Approval and Promulgation of Implementation Plan; Illinois

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IL-18-4-6096; FRL-5028-7]

Approval and Promulgation of Implementation Plan; Illinois

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: On September 11, 1991, and March 15, 1993 the Illinois

Environmental Protection Agency (IEPA) submitted to the United States

Environmental Protection Agency (USEPA) volatile organic compound (VOC)

rules, for the Chicago and East St. Louis ozone nonattainment areas, as

requested revisions to Illinois' State Implementation Plan (SIP) for

ozone. These rules had been submitted to USEPA to correct deficiencies

in its VOC SIP and to expand the geographic applicability of Illinois'

VOC rules to all the State's nonattainment areas. IEPA submitted the

rules for parallel processing because the rules submitted on March 15,

1993, had not been finally adopted by the State. On September 22, 1993,

USEPA proposed to approve these rules. On October 21, 1993, IEPA

submitted the finally adopted rules which contained some significant

changes. In this rule the USEPA is approving those rules which have not

been changed since their initial submission. However, USEPA will be

addressing those rules which have been changed in a separate rulemaking

action.

EFFECTIVE DATE: This final rule is effective October 11, 1994.

ADDRESSES: Copies of Illinois' SIP revision request and any public

comments are located for public inspection and copying at the following

address. A reasonable fee may be charged for copying.

U.S. Environmental Protection Agency, Region 5, Regulation Development

Branch, Eighteenth Floor, Southeast, 77 West Jackson Boulevard,

Chicago, Illinois 60604, (312) 886-6036.

A copy of this SIP revision is available for inspection at the

following address.

Office of Air and Radiation Docket and Information Center (Air Docket

6102), room M1500, U.S. Environmental Protection Agency, 401 M Street

SW., Washington, DC 20460, (202) 260-7548.

FOR FURTHER INFORMATION CONTACT: Steven Rosenthal, Regulation

Development Branch, U.S. Environmental Protection Agency, Region 5,

(312) 886-6052, at the Chicago address indicated.

SUPPLEMENTARY INFORMATION:

Background

Under section 107 of the Clean Air Act (Act), as amended in 1977,

USEPA designated certain areas in each State as not attaining the

National Ambient Air Quality Standards (NAAQS) for ozone. For these

areas, section 172(a) of the Act required that the State revise its SIP

to provide for attaining the primary NAAQS as expeditiously as

practicable, but not later than December 31, 1982.\1\ Part D allowed

USEPA, though, to grant extensions to as late as December 31, 1987, to

those States that could not demonstrate attainment of the ozone

standard by December 31, 1982, if certain conditions were met by the

State in revising its SIP. Illinois requested, and received, an

extension to December 31, 1987, for attaining the ozone NAAQS for the

Chicago and East St. Louis ozone nonattainment areas. Section 172 (b)

and (c) of the Act, as amended in 1977, require that for stationary

sources, an approvable SIP must include legally enforceable

requirements reflecting the application of reasonably available control

technology (RACT).\2\

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\1\The requirements for an approvable SIP are described in a

``General Preamble'' for part D rulemaking published at 44 FR 20372

(April 4, 1979), 44 FR 38583 (July 2, 1979), 44 FR 50371 (August 28,

1979), 44 FR 53761 (September 17, 1979), and 44 FR 67182 (November

23, 1979). On January 22, 1981, (46 FR 7182), USEPA published

guidance for the development of 1982 ozone SIPS in ``State

Implementation Plans: Approval of 1982 Ozone and Carbon Monoxide

Plan Revisions for Areas Needing an Attainment Date Extension.''

\2\A definition of RACT is contained in a December 9, 1976,

memorandum from Roger Strelow, former Assistant Administrator of Air

and Waste Management and is cited in a General Preamble-Supplement

on Control Technique Guidelines (CTGs), published at 44 FR 53761,

53762 (September 17, 1979). RACT is defined as the lowest emission

limitation that a particular source is capable of meeting by the

application of control technology that is reasonably available,

considering technological and economic feasibility.

The USEPA published CTGs in order to assist the States in

determining RACT. The CTGs provide information on available air

pollution control techniques and provide recommendations on what the

USEPA considers the ``presumptive norm'' for RACT. The Group I CTGs

were issued in 1977, the Group II CTGs were issued in 1978, and the

Group III CTGs were issued between 1982 and 1984.

All other sources which are not covered by a CTG are referred to

as ``non-CTG'' sources. Prior to the Clean Air Act Amendments of

1990 ``Non-CTG major sources'' had the potential to emit more than

100 tons of VOC per year.

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On February 21, 1980 (45 FR 11472), USEPA approved Illinois' RACT I

(or Group I) rules. These rules (which applied statewide), all

contained in Pollution Control Board Rule 205 (Organic Material

Emission Standards and Limitations), consisted of the following

subsections: (a) Storage, (b) Loading, (c) Organic Material-Water

Separation, (d) Pumps, (e) Architectural Coatings, (f) Use of Organic

Material, (g) Waste Gas Disposal, (h) Emissions During Clean-up

Operations and Organic Material Disposal, (i) Testing Method for

Determination of Emissions of Organic Material, (j) Compliance Dates,

(k) Solvent cleaning, (l) Petroleum Refineries, (m) Compliance

Schedules, (n) Surface Coating, (o) Bulk Gasoline Plants, Bulk Gasoline

Terminals, and Petroleum Liquid Storage Tanks, (p) Gasoline Dispensing

Facility, (q) Cutback Asphalt, and (r) Operation of Oil Fired and

Natural Gas Afterburners.

On November 21, 1987 (52 FR 45333), USEPA approved a portion of

Illinois' RACT II (or Group II) rules that were submitted to USEPA on

January 28, 1983. The approved rules (which applied statewide), also

all contained in Pollution Control Board Rule 205, consisted of the

following: (l) Petroleum Refinery Leak rules, which were added to

subsection (l), (t) Manufacture of Pneumatic Rubber Tires, and (u) Dry

Cleaning.

