[Federal Register Volume 76, Number 208 (Thursday, October 27, 2011)]
[Proposed Rules]
[Pages 66663-66666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-27810]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2010-0394; FRL-9483-5]


Approval and Promulgation of Implementation Plans; Illinois; 
Consumer Products and AIM Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve Illinois' volatile organic 
compound (VOC) emission limits for consumer products and architectural 
and industrial maintenance (AIM) coatings and incorporate this new rule 
into the State Implementation Plan (SIP) for the State of Illinois. 
However, there are four specific paragraphs in this rule with 
deficiencies that EPA is proposing to conditionally approve, based on a 
State commitment to address the deficiencies no later than one year 
from the date of EPA's conditional approval.

DATES: Comments must be received on or before November 28, 2011.

ADDRESSES: Submit comments, identified by Docket ID No. EPA-R05-OAR-
2010-0394, 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) 886-4447.
    4. Mail: Pamela Blakley, Chief, Control Strategies Section, (AR-
18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, 
Chicago, Illinois 60604.

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    5. Hand Delivery: Pamela Blakley, Chief, Control Strategies 
Section, (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-
2010-0394. 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. 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 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 Anthony Maietta at (312) 353-
8777 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Anthony Maietta, Environmental 
Protection Specialist, Control Strategies Section, Air Programs Branch 
(AR-18J), U.S. Environmental Protection Agency, Region 5, 77 West 
Jackson Boulevard, Chicago, Illinois 60604, (312) 353-8777, or 
[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. Background
III. Conditions for Approval
IV. What sources are affected by this proposed action?
V. What is EPA's proposed action?
VI. 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 
information (subject heading, Federal Register date, and page number).
    2. Follow directions--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. Background

    Consumer products are a wide array of sprays, gels, cleaners, 
adhesives, and other chemically formulated products that are purchased 
for personal or institutional use and that emit VOC through their use, 
consumption, storage, disposal, destruction, or decomposition. AIM 
coatings are paints, varnishes, and other similar coatings that are 
meant for use on external surfaces of buildings or other outside 
structures and that emit VOC through similar means to consumer 
products.
    On April 7, 2010, the Illinois Environmental Protection Agency 
(Illinois EPA) submitted to EPA a request to approve into the Illinois 
SIP Part 223, ``Standards and Limitations for Organic material 
Emissions for Area Sources'' of Title 35 of the IAC (35 IAC 223). The 
purpose of the rule is to limit VOC emissions by requiring reductions 
in the VOC content of consumer products and AIM coatings. 35 IAC 223 
consists of 34 new chapters, and is divided into three subparts (a 
subpart for general provisions and one subpart each for consumer 
products and AIM coatings rules). Part 223 includes the following 
components for control of VOC from consumer products and AIM coatings:
    (1) VOC emissions limits, reporting requirements, and labeling 
requirements for consumer products and AIM coatings sold, supplied, 
offered for sale, or manufactured in Illinois.
    (2) Specific limitations for the sale, supply, offered for sale, 
use, or manufacture for sale of aerosol adhesives, floor wax strippers, 
products containing ozone-depleting compounds, and charcoal lighter 
material.
    (3) Test methods for determining compliance with these rules and 
for determining specific aspects of affected products or coatings.
    (4) Alternative compliance plans for any manufacturer of consumer 
products that has been granted an alternative compliance plan agreement 
by the California Air Resources Board (CARB).
    (5) A special analysis method for Methacrylate Traffic Marking 
Coatings.
    (6) Special recordkeeping requirements for consumer products that 
contain perchloroethylene or methylene chloride.
    (7) Additional labeling requirements for aerosol adhesives, 
adhesive removers, electronic cleaners, electrical cleaners, energized 
electrical cleaners, and contact adhesives.
    (8) Exemptions for consumer products produced for sale outside of 
Illinois, consumer products whose VOC emission limits are governed by 
other rules, and innovative consumer products as defined by CARB.
    (9) Incorporation by reference: The State is incorporating by 
reference a number of materials. These

[[Page 66665]]

incorporations by reference include test methods from the American 
Society for Testing and Materials, EPA, CARB, the Bay Area Air Quality 
Management District, and the South Coast Air Quality Management 
District to determine VOC content in a number of the product categories 
subject to limits in Illinois' new rule. Also incorporated by reference 
are EPA and the California Code of Regulations (CCR) VOC standards for 
consumer products. Illinois also incorporated by reference the CCR 
innovative products exemption and the alternate control plan. These 
incorporations by reference help persons or companies subject to 
Illinois' new 35 IAC Part 223 to comply with the VOC limits contained 
therein.
    The rules that Illinois adopted and submitted to EPA for approval 
are based on existing CARB regulations and model rules developed by the 
Ozone Transport Commission (OTC) for consumer products and AIM 
coatings. The OTC has developed model rules for several consumer 
products and AIM coatings VOC source categories which OTC member states 
(Illinois is not an OTC member state) have signed a memorandum of 
understanding to adopt. For consumer products, the CARB regulations and 
OTC model rule that Illinois based their rule on are at least as 
stringent, and in some cases more stringent than, EPA's national 
consumer products rule, ``National Volatile Organic Compound Emission 
Standards for Consumer Products,'' 40 CFR Part 59, Subpart C. For AIM 
coatings, the OTC model rule that Illinois' rule is based upon is also 
at least as stringent, and in some cases more stringent than, EPA's AIM 
coatings rule, ``National Volatile Organic Compound Emission Standards 
for Architectural Coatings,'' at 40 CFR Part 59 Subpart D.

