[Federal Register Volume 76, Number 123 (Monday, June 27, 2011)]
[Rules and Regulations]
[Pages 37272-37274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-15866]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2010-0973; FRL-9319-2]


Approval and Promulgation of Air Quality Implementation Plans; 
Illinois; Royal Fiberglass Pools, Inc. Adjusted Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving into the Illinois State Implementation Plan 
(SIP) an adjusted standard for Royal Fiberglass Pools (``Royal'') at 
its Dix, Illinois facility. On November 8, 2010, the Illinois 
Environmental Protection Agency (IEPA) submitted to EPA for approval an 
adjustment to the general rule, Use of Organic Material Rule, commonly 
known as the eight pound per hour (8 lb/hr) rule, as it applies to 
emissions of volatile organic matter (VOM) from Royal's pool 
manufacturing facility. The adjusted standard relieves Royal from being 
subject to the general rule for VOM emissions from its Dix facility. 
EPA is approving this SIP revision because it will not interfere with 
attainment or maintenance of the ozone National Ambient Air Quality 
Standard (NAAQS).

DATES: This direct final rule will be effective August 26, 2011, unless 
EPA receives adverse comments by July 27, 2011. If adverse comments are 
received, EPA will publish a timely withdrawal of the direct final rule 
in the Federal Register informing the public that the rule will not 
take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2010-0973, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-mail: [email protected].
    3. Fax: (312) 408-2279.
    4. Mail: Doug Aburano, Chief, Control Strategies Section, Air 
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West 
Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Doug Aburano, Chief, Control Strategies 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-
2010-0973. 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 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 Federal 
holidays. We recommend that you telephone Carolyn Persoon, 
Environmental Engineer, at (312) 353-8290, before visiting the Region 5 
office.

FOR FURTHER INFORMATION CONTACT: Carolyn Persoon, Environmental 
Engineer, Control Strategies Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 353-8290, [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. What should I consider as I prepare my comments for EPA?
II. What is EPA's analysis of Royal's adjusted standard?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. What should I consider as I prepare my comments for EPA?

    When submitting comments, remember to:
    1. Identify the rulemaking by docket number and other identifying

[[Page 37273]]

information (subject heading, Federal Register date and page number).
    2. Follow directions--The EPA may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    3. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    4. Describe any assumptions and provide any technical information 
and/or data that you used.
    5. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    6. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    7. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    8. Make sure to submit your comments by the comment period deadline 
identified.

II. What is EPA's analysis of Royal's adjusted standard?

Background of the 8 lb/hr Rule and the Adjusted Standard

    EPA approved the VOM general 8 lb/hr rule into the Illinois SIP on 
February 21, 1980 (45 FR 11472). The rule states that ``no person shall 
cause or allow the discharge of more than 3.6 kg/hr (8 lb/hr) of 
organic material into the atmosphere from any emission source * * *.'' 
The basis for this rule is prevention of ground-level ozone formation 
in order to meet the ozone NAAQS.
    Royal filed a petition for an adjusted standard on April 3, 2009, 
in accordance with section 28.1 of the Illinois Environmental 
Protection Act, 415 ILCS 5/28.1, and Illinois' regulations at 35 Ill. 
Adm. Code section 215. Section 28.1 sets out the factors that a 
petitioner must demonstrate to justify an adjusted standard. Royal 
filed the petition describing the factors relating to its Dix facility 
that are substantially and significantly different from the factors 
relied on in adopting the general rule, specifically that the general 
rule did not take into account the specific operations needed to make 
composite fiberglass pools. Royal also provided an air quality impact 
analysis to support its petition. On October 28, 2009, the Illinois 
Pollution Control Board (IPCB) held a public hearing on the petition in 
Mt. Vernon, Illinois where testimony was given to support Royal's 
petition. A final order by the IPCB granted Royal an adjusted standard 
on February 18, 2010. Among other things, the IPCB found that granting 
the adjusted standard would not result in an adverse impact on air 
quality in terms of exceeding the ozone NAAQS. The IPCB limited 
applicability of the adjusted standard to the swimming pool 
manufacturing emissions units existing as of August 20, 2009 at the Dix 
facility.