On October 14, 1983, after submission of its RACT II rules,

Illinois recodified its VOC rules from Pollution Control Board Rule 205

into Part 215 of Title 35 of the Illinois Administrative Code. Certain

minor modifications were also made in the process of recodification.

On May 26, 1988, Valdas V. Adamkus, Regional Administrator, USEPA,

Region 5, notified former Governor James R. Thompson, pursuant to

section 110(a)(2)(H) of the preamended Act, that the Illinois SIP was

substantially inadequate to achieve the NAAQS for ozone in parts of

Illinois. This letter to the Governor further stated that Illinois was

required under the Act, as amended in 1977, to correct the deficiencies

and inconsistencies in its existing VOC regulations. A June 17, 1988,

SIP call follow-up letter to IEPA identified the deficiencies and

inconsistencies in Illinois' existing VOC stationary source RACT

regulations that had been previously approved by USEPA. This letter

also referred to required VOC regulations that had been submitted by

Illinois to USEPA and that were undergoing USEPA review. USEPA

published an information notice on September 7, 1988, (53 FR 34500) on

the call for a SIP revision and on guidance documents, including the

May 25, 1988, document, ``Issues Relating to VOC Regulation Cutpoints,

Deficiencies, and Deviations'' (Bluebook).

On April 1, 1987, the State of Wisconsin filed a complaint in the

United States District Court for the Eastern District of Wisconsin

against USEPA and sought a judgment that USEPA, among other requested

actions, be required to promulgate revisions to the Illinois ozone SIP

for northeastern Illinois. Wisconsin v. Reilly, No. 87-C-0395, E.D.

Wis. The State of Illinois intervened in this action. On January 18,

1989, the District Court ordered that USEPA promulgate an ozone

implementation plan for northeastern Illinois within 14 months of the

date of that order. On September 22, 1989, USEPA and the States of

Illinois and Wisconsin signed a settlement agreement in an attempt to

substitute a more acceptable schedule for promulgation of a plan for

the control of ozone in the Chicago area. On November 6, 1989, the

District Court vacated its prior order and ordered all further

proceedings stayed, pending the performance of the settlement

agreement.

The settlement agreement calls for the use of a more sophisticated

air quality model, allows more time for USEPA to promulgate a Federal

Implementation Plan (FIP) using the model, and requires interim

emission reductions while the modeling study is being performed. The

interim emission reductions were to be achieved by the Federal

promulgation of required VOC RACT rules, as discussed below.

On June 29, 1990, (55 FR 26814) USEPA took final rulemaking action

to address the part D requirement for RACT for the Chicago portion of

the Illinois SIP and to satisfy requirements in the settlement

agreement. This rulemaking: (a) Adopted Federal RACT rules for

inclusion in the Illinois plan, (b) approved certain pending State RACT

rules for inclusion in the Illinois plan and (c) disapproved certain

State rules. This notice established a comprehensive set of RACT rules

applicable to the VOC sources in Cook, DuPage, Kane, Lake, McHenry, and

Will Counties in Illinois. The resultant plan for Illinois consists of

some federally approved (State) rules and some federally promulgated

(Federal) rules. At the time, this mixed Federal-State rule approach

provided the best model for the State to eventually secure a total

federally approved State plan by indicating the corrections Illinois

must make in its rules, and was consistent with the District Court's

orders.

Requirements of Amended Act

The Clean Air Act Amendments of 1990 (amended Act) were enacted on

November 15, 1990. Public Law 101-549, 104 Stat. 2399, codified at 42

U.S.C. 7401-7671q. In amended section 182(a)(2)(A), Congress

statutorily adopted the requirement that ozone nonattainment areas

``fix-up'' their deficient RACT rules for ozone. Areas designated

nonattainment before enactment of the Amendments and which retained

that designation and were classified as marginal or above as of

enactment were required to meet the RACT fix-up requirement. Under

section 182(a)(2)(A), those areas were required by May 15, 1991, to

correct RACT as it was required under pre-amended section 172(b) as

that requirement was interpreted in pre-amendment guidance.\3\ The SIP

call letters interpreted that guidance and indicated corrections

necessary for specific nonattainment areas. The Chicago nonattainment

area is classified as severe and the East St. Louis area is classified

as moderate.\4\ Therefore, these nonattainment areas were subject to

the RACT fix-up requirement and the May 15, 1991, deadline.

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\3\Among other things, the pre-amendment guidance consists of

the VOC RACT portions of the Post-87 policy, 52 FR 45044 (Nov. 24,

1987); the Bluebook, ``Issues Relating to VOC Regulation Cutpoints,

Deficiences and Deviations, Clarification to Appendix D of November

24, 1987 Federal Register Notice'' (of which notice of availability

was published in the Federal Register on May 25, 1988); and the

existing CTGs.

\4\These areas retained their designation of nonattainment and

were classified by operation of law pursuant to sections 107(d) and

181(a) upon enanctment of the Amendments. 56 FR 56694 (Nov. 6,

1991).

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In amended section 182(b)(2), the RACT ``catch-ups'', Congress

statutorily adopted the requirements that VOC sources in newly

designated ozone nonattainment areas be subject to RACT, VOC sources

covered by a CTG be subject to RACT, and all other major VOC sources be

subject to RACT. Amended section 182 revises the yearly quantity of VOC

emissions necessary for a source to be considered major for serious,

severe, and extreme ozone nonattainment areas from 100 tons VOC per

year to 50, 25, and 10 tons VOC per year, respectively.

Submitted Regulations

On September 11, 1991, and March 15, 1993, IEPA submitted VOC RACT

rules for the Chicago and East St. Louis ozone nonattainment areas.

USEPA identified, in a May 8, 1992, letter to IEPA, the deficiencies in

the VOC RACT corrections that were submitted by IEPA on September 11,

1991. In order to correct the VOC rules submitted on September 11,

1991, IEPA submitted, on March 15, 1993, proposed amendments to 35 IAC

Parts 218 and 219 and amendments to Parts 203 and 211 that are related

to the amendments to Parts 218 and 219. Part 218 is a comprehensive set

of VOC regulations for the Chicago area and Part 219 is an almost

identical set of VOC RACT regulations for the East St. Louis area. The

amendments submitted to USEPA on March 15, 1993, were also filed with

the IPCB on March 15, 1993. IEPA requested that USEPA proceed with

parallel processing for this SIP submittal because it had not been

adopted by the IPCB.

