Approval and Promulgation of Implementation Plans; Illinois

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IL62-1-5674A; FRL-5281-6]

Approval and Promulgation of Implementation Plans; Illinois

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The United States Environmental Protection Agency (USEPA)

approves a requested revision to the Chicago ozone Federal

Implementation Plan (FIP) as it pertains to the American Decal &

Manufacturing Company (ADMC) in Chicago, Illinois. This action revises

the Chicago FIP and incorporates the revised requirements into the Code

of Federal Regulations. The rationale for the approval is set forth in

this final rule; additional information is available at the address

indicated below. Elsewhere in this Federal Register, USEPA is proposing

approval, soliciting public comment, and offering an opportunity for a

public hearing on this requested FIP revision. If adverse comments are

received or a public hearing is requested on this direct final rule,

USEPA will withdraw this final rule and address the comments received

in a new final rule. Unless this final rule is withdrawn, no further

rulemaking will occur on this requested FIP revision.

DATES: This final rule is effective October 20, 1995 unless adverse

comments are received or someone requests a public hearing by September

20, 1995. If the effective date is delayed, timely notice will be

published in the Federal Register.

ADDRESSES: Written comments can be mailed to: J. Elmer Bortzer, Chief,

Regulation Development Section (AR-18J), Regulation Development Branch,

Air and Radiation Division, U.S. Environmental Protection Agency, 77

West Jackson Boulevard, Chicago, Illinois 60604.

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-95-14, which is

available for public inspection and copying between 8 a.m. and 4 p.m.,

Monday thru Friday, at the following addresses. We recommend that you

contact Steven Rosenthal before visiting the Chicago location and

Rachel Romine before visiting the Washington, D.C. location. A

reasonable fee may be charged for copying.

The United States Environmental Protection Agency, Region 5, Regulation

Development Branch, Eighteenth Floor, Southeast, 77 West Jackson

Boulevard, Chicago, Illinois, 60604, (312) 886-6052.

The United States Environmental Protection Agency, Docket No. A-95-14,

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

Washington, D.C. 20460, (202) 245-3639.

FOR FURTHER INFORMATION CONTACT: Steven Rosenthal, Environmental

Engineer (312) 886-6052.

SUPPLEMENTARY INFORMATION: On June 29, 1990, USEPA promulgated a FIP

for the six counties in the Chicago metropolitan area: Cook, DuPage,

Kane, Lake, McHenry, and Will. 55 FR 26818, codified at 40 CFR 52.741.

This FIP required that certain volatile organic compound sources comply

with reasonably available control technology (RACT) requirements. In

determining the applicability of some of these regulations to

particular sources, USEPA used the concept of ``maximum theoretical

emissions'' (MTE), which is defined as ``the quantity of volatile

organic 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 * * *.'' 55

FR 26860, 40 CFR 52.741(a). Relief for otherwise subject sources is

available through a site-specific State Implementation Plan (SIP)

[[Page 43395]]

or FIP revision that limits emissions to below the applicable cutoff by

operational or production limitations.

Accordingly, ADMC requested that USEPA approve operating

restrictions that limit its emissions below 100 tons of VOC per year

and thereby exempt it from the RACT requirements. More specifically, it

requested that USEPA promulgate the same limitations on its plant

operations that are contained in the Illinois Environmental Protection

Agency (IEPA) operating permit (Application Number: 87070079) that was

received by IEPA on March 19, 1992. This permit, which limits ADMC's

yearly usage of VOC containing material, covers ADMC's power operated

silk screen presses, hand screen presses, screen adhesive printing

lines, 2 rotogravure presses and Viking screen press. USEPA has

determined that this FIP revision request complies with all applicable

requirements of the Act and USEPA policy concerning such revisions. The

USEPA, therefore, grants this request.

Because USEPA considers this action noncontroversial and routine,

we are approving it without prior proposal. The action will become

effective on October 20, 1995. However, if USEPA receives adverse

comments or a request for a public hearing by September 20, 1995, then

USEPA will publish a notice that withdraws this final action. If no

request for a public hearing has been received, USEPA will address the

public comments received in a new final rule on the requested FIP

revision based on the proposed rule located in the proposed rules

section of this Federal Register. If a public hearing is requested,

USEPA will publish a notice announcing a public hearing and reopening

the public comment period until 30 days after the public hearing. At

the conclusion of this additional public comment period, USEPA will

publish a final rule responding to the public comments received and

announcing final action.

The Office of Management and Budget has exempted this regulatory

action from Executive Order 12866 review.

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 economic 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, American Decal and

Manufacturing Company. Therefore, USEPA certifies that this RACT

promulgation does not have a significant impact on a substantial number

of small entities.

Under Section 202 of the Unfunded Mandates Reform Act of 1995

(``Unfunded Mandates Act''), signed into law on March 22, 1995, the

USEPA must prepare a budgetary impact statement to accompany any

proposed or final rule that includes a Federal mandate that may result

in estimated costs to State, local, or tribal governments in the

aggregate; or to the private sector, of $100 million or more. Under

Section 205, the USEPA must select the most cost-effective and least

burdensome alternative that achieves the objectives of the rule and is

consistent with statutory requirements. Section 203 requires the USEPA

to establish a plan for informing and advising any small governments

that may be significantly or uniquely impacted by the rule.

The USEPA has determined that the approval action promulgated today

does not include a Federal mandate that may result in estimated costs

of $100 million or more to either State, local, or tribal governments

in the aggregate, or to the private sector.

