[Federal Register Volume 88, Number 6 (Tuesday, January 10, 2023)]
[Proposed Rules]
[Pages 1341-1343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00245]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2021-0294; FRL-9831-01-R5]


Air Plan Approval; Illinois; VOC RACT Requirements for Aerospace 
Manufacturing and Rework Operations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve State Implementation Plan (SIP) rule revisions submitted by the 
Illinois Environmental Protection Agency (IEPA or Illinois) on April 
13, 2021, and supplemented by a Clean Air Act (CAA) section 110(l) 
demonstration submitted on October 6, 2022. Illinois requests that EPA 
approve rule revisions related to control of volatile organic compound 
(VOC) emissions from aerospace manufacturing and rework facilities into 
Illinois' SIP. These rule revisions are approvable because they are 
consistent with the Control Techniques Guidelines (CTG) for Aerospace 
Manufacturing and Rework Operations published by EPA in 1997, and 
satisfy the moderate VOC reasonably available control technology (RACT) 
requirements of CAA section 182(b)(2) for aerospace facilities in the 
Illinois portion of the St. Louis nonattainment area (Metro-East area) 
under the 2015 ozone National Ambient Air Quality Standard (NAAQS or 
standard). The Metro-East area consists of Madison, Monroe, and St. 
Clair counties in Illinois.

DATES: Comments must be received on or before February 9, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2021-0294 at https://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, follow 
the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Kathleen Mullen, 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) 353-3490, 
[email protected]. The EPA Region 5 office is open from 8:30 a.m. 
to 4:30 p.m., Monday through Friday, excluding Federal holidays and 
facility closures due to COVID-19.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

I. What is EPA proposing?

    EPA is proposing to approve rule revisions to title 35 of the 
Illinois Administrative Code (Ill. Adm. Code) part 211 (Definitions and 
General Provisions) and part 219 (Organic Material Emission Standards 
and Limitations for the Metro-East Area). These rule revisions 
implement the control of VOC emissions from aerospace manufacturing and 
rework operations and satisfy the moderate VOC RACT requirements of CAA 
section 182(b)(2) for aerospace facilities in the Metro-East Area under 
the 2015 ozone standard.

II. What is the background for these actions?

    VOCs contribute to the production of ground-level ozone, or smog, 
which harms human health and the environment. CAA sections 172(c)(1) 
and 182(b)(2) require states to implement RACT in ozone nonattainment 
areas classified as moderate (and higher). Specifically, these areas 
are required to implement RACT for all major VOC sources and for all 
sources covered by a CTG. A CTG is a document issued by EPA which 
establishes a ``presumptive norm'' for RACT for a specific VOC source 
category. States must submit rules to implement RACT or negative 
declarations when no such sources exist for CTG source categories.

[[Page 1342]]

    In December 1997, EPA published a CTG titled ``Control of Volatile 
Organic Compound Emissions from Coating Operations at Aerospace 
Manufacturing and Rework Operations.'' \1\ Illinois did not adopt VOC 
RACT rules for aerospace facilities at the time because there were no 
sources that would have been subject to the aerospace CTG requirements.
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    \1\ EPA-453/R-97-004, available at https://www3.epa.gov/airquality/ctg_act/199712_voc_epa453_r-97-004_aerospace_rework.pdf.
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    EPA also promulgated a National Emission Standard for Hazardous Air 
Pollutants (NESHAP) applicable to aerospace manufacturing and rework 
facilities on September 1, 1995 (60 FR 45948). The NESHAP is codified 
at 40 CFR part 63, subpart GG. EPA subsequently amended the NESHAP on 
December 7, 2015 (80 FR 76152) to incorporate rule revisions to the 
emission standards for specialty coatings, allow for annual purchase 
records of certain coatings, exempt two additional application methods, 
and update definitions.
    According to the IEPA submittal, an aerospace facility located in 
the Metro-East area had indicated that it intended to expand its 
operations by early 2021. Because Illinois has previously not adopted 
VOC RACT rules specifically for aerospace facilities, the source would 
potentially be subject to more general Ill. Adm. Code Section 219.204 
regulations for miscellaneous metal parts and products coatings.
    On June 4, 2018, EPA designated and classified Madison and St. 
Clair Counties in Illinois as a marginal nonattainment area for the 
2015 ozone NAAQS (83 FR 25776) as part of the Metro-East 2015 ozone 
nonattainment area. In response to the Clean Wisconsin v. EPA court 
decision,\2\ EPA revised its designation of Monroe County in Illinois 
to be included in the Metro-East nonattainment area on June 14, 2021 
(86 FR 31438). On October 7, 2022, EPA finalized its determination of 
failure to timely attain and reclassification of Madison, Monroe, and 
St. Clair Counties in Illinois, as part of the Metro-East area, to 
moderate nonattainment under the 2015 ozone standard (87 FR 21842).
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    \2\ Clean Wisconsin v. EPA, 964 F.3d 1145 (D.C. Cir. 2020).
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    Pursuant to CAA section 182(b)(2), the Metro-East area is subject 
to VOC RACT requirements since it is classified as moderate 
nonattainment under the 2015 ozone NAAQS. Section 182(b)(2) requires 
states with moderate nonattainment areas to implement VOC RACT with 
respect to each of the following: (1) all sources covered by a Control 
Technology Guideline (CTG) document issued between November 15, 1990, 
and the date of attainment; (2) all sources covered by a CTG issued 
prior to November 15, 1990; and (3) all other major non-CTG stationary 
sources.
    These proposed regulations will ensure that the CTG recommended VOC 
RACT level of control is in place for aerospace facilities located in 
the Metro-East area and satisfy the VOC RACT requirements of the CAA 
for aerospace facilities in the Metro-East area.

