[Federal Register Volume 79, Number 134 (Monday, July 14, 2014)]
[Rules and Regulations]
[Pages 40673-40675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-16290]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2014-0119; FRL-9912-19-Region-5]


Approval and Promulgation of Air Quality Implementation Plans; 
Illinois; Latham Pool Adjusted Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
request submitted by the Illinois Environmental Protection Agency on 
January 8, 2014, to revise the Illinois State Implementation Plan (SIP) 
for volatile organic matter (VOM). The approval revises the Illinois 
SIP by substituting a new party as the holder of the adjusted standard 
for VOM granted to Royal Fiberglass Pools, Inc. (Royal), for the 
facility located in Dix, Illinois. EPA approved the adjusted standard 
for Royal on June 27, 2011. Due to a change in ownership, the facility 
is now owned by Latham Pool Products, Inc., d/b/a Viking Pools. The 
revision amends the adjusted standard for VOM currently approved in the 
SIP for the facility to reflect the change in ownership. This revision 
does not change any of the VOM control requirements and will not result 
in an increase in VOM emissions at the facility.

DATES: This direct final rule is effective August 13, 2014, unless EPA 
receives adverse comments by August 13, 2014. 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-2014-0119, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (312) 629-2054.
    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-
2014-0119. 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

[[Page 40674]]

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 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), 
U.S. 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. General Information
II. What revision did the State request be incorporated into the 
SIP?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. General Information

 A. Does this action apply to me?

    This action applies only to the adjusted standard for VOM granted 
to Royal for the facility in Dix, Illinois (Jefferson County). This 
action is only a name change to reflect that the facility is now owned 
by Latham Pool Products, Inc., d/b/a Viking Pools. No increases in 
emissions at the facility are allowed by this action.

B. Has public notice been provided?

    The Illinois Pollution Control Board (IPCB) granted the 
administrative change at a quarterly meeting which was open to the 
public. Prior to the meeting, public notice was given that the meeting 
was being held and an agenda with actions to be considered was posted 
on the IPCB Web site. Public notice of the administrative change was 
posted on the Web site and the subsequent board meeting open to the 
public was held on September 5, 2013, prior to the administrative order 
going into effect.

 C. What is the background to this action?

    Latham Pool Products, Inc., d/b/a Viking Pools, owns and operates a 
fiberglass pool manufacturing facility in the city of Dix, Illinois 
that was formerly owned and operated by Royal. The facility is used to 
manufacture fiberglass pools and emits VOM.
    EPA approved the adjusted standard into the Illinois SIP on June 
27, 2011 (76 FR 37272). The adjusted standard removed the 8 lb/hr VOM 
limit for Royal's fiberglass facility in Dix, Illinois. Although Royal 
was not required to comply with the 8 lb/hr rule, Royal was required to 
operate its facility in compliance with the National Emissions 
Standards for Hazardous Air Pollutants (NESHAP) for Reinforced Plastic 
Composites Production at 40 CFR part 63, subpart WWWW.
    EPA is approving this name change as solely an administrative 
change, which does not allow for any change in the emission limits for 
VOM, work practice standards or any other requirements in the NESHAP at 
40 CFR part 63, subpart WWWW, or any other applicable Federal, state 
and local laws, regulations and permits.

II. What revision did the State request be incorporated into the SIP?

    To reflect the change in ownership, the state has requested that 
EPA replace the name of the holder of the adjusted standard currently 
in the Illinois SIP from Royal to Latham Pool Products, Inc., d/b/a 
Viking Pools.

III. What action is EPA taking?

    EPA is approving a revision to the Illinois SIP to substitute 
Latham Pool Products, Inc., d/b/a Viking Pools, as the holder of the 
adjusted standard for VOM that EPA previously approved into the SIP for 
Royal. This revision does not change any of the VOM control 
requirements and will not result in an increase in VOM emissions 
because no emission limits were increased.
    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 September 12, 
2014 without further notice unless we receive relevant adverse written 
comments by September 12, 2014. 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. If we do not receive any comments, this 
action will be effective September 12, 2014.

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 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);

[[Page 40675]]

     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.
    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 September 12, 2014. 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, Reporting and recordkeeping 
requirements, Sulfur dioxide.

    Dated: May 30, 2014.
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.

Subpart O--Illinois

0
2. Section 52.720 is amended by adding paragraph (c)(199) to read as 
follows:


Sec.  52.720  Identification of plan.

* * * * *
    (c) * * *
    (199) On January 8, 2014, the Illinois Environmental Protection 
Agency submitted a revision to its state implementation plan. The 
revision to the SIP substitutes Latham Pool Products, d/b/a Viking 
Pools, for Royal Fiberglass Pools, Inc. as the holder of the 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 
that was granted to Royal Fiberglass Pools, Inc. manufacturing facility 
located in Dix, Illinois on February 18, 2010 by the Illinois Pollution 
Control Board. The adjusted standard affected by the name change 
provides that 35 Ill. Adm. Code 215.301 does not apply to VOM emissions 
from Viking Pools fiberglass pool manufacturing facility in Dix, 
Illinois. The facility is subject to emission limit requirements set 
forth in the National Emissions Standards for Hazardous Air Pollutants 
for Reinforced Plastic Composites Production at 40 CFR 63, subpart 
WWWW, April 21, 2003.
    (i) Incorporation by reference.
    (A) Supplemental Opinion and Order of the Illinois Pollution 
Control Board, AS 09-4, effective September 5, 2013.

[FR Doc. 2014-16290 Filed 7-11-14; 8:45 am]
BILLING CODE 6560-50-P