[Federal Register: May 24, 2004 (Volume 69, Number 100)]
[Rules and Regulations]
[Page 29446-29449]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24my04-9]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IL221-1a; FRL-7657-8]
Approval and Promulgation of State Implementation Plans; Illinois
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The EPA is approving a site-specific revision to the Illinois
volatile organic compound (VOC) State Implementation Plan (SIP) for the
Horween Leather Company (Horween) in Chicago, Illinois. By its
submittal dated May 28, 2003, the Illinois Environmental Protection
Agency (Illinois EPA) requested that EPA approve a site-specific rule
that would change the VOC control requirements that would apply to a
small amount of specialty leathers and allow them to be produced at
Horween's leather production facility in Chicago. This request is
approvable because it satisfies reasonably available control technology
(RACT) and is a more suitable control measure for certain of its
specialty leather coating operations than the existing rule which this
amends. The rationale for the approval and other information are
provided in this rulemaking action.
DATES: This ``direct final'' rule is effective July 23, 2004, unless
EPA receives written adverse comment by June 23, 2004. If written
adverse comment is received, EPA will publish a timely withdrawal of
the direct final rule in the Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. IL221 by
one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov. Follow the
on-line instructions for submitting comments.
E-mail: bortzer.jay@epa.gov.
Fax: (312) 886-5824.
Mail: You may send written comments to: J. Elmer Bortzer, Chief,
Criteria Pollutant Section, (AR-18J), Environmental Protection Agency,
77 West Jackson Boulevard, Chicago, Illinois 60604.
Hand delivery: Deliver your comments to: J. Elmer Bortzer, Chief,
Criteria Pollutant Section, (AR-18J), U.S. Environmental Protection
Agency, Region 5, 77 West Jackson Boulevard, 18th floor, Chicago,
Illinois 60604. Such deliveries are only accepted during the Regional
Office's normal hours of
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operation. The Regional Office's 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. IL221. EPA's
policy is that all comments received will be included in the public
docket without change, 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 regulations.gov, or e-mail. The
federal regulations.gov website 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 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 an index.
Although listed in the index, some information is not publicly
available, i.e., CBI or other information whose disclosure is
restricted by statute. Publicly available docket materials are
available in hard copy at Environmental Protection Agency, Region 5,
Air and Radiation Division, 77 West Jackson Boulevard, Chicago,
Illinois 60604. (We recommend that you telephone Steven Rosenthal,
Environmental Engineer, at (312) 886-6052 before visiting the Region 5
office.) This Facility is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays.
FOR FURTHER INFORMATION CONTACT: Steven Rosenthal at (312) 886-6052.
SUPPLEMENTARY INFORMATION: This supplementary information section is
organized as follows:
I. General Information
II. EPA Action and Review
1. What Action Is EPA Taking Today?
2. Why Is EPA Taking this Action?
3. What Are the Control Requirements in the Adjusted Standard?
4. What Information Did Illinois submit in Support of this SIP?
5. Was a Public Hearing Held?
6. What led to the SIP Revision and why is it being Approved?
III. Final Rulemaking Action
IV. Statutory and Executive Order Reviews
I. General Information
A. Does This Action Apply to Me?
Probably not because this action applies to a single source,
Horween, in Chicago, IL.
B. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
a. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
b. Follow directions--The agency may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
c. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
d. Describe any assumptions and provide any technical information
and/or data that you used.
e. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
f. Provide specific examples to illustrate your concerns, and
suggest alternatives.
II. EPA Action and Review
1. What Action Is EPA Taking Today?
In this action, EPA is approving into the Illinois VOC SIP an
amendment to the leather coating rules that apply in the Chicago ozone
nonattainment area. Specifically, EPA is approving a new Section
218.929 that changes the VOC control requirements for coating a small
amount of specialty leathers at Horween's leather production facility
located at 2015 North Elston Avenue, Chicago, Illinois. These control
requirements were adopted in the Illinois Pollution Control Board's
February 20, 2003, Final Order R02-20 which adopts a revision to 35
Ill. Adm. Code 218.112 (in which a test method is added to Illinois'
Incorporation by Reference Section) and new Section 35. Ill. Adm. Code
218.929.