Those sections contained in the March 15, 1993, submittal supersede

the same sections in the September 11, 1991, submittal. These rules

were fashioned after the Federal RACT rules and State-submitted rules

that were approved by USEPA on June 29, 1990, as well as other State

rules previously approved by USEPA. These rules also expand the

geographic coverage of Illinois VOC RACT rules to the nonattainment

areas of Aux Sable and Goose Lake Townships in Grundy County and Oswego

Township in Kendall County. These areas were not designated

nonattainment under the pre-amended Act and, therefore, were not

subject to the RACT fix-up requirement. However, these areas are

subject to RACT requirements under the RACT ``catch-up'' provisions. To

the extent USEPA is approving the State's submittal as meeting RACT,

USEPA has determined that the State has met part of the RACT catch-up

obligation for Aux Sable and Goose Lake Townships in Grundy County and

Oswego Township in Kendall County.

Listing of Nonattainment VOC Rules

In the rules, the definition of ``volatile organic material'' was

deleted from Part 203 and moved to Part 211. The abbreviations and

units from Parts 218 and 219 were moved to Part 211. In addition, the

definitions in Parts 218 and 219 have been moved to and integrated with

the definitions in Part 211. The rules contained in Part 218 are listed

below (a listing for Part 219 would be the same except that each

section would start with ``219'' instead of ``218''):

PART 218--ORGANIC MATERIAL EMISSION STANDARDS AND LIMITATIONS FOR

THE CHICAGO AREA

Subpart A: General Provisions

Sec.

