryers. This site-specific rule revision is approvable because it 
lowers the allowable emissions from these dryers and it is consistent 
with the Clean Air Act (CAA) and EPA regulations. EPA proposed these 
rules for approval on July 14, 2010, and received no comments.

DATES: This final rule is effective on December 3, 2010.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Nos. EPA-R05-OAR-2009-0665. All documents in the docket are listed on 
the http://www.regulations.gov Web site. Although listed in the index, 
some information is not publicly available, i.e., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the Internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available either 
electronically through http://www.regulations.gov or in hard copy at 
the Environmental Protection Agency, Region 5, Air and Radiation 
Division, 77 West Jackson Boulevard,

[[Page 67624]]

Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding Federal holidays. We recommend 
that you telephone Steven Rosenthal, Environmental Engineer, at (312) 
886-6052 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Steven Rosenthal, Environmental 
Engineer, Attainment Planning and Maintenance Section, Air Programs 
Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West 
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6052.

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

I. What public comments were received on the proposed approval and 
what is EPA's response?
II. What action is EPA taking today and what is the purpose of this 
action?
III. Statutory and Executive Order Reviews.

I. What public comments were received on the proposed approval and what 
is EPA's response?

    EPA's July 14, 2010, proposed action at 75 FR 40760 provided a 30-
day public comment period. We did not receive any comments on the 
proposed action.

II. What action is EPA taking today and what is the purpose of this 
action?

    EPA is approving revisions to Illinois' pharmaceutical 
manufacturing rule for three of Abbott's fluid bed dryers and four of 
its tunnel dryers. Specifically, EPA is approving amendments to 35 Ill. 
Adm. Code 218.480 adopted August 21, 2008, and effective August 26, 
2008. Each of the three fluid bed dryers previously had a five tons 
volatile organic compound (VOC) per year applicability cutoff and each 
of the four tunnel dryers had a 7.5 tons VOC per year applicability 
cutoff. This rule revision replaces these individual cutoffs with an 
overall combined cutoff for all seven dryers of 20.6 tons VOC per year.
    In EPA's July 14, 2010, proposal (75 FR 40760), we present a 
detailed legal and technical analysis of the State's submission. The 
reader is referred to that notice for additional background on the 
submission and the bases for EPA's approval.

III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA 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 CAA. 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.);
     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 CAA; 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by January 3, 2011. 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, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: October 1, 2010.
Susan Hedman,
Regional Administrator, Region 5.

0
40 CFR 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.

Subpart O--Illinois

0
2. Section 52.720 is amended by adding paragraph (c)(186), to read as 
follows:


Sec.  52.720  Identification of plan.

* * * * *
    (c) * * *
    (186) On July 17, 2009, Illinois submitted amendments to its 
pharmaceutical manufacturing rules for approval into its state 
implementation plan. These amendments consist of a site-specific 
rulemaking for certain of Abbott Laboratories' (Abbott) tunnel dryers 
and fluid bed dryers.
    (i) Incorporation by reference.
    (A) Illinois Administrative Code, Title 35: Environmental 
Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control 
Board, Subchapter c: Emission

[[Page 67625]]

Standards and Limitations for Stationary Sources, Part 218: Organic 
Material Emission Standards and Limitations for the Chicago Area, 
Subpart T: Pharmaceutical Manufacturing, Section: 218.480 
Applicability, effective August 26, 2008.
    (ii) Additional material.
    (A) Letter from Laurel L. Kroack, Illinois Environmental Protection 
Agency, to Cheryl Newton, EPA, dated May 12, 2010, with attachments, 
that establishes how compliance with Abbott's 20.6 tons VOC per year 
limit is determined as well as Abbott's recordkeeping requirements.

[FR Doc. 2010-27636 Filed 11-2-10; 8:45 am]
BILLING CODE 6560-50-P