III. Conditions for Approval

    A rule-by-rule review of Illinois' submittal showed that four 
paragraphs contained errors. Paragraph (6)(A) of 35 IAC 223.205 
erroneously provides two high-volatility organic material limits for 
aerosol-based antiperspirants when there should be both a high- and 
medium-volatility limit for this category based on the OTC model rule. 
Paragraph (6)(B) of 35 IAC 223.205 erroneously provides two medium-
volatility organic material limits for non aerosol-based 
antiperspirants when there should be both a high- and medium-volatility 
limit for this category based on the OTC model rule.
    Paragraph (17)(A) of 35 IAC 223.205 erroneously provides two high-
volatility organic material limits for aerosol-based deodorants when 
there should be both a high- and medium-volatility limit for this 
category based on the OTC model rule. Paragraph (17)(B) of 35 IAC 
223.205 erroneously provides two medium-volatility organic material 
limits for non aerosol-based deodorants when there should be both a 
high- and medium-volatility limit for this category based on the OTC 
model rule.
    On September 2, 2011, Illinois sent EPA a letter committing to 
amend these paragraphs to display the correct limits and limit 
categories and submit revised rules to EPA within one year of our final 
rulemaking. Under section 110(k)(4) of the CAA, EPA may conditionally 
approve a portion of a SIP revision based on a commitment from a state 
to adopt specific enforceable measures by a date certain that is no 
more than one year from the date of conditional approval. In this 
action, we are proposing to approve a portion of the SIP revision that 
Illinois has submitted on the condition that the specified deficiencies 
in the SIP revision are corrected as discussed in Illinois' September 
2, 2011, letter. If this condition is not fulfilled within one year of 
the effective date of final rulemaking, the conditional approval will 
automatically revert to disapproval, as of the deadline for meeting the 
conditions, without further action from EPA. EPA would subsequently 
publish a notice in the Federal Register informing the public of a 
disapproval. If Illinois submits final and effective rule revisions 
correcting the deficiencies, as discussed above, within one year from 
this conditional approval becoming final and effective, EPA will 
publish a subsequent notice in the Federal Register to acknowledge 
conversion of the conditional approval to a full approval.

IV. What sources are affected by this proposed action?

    Anyone who sells, supplies, offers for sale, or manufactures 
consumer products and AIM coatings in Illinois is affected by this 
proposed action. Because of the wide adoption of OTC model rules for 
consumer products and AIM coatings by California, OTC states, and other 
Midwestern states, Illinois expects that some of the reductions from 
adoption of these rules have already been realized. This is because of 
existing nationwide compliance with the OTC model rules by many of the 
largest manufacturers of these products. However, because so many 
states have adopted these rules, and many major manufacturers already 
comply with these rules, the burden on affected sources will be minor. 
EPA agrees with Illinois' view.
    Illinois held two public hearings on its proposed rule, took public 
comment on the proposed rule and also contacted approximately 600 
entities listed as potentially affected by the rules to provide these 
sources an opportunity for comment on the proposed rule. While very few 
of the potentially affected entities responded, it is clear that 
Illinois made an effort to inform them of the proposed rules.

IV. What is EPA's proposed action?

    We propose to conditionally approve paragraphs (6)(A), (6)(B), 
(17)(A), and (17)(B) of 35 IAC 223.205, based on a commitment from the 
State sent on September 2, 2011 to correct this rule within one year of 
our final rulemaking. If the State fails to make this correction within 
the allowed one year period as discussed above, this conditional 
approval will revert to disapproval.
    We propose to approve and incorporate in to the Illinois SIP the 
rest of the State's April 7, 2010, submittal, that is, the remainder of 
35 IAC Part 223, because VOC limits in these rules are at least as 
stringent as, and in many cases are more stringent than, EPA's existing 
limits for these sources. Therefore, approval of these rules will 
strengthen the Illinois SIP.

VI. 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

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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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Volatile organic 
compounds.

    Dated: October 18, 2011.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2011-27810 Filed 10-26-11; 8:45 am]
BILLING CODE 6560-50-P