Approval and Promulgation of Implementation Plans; Illinois

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IL126-1-7031a; FRL-5299-8]

Approval and Promulgation of Implementation Plans; Illinois

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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

SUMMARY: On May 5, 1995, the State of Illinois submitted a State

Implementation Plan (SIP) revision request to the United States

Environmental Protection Agency (USEPA) for wood furniture coating

operations as part of the State's 15 percent (%) Reasonable Further

Progress (RFP) plan control measures for Volatile Organic Matter (VOM)

emissions. A supplement to this request was submitted on May 26, 1995.

USEPA made a finding of completeness in a letter dated July 13, 1995. A

final approval action is being taken because the submittal meets all

pertinent Federal requirements. The SIP revision modifies the source

size applicability cut-off for wood furniture coating operation

facilities located in the Chicago and Metro-East St. Louis ozone

nonattainment areas from 100 to 25 tons of VOM emitted, or potential to

emit, per year. The USEPA is publishing this action without prior

proposal because USEPA views this action as a noncontroversial revision

and anticipates no adverse comments. However, USEPA is publishing a

separate document in this Federal Register publication, which

constitutes a ``proposed approval'' of the requested SIP revision and

clarifies that the rulemaking will not be deemed final if timely

adverse or critical comments are filed. If USEPA receives comments

adverse to or critical of the approval, USEPA will withdraw this

approval before its effective date by publishing a subsequent Federal

Register document which withdraws this final action. All public

comments received will then be addressed in a subsequent rulemaking

document. Please be aware that USEPA will institute another comment

period on this action only if warranted by significant revisions to the

rulemaking based on any comments received in response to today's

action. Any parties interested in commenting on this action should do

so at this time.

DATES: The direct final rule is effective on December 26, 1995, unless

USEPA receives adverse or critical comments by November 27, 1995. If

the effective date is delayed, timely notice will be published in the

Federal Register.

ADDRESSES: Copies of the revision request and USEPA's analysis

(Technical Support Document) are available for inspection at the

following address: U.S. Environmental Protection Agency, Region 5, Air

and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois

60604. (It is recommended that you telephone Mark J. Palermo at (312)

886-6082 before visiting the Region 5 Office.)

Written comments should be sent to: J. Elmer Bortzer, Chief,

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

U.S. Environmental Protection Agency, 77 West Jackson Boulevard,

Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT: Mark J. Palermo at (312) 886-6082.

SUPPLEMENTARY INFORMATION:

I. Background

Section 182(b)(1) of the Clean Air Act (the Act) requires all

moderate and above ozone nonattainment areas to achieve a 15% reduction

of 1990 emissions of VOM by 1996 (VOM, as defined by the State of

Illinois, is identical to ``volatile organic compounds'', as defined by

USEPA). In Illinois, the Chicago area is classified as ``severe''

nonattainment for ozone, while the Metro-East area is classified as

``moderate'' nonattainment. As such, these areas are subject to the 15%

RFP requirement.

On September 12, 1994, the Illinois Environmental Protection Agency

(IEPA) filed the proposed amended wood furniture coating rule with the

Illinois Pollution Control Board (Board). A public hearing on the rule

was held on November 4, December 2, and December 16, 1994, in Chicago,

Illinois, and on April 20, 1995, the Board adopted a Final Opinion and

Order for the proposed amendment. The rule became effective on May 9,

1995, and it was published in the Illinois State register on May 19,

1995. The IEPA formally submitted the wood furniture coating rule to

USEPA on May 5, 1995, as a revision to the Illinois SIP for ozone, and

supplemental documentation to this revision was submitted on May 26,

1995. In doing so, IEPA believes that this SIP revision will insure

that no increase in VOM emission for this source category occurs which

negatively impacts Illinois' 15% RFP plan.

II. Analysis of State Submittal

The May 5, 1995 revision extends the applicability of Illinois'

wood furniture coating rule requirements to those sources emitting, or

having the potential to emit, 25 tons of VOM per year. The requirements

were originally applicable only to those sources emitting or having a

potential to emit 100 tons or more per year of VOM.