III. What is EPA's analysis of Illinois' SIP rule revisions?

    The proposed amendments to 35 Ill. Adm. Code 211 and 35 Ill. Adm. 
Code 219 establish definitions, VOC content limitations, work practice 
standards, recordkeeping, and reporting requirements for applicable 
aerospace facilities located in the Metro-East Area.
    IEPA has determined that three sources in the Metro-East Area would 
potentially be affected by the proposed aerospace regulations. Two of 
these sources are currently subject to general rules for miscellaneous 
metal parts and products coatings, plastic parts and products coatings 
and pleasure craft coatings found in 35 Ill. Adm. Code part 219. 
However, aircraft exterior coatings account for the great majority of 
volume of aerospace coatings used and VOC emissions from these 
potentially affected sources, and those coatings are currently exempt 
from the miscellaneous metal parts and products limits. Upon adoption 
of these proposed aerospace regulations, these exterior coatings will 
be subject to the primer and topcoat limits in the proposed 35 Ill. 
Adm. Code 219.204(r)(1). The third source plans to expand its aerospace 
facility, such that it will be subject to the proposed aerospace 
regulations.
    On October 6, 2022, Illinois submitted a letter clarifying its 
110(l) demonstration to EPA. Under CAA section 110(l), EPA cannot 
approve a plan revision ``if the revision would interfere with any 
applicable requirement concerning attainment and reasonable further 
progress (as defined in section 7501 of [title 42]), or any other 
applicable requirement of this chapter.'' In the absence of an 
aerospace coating rule, some coating operations at aerospace facilities 
in the Metro-East area were subject to requirements of other coating 
rules in 35 Ill. Adm. Code 219. The VOC content limits of these rules 
differ for particular coating types from the limits in the proposed 
regulations. However, aircraft exterior coatings account for the great 
majority of aerospace coatings used at the potentially affected sources 
in Illinois, both in volume of coating used and VOC emissions, and 
those coatings are currently exempt from regulation in Illinois' 
approved SIP. Incorporating the Illinois aerospace coating rule 
revisions into the Illinois SIP will result in an overall reduction in 
VOC emissions from the three affected sources in Illinois. Also, the 
proposed rule revisions will not result in an increase in emissions of 
any other pollutant at these existing sources in Illinois. Finally, the 
proposed rule revisions will not interfere with any applicable 
requirement concerning attainment and reasonable further progress or 
any other applicable requirement of the CAA. We propose to find that 
IEPA's rule revisions to the Illinois SIP to regulate aerospace 
coatings satisfies the requirements of CAA section 110(l).
    The proposed amendments are approvable because they are consistent 
with the Aerospace CTG and satisfy the VOC RACT requirements of the 
CAA. A brief discussion of these rule revisions follows.

