Approval and Promulgation of Implementation Plans; Illinois

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IL144-1a; FRL 5648-8]

Approval and Promulgation of Implementation Plans; Illinois

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On January 10, 1996, the State of Illinois submitted a State

Implementation Plan (SIP) revision request to the EPA which grants a

variance to Rexam Medical Packaging Inc. facility located in Mundelein,

Lake County, Illinois (Rexam). This variance extends the date by which

certain flexographic printing presses operated by Rexam must comply

with Illinois' Volatile Organic Material (VOM) Reasonably Available

Control Technology (RACT) rules. This rulemaking action approves,

through direct final, this SIP revision request; the rationale for this

approval is set forth in SUPPLEMENTARY INFORMATION. Elsewhere in this

Federal Register, EPA is proposing approval and soliciting comment on

this direct final action; if adverse comments are received, EPA will

withdraw the direct final and address the comments received in a new

[[Page 67470]]

final rule. Unless this direct final is withdrawn, no further

rulemaking will occur on this requested SIP revision.

DATES: The ``direct final'' is effective on February 21, 1997, unless

EPA receives adverse or critical comments by January 22, 1997. If the

effective date is delayed, timely notice will be published in the

Federal Register.

ADDRESSES: Copies of this SIP revision request are available for

inspection at the following address: U.S. Environmental Protection

Agency, Region 5, Air and Radiation Division, 77 West Jackson

Boulevard, Chicago, Illinois 60604. (It is recommended that you

telephone Mark J. Palermo at (312) 886-6082 before visiting the Region

5 Office.)

Written comments should be sent to: J. Elmer Bortzer, Chief,

Regulation Development Section, Air Programs Branch (AR-18J), U.S.

Environmental Protection Agency, 77 West Jackson Boulevard, Chicago,

Illinois 60604.

FOR FURTHER INFORMATION CONTACT: Mark J. Palermo at (312) 886-6082.

SUPPLEMENTARY INFORMATION:

I. Background

Section 182(a)(2)(A) of the Clean Air Act (Act) requires states to

``fix-up'' deficient RACT regulations for ozone nonattainment areas,

and section 182(b)(2) of the Act requires States with severe ozone

nonattainment areas to ``catch-up'' by revising the RACT applicability

threshold from 100 tons per year (TPY) potential to emit to 25 TPY

potential to emit. On September 9, 1994, EPA approved, as a revision to

the Illinois SIP for ozone, a number of VOM RACT regulations, including

35 Illinois Administrative Code part 218, subpart H (section 218.401

through 218.405), which governs the control of VOM from printing and

publishing operations in the Chicago ozone nonattainment area (59 FR at

46562). These regulations were submitted in order to meet the State's

``fix-up'' requirement for the Chicago severe ozone nonattainment area.

This area includes Cook, DuPage, Kane, Lake, McHenry, Will Counties and

Aux Sable and Goose Lake Townships in Grundy County and Oswego Township

in Kendall County.

On January 26, 1996, EPA promulgated a direct final rulemaking

approving a second set of Illinois VOM RACT regulations, part of which

includes a revision to section 218.402, which changed the RACT

applicability threshold to include sources with flexographic and/or

rotogravure printing line(s) with a potential to emit of 25 TPY or more

of VOM (including emissions from solvents used for cleanup operations

associated with the flexographic and rotogravure printing line(s)), in

order to comply with the RACT ``catch-up'' requirements. Also included

was a revision to section 218.106, the general compliance date

provisions for regulations under part 218 (61 FR 2423). This revision

provides a compliance date of March 15, 1995, for sources newly subject

to the 25 TPY applicability threshold. The direct final approval was

withdrawn on March 25, 1996 (61 FR 12030), due to an adverse comment

addressing an issue unrelated to the new applicability requirements for

printing presses. The comment will be addressed in a new final rule in

an upcoming Federal Register.

Section 218.401(a) of subpart H requires subject sources to apply

no coating or ink on any flexographic or rotogravure printing line

unless the VOM content does not exceed either 40% VOM by volume of the

coating/ink as applied (minus water and any compounds specifically

exempted from the definition of VOM), or 25% VOM by volume of the

volatile content in the coating and ink. Section 218.401(b) allows

daily-weighted averaging to comply with the above listed VOM content

limits, whereby coatings/inks with higher VOM content can be used if

offset by lower VOM content coatings/inks. Section 218.401(c) allows

for alternative compliance with the VOM content limits through

operation of a control device which reduces captured VOM emissions by

at least 90% by weight, in a capture system with the control device

which provides an overall reduction in VOM emissions of at least 75%

for publication rotogravure printing lines, 65% for packaging

rotogravure printing lines, and 60% for flexographic printing lines.

