[Federal Register Volume 78, Number 76 (Friday, April 19, 2013)]
[Rules and Regulations]
[Pages 23495-23497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08948]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2012-0073; FRL-9790-4]


Approval and Promulgation of Air Quality Implementation Plans; 
Illinois; Small Container Exemption from VOC Coating Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a revision to the Illinois State 
Implementation plan (SIP) submitted by the Illinois Environmental 
Protection Agency (Illinois EPA) on November 14, 2011. This SIP 
revision consists of amendments to the Illinois Administrative Code 
(Ill. Adm. Code) by adding a ``small container exemption'' for pleasure 
craft surface coating operations in the Chicago and Metro-East St. 
Louis 8-hour ozone nonattainment areas. These exemptions are approvable 
because they are consistent with EPA volatile organic compound (VOC) 
reasonably available control technology (RACT) policy.

DATES: This final rule is effective on May 20, 2013.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2012-0073. All documents in the docket are listed on 
the www.regulations.gov Web site. Although listed in the index, some 
information may not be 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 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 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?
III. Statutory and Executive Order Reviews

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

    A comment was submitted on April 16, 2012, by a Kentucky resident. 
As a result of this comment, the direct final approval published on 
April 16, 2012, (77 FR 22497) was withdrawn. His comment is that EPA 
should determine, pursuant to Clean Air Act (CAA) section 110(l), what 
impact this exemption will have on St. Louis and Chicago attaining the 
2008 National Ambient Air Quality Standard (NAAQS) as soon as

[[Page 23496]]

practicable before EPA can approve this revision.

EPA Response

    As stated in the direct final approval, and included here as 
background to EPA's response, EPA previously approved sections 
218.208(c) and 219.208(c) which specify that Illinois' surface coating 
VOC emission limitations shall not apply to touch-up and repair 
coatings used by a can, coil, vinyl, metal furniture and magnet wire 
coating operation, provided that the source-wide volume of such 
coatings used does not exceed 1 quart per 8-hour period or exceed 55 
gallons/year for any rolling 12 month period. (61 FR 5511 on February 
13, 1996). The SIP revision which is the subject of this action extends 
the exemption in 218.208(c) and 219.208(c) to the pleasure craft 
surface coating limits set out in sections 218.204(q)(5) and 
219.204(q)(5). Illinois' SIP revision also amends 35 Ill. Adm. Code 
218.208(e) and 219.208(e), the recordkeeping and reporting provisions, 
to add pleasure craft coating operations that are exempted from the 
limitations in 218.204(q) and 219.204(q) to the coating operations 
subject to recordkeeping requirements. Sections 218.208(e) and 
219.208(e) contain sufficient recordkeeping requirements to establish 
whether these exemptions have been exceeded.
    In 2010 and 2011 Illinois promulgated rules on VOC RACT emission 
limitations for coating operations (See November 30, 2011 proposed 
approval at 76 FR 74014). During that rulemaking, the American Coatings 
Association (ACA) commented to Illinois EPA that many VOC coating 
regulations include a small container exemption not to exceed a liter 
or a quart. The ACA stated that the basis for these exemptions is to 
allow for small repairs and touch ups to existing coatings at the end 
of the painting line to avoid having to completely recoat the product, 
thus resulting in lower VOC emissions overall from pleasure craft 
coating operations.
    In direct response to the comment, EPA has determined that this 
exemption will not interfere with St. Louis and Chicago attaining the 
2008 ozone NAAQS for the following reasons:
    (1) Illinois EPA is not aware of any subject sources in the Chicago 
and Metro East (St. Louis) 2008 ozone nonattainment areas.
    (2) One quart of touch up coating per day (55 gallons per year) is 
a de minimis amount.
    (3) The exemption is consistent with Illinois RACT rules for 
similar coating operations, including can, coil, vinyl, metal 
furniture, and magnet wire coatings.
    (4) Illinois EPA and ACA agree that the exemption may reduce VOC 
emissions by encouraging repairs and touch ups, as opposed to 
performing complete re-coats.

II. What action is EPA taking

    EPA is approving the State's request to add a ``small container 
exemption'' for pleasure craft surface coating operations in the 
Chicago and Metro-East St. Louis 8-hour ozone nonattainment areas for 
the reasons stated above.

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 June 18, 2013. 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, Volatile organic compounds.

    Dated: March 4, 2013.
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.


[[Page 23497]]



0
2. Sec.  52.720 is amended by adding paragraph (c)(194) to read as 
follows:


Sec.  52.720  Identification of plan.

* * * * *
    (c) * * *
    (194) On November 14, 2011, the Illinois Environmental Protection 
Agency (Illinois EPA) submitted amendments to 35 Illinois 
Administrative Code 218.208 and 219.208. These sections add a ``small 
container exemption'' for pleasure craft surface coating operations in 
the Chicago and Metro-East St. Louis 8-hour ozone nonattainment areas. 
These exemptions are consistent with EPA volatile organic compound 
(VOC) reasonably available control technology (RACT) policy.
    (i) Incorporation by reference. The following sections of Illinois 
Administrative Code, Title 35: Environmental Protection, Subtitle B: 
Air Pollution, Chapter 1: Pollution Control Board, Subchapter c: 
Emission Standards and Limitations for Stationary Sources, are 
incorporated by reference.
    (A) Part 218: Organic Material Emission Standards and Limitations 
for the Chicago Area, Subpart F: Coating Operations, Section 218.208 
Exemptions From Emission Limitations; effective October 25, 2011.
    (B) Part 219: Organic Material Emission Standards and Limitations 
for the Metro East Area, Subpart F: Coating Operations, Section 219.208 
Exemptions From Emission Limitations; effective October 25, 2011.

[FR Doc. 2013-08948 Filed 4-18-13; 8:45 am]
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