Approval and Promulgation of Implementation Plans; Illinois

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IL 44-1-5481; FRL-4854-4]

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 February 7, 1992, request by Service

Plastics, Inc., to incorporate certain operating restrictions for its

Elk Grove Village, 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 Service

Plastics, Inc. 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 April 25, 1994

at the address below. A public hearing, if requested, will be held in

Chicago, Illinois. Requests for a hearing should be submitted to J.

Elmer Bortzer by April 25, 1994 at the address below.

ADDRESSES: Written comments on this proposed action should be addressed

to: J. Elmer Bortzer, Chief, Regulation Development Section (5AR-18J),

U.S. Environmental Protection Agency, 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) of the Clean Air Act (Act), 42

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

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

public docket for this action, A-92-51, which is available for public

inspection and copying between 8 a.m. and 4 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 Jacqueline Brown before visiting the Washington, DC, location. A

reasonable fee may be charged for copying.

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

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

Chicago, Illinois, 60604.

U.S. Environmental Protection Agency, Docket No. A-92-51, Air

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

Washington, DC 20460, (202) 245-3639.

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 (u) and (x) in the

Chicago FIP, sources located in Cook, DuPage, Kane, Lake, McHenry and

Will Counties with total Maximum Theoretical Emissions\1\ (MTE) of more

than 100 tons per calendar year of VOC\2\ 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 revision.

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\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 organic 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 7, 1992, Service Plastics, Inc. requested a FIP

revision that would impose the identical limitations on its plant

operations as those specified in a February 13, 1992, Illinois

Environmental Protection Agency (IEPA) operating permit. If granted,

this FIP revision would restrict its use of lacquers, thinners, and

other VOC containing materials with the intent of keeping its VOC

emissions below 100 tons per year. IEPA's operating permit contains the

following limitations on the VOC content and the amount of VOC

containing materials that can be used at its ELK Grove Village

facility:

Emissions and operation of the 27 paint spray booths shall not

exceed the following limits:

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VOC ``as

Source VOC content applied'' Throughput(gal/yr) VOC

(lb/gal) (lb/gal) emissions(TPY)

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Lacquer........................... 5.55 6.2 16,000............................ 49.6

Thinner........................... 6.77 6.2 16,000............................ 49.6

Other*............................ ........... ........... 1,000 lb.......................... 0.5

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Total......................... ........... ........... .................................. 99.7

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*Other VOC containing materials, including mask wash and cleaning solvent IEPA's Operating Permit requires that

the following records be kept:

Name of each coating used with VOC content (lb/gal);

Usage of each coating (gal/mo);

VOC content of each coating as ``as applied'' (lb/gal).

An April 1, 1992, discussion with a Service Plastics, Inc.

representative revealed that the 6.2 pounds VOC per gallon of coating

limitation is merely an average, based upon the extent to which a

specific lacquer is thinned with solvent.

Service Plastics, Inc.'s requested FIP revision is not approvable

for the following reasons.

1. The 6.2 pounds VOC per gallon is not a meaningful limit. It is

merely an average VOC content of lacquers that are used.

2. The ``other'' category is not specifically defined and, as a

result, it is not possible to verify how much ``other'' material is

used.

3. The recordkeeping requirements are inadequate for the operating

restrictions that are being requested. Neither the monthly usage of

``as applied'' coating nor the monthly use of ``other'' material is

specifically required.

These deficiencies were discussed with a representative of Service

Plastics, Inc. on April 1, 1992.

Proposed Rulemaking Action and Solicitation of Public Comment

For the reasons stated above, USEPA is proposing to disapprove

Service Plastics, Inc.'s request for a FIP revision in the form of

operating restrictions on the amount of lacquer, thinners, and other

VOC-containing materials used. Public comment is solicited on Service

Plastics, Inc.'s requested revision and on USEPA 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 the USEPA 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 jurisdiction over populations of less than

50,000.

This action involves only one source, Service Plastics, Inc.

Therefore, USEPA certifies that this RACT 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.

Under Executive Order 12866 today's action is not significant. It

has been submitted to the Office of Management and Budget (OMB) for

review.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Ozone.

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

Dated: March 17, 1994.

Carol M. Browner,

Administrator.

[FR Doc. 94-6950 Filed 3-23-94; 8:45 am]

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