Proposed Rule2023-00245
Air Plan Approval; Illinois; VOC RACT Requirements for Aerospace Manufacturing and Rework Operations
Primary source
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Published
January 10, 2023
Issuing agencies
Environmental Protection Agency
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 6 (Tuesday, January 10, 2023)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#20415252410e5341524148604550410e474f56"><span class="__cf_email__" data-cfemail="54352626357a273526353c143124357a333b22">[email protected]</span></a>. For comments submitted at <a href="http://Regulations.gov">Regulations.gov</a>, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. 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 <a href="https://www2.epa.gov/dockets/commenting-epa-dockets">https://www2.epa.gov/dockets/commenting-epa-dockets</a>.
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,
<a href="/cdn-cgi/l/email-protection#0d40786161686323466c7965616868634d687d6c236a627b"><span class="__cf_email__" data-cfemail="e4a9918888818acaaf85908c8881818aa4819485ca838b92">[email protected]</span></a>. 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 <a href="https://www3.epa.gov/airquality/ctg_act/199712_voc_epa453_r-97-004_aerospace_rework.pdf">https://www3.epa.gov/airquality/ctg_act/199712_voc_epa453_r-97-004_aerospace_rework.pdf</a>.
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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
<bullet> Paragraph J contains requirements for cleaning solvents
used at aerospace facilities.
Section 219.106 Compliance Dates
<bullet> Paragraph F establishes compliance date requirements for
aerospace facilities.
Section 219.110 Vapor Pressure of Organic Material or Solvent
<bullet> Paragraph D contains an equation for calculating the
composite vapor pressure of a cleaning solvent used at aerospace
facilities.
Section 219.204 Emission Limitations
<bullet> 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
<bullet> Paragraph K specifies daily weighted average VOC content
requirements for coatings at aerospace facilities.
Section 219.207 Alternative Emission Limitations
<bullet> 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
<bullet> Paragraph F contains applicability criteria and exemptions
for aerospace coatings and cleaning operations.
Section 219.211 Recordkeeping and Reporting
<bullet> Paragraph J contains recordkeeping and reporting
requirements for aerospace coatings and cleaning solvents.
<bullet> Paragraph K contains the recordkeeping and reporting
requirements for exempt aerospace facilities.
Section 219.219 Work Practice Standards for Aerospace Facilities
<bullet> Paragraph D specifies activities involving cleaning of
aerospace components and vehicles which are not subject to the
aerospace work practice standards.
<bullet> Paragraph E lists work practice standards for aerospace
facilities including proper application methods, storage, mixing, and
conveying of aerospace coatings and cleaning solvents.
<bullet> Paragraph F contains certain situations which are not
subject to the coating application method limitations.
<bullet> 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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> 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]
BILLING CODE 6560-50-P
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