# Approval and Promulgation of Implementation Plan; Illinois

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URL: https://www.frixlaw.com/law-library/documents/fr%3A94-22241

## Record

- **Collection:** Federal Register
- **Document type:** Uncategorized Document
- **Published:** September 9, 1994

## Text

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-22241. Public record. Not legal advice.