[Federal Register Volume 78, Number 87 (Monday, May 6, 2013)]
[Rules and Regulations]
[Pages 26258-26261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-09301]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2010-0394; EPA-R05-OAR-2012-0786; FRL-9786-2]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a revision to the Illinois State 
Implementation Plan (SIP). This approval resolves the issues raised in 
the June 7, 2012, conditional approval of Illinois' rules. EPA is also 
approving volatile organic compound (VOC) content limits and associated 
provisions for additional consumer products categories into the state's 
SIP. Finally, EPA is approving language to clarify VOC limit 
applicability for architectural and industrial maintenance (AIM) 
coatings into the Illinois SIP.

DATES: This direct final rule will be effective July 5, 2013, unless 
EPA receives adverse comments by June 5, 2013. 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 Nos. EPA-R05-
OAR-2010-0394, EPA-R05-OAR-2012-0786, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].

[[Page 26259]]

    3. Fax: (312) 692-2450.
    4. Mail: Pamela Blakley, Chief, Control Strategies Section, Air 
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West 
Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Pamela Blakley, 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-
2010-0394. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
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 www.regulations.gov or email. The 
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 email comment 
directly to EPA without going through www.regulations.gov your email 
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 
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 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, Environmental 
Protection Specialist, 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), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 353-8777, 
[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. Background
II. Contents of Illinois' Submittal
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. Background

    Consumer products encompass a wide array of sprays, gels, cleaners, 
adhesives, and other chemically formulated products that are purchased 
for personal or institutional use and that emit VOCs through their use, 
consumption, storage, disposal, destruction, or decomposition. AIM 
coatings are generally paints, varnishes, and other similar materials 
that are meant for use on external surfaces of buildings, pavements and 
other outside structures. On April 7, 2010, the Illinois Environmental 
Protection Agency (IEPA) submitted a request for EPA to approve Part 
223 of Title 35 of the Illinois Administrative Code (35 IAC Part 223), 
titled, ``Standards and limitations for Organic Material Emissions for 
Area Sources'', into the Illinois SIP. On June 7, 2012, EPA published a 
final action approving Illinois' consumer products and AIM rules into 
the State's SIP (77 FR 33659). In our June 7, 2012, rulemaking, we 
conditionally approved portions of IEPA's submittal, based upon the 
State's September 2, 2011, letter to EPA committing to correct the 
noted deficiencies by July 9, 2013. On September 14, 2012, IEPA 
submitted a revision to 35 IAC Part 223 correcting the paragraphs that 
EPA conditionally approved in our June 7, 2012, action.
    Illinois' September 14, 2012, submittal requested that EPA approve 
VOC limits for additional categories of consumer products, as well as a 
compliance deadline and impurities provisions for these product 
categories. Illinois' submittal also requested EPA to approve a 
revision to 35 IAC Part 223 to clarify applicability of the AIM VOC 
limits.

II. Contents of Illinois' Submittal

    As noted above, on June 7, 2012, EPA conditionally approved four 
paragraphs of 35 IAC Part 223, noting deficiencies in the state rules. 
The four specific provisions containing these deficiencies were 35 IAC 
223.205(6)(A), 35 IAC 223.205(6)(B), 35 IAC 223.205(17)(A), and 35 IAC 
223.205(17)(B). These paragraphs displayed incorrectly labeled high-
volatility and medium-volatility organic material limits. Based on our 
review of the September 14, 2012, submittal, IEPA has corrected the 
deficiencies within the prescribed time frame. We are converting the 
conditional approval to full approval.
    IEPA also requested that EPA approve, into the Illinois SIP, 
adjustments to 35 IAC Part 223, as discussed below.

35 IAC Part 223, ``STANDARDS AND LIMITATIONS FOR ORGANIC MATERIAL 
EMISSIONS FOR AREA SOURCES''

Subpart B: Consumer and Consumer Products

    IEPA added section 223.211 ``Requirements for Adhesive Removers, 
Aerosol Adhesives, Contact Adhesives, Electrical Cleaners, Electronic 
Cleaners, Footwear or leather Care Products, General Purpose 
Degreasers, and Graffiti Removers'' to the table of contents of Subpart 
B. The addition is approvable into the Illinois SIP.

35 IAC Part 223.201, ``Applicability''

    IEPA added the phrase ``unless another date is specified'' to the 
applicability of 35 IAC Part 223 because the new product categories 
added to this rule were added after the rule's original applicability 
date. The new applicability date for the additional product categories 
(July 1, 2012) is specified in section 223.305 of the rule. This 
addition is approvable into the Illinois SIP.

35 IAC Part 223.203, ``Definitions for Subpart B''

    IEPA amended the definition of ``Existing Product'' to remove the 
specific applicability date of July 1, 2009, and added the phrase ``the 
effective date in Section 223.205'' in its place. This is an approvable 
amendment because both the July 1, 2009 (for

[[Page 26260]]

product categories that were affected by the rule as approved by EPA at 
77 FR 33659), and July 1, 2012 (for product categories affected by 
IEPA's latest amendments to the rule), effective dates are clearly 
stated in section 223.205 of Illinois' rule.
    IEPA added the definition of ``Vinyl/Fabric/Leather/Polycarbonate 
Coating'' to this section. The definition is consistent with the Ozone 
Transport Commission (OTC) model rule, and therefore, is approvable 
into the Illinois SIP.