218.100 Introduction

218.101 Savings Clause

218.102 Abbreviations and Conversion Factors

218.103 Applicability

218.104 Definitions

218.105 Test Methods and Procedures

218.106 Compliance Dates

218.107 Operation of Afterburners

218.108 Exemptions, Variations, and Alternative Means of Control or

Compliance Determinations

218.109 Vapor Pressure of Volatile Organic Liquids

218.110 Vapor Pressure of Organic Material or Solvents

218.111 Vapor Pressure of Volatile Organic Material

218.112 Incorporation by Reference

Subpart B: Organic Emissions From Storage and Loading Operations

218.121 Storage Containers

218.122 Loading Operations

218.123 Petroleum Liquid Storage Tanks

218.124 External Floating Roofs

Subpart C: Organic Emission From Miscellaneous Equipment

218.141 Separation Operations

218.142 Pumps and Compressors

218.143 Vapor Blowdown

218.144 Safety Relief Valves

Subpart E: Solvent Cleaning

218.181 Solvent Cleaning in General

218.182 Cold Cleaning

218.183 Open Top Vapor Degreasing

218.184 Conveyorized Degreasing

218.186 Test Methods

Subpart F: Coating Operations

218.204 Emission Limitations

218.205 Daily-Weighted Average Limitations

218.206 Solids Basis Calculation

218.207 Alternative Emission Limitations

218.208 Exemptions from Emission Limitations

218.209 Exemption from General Rule on Use of Organic Material

218.210 Compliance Schedule

218.211 Recordkeeping and Reporting

Subpart G: Use of Organic Material

218.301 Use of Organic Material

218.302 Alternative Standard

218.303 Fuel Combustion Emission Units

218.304 Operations with Compliance Program

Subpart H: Printing and Publishing

218.401 Flexographic and Rotogravure Printing

218.402 Applicability

218.403 Compliance Schedule

218.404 Recordkeeping and Reporting

218.405 Heatset-Web-Offset Lithographic Printing

Subpart Q: Leaks From Synthetic Organic Chemical and Polymer

Manufacturing Plant

218.421 General Requirements

218.422 Inspection Program Plan of Leaks

218.423 Inspection Program for Leaks

218.424 Repairing Leaks

218.425 Recordkeeping for Leaks

218.426 Report for Leaks

218.427 Alternative Program for Leaks

218.428 Open-Ended Valves

218.429 Standards for Control Devices

Subpart R: Petroleum Refining and Related Industries; Asphalt Materials

218.441 Petroleum Refinery Waste Gas Disposal

218.442 Vacuum Producing Systems

218.443 Wastewater (Oil/Water) Separator

218.444 Process Unit Turnarounds

218.445 Leaks: General Requirements

218.446 Monitoring Program Plan for Leaks

218.447 Monitoring Program for Leaks

218.448 Recordkeeping for Leaks

218.449 Reporting for Leaks

218.450 Alternative Program for Leaks

218.451 Sealing Device Requirements

218.452 Compliance Schedule for Leaks

Subpart S: Rubber and Miscellaneous Plastic Products

218.461 Manufacture of Pneumatic Rubber Tires

218.462 Green Tire Spraying Operations

218.463 Alternative Emission Reduction Systems

218.464 Emission Testing

Subpart T: Pharmaceutical Manufacturing

218.480 Applicability

218.481 Control of Reactors, Distillation Units, Crystallizers,

Centrifuges and Vacuum Dryers

218.482 Control of Air Dryers, Production Equipment Exhaust Systems

and Filters

218.483 Material Storage and Transfer

218.484 In-Process Tanks

218.485 Leaks

218.486 Other Emission Units

218.487 Testing

218.488 Monitoring for Air Pollution Control Equipment

218.489 Recordkeeping for Air Pollution Control Equipment

Subpart V: Air Oxidation Processes

218.525 Emission Limitations for Air Oxidation Processes

218.526 Testing and Monitoring

Subpart W: Agriculture

218.541 Pesticide Exception

Subpart X: Construction

218.561 Architectural Coatings

218.562 Paving Operations

218.563 Cutback Asphalt

Subpart Y: Gasoline Distribution

218.581 Bulk Gasoline Plants

218.582 Bulk Gasoline Terminals

218.583 Gasoline Dispensing Operations

218.584 Gasoline Delivery Vessels

218.585 Gasoline Volatility Standards

218.586 Gasoline Dispensing Operations--Motor Vehicle Fueling

Operations

Subpart Z: Dry Cleaners

218.601 Perchloreoethylene Dry Cleaners

218.602 Exemptions

218.603 Leaks

218.607 Standards for Petroleum Solvent Dry Cleaners

218.608 Operating Practices for Petroleum Solvent Dry Cleaners

218.609 Program for Inspection and Repair of Leaks

218.610 Testing and Monitoring

218.611 Exemption for Petroleum Solvent Dry Cleaners

Subpart AA: Paint and Ink Manufacturing

218.620 Applicability

218.621 Exemption for Waterbase Material and Heatset-Offset Ink

218.623 Permit Conditions

218.624 Open-Top Mills, Tanks, Vats or Vessels

218.625 Grinding Mills

218.626 Storage Tanks

218.628 Leaks

218.630 Clean Up

218.636 Compliance Schedule

218.637 Recordkeeping and Reporting

Subpart BB: Polystyrene Plants

218.640 Applicability

218.642 Emissions Limitations at Polystyrene Plants

218.644 Emissions Testing

Subpart PP: Miscellaneous Fabricated Product Manufacturing Processes

218.920 Applicability

218.923 Permit Conditions

218.926 Control Requirements

218.927 Compliance Schedule

218.928 Testing

Subpart QQ: Miscellaneous Formulation Manufacturing Processes

218.940 Applicability

218.943 Permit Conditions

218.946 Control Requirements

218.947 Compliance Schedule

218.928 Testing

Subpart RR: Miscellaneous Organic Chemical Manufacturing Processes

218.960 Applicability

218.963 Permit Conditions

218.966 Control Requirements

218.967 Compliance Schedule

218.968 Testing

Subpart TT: Other Emission Units

218.980 Applicability

218.983 Permit Conditions

218.986 Control Requirements

218.987 Compliance Schedule

218.988 Testing

Subpart UU: Recordkeeping and Reporting

218.990 Exempt Emission Units

218.991 Subject Emission Units

Proposed Rulemaking Action

On September 22, 1993, USEPA proposed to approve Illinois' VOC RACT

corrections contained in Part 218 (for the Chicago ozone nonattainment

area) and Part 219 (for the East St. Louis ozone nonattainment area)

and the related definitions in Part 211, as submitted on September 11,

1991 and March 15, 1993, (58 FR 49258). These rules were parallel

processed, at IEPA's request, because the rules submitted on March 15,

1993, had not as yet been finally adopted by Illinois. USEPA proposed

to approve these rules, based upon the interpretations contained in the

notice of proposed rulemaking (NPR), because they were primarily based

upon the Chicago FIP and/or other USEPA RACT guidance (especially the

Bluebook). USEPA stated in the NPR that it ``will take final action on

these rules after the proposed revisions have been adopted and

submitted by Illinois and they have been evaluated in accordance with

the Act and applicable USEPA RACT guidance. These rules will be finally

approved if they are adopted in final in their current form and include

the previously identified clarifications. If Illinois does not adopt

and submit these rules to USEPA, USEPA will repropose action based upon

the September 11, 1991, submittal.'' 58 FR 49262.

Analysis of Finally Adopted Rules

The rules submitted for parallel processing on March 15, 1993, were

adopted in final by the Illinois Pollution Control Board (IPCB) on

September 9, 1993, and submitted to USEPA on October 21, 1993. This

part of the notice lists those clarifications that were stated in the

NPR to be required, the additional changes which USEPA recommended, and

USEPA's interpretation of certain Illinois regulations. In addition,

certain other aspects of these regulations are discussed, as

appropriate.

This notice of final rulemaking (NFR) approves Illinois' rule

corrections submitted on September 11, 1991, and October 21, 1993,

except for the major non-CTG rules in subpart PP, subpart QQ, subpart

RR, Subpart TT and Subpart UU. These major non-CTG rules were changed

between the March 15, 1993, proposal and the finally adopted rule

(submitted on October 21, 1993) and will therefore be the subject of a

separate rulemaking action.

Part 211: Definitions

In general, the definitions in Part 211 are the same as previously

approved definitions and/or are consistent with USEPA guidance.

However, USEPA recommended in the NPR that the following definitions be

revised as indicated to ensure that the regulations they apply to are

enforceable and consistent with RACT. Although Illinois did not make

these changes, USEPA has determined that these definitions are

sufficient for the purposes of RACT. Although these definitions could

be worded more clearly, it is not likely that they will be applied in a

manner inconsistent with USEPA's recommendations in the NPR, which are

repeated below. Therefore, Illinois' failure to make the recommended

changes should not have an impact on air quality.

Section 211.2950 ``Heavy off-highway vehicle products

coating line''--The last sentence of this definition lacks parallel

structure. The intended concept (that a high temperature aluminum

coating is not a heavy off-highway vehicle products coating) could be

better conveyed by deleting the second sentence and adding ``other than

high temperature aluminum,'' between ``functional'' and ``coating'' in

the first sentence.

Section 211.3750 ``Metal Furniture Coating Line''--The

last sentence of this definition lacks parallel structure. The concept

(that adhesive is not a metal furniture coating) could be better

conveyed by deleting the second sentence and adding ``non-adhesive''

between ``functional'' and ``coating'' in the first sentence.

Section 211.4470 ``Paper Coating'' and Section 211.4490

``Paper Coating Line''--USEPA recommended that Illinois clarify that

printing is not paper coating and printing presses are not paper

coating lines.

Section 211.5510 ``Reid Vapor Pressure''--This definition

could be clarified by revising the phrase ``(if not referenced in the

section where the term is used)'' to ``(if a specific method is not

referenced in the section where the term is used).''

Section 211.7090 ``Vinyl Coating Line''--This definition

would be more accurate and internally consistent if the phrase ``means

a coating line'' is changed to ``means a coating or printing line.''