II. Summary of SIP Submittal

Rexam manufactures sterilizable flexible packaging and other film

products such as bags, pouches, and rollstock for sterilization

protection of medical devices and products. The packages are sold to

medical device manufacturers and health care providers, and are

designed to permit gas sterilization and aeration of the contents while

maintaining sterility until the packages are opened. To meet customer

approval, the packages must be printed with user instructions which

will stay adhered to the packages and not contaminate the medical

product when opened. In addition, the packages must be printed with

special inks used as sterilization indicators. These inks change color

to indicate whether the medical product inside the package has been

sterilized.

On March 14, 1995, Rexam filed a petition for variance with the

Illinois Pollution Control Board (Board). At the time of the petition,

the Rexam facility operated 18 flexographic printing presses subject to

the RACT requirements of subpart H and the compliance date of March 15,

1995. In the petition, Rexam indicated that in 1990, the facility began

a process to install and test press equipment for the application of

water-based ink that would not only meet VOM content requirements, but

customer approval, as well. Rexam indicated that this process was

difficult because the use of water-based inks was new to the medical

packaging industry. On March 15, 1995, 13 of the 18 presses were

applying water-based inks to medical packaging which both complied with

VOM content requirements and met customer specifications. The 5 presses

not in compliance included, Inline Press No. 105, Inline Press No. 107,

Inline Press No. 111, Offline 32-inch press, and Offline 36-inch press.

Rexam contended Inline Press No. 105 and Offline 32-inch press, the

presses used to print indicator inks, were out of compliance because no

trialed technology for water-based indicator inks was available.

Further, the remaining presses were out of compliance because,

according to Rexam, customer approval to convert the presses to water-

based technology had not yet been obtained. Rexam indicated the delay

in customer approval was due primarily to the extensive validation and

testing trial period used by the customers to determine the integrity

of the water-based inks and the packaging's sterilization capability.

Because of these compliance difficulties, Rexam requested a compliance

date extension to install and operate a catalytic oxidizer in

accordance with subpart H, which would control emissions from the

presses applying indicator inks. In addition, the extended compliance

would allow the customer approval process for the remaining presses to

reach completion. The petition also requested that a proposed 42-inch

offline press to apply indicator inks also be covered under the

variance Subsequent to the petition, Inline Press No. 107 was converted

to water-based ink.

A public hearing on the variance petition was held on August 18,

1995, in Libertyville, Illinois, before the Board. On October 19, 1995,

the Board granted a variance (PCB 95-99) from subpart H to Rexam for

its Inline Press No. 105, Inline Press No. 111, Offline 32-inch Press,

Offline 42-inch Press, and

[[Page 67471]]

Offline 36-inch Press. The variance extends the compliance date for the

5 presses from March 15, 1995, until June 15, 1996, or upon submittal

of the ``certificate of compliance'' required under section 218.404 of

subpart H, whichever occurs first. The variance includes a compliance

plan requiring the installation and use of a catalytic oxidizer to

control emissions from Inline Press No. 105, Inline Press No. 111,

Offline 32-inch Press, and Offline 42-inch Press. The remaining press,

Offline 36-inch Press, is required to convert to water-based ink, or be

controlled by the oxidizer if the press is not converted by March 1,

1996. The variance is contingent upon certain compliance milestone

conditions intended to assure that all the presses are in compliance by

June 15, 1996.

The variance was granted because Rexam presented adequate proof to

the Board that immediate compliance with subpart H would result in an

arbitrary or unreasonable hardship which outweighs the public interest

in attaining immediate compliance with regulations designed to protect

the public. Such a burden of proof is required by Illinois law before a

variance can be granted. The effective date of the variance is March

15, 1995. The Illinois Environmental Protection Agency formally

submitted the variance to EPA on January 10, 1996, as a revision to the

Illinois SIP for ozone.

III. EPA Evaluation of Submittal

Section 182(b)(2) requires state rules intended to meet RACT

``catch-up'' requirements be implemented by May 31, 1995. Under this

variance, Rexam's compliance with Illinois' rule would extend beyond

this date. However, based on the information provided in the SIP

submittal, the EPA finds that the variance for Rexam is justified, and

the compliance milestone provisions required by the variance represent

a reasonable approach to bringing the Rexam facility into compliance in

a timely manner. Therefore, the EPA finds this SIP submittal

approvable.

IV. Final Rulemaking Action.

The EPA approves, through direct final, the Illinois SIP revision

request. With the effective date of this approval, the October 19, 1995

variance, PCB 95-99, for Rexam, becomes federally enforceable.