Section 223.205, ``Standards''

    IEPA requested EPA to approve the addition of new product 
categories, VOC limits for the products in these categories, and their 
associated applicability date at 35 IAC Part 223.205. IEPA amended the 
numeric order of the standards list in order to incorporate the new 
product categories. Specifically, the new product categories added to 
35 IAC Part 223.205 (with subcategories listed in parenthesis) are:

--Adhesive Removers (floor or wall covering, gasket or thread locking, 
general purpose, and specialty),
--Anti-static Product, Non-Aerosol
--Contact Adhesives (general purpose and special purpose),
--Electrical Cleaner,
--Electronic Cleaner,
--Fabric Refresher (aerosol and non-aerosol),
--Footwear or Leather Care Products (aerosol, solid, and other forms),
--Graffiti Remover (aerosol and non-aerosol),
--Hair Styling Products (aerosol and pump sprays, and all other forms),
--Shaving Gel, and
--Wood Cleaner (aerosol and non-aerosol).

    The VOC limits for these additional consumer products categories 
are at least as stringent as the VOC limits contained in EPA's national 
consumer products rule (``National Volatile Organic Compound Emission 
Limits for Consumer Products,'' 40 CFR 59, subpart C), and mirror the 
VOC limits contained in the model consumer products rule created by the 
OTC. Therefore, these additions are approvable into the Illinois SIP. 
It should be noted that while Illinois is not an OTC member state, they 
have voluntarily chosen to adopt these VOC limits to create more 
consistency in regional and national markets for consumer products.

Section 223.211, ``Requirements for Adhesive Removers, Aerosol 
Adhesives, Contact Adhesives, Electrical Cleaners, Electronic Cleaners, 
Footwear or Leather Care Products, General Purpose Degreasers, and 
Graffiti Removers''.

    This new section in Illinois' rule prohibits the sale of the 
aforementioned products after July 1, 2012, if they contain methylene 
chloride, perchloroethylene, or trichloroethylene. This section also 
allows for the sale of the aforementioned products that may contain 
methylene chloride, perchloroethylene, or trichloroethylene, but only 
if the compounds are present as impurities in a combined amount equal 
to or less than 0.01 percent by weight. This section mirrors the OTC 
model rule, and is therefore approvable into the Illinois SIP.

Subpart C: Architectural and Industrial Maintenance Coatings

Section 223.305, ``Applicability''

    IEPA amended paragraph (c) of this section to clarify that the 
volume of architectural coating in a container shall be considered the 
total volume of coating that is packaged as a unit for retail sale or 
for use by the consumer. This revision helps ensure that sellers of AIM 
coatings in Illinois comply with the VOC content limits contained in 35 
IAC Part 223. Because this amendment makes clear that a seller cannot 
simply sell multiple small containers of an AIM coating (where each 
container contains a volume less than the amount that would trigger 
compliance with an AIM VOC limit), it strengthens compliance with the 
rule, and is approvable into the Illinois SIP.

III. What action is EPA taking?

    EPA is approving a revision to the Illinois SIP, converting the 
June 7, 2012, conditional approved to full approval. EPA is also 
approving the requested amendments and additions to the Illinois SIP at 
35 IAC Part 223 contained in Illinois' September 14, 2012, submittal. 
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 July 5, 2013 
without further notice unless we receive relevant adverse written 
comments by June 5, 2013. 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. 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 any comments, this action will be effective July 5, 2013.

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 Clean Air 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.);
     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

[[Page 26261]]

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 July 5, 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. 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, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: February 13, 2013.
Susan Hedman,
Regional Administrator, Region 5.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.


Sec.  52.719  [Removed and reserved]

0
2. Remove and reserve Sec.  52.719.

0
3. Section 52.720 is amended by revising paragraph (c)(191) to read as 
follows:


Sec.  52.720  Identification of plan.

* * * * *
    (c) * * *
    (191) On September 14, 2012, Illinois submitted an amendment to its 
State Implementation Plan at 35 Illinois Administrative Code Part 223, 
which adds new consumer product categories and VOC limits for these 
products in Subpart B, and amends Subpart C to clarify applicability. 
35 IAC Part 223 limits the amount of volatile organic compounds from 
consumer products and architectural and industrial maintenance 
coatings.
    (i) Incorporation by reference.
    (A) Illinois Administrative Code; Title 35: Environmental 
Protection; Subtitle B: Air Pollution; Chapter I: Pollution Control 
Board; Subchapter c: Emission Standards and Limitation for Stationary 
Sources; Part 223: Standards and Limitations for Organic material 
Emissions for Area Sources, effective May 4, 2012.
    (B) Reserved.
* * * * *
[FR Doc. 2013-09301 Filed 5-3-13; 8:45 am]
BILLING CODE 6560-50-P