Part 218

USEPA is approving the following sections, which were previously

adopted by the IPCB and submitted to USEPA on September 11, 1991:

Sections 108, 142, 442, 444, 448, 451, 484, 488, 526, 561, 563, 607,

625, 626 and 630. These sections were not revised in the October 21,

1993, submittal.

Section 218.101 Savings Clause--Subsection 218.101(a) ensures that

prior applicability dates and control requirements in Part 215, which

no longer applies to the Chicago and East St. Louis ozone nonattainment

areas, remain in effect. However, this subsection refers to ``emission

units'' formerly subject to Part 215 and dates and schedules applicable

to the ``emission unit'' in accordance with Part 215. It is USEPA's

understanding that this change in terminology regarding the regulated

entity (the term ``emission unit'' is not used in Part 215) in no way

changes the intended requirements of this subsection, namely that

entities formerly subject to Part 215 shall have complied with Part

215. Also, Illinois clarified the last sentence of this subsection by

changing it to: ``All compliance dates or schedules found in 35 Ill.

Adm. Code 215 are not superseded by this part and remain in full force

and effect.'' This revision satisfies the concern, regarding the

clarity of the sentence that was replaced, raised by USEPA in the NPR.

Subsection 218.101(b) states, ``Nothing in this Part shall affect

the responsibility of any owner or operator that is now or has been

subject to the FIP to comply with its requirements thereunder by the

dates specified in the FIP.'' This means that sources subject to FIP

requirements are not relieved of these requirements upon approval of

Part 218 by USEPA. For example, 40 CFR 52.741(y)(2) (in the FIP)

requires that sources subject to the major non-CTG rules in paragraphs

(u), (v), (w), and (x) comply with the following:

(A) By July 1, 1991, or upon initial start-up of a new emission

source, the owner or operator of the subject VOM emission source

shall perform all tests and submit to the Administrator the results

of all tests and calculations necessary to demonstrate that the

subject emission source will be in compliance on and after July 1,

1991, or on and after the initial start-up date.

This requirement will remain in effect even after USEPA approves (in a

separate rulemaking) the sections in Part 218 containing Illinois'

major non-CTG rules.

Section 218.103 Applicability--The first paragraph of this section

expands the applicability of Part 218 to Aux Sable Township and Goose

Lake Township in Grundy County and Oswego Township in Kendall County.

Cook, DuPage, Kane, Lake, McHenry, and Will Counties have previously

been covered by Part 218. These areas are all nonattainment for ozone.

However, in order to satisfy USEPA's concerns raised in the NPR, the

use of ``or'' in this paragraph was replaced by ``and'' because the

Chicago area is made up of all of these areas in total.

Subsection 218.103(a) discusses the applicability of Part 218 to

certain parties who have challenged USEPA's June 29, 1990, rulemaking

in Illinois Environmental Regulatory Group et al. v. EPA, No. 90-2778

(and consolidated cases) (7th Cir. 1990). Under this rule, the rules

adopted by Illinois in Part 218 do not apply to certain FIP appellants

for which USEPA agreed to stay the FIP and reconsider RACT. Rather,

these sources/appellants are covered by either stays pending

reconsideration or newer Federal rules promulgated as the result of

USEPA's reconsiderations. As also stated in this subsection, the FIP

remains the applicable implementation plan for any source whose stay

has been terminated and for which a Federal Register notice either

revising or affirming the provisions of the FIP specifically applicable

to such source has not been published.

Subsection 218.103(b) includes a Board Note which states that this

subsection (which exempts certain sources from Part 218) shall be

effective at the Federal level only upon approval by USEPA. Therefore,

subsection 218.103(b) only allows a source to be exempted from Part 218

if and when such an exemption is approved by USEPA.

Section 218.105 Test Methods and Procedures--Subsection 218.105(b)

includes new language which allows use of the topcoat protocol for

primer surfacer operations at automobile or light duty truck assembly

plants, as provided in 218.204(a).

Subsection 218.105(c)(1)(B) allows a longer averaging period than

is contained in the Chicago FIP when using the ``liquid/liquid'' mass

balance measurement method. The ``liquid/liquid'' method can be used by

solvent recovery devices as an alternative to capture efficiency

testing. The Chicago FIP requires that the ``liquid/liquid'' method be

performed every day. USEPA agrees that use of the ``liquid/liquid''

method with a 7-day rolling period is acceptable for all solvent

recovery systems. A source that believes that a 7-day rolling period is

not appropriate may use an alternative multi-day rolling period, with

the approval of IEPA and the USEPA.

Subsection 218.105(i)--In the NPR, USEPA recommended that the word

``specific'' in this subsection, which deals with IEPA requests for

testing, be changed to ``specified'' in order to convey the intended

meaning. Although Illinois did not make this change, the meaning of

this subsection is sufficiently clear to be implemented correctly.

Section 218.204(a) Automobile or Light-Duty Truck Coating--

Language has been added to this subsection to allow for the use of the

topcoat protocol by primer surfacer operations to demonstrate

compliance with this limit. This would allow the Ford Motor Company,

the only source affected by this change, to get credit for improved

transfer efficiency (above 30 percent).

Subsections 218.402(a)(2) and 218.405(a)(1)(B) allow sources to

avoid the applicability of specified printing rules, provided a source

has a federally enforceable permit that limits emissions to below the

applicable cutoff through capacity or production limitations. This

subsection is approvable because USEPA can deem a permit to be ``not

federally enforceable'' in a letter to IEPA. Upon issuance of such a

letter, the source is no longer protected by the permit referenced in

the subject subsections. The source would then be subject to the SIP

requirements if its ``maximum theoretical emissions'' exceed the

applicable cutoff. This is consistent with USEPA's December 17, 1992,

approval of Illinois' operating permit program which states: ``In

approving the State operating program USEPA is determining that

Illinois' program allows USEPA to deem an operating permit not

'federally enforceable' for purposes of limiting potential to emit and

to offset creditability.'' (57 FR 59928, 59930). IEPA has agreed to

this approach and specified the applicable procedures in a March 26,

1993, letter to USEPA. In summary, this subsection is approvable

because USEPA can invalidate the protection provided by an operating

permit by deeming such operating permit to be ``not federally

enforceable'' in a letter to IEPA.