2. Why Is EPA Taking This Action?
The VOC control requirements contained in Section 218.929 represent
a RACT level of VOC control for the specialty shoe leathers that are
covered by them. They are based upon leather coating requirements that
had previously been approved by EPA as a SIP revision for a company
making products similar to Horween.
3. What Are the Control Requirements in the Adjusted Standard?
Section 218.929 adds control requirements, and measures to ensure
their enforceability, that apply to certain specialty leathers coated
at Horween's Chicago leather manufacturing facility. These specialty
leathers are cementable and dress or performance shoe leathers.
Cementable shoe leather has over 12 percent but less than 25 percent
wax, grease, polymers and oils embedded into the leather. By contrast,
the previously approved definition of specialty leather (with less
stringent VOC content limits) specifies leather with over 25% by weight
grease, wax, and oils. Dress or performance shoe leather is finished
with coating materials containing water emulsified materials using
water miscible solvent materials and is used primarily for the
manufacture of sewn shoes where the leather must be capable of soaking
with a fine, dressy finish. Also, the 10-ton exemption for stain
pursuant to Section 218.926(b)(2)(i) does not apply to the specialty
leathers covered by Section 218.929.
Section 218.929 (b) provides numeric limitations on emissions of
the specialty leather products described above and in Section 218.929
(a). They are 14 lbs. VOC/1000 square feet for non-water resistant
leathers; 24 lbs. VOC/1000
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square feet for water resistant leather; and a total annual VOC
emission limit of 20 tons. The leather will be designated as water
resistant or non-water resistant by using ASTM D 2099-00, which is
incorporated by reference in Section 218.112 of Part 218.
Section 218.929 (c) requires that Horween comply with its approved
standard operating and maintenance procedures, which minimize the
volatilization of solvents during the measuring and/or mixing of
coatings, minimize VOC fugitive losses from the coating and solvent
storage rooms, and minimize solvent usage or VOC losses during
equipment cleanup and during transport.
Section 218.929 (d) specifies reporting and recordkeeping
requirements to ensure that the coating limits in section 218.929 (b)
are met. This includes keeping records of the VOC content and gallons
of each coating and the total pounds of VOC of all coatings applied to
each category of leather, and the total area of each category of
leather produced during each month.
4. What Information Did Illinois Submit in Support of This SIP?
The Illinois EPA submitted the following information and supporting
documentation (along with other less substantive procedural documents)
in support of its request for an Amendment, contained in 35 Ill. Adm.
Code 218.929, to the leather coating rules for Horween.
(a) Horween's Petition for a site-specific rulemaking filed with
the Illinois Pollution Control Board on February 4, 2002.
(b) On May 17, 2002, the Illinois Pollution Control Board issued a
notice of public hearing for June 26, 2002, in Chicago. A public
hearing was subsequently held on that day.
(c) Testimony by Horween in support of its petition filed with the
Illinois Pollution Control Board on June 19, 2002.
(d) On July 19, 2002, Horween filed post-hearing comments in which
it successfully argued that high-volume, low-pressure (HVLP) spray
application equipment is not feasible at its leather manufacturing
facility.
(d) The February 20, 2003, Opinion and Order of the Illinois
Pollution Control Board, in which it adopted the amendments to the
leather coating rules for Horween's Chicago leather manufacturing
facility in 35 Ill. Adm. Code 218.929.
5. Was a Public Hearing Held?
A public hearing was held on June 26, 2002, in Chicago and a
transcript of the hearing was submitted by Illinois EPA in support of
its request for a SIP revision.
6. What Led to the SIP Revision and Why Is it Being Approved?
Horween petitioned the Illinois Pollution Control Board for a site-
specific rule revision that would apply to a small amount of new
specialty leathers that it would like to produce. In order to meet
changing customer demands, to counter its loss of business since 1995,
it must meet the requirements of its customers for different types of
specialty-type leathers, including cementable pull up, leathers
designed for hand-sewn shoes, and other performance leathers that were
not considered when Illinois' existing leather coating rules were
adopted.
