Approval and Promulgation of Implementation Plans; Illinois

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IL 45-1-5482; FRL-5131-9]

Approval and Promulgation of Implementation Plans; Illinois

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The United States Environmental Protection Agency (USEPA) is

proposing to disapprove a request by Fort Dearborn Lithograph Company

(FDLC) to incorporate certain operating restrictions for its Chicago,

Illinois, facility into the Chicago Federal Implementation Plan for

ozone (Chicago FIP). If approved by USEPA, this restriction (which

attempts to limit emissions of volatile organic compounds (VOC) to less

than 100 tons per year) would exempt FDLC from the otherwise applicable

emission limits in the Chicago FIP, as promulgated by USEPA on June 29,

1990.

DATES: Comments on this requested revision to the Chicago FIP and on

USEPA's proposed rulemaking action must be received by February 2,

1995. A public hearing, if requested, will be held in Chicago,

Illinois. Requests for a hearing should be submitted to J. Elmer

Bortzer by February 2, 1995 at the address below.

ADDRESSES: Written comments on this proposed action should be addressed

to: J. Elmer Bortzer, Chief, Regulation Development Section (AR-18J),

USEPA, Region 5, 77 West Jackson Blvd., Chicago, Illinois, 60604.

Comments should be strictly limited to the subject matter of this

proposal, the scope of which is discussed below. For information on the

hearing, interested persons may call Ms. Hattie Geisler at (312) 886-

3199. Any hearing will be strictly limited to the subject matter of

this action, the scope of which is discussed below.

Docket

Pursuant to section 307(d)(1)(B) of the Clean Air Act (Act), 42

U.S.C. 7607 (d)(1)(B), this action is subject to the procedural

requirements of section 307(d). Therefore, USEPA has established a

public docket for this action, A-94-40, which is available for public

inspection and copying between 8:00 a.m. and 4:00 p.m., Monday through

Friday, at the following addresses. We recommend that you contact

Randolph O. Cano at (312) 886-6036 before visiting the Chicago location

and the Air Docket at (202) 245-3639 before visiting the Washington

D.C. location. A reasonable fee may be charged for copying.

[[Page 89]] U.S. Environmental Protection Agency, Region 5, Regulation

Development Branch, 18th Floor Southwest, 77 West Jackson Blvd.,

Chicago, Illinois, 60604, and

U.S. Environmental Protection Agency, Docket No. A-94-40, Air Docket

(LE-131), Room M1500, Waterside Mall, 401 M Street, SW., Washington, DC

20460.

FOR FURTHER INFORMATION CONTACT: Steven Rosenthal, Regulation

Development Branch, U.S. Environmental Protection Agency, Region 5, 77

West Jackson Blvd., Chicago, Illinois 60604, (312) 886-6052.

SUPPLEMENTARY INFORMATION: Under 40 CFR 52.741(x) in the Chicago FIP,

sources located in Cook, DuPage, Kane, Lake, McHenry and Will Counties

with total Maximum Theoretical Emissions1 (MTE) of more than 100

tons per calendar year of VOC2 and which are not covered by a

Control Techniques Guideline document, must comply with certain

requirements. The rule provides an exemption, however, for sources

which are limited to 100 tons or less of VOC emissions per calendar

year, before the application of capture systems and control devices,

through production or capacity limitations contained in a federally

enforceable construction permit or a State Implementation Plan (SIP) or

FIP.

\1\Maximum theoretical emissions (MTE) is defined in 40 CFR

52.741(a)(3) as the quantity of volatile organic material emissions

that theoretically could be emitted by a stationary source before

add-on controls based on the design capacity or maximum production

capacity of the source and 8760 hours per year. The design capacity

or maximum production capacity includes use of coating(s) or ink(s)

with the highest volatile material content actually used in practice

by the source.

\2\The term ``volatile organic material'' (VOM) is used in the

Chicago FIP, in which it has the identical definition as VOC.

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On February 24, 1992, FDLC requested a FIP revision that would

impose the identical limitations on its plant operations as those

specified in a December 16, 1991, Illinois Environmental Protection

Agency (IEPA) operating permit. A copy of the IEPA operating permit was

submitted to USEPA on April 13, 1992. If granted, this FIP revision

would restrict its use of inks, overvarnish, fountain solution, acrylic

coating, washes, conditioners, and other solvents with the intent of

keeping its VOC emissions below 100 tons per year.

FDLC's requested FIP revision is not approvable for the following

reasons.

1. FDLC's permit assumes that only 5 percent of the VOC in its

overvarnish is capable of being emitted. Credit was taken for 95

percent retention in the substrate for overvarnish without any

documentation in support of this assumption. Without such

documentation, it must be assumed that 100 percent of the VOC is

emitted. Without credit for overvarnish retention, FDLC's operating

restrictions limit FDLC to 126.6 tons VOC per year, well over the 100

tons per year applicability cutoff.

2. FDLC's permit does not require that records of VOC-containing

material usage be kept. Without such records it is not possible to

determine FDLC's yearly (for each consecutive 12 month interval) VOC

emissions.

These deficiencies were discussed with a representative of FDLC on

May 20, 1992.

Proposed Rulemaking Action and Solicitation of Public Comment

For the reasons stated above, USEPA is proposing to disapprove

FDLC's request for a FIP revision in the form of operating restrictions

on the amount of VOC containing materials used. Public comment is

solicited on FDLC's requested revision and on USEPA's proposed

rulemaking action. Additionally, if requested, USEPA will provide an

opportunity for a public hearing on this proposal. All comments

received by the close of the public comment period will be considered

in the development of USEPA's final rule.

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 populations of less than 50,000.

This action involves only one source, FDLC. Therefore, USEPA

certifies that this promulgation does not have a significant impact on

a substantial number of small entities. Furthermore, as explained in

this notice, the request does not meet the requirements of the Act and

USEPA cannot approve the request.

The Office of Management and Budget has exempted this regulatory

action from Executive Order 12866 review.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Ozone.

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

Dated: December 23, 1994.

Carol M. Browner,

Administrator.

[FR Doc. 94-32296 Filed 12-30-94; 8:45 am]

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