Section 218.405 Heatset-Web-Offset-Lithographic Printing--USEPA

stated in the NPR that Subsection 218.405(a), which deals with

applicability, must be modified to clarify that emissions from cleanup

solvents are to be included in determining the maximum theoretical

emissions. Illinois made this correction.

Subsection 218.405(c)(A)(ii) (Recordkeeping and Reporting for

Heatset-Web-Offset Lithographic Printing)--In the NPR, USEPA stated

that this subsection should be revised so that ``G'' rather than ``B''

is defined as: ``The greatest volume of cleanup material or solvent

used in any 8-hour period and * * *.'' This revision is required to

make the defined symbol consistent with the subject applicability

equation. Illinois made this change.

Part 219

The discussion of Part 218, except with regard to section 218.103

(applicability), applies to Part 219. The previously adopted version of

section 219.103 remains in effect.

Public Comment

In its October 20, 1993, comments R.R. Donnelley & Sons Company

(RRD) and the Printing Industries of Illinois and Indiana (PII)

expressed concern about Section 218.105(c)(1)(B) of Illinois' rules.

That provision requires sources utilizing the liquid-liquid (material

balance) method for determining overall efficiency to compute the

recovery ratio within 72 hours after each measuring period. RRD/PII

claim that ``USEPA represented that the preamble to the promulgation/

approval of that revised rule would contain language substantially in

the form appended hereto acknowledging the opportunity for affected

printers to obtain additional time for completion of the calculation of

the recovery ratio and the showing that would be needed to obtain such

an exception. We do not find that language in the September 22 preamble

and urge its inclusion in the agency's final action on the rules.''

USEPA did agree with RRD/PII that if USEPA promulgated Federal

revisions to its ``liquid-liquid'' rules (in the Chicago FIP), then

USEPA would include the language referenced by RRD/PII in its proposal.

USEPA's agreement with RRD/PII, and the indicated language, were

submitted to IEPA on March 4, 1993. However, USEPA did not promulgate

such revisions because it found IEPA's rules to be approvable.

Furthermore, Illinois has apparently elected to not incorporate this

language in its adopted rules and accompanying regulatory narrative.

Therefore, it would be inappropriate for USEPA to include such language

in the preamble to its action on the State rules.

Final Rulemaking Action

For the reasons discussed above, Illinois' VOC RACT corrections

contained in Part 218 (for the Chicago ozone nonattainment area), Part

219 (for the East St. Louis ozone nonattainment area) and the related

definitions in Part 211, as submitted on September 11, 1991, and

October 21, 1993, are being approved with the exception of the major

non-CTG rules in subparts PP, QQ, RR, TT, and UU (for both Part 218 and

219). These major non-CTG rules will be the subject of a separate

future rulemaking action because they were changed (between the

proposed and final rules).

This rule largely completes approval of those Illinois' VOC

regulations intended to replace the Chicago FIP, which was promulgated

June 29, 1990 (55 FR 26814) and codified at 40 CFR 52.741. These

approved State rules replace the Chicago FIP, as the federally

enforceable VOC rule, except as indicated below:

(1) Illinois' major non-CTG sources in the Chicago area, subject

to paragraph u, v, w, or x because of the applicability criteria in

these paragraphs, continue to be subject to paragraphs u, v, w, x,

and in addition they remain subject to the recordkeeping

requirements in paragraph y and any related parts of section 52.741

necessary to implement these paragraphs, e.g., those paragraphs

containing test methods, definitions, etc.

(2) In accordance with Section 218.101(b), all FIP requirements

remain in effect (and are enforceable after the effective date of

this SIP revision) for the period prior to the effective date of

this SIP revision .

(3) Any source that received a stay, as indicated in Section

218.103(a)(2), remains subject to the stay if still in effect, or

(if the stay is no longer in effect) the federally promulgated rule

applicable to such source.

As of the effective date of this final action, these rules are the

sole federally enforceable control strategy for sources of VOC located

in the Chicago area.

This action has been classified as a Table 2 action by the Regional

Administrator under the procedures published in the Federal Register on

January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993,

memorandum from Michael H. Shapiro, Acting Assistant Administrator for

Air and Radiation. The Office of Management and Budget (OMB) has

exempted this regulatory action from Executive Order 12866 review.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any SIP. Each request for revision to any SIP shall be

considered separately in light of specific technical, economic and

environmental factors and in relation to any relevant statutory and

regulatory requirement.

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

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, USEPA 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, I certify 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 regulatory flexibility analysis would constitute

Federal inquiry into the economic reasonableness of state action. The

Act forbids USEPA to base its actions concerning SIPs on such grounds.

Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976);

42 U.S.C. 7410(a)(2).

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 November 8, 1994. 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, Hydrocarbons,

Incorporation by reference, Intergovernmental relations, Ozone,

Reporting and recordkeeping requirements.

Dated: August 17, 1994.

Valdas V. Adamkus,

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.

Subpart O--Illinois

2. Section 52.720 is amended by adding paragraphs (c)(100) and

(101) to read as follows:

Sec. 52.720 Identification of plan.

* * * * *

(c) * * *

(100) On October 21, 1993, the State submitted definitions codified

as part of the Illinois Administrative Code for incorporation in the

Illinois State Implementation Plan.

(i) Incorporation by reference.