The EPA is publishing this action without prior proposal because

EPA views this as a noncontroversial revision and anticipates no

adverse comments. However, in a separate document in this Federal

Register publication, the EPA is proposing to approve the SIP revision

should adverse or critical comments be filed. This action will be

effective on February 21, 1997 unless, by January 22, 1997, adverse or

critical comments on the approval are received.

If the EPA receives adverse comment by the date listed above, the

direct final will be withdrawn before the effective date by publishing

a subsequent rulemaking that will withdraw the final action. All public

comments received will be addressed in a subsequent final rule based on

this action serving as a proposed rule. The EPA will not institute a

second comment period on this action. Any parties interested in

commenting on this action should do so at this time. If no such

comments are received, the public is advised that this action will be

effective on February 21, 1997.

Nothing in this action should be construed as permitting, allowing

or establishing a precedent for any future request for revision to any

SIP. Each request for revision to the SIP shall be considered

separately in light of specific technical, economic, and environmental

factors and in relation to relevant statutory and regulatory

requirements.

VII. Administrative Requirements

A. Executive Order 12866. This action has been classified as a

Table 3 action for signature by the Regional Administrator under the

procedures published in the Federal Register on January 19, 1989 (54 FR

2214-2225), as revised by a July 10, 1995, memorandum from Mary D.

Nichols, Assistant Administrator for Air and Radiation. The Office of

Management and Budget (OMB) has exempted this regulatory action from

Executive Order 12866 review.

B. Regulatory Flexibility

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000.

SIP approvals under section 110 and subchapter I, part D of the Act

do not create any new requirements, but simply approve requirements

that the State is already imposing. Therefore, because the Federal SIP

approval does not impose any new requirements, the Administrator

certifies that it does not have a significant impact on any small

entities affected. Moreover, due to the nature of the Federal-State

relationship under the Act, preparation of a flexibility analysis would

constitute Federal inquiry into the economic reasonableness of the

State action. The Clean Air Act forbids EPA to base its actions

concerning SIPs on such grounds. Union Electric Co. v. EPA., 427 U.S.

246, 256-66 (1976); 42 U.S.C. 7410(a)(2).

C. Unfunded Mandates

Under Section 202 of the Unfunded Mandates Reform Act of 1995,

signed into law on March 22, 1995, EPA must undertake various actions

in association with any proposed or final rule that includes a Federal

mandate that may result in estimated costs to state, local, or tribal

governments in the aggregate; or to the private sector, of $100 million

or more. This Federal action approves pre-existing requirements under

state or local law, and imposes no new Federal requirements.

Accordingly, no additional costs to state, local, or tribal

governments, or the private sector, result from this action.

D. Petitions for Judicial Review

Under section 307(b)(1) of the Act, petitions for judicial review

of this action must be filed in the United States Court of Appeals for

the appropriate circuit by February 21, 1997. 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, Ozone, Volatile Organic Compounds.

Dated: September 27, 1996.

David A. Ullrich,

Acting Regional Administrator.

For the reasons stated in the preamble, part 52, chapter I, title

40 of the Code of Federal Regulations is amended as follows:

PART 52--[AMENDED]

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

Authority: 42 U.S.C. 7401-7671q.

[[Page 67472]]

Subpart O--Illinois

2. Section 52.720 is amended by adding paragraph (c)(131) to read

as follows:

Sec. 52.720 Identification of plan.

* * * * *

(c) * * *

(131) On January 10, 1996, the State of Illinois submitted a site-

specific State Implementation Plan (SIP) revision request for ozone,

which extends the required deadline for the Rexam Medical Packaging

Inc. facility in Mundelein, Lake County, Illinois (Rexam), to comply

with 35 Illinois Administrative Code, part 218, subpart H, as it

applies to its Inline Press Number No.105, Inline Press No. 111,

Offline 32-inch Press, Offline 36-inch Press, and Offline 42-inch

press. The compliance date is extended from March 15, 1995, until June

15, 1996, or upon submittal of the ``certificate of compliance''

required under section 218.404 of subpart H, whichever occurs first.

The variance includes a compliance plan requiring the installation and

use of a catalytic oxidizer to control emissions from Inline Press No.

105, Inline Press No. 111, Offline 32-inch Press, and Offline 42-inch

Press. The Offline 36-inch Press is required to convert to water-based

ink, or be controlled by the oxidizer if the press is not converted by

March 1, 1996. The variance is contingent upon certain compliance

milestone conditions.

(i) Incorporation by reference. (A) Illinois Pollution Control

Board Final Opinion and Order, PCB 95-99, adopted on October 19, 1995,

and effective March 15, 1995. Certification of Acceptance dated

November 29, 1996, by Rexam.

[FR Doc. 96-32371 Filed 12-20-96; 8:45 am]

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