Under section 307(b)(1) of the Clean Air Act, petitions for

judicial review of this action must be filed in the United States Court

of Appeals for the appropriate circuit by October 20, 1995. Filing a

petition for reconsideration with the Administrator on this final rule

does not affect the finality of this rule for the purpose 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, Intergovernmental

relations, Volatile organic compound.

Dated: August 7, 1995.

Carol M. Browner,

Administrator.

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 52.741 is amended by adding paragraph (x)(14) to read as

follows:

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

Kane, Lake, McHenry and Will Counties.

* * * * *

(x) * * *

(14) The control and recordkeeping and reporting requirements, as

well as the test methods in this paragraph, apply to the power-operated

silk screen presses, the hand screen presses, the screen adhesive

printing lines, the Andreotti rotogravure press, the Halley Rotogravure

press, and the Viking press at the American Decal and Manufacturing

Company's plant in Chicago, Illinois, instead of the requirements in

paragraphs (h) and (x)(1) through (x)(5) of this section. The emissions

from the sources listed above (in paragraph (x)(14) of this section)

are to be included in the calculation of ``maximum theoretical

emissions'' for determining applicability for any other sources (for

which applicability is based on the quantity of maximum theoretical

emissions) at American Decal and Manufacturing Company's Chicago plant

not included in paragraph (x)(14) of this section.

(i) After July 24, 1992, no inks, coatings, thinner, clean-up

material or other VOC-containing material shall at any time be applied,

at the presses/printing lines listed above (in paragraph (x)(14) of

this section), which exceed the VOC content (in percent by weight VOC)

limit established below. After July 24, 1992, the yearly usage (in

weight of material applied) of ink, coating, thinner, clean-up

material, and other VOC-containing material, shall not exceed the

applicable pounds per year limit established below. The yearly weight

of ink, coating, thinner, clean-up material, and other VOC-containing

material is to be calculated according to the procedure in paragraph

(x)(14)(ii) of this section.

------------------------------------------------------------------------

Weight

Material Usage Percent

(lbs/yr) VOC

------------------------------------------------------------------------

#6 ink.............................................. 9,076 56.8

#7 ink.............................................. 1,278 54.2

#2 ink.............................................. 2,911 72.7

Blue N.C. lacq...................................... 394 64.3

Black M lacq........................................ 753 61.6

4B9L Clear.......................................... 2,451 77.1

4B9L H Clear........................................ 3,360 75.0

Flow-Out Agent...................................... 1,795 97.1

D.S. Stamp lacq..................................... 1,047 62.0

Dull write-on....................................... 86 71.6

AH-16............................................... 621 84.5

Thinner (#7,6)...................................... 2,350 100.0

[[Page 43396]]

Exon 470............................................ 1,668 65.4

9L Clear............................................ 2,451 77.1

White M lacq........................................ 3,467 47.0

Tedlar Gr. Vehicle.................................. 1,050 66.7

TH-98............................................... 22,047 73.2

TH-57............................................... 59 69.5

TH-14M.............................................. 16,520 0.7

PS 160.............................................. 10,644 3.0

#1 tint............................................. 4,872 69.3

#2 tint............................................. 4,256 83.7

Roto Color.......................................... 13,884 62.0

1st SS White........................................ 25,740 51.5

2nd SS White........................................ 25,740 51.5

Clean Up............................................ 108,742 100.0

Other Materials..................................... 400 100.0

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(ii) The yearly weight of material used is to be calculated as

follows:

(A) Compute the weight of each ink, coating, thinner, clean-up

material, and other VOC-containing material used each month by the 15th

of the following month.

(B) By the 15th of each month, add the monthly usage (in pounds)

for each ink, coating, thinner, clean-up material, and other VOC-

containing material for the twelve previous months (to obtain the

yearly weight of each ink, coating, thinner, clean-up material used). A

comparison of these yearly usage levels (in pounds) with purchase

records must be made to ensure the accuracy of the monthly usage levels

(in pounds) obtained to satisfy paragraph (x)(14)(ii)(A) of this

section.

(iii) Beginning on August 1, 1992, the owner and operator of the

American Decal and Manufacturing Company plant in Chicago, Illinois,

shall keep the following records for each ink, coating, thinner, clean-

up material, and other VOC-containing material for each month. All

records shall be kept by the American Decal and Manufacturing Company

for 3 years and shall be made available to the Administrator on

request:

(A) The name and identification number of each ink, coating,

thinner, clean-up material, and other VOC-containing material as

applied or used.

(B) The weight percent VOC of each ink, coating, thinner, clean-up

material, and each other VOC-containing material as applied or used

each month.

(C) The as applied weight of each ink, coating, thinner, clean-up

material, and other VOC-containing material used each month.

(iv) Any record showing a violation of paragraph (x)(14)(i) of this

section after October 20, 1995 shall be reported by sending a copy of

such record to the Administrator within 30 days of the violation.

(v) To determine compliance with paragraph (x)(14)(i) of this

section and to establish the records required under paragraph

(x)(14)(iii) of this section, the weight percent VOC of each ink,

coating, thinner, clean-up material, and other VOC-containing material

shall be determined by the applicable test methods and procedures

specified in paragraph (a)(4) of this section. Any material reported to

be 100 percent VOC does not have to be tested for weight percent VOC.

* * * * *

[FR Doc. 95-20647 Filed 8-18-95; 8:45 am]

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