Illinois Administrative Code Title 35: Environmental Protection,

Subtitle B: Air Pollution, Chapter I: Pollution Control Board,

Subchapter c: Emission Standards and Limitations for Stationary

Sources, Part 211 Definitions and General Provisions, Subpart A:

General Provisions: Sections 211.101 and 211.102, Subpart B:

Definitions, Sections 211.121, 211.130, 211.150, 211.170, 211.210,

211.230, 211.250, 211.290, 211.310, 211.330, 211.350, 211.370, 211.390,

211.410, 211.430, 211.450, 211.470, 211.490, 211.510, 211.530, 211.550,

211.570, 211.590, 211.610, 211.630, 211.650, 211.670, 211.690, 211.710,

211.730, 211.750, 211.770, 211.790, 211.810, 211.830, 211.850, 211.870,

211.890, 211.910, 211.930, 211.950, 211.970, 211.990, 211.1010,

211.1050, 211.1090, 211.1110, 211.1130, 211.1150, 211.1170, 211.1190,

211.1210, 211.1230, 211.1250, 211.1270, 211.1290, 211.1310, 211.1330,

211.1350, 211.1370, 211.1390, 211.1410, 211.1430, 211.1470, 211.1490,

211.1510, 211.1530, 211.1550, 211.1570, 211.1590, 211.1610, 211.1630,

211.1650, 211.1670, 211.1690, 211.1710, 211.1730, 211.1750, 211.1770,

211.1790, 211.1810, 211.1830, 211.1850, 211.1870, 211.1890, 211.1910,

211.1930, 211.1950, 211.1970, 211.1990, 211.2010, 211.2050, 211.2070,

211.2090, 211.2110, 211.2130, 211.2150, 211.2170, 211.2190, 211.2210,

211.2230, 211.2250, 211.2270, 211.2310, 211.2330, 211.2350, 211.2370,

211.2390, 211.2410, 211.2430, 211.2450, 211.2470, 211.2490, 211.2510,

211.2530, 211.2550, 211.2570, 211.2590, 211.2650, 211.2670, 211.2690,

211.2710, 211.2730, 211.2750, 211.2770, 211.2790, 211.2810, 211.2830,

211.2850, 211.2870, 211.2890, 211.2910, 211.2930, 211.2950, 211.2970,

211.2990, 211.3010, 211.3030, 211.3050, 211.3070, 211.3090, 211.3110,

211.3130, 211.3150, 211.3170, 211.3190, 211.3210, 211.3230, 211.3250,

211.3270, 211.3290, 211.3310, 211.3330, 211.3350, 211.3370, 211.3390,

211.3410, 211.3430, 211.3450, 211.3470, 211.3490, 211.3510, 211.3530,

211.3550, 211.3570, 211.3590, 211.3610, 211.3630, 211.3650, 211.3670,

211.3690, 211.3710, 211.3730, 211.3750, 211.3770, 211.3790, 211.3810,

211.3830, 211.3850, 211.3870, 211.3890, 211.3910, 211.3930, 211.3970,

211.3990, 211.4010, 211.4030, 211.4050, 211.4070, 211.4090, 211.4110,

211.4130, 211.4150, 211.4170, 211.4190, 211.4210, 211.4230, 211.4250,

211.4270, 211.4290, 211.4310, 211.4330, 211.4350, 211.4370, 211.4390,

211.4410, 211.4430, 211.4450, 211.4470, 211.4490, 211.4510, 211.4530,

211.4550, 211.4590, 211.4610, 211.4630, 211.4650, 211.4670, 211.4690,

211.4710, 211.4730, 211.4750, 211.4770, 211.4790, 211.4810, 211.4870,

211.4890, 211.4910, 211.4930, 211.4950, 211.4990, 211.5030, 211.5050,

211.5070, 211.5090, 211.5110, 211.5130, 211.5150, 211.5170, 211.5185,

211.5190, 211.5210, 211.5230, 211.5250, 211.5270, 211.5310, 211.5330,

211.5350, 211.5370, 211.5410, 211.5430, 211.5450, 211.5470, 211.5490,

211.5510, 211.5550, 211.5570, 211.5590, 211.5610, 211.5630, 211.5650,

211.5670, 211.5690, 211.5710, 211.5730, 211.5750, 211.5770, 211.5790,

211.5810, 211.5830, 211.5850, 211.5870, 211.5890, 211.5910, 211.5930,

211.5950, 211.5970, 211.5990, 211.6010, 211.6030, 211.6050, 211.6070,

211.6090, 211.6130, 211.6150, 211.6190, 211.6210, 211.6230, 211.6270,

211.6290, 211.6310, 211.6330, 211.6350, 211.6370, 211.6390, 211.6410,

211.6430, 211.6450, 211.6470, 211.6490, 211.6510, 211.6530, 211.6550,

211.6570, 211.6590, 211.6610, 211.6670, 211.6690, 211.6730, 211.6750,

211.6770, 211.6790, 211.6810, 211.6850, 211.6870, 211.6890, 211.6910,

211.6930, 211.6950, 211.6970, 211.6990, 211.7010, 211.7030, 211.7070,

211.7090, 211.7110, 211.7130, 211.7150, 211.7170, 211.7190, 211.7210,

211.7230, 211.7250, 211.7270, 211.7290, 211.7310, 211.7330, 211.7350.

These section were added at 17 Ill. Reg. 16504, effective September

27, 1993.

(101) On October 21, 1993, the state submitted volatile organic

compound (VOC) control regulations for incorporation in the Illinois

State Implementation for ozone.

(i) Incorporation by reference.

(A) 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 Subparts A, B, C, E, F, G, H, Q, R, S, T, V, W, X,

Y, Z, AA, BB, and Section 218.

Appendix A, B, C, and D. These regulations were adopted at R91-7 at

15 Ill. Reg. 12231, effective August 16, 1991; amended in R91-23 at

Ill. Reg. 13564, effective August 24, 1992; amended in R91-28 and R91-

30 at 16 Ill. Reg. 13864, effective August 24, 1992; amended in R93-9

at 17 Ill. Reg. 16636, effective September 27, 1993. The specific

adoption and effective dates of the rules incorporated by reference

follow.

(1) Adopted at R91-7 at 15 Ill. Reg. 12231, effective August 16,

1991. Subpart A 218.108; Subpart C: 218.142; Subpart R: 218.442,

218.444, 218.448, 218.451; Subpart T: 218.484, 218.488; Subpart V:

218.526; Subpart X: 218.561, 218.563; Subpart Z: 218.607; Subpart AA:

218.625, 218.626 and 218.630.