Analysis of SIP Revision for the Adjusted Standard

    EPA's approval is based on consideration of whether the adjusted 
standard meets the requirements of section 110(l) of the Clean Air Act 
(CAA), 42 U.S.C. 4202(l). In particular, EPA considered whether 
exempting Royal's Dix facility from compliance with 35 Ill. Adm. Code 
215.301 will impact Illinois' ability to attain and maintain the ozone 
NAAQS in the area in which the facility is located.
    Under CAA section 110(l) the state must show that the SIP revision 
will not interfere with attainment and maintenance of both existing 
eight-hour ozone standards, which would be 75 parts per billion (ppb) 
promulgated in 2008 and the 84 ppb promulgated in 1997.\1\ Based on the 
record presented to the IPCB, Royal provided evidence to IEPA after a 
2006 notice of violation that Royal could not comply with the 8 lb/hour 
rule. After reviewing the evidence, IEPA agreed that Royal should file 
a petition for an adjusted standard. The monitor closest to Royal's Dix 
facility is located in Hamilton County, Illinois. This monitor has been 
and currently is attaining the eight-hour ozone standards with design 
values of 68 ppb for 2007-2009 and 68 ppb for 2008-2010 using 
preliminary quality assured (but not yet certified) data from 2010. See 
EPA's Web site on design values for ozone at http://www.epa.gov/airtrends/values.html. Thus, Royal's facility in Dix, Illinois has not 
been interfering with attainment of the standard at its current 
production rate.
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    \1\ EPA has not yet designated areas for the 2008 eight-hour 
ozone standard.
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    To support its petition, Royal did a conservative analysis of 
emissions to determine an approximate ozone contribution that would 
result from it operating at the maximum capacity which Royal is allowed 
in its approved Title V permit. When adding this potential contribution 
to the existing monitored data both the 75 and 84 ppb ozone standards 
are still maintained even at the facility's maximum capacity.
    Although Royal is not required to comply with the 8 lb/hour rule, 
Royal is required to operate its facility in compliance with Federal 
regulations of reinforced composite manufacturing facilities set forth 
at 40 CFR part 63 subpart WWWW, which requires certain operational 
practices, recordkeeping, and emission limits for VOM. The emissions of 
styrene from Royal's Dix facility are from three different types of 
operations: (1) Open molding, corrosion resistant and/or high strength 
resin applied by non-atomized spray, (2) open molding, corrosion 
resistant and/or high strength resin manually applied, and (3) open 
molding, resistant and/or high strength gel-coat. The Federal Maximum 
Achievable Control Technology (MACT) requires emission limits on all of 
these processes of 113 pounds of styrene per ton of material (lb/ton), 
123 lb/ton, and 605 lb/ton, respectively. These emission limits are 
enforceable VOM limits for the Dix Facility.

III. What action is EPA taking?

    EPA is approving into the Illinois SIP an adjusted standard of the 
8 lb/hr general rule for VOM for Royal. The adjusted standard removes 
the 8 lb/hr VOM limit for Royal's fiberglass facility in Dix, Illinois 
in the SIP, and the Royal facility at Dix, Illinois is no longer 
subject to this rule as it applies to VOM emissions. The adjusted 
standard is approvable, since under worst case conditions it is not 
interfering with attaining or maintaining the 75 and 84 ppb ozone 
standards as prescribed by section 110(l) of the CAA.
    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 amendment if relevant 
adverse written comments are filed. This rule will be effective August 
26, 2011 without further notice unless we receive relevant adverse 
written comments by July 27, 2011. 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. Please note that if EPA receives adverse 
comment on an amendment, paragraph, or section of this rule and if that 
provision may be severed from the remainder of the rule, EPA may adopt 
as final those provisions of the rule that are not the subject of an 
adverse comment. If we do not receive

[[Page 37274]]

any comments, this action will be effective August 26, 2011.

IV. 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. 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 August 26, 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. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. 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 3, 2011.
Susan Hedman,
Regional Administrator, Region 5.

    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)(188) to read as 
follows:


Sec.  52.720  Identification of plan.

* * * * *
    (c) * * *
    (188) On November 8, 2010, the Illinois Environmental Protection 
Agency submitted a revision to its state implementation plan. The 
revision to the SIP allows an adjusted standard to the general rule, 
Use of Organic Material Rule, known as the eight pound per hour (8 lb/
hr) rule, for volatile organic matter, for Royal Fiberglass Pools, Inc. 
manufacturing facility located in Dix, Illinois. The adjusted standard 
is that 35 Ill. Adm. Code 217.301 does not apply to VOM emissions from 
Royal's Dix, Illinois facility. The facility is subject to emission 
limit requirements set forth in the MACT under 40 CFR 63 subpart WWWW 
finalized in 68 FR 19402, April 21, 2003.
    (i) Incorporation by reference. (A) February 18, 2010, Opinion and 
Order of the Illinois Pollution Control Board, AS-09-04, effective 
February 18, 2010.

[FR Doc. 2011-15866 Filed 6-24-11; 8:45 am]
BILLING CODE 6560-50-P