These include leathers with between 12% and 25% grease, wax and oil
content which cannot be finished with coatings that comply with the
generally applicable 3.5 lbs. VOC per gallon regulation (because
coating difficulties begin to occur at a grease, wax and oils content
of 12%) and cannot satisfy the definition of specialty leather, with
its less stringent 38 lbs. VOC per 1000 square feet of leather
limitation. A second group of leathers are intended for hand-sewn shoes
with an extremely glossy, dressy look and fine, smooth finish. The top
finish of the leather must be able to withstand ironing with high
temperatures to give a uniform, smooth appearance, and be compatible
with finishes used to stain and antique the shoes. Water-based finishes
that comply with the 3.5 lbs. VOC per gallon regulation do not satisfy
these requirements.
In order to satisfy Horween's leather manufacturing requirements
and to ensure that RACT coating limits are achieved, Illinois adopted
leather coating limits which had been previously approved by EPA as
RACT for a similar facility. In addition, the emissions from these
coatings are limited to 20 tons of VOCs per year. These control
requirements, therefore, satisfy RACT and are approvable.
III. Final Rulemaking Action
For the reasons given above, EPA is approving into the Illinois VOC
SIP a revision to the Incorporation by Reference list in 35 ILL. Adm.
Code 218.112 and a new Section 218.929 that changes the VOC control
requirements for coating a small amount of specialty leathers at
Horween's leather manufacturing facility.
The EPA is 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
comments are filed. This rule will be effective July 23, 2004 without
further notice unless we receive relevant adverse written comments by
June 23, 2004. 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 July 23,
2004.
IV. Statutory and Executive Order Reviews
Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget.
Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
For this reason, this action is also not subject to Executive Order
13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001).
Regulatory Flexibility Act
This action merely approves state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this rule will not have a significant economic impact on a substantial
number of small entities under the Regulatory Flexibility Act (5 U.S.C.
601 et seq.).
Unfunded Mandates Reform Act
Because this rule approves pre-existing requirements under state
law and does not impose any additional enforceable duty beyond that
required by state law, it 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 29449]]
Executive Order 13175: Consultation and Coordination With Indian Tribal
Governments
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
Executive Order 13132: Federalism
This action also does not have Federalism implications because it
does not have substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). This action merely approves a state rule implementing a
Federal standard, and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act.
Executive Order 13045: Protection of Children from Environmental Health
and Safety Risks
This rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.
National Technology Transfer Advancement Act
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply.
Paperwork Reduction Act
This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
Congressional Review Act
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 rule 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 23, 2004. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: April 26, 2004.
Bharat Mathur,
Acting Regional Administrator, Region 5.
0
Title 40 of the Code of Federal Regulations, chapter I, 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.
0
2. Section 52.720 is amended by adding paragraph (c)(170) for a site-
specific rule revision for Horween Leather Company's Chicago, Illinois
leather manufacturing facility as follows:
Sec. 52.720 Identification of plan.
* * * * *
(c) * * *
(170) On May 28, 2003, Illinois submitted an amendment to its
leather coating rules for the Horween Leather Company's Chicago leather
manufacturing facility. This adds a test method in Section
218.112(a)(26) and a new Section 35 Ill. Adm. Code 218.929. These
amendments were incorporated in the Illinois Pollution Control Board's
February 20, 2003, Final Order R02-20.
(i) Incorporation by reference. Illinois Administrative Code Title
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I:
Pollution Control Board, Subchapter c: Emissions Standards and
Limitations for Stationary Sources, Part 218 Organic Material Emission
Standards and Limitations for the Chicago Area.
(A) Subpart A: General Provisions, Section 218.112 Incorporations
by Reference, (a) American Society for Testing and Materials, 100 Barr
Harbor Drive, West Conshohocken, PA 19428-9555, 26) ASTM D2099-00.
Amended at 27 Ill. Reg. 7283, effective April 8, 2003.
(B) Subpart PP: Miscellaneous Fabricated Product Manufacturing
Processes, Section 218.929 Cementable and Dress or Performance Shoe
Leather. Added at 27 Ill. Reg. 7283, effective April 8, 2003.
[FR Doc. 04-11557 Filed 5-21-04; 8:45 am]
BILLING CODE 6560-50-U