(2) Amended in R93-9 at 17 Ill. Reg. 16636, effective September 27,

1993. Subpart A: 218.100, 218.101, 218.102, 218.103, 218.104, 218.105,

218.106, 218.107, 218.109, 218.110, 218.111, 218.112; Subpart B:

218.121, 218.122, 218.123, 218.124; Subpart C: 218.141, 218.143,

218.144; Subpart E: 218.181, 218.182, 218.183, 218.184, 218.186;

Subpart F: 218.204, 218.205, 218.206, 218.207, 218.208, 218.209,

218.210, 218.211; Subpart G: 218.301, 218.302, 218.303, 218.304;

Subpart H: 218.401, 218.402, 218.403, 218.404, 218.405; Subpart Q:

218.421, 218.422, 218.423, 218.424, 218.425, 218.426, 218.427, 218.428,

218.429; Subpart R: 218.441, 218.443, 218.445, 218.446, 218.447,

218.449, 218.450, 218.452; Subpart S: 218.461, 218.462, 218.463,

218.464; Subpart T: 218.480, 218.481, 218.482, 218.483, 218.485,

218.486, 218.487, 218.489; Subpart V: 218.525; Subpart W: 218.541;

Subpart X: 218.562; Subpart Y: 218.581, 218.582, 218.583, 218.584,

218.585, 218.586; Subpart Z: 218.601, 218.602, 218.603, 218.608,

218.609, 218.610, 218.611; Subpart AA: 218.620, 218.621, 218.623,

218.624, 218.628, 218.636, 218.637; Subpart BB: 218.640, 218.642,

218.644, Section 218: Appendix A, Appendix B, Appendix C, Appendix D.

(B) 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 219: Organic Material Emission Standards and Limitations

for Metro East Area Subparts A, B, C, E, F, G, H, Q, R, S, T, V, W, X,

Y, Z, AA, BB and Section 219 Appendix A, B, C, and D. These regulations

were adopted at R91-8 at Ill. Reg. 12491, effective August 16, 1991;

amended in R91-24 at 16 Ill. Reg. 13597, effective August 24, 1992;

amended in R91-30 at 16 Ill. Reg. 13833, effective August 24, 1992,

emergency amendment in R93-12 at Ill. Reg. 8295, effective May 24,

1993, for a maximum of 150 days, amended in PR93-9 at 17 Ill. Reg.

16918, effective September 27, 1993 and October 21, 1993. The specific

adoption and effective dates of the rules incorporated by reference

follow.

(1) Adopted at R91-8 at 15 Ill. Reg. 12491, effective August 16,

1991: Subpart A: 219.103, 219.108; Subpart C: 219.142; Subpart R:

219.442, 219.444, 219.448, 219.451; Subpart T: 219.484, 219.488;

Subpart V: 219.526; Subpart X: 219.561, 219.563; Subpart Z: 219.607;

Subpart AA: 219.625, 219.626, 219.630.

(2) Amended in R93-9 at 17 Ill. Reg. 16918, effective September 27,

1993:

Subpart A: 219.100, 219.101, 219.102, 219.104, 219.105, 219.106,

219.107, 219.109, 219.110, 219.111, 219.112;

Subpart B: 219.121, 219.122, 219.123, 219.124;

Subpart C: 219.141, 219.143, 219.144;

Subpart E: 219.181, 219.182, 219.183, 219.184, 219.186;

Subpart F: 219.204, 219.205, 219.206, 219.207, 219.208, 219.209,

219.210, 219.211;

Subpart G: 219.301, 219.302, 219.303, 219.304;

Subpart H: 219.401, 219.402, 219.403, 219.404, 219.405;

Subpart Q: 219.421, 219.422, 219.423, 219.424, 219.425, 219.426,

219.427, 219.428, 219.429;

Subpart R: 219.441, 219.443, 219.445, 219.446, 219.447, 219.449,

219.450, 219.452;

Subpart S: 219.461, 219.462, 219.463, 219.464;

Subpart T: 219.480, 219.481, 219.482, 219.483, 219.485, 219.486,

219.487, 219.489;

Subpart V: 219.525;

Subpart W: 219.541;

Subpart X: 219.562;

Subpart Y: 219.581, 219.582, 219.583, 219.584, 219.585, 219.586;

Subpart Z: 219.601, 219.602, 219.603, 219.608, 219.609, 219.610,

219.611;

Subpart AA: 219.620, 219.621, 219.623, 219.624, 219.628, 219.636,

219.637;

Subpart BB: 219.640, 219.642, 219.644;

Section 219: Appendix A, Appendix B, Appendix C, Appendix D.

3. Section 52.741 is amended by revising paragraph (a)(2) to read

as follows:

Sec. 52.741 Control strategy: Ozone control measures for Cook, DuPage,

Kane, Lake, McHenry or Will County.

(a) * * *

(2) Applicability. Effective October 11, 1994 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

replaces the requirements of 40 CFR 52.741 Control strategy: Ozone

control measures for Cook, DuPage, Kane, Lake, McHenry and Will County

as the federally enforceable control measures in these counties except

as noted in paragraphs (a)(2)(i) through (iii) of this section.

(i) Illinois' major non-CTG sources in the Chicago area, subject to

paragraph u, v, w, or x because of the applicability criteria in these

paragraphs, continue to be subject to paragraphs u, v, w, x, and in

addition they remain subject to the recordkeeping requirements in

paragraph y and any related parts of section 52.741 necessary to

implement these paragraphs, e.g., those paragraphs containing test

methods, definitions, etc.

(ii) In accordance with Section 218.101(b), all FIP requirements

remain in effect (and are enforceable after October 11, 1994 for the

period prior to October 11, 1994.

(iii) Any source that received a stay, as indicated in Section

218.103(a)(2), remains subject to the stay if still in effect, or (if

the stay is no longer in effect) the federally promulgated rule

applicable to such source.

[FR Doc. 94-22241 Filed 9-8-94; 8:45 am]

BILLING CODE 6560-50-P