35 Ill. Adm. Code 211

    Rule revisions to this section primarily consist of new definitions 
that are needed to support the proposed regulations. These new 
definitions include the following sections: 211.125, 211.234, 211.245, 
211.271, 211.272, 211.273, 211.275, 211.277, 211.278, 211.280, 211.284, 
211.289, 211.300, 211.303, 211.491, 211.500, 211.520, 211.712, 211.737, 
211.975, 211.985, 211.1095,211.1326, 211.1327, 211.1329, 211.1432, 
211.1555, 211.1567, 211.1620, 211.1625, 211.1735, 211.1820, 211.1895, 
211.1915, 211.2035, 211.2180, 211.2340, 211.2400, 211.2412, 211.2480, 
211.2485, 211.2612, 211.2613, 211.2795, 211.2980, 211.3160, 211.3180, 
211.3230, 211.3360, 211.3755, 211.3850, 211.3870, 211.3920, 211.4066, 
211.4215, 211.4535, 211.5072, 211.5336, 211.5338, 211.5339, 211.5585, 
211.5675, 211.5680, 211.5805, 211.5855, 211.5883, 211.5887, 211.5895, 
211.5900, 211.5905, 211.5907, 211.6013, 211.6055, 211.6064, 211.6133, 
211.6137, 211.6426, 211.6428, 211.6575, 211.6583, 211.6670, 211.6685, 
211.6720, 211.7260, 211.7275. These definitions are consistent with the 
Aerospace CTG and Aerospace NESHAP.

35 Ill. Adm. Code 219

    These regulations apply to aerospace coatings and cleaning 
activities at aerospace facilities located in the Metro-East 
nonattainment area for the 2015 ozone standard that have the potential 
to emit 25 tons of VOC or more per year. The regulations below are 
consistent with, and in some instances more

[[Page 1343]]

stringent than, the aerospace CTG and aerospace NESHAP.
Section 219.105 Test Methods and Procedures
     Paragraph J contains requirements for cleaning solvents 
used at aerospace facilities.
Section 219.106 Compliance Dates
     Paragraph F establishes compliance date requirements for 
aerospace facilities.
Section 219.110 Vapor Pressure of Organic Material or Solvent
     Paragraph D contains an equation for calculating the 
composite vapor pressure of a cleaning solvent used at aerospace 
facilities.
Section 219.204 Emission Limitations
     Paragraph R contains VOC content limitations for primers, 
topcoats, chemical milling maskants, and specialty coatings at 
aerospace facilities.
Section 219.205 Daily Weighted Average Limitations
     Paragraph K specifies daily weighted average VOC content 
requirements for coatings at aerospace facilities.
Section 219.207 Alternative Emission Limitations
     Paragraph N establishes the capture system and control 
device requirements including at least a 90 percent reduction in VOC 
emissions from aerospace coating operations. This 90 percent reduction 
in VOC emissions is more stringent than the 81 percent reduction 
required in the Aerospace CTG.
Section 219.208 Exemptions From Emission Limitations
     Paragraph F contains applicability criteria and exemptions 
for aerospace coatings and cleaning operations.
Section 219.211 Recordkeeping and Reporting
     Paragraph J contains recordkeeping and reporting 
requirements for aerospace coatings and cleaning solvents.
     Paragraph K contains the recordkeeping and reporting 
requirements for exempt aerospace facilities.
Section 219.219 Work Practice Standards for Aerospace Facilities
     Paragraph D specifies activities involving cleaning of 
aerospace components and vehicles which are not subject to the 
aerospace work practice standards.
     Paragraph E lists work practice standards for aerospace 
facilities including proper application methods, storage, mixing, and 
conveying of aerospace coatings and cleaning solvents.
     Paragraph F contains certain situations which are not 
subject to the coating application method limitations.
     Paragraph G contains requirements for various types of 
cleaning activities and cleaning operation exemptions at aerospace 
facilities.

IV. What action is EPA taking?

    EPA is proposing to approve into the Illinois SIP rule revisions to 
rules relating to the control of VOC emissions from aerospace 
manufacturing and rework operations (35 Ill. Admin. Code part 211 and 
35 Ill. Admin. Code part 219) submitted on April 13, 2021, which 
Illinois supplemented with a 110(l) demonstration on October 6, 2022. 
These rule revisions satisfy the moderate VOC RACT requirements of 
section 182(b)(2) of the CAA for aerospace facilities located in the 
Metro-East Area under the 2015 ozone standard. EPA is soliciting public 
comment on the issues discussed in this document. These comments will 
be considered before taking final action.

V. Incorporation by Reference

    In this rule, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference Illinois rules 35 Ill. Admin. Code part 211 and 35 Ill. 
Admin. Code part 219, effective March 4, 2021, discussed in section 
III. of this preamble. EPA has made, and will continue to make, these 
documents generally available through www.regulations.gov and at the 
EPA Region 5 Office (please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section of this preamble for more 
information).

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 Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the proposed rule does not have tribal implications and will 
not impose substantial direct costs on tribal governments or preempt 
tribal law as specified by Executive Order 13175 (65 FR 67249, November 
9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Ozone, Volatile organic 
compounds.

    Dated: January 4, 2023.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2023-00245 Filed 1-9-23; 8:45 am]
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