USEPA's Control Techniques Guideline (CTG) for wood furniture

coating operations, which is to specify what Reasonably Available

Control Technology (RACT) is for this source category, has yet to be

finally published. (Section 182(b)(2) of the Act requires moderate and

above ozone nonattainment areas to submit rules covering each post-1990

CTG source category which are equivalent to RACT as specified by each

source category's CTG, by certain dates set forth by USEPA upon issuing

each CTG.) The Illinois rule is considered to be interim RACT at this

time; however, after the wood furniture coating CTG is issued by USEPA,

Illinois will need to revise its rule, as necessary, in light of the

new document, as required by Section 182(b)(2) of the Act.

III. Final Rulemaking Action

The USEPA has undertaken its analysis of the SIP revision request

and has determined that this SIP revision request is approvable.

However, after the final wood furniture coating CTG is issued by USEPA,

Illinois will need to revise its wood furniture coating rule, as

necessary, in light of the new document, as required by Section

182(b)(2) of the Act.

This rule, applicable to the Chicago and Metro-East St. Louis ozone

[[Page 54811]]

nonattainment areas, amends 35 Illinois Administrative Code section

218.208(b) and 219.208(b).

The USEPA is publishing this action without prior proposal because

USEPA views this action as a noncontroversial revision and anticipates

no adverse comments. However, USEPA is publishing a separate document

in this Federal Register publication, which constitutes a ``proposed

approval'' of the requested SIP revision and clarifies that the

rulemaking will not be deemed final if timely adverse or critical

comments are filed. The ``direct final'' approval shall be effective on

December 26, 1995, unless USEPA receives adverse or critical comments

by November 27, 1995. If USEPA receives comments adverse to or critical

of the approval discussed above, USEPA will withdraw this approval

before its effective date by publishing a subsequent Federal Register

document which withdraws this final action. All public comments

received will then be addressed in a subsequent rulemaking document.

Please be aware that USEPA will institute another comment period on

this action only if warranted by significant revisions to the

rulemaking based on any comments received in response to today's

action. Any parties interested in commenting on this action should do

so at this time. If no such comments are received, USEPA hereby advises

the public that this action will be effective on December 26, 1995.

This action has been classified as a Table 3 action by the Regional

Administrator under the procedures published in the Federal Register on

January 19, 1989 (54 FR 2214-2225), as revised by a July 10, 1995

memorandum from Mary Nichols, Assistant Administrator for Air and

Radiation. The Office of Management and Budget has exempted this

regulatory action from Executive Order 12866 review.

Nothing in this action should be construed as permitting, allowing

or establishing a precedent for any future request for revision to any

SIP. USEPA shall consider each request for revision to the SIP in light

of specific technical, economic, and environmental factors and in

relation to relevant statutory and regulatory requirements.

Section 202 of the Unfunded Mandates Reform Act of 1995 (``Unfunded

Mandates Act'') (signed into law on March 22, 1995) requires that the

USEPA prepare a budgetary impact statement before promulgating a rule

that includes a Federal mandate that may result in expenditure by

State, local, and tribal governments, in aggregate, or by the private

sector, of $100 million or more in any one year. Section 203 requires

the USEPA to establish a plan for obtaining input from and informing,

educating, and advising any small governments that may be significantly

or uniquely affected by the rule.

Under section 205 of the Unfunded Mandates Act, the USEPA must

identify and consider a reasonable number of regulatory alternatives

before promulgating a rule for which a budgetary impact statement must

be prepared. The USEPA must select from those alternatives the least

costly, most cost-effective, or least burdensome alternative that

achieves the objectives of the rule, unless the USEPA explains why this

alternative is not selected or the selection of this alternative is

inconsistent with law.

Because this final rule is estimated to result in the expenditure

by State, local, and tribal governments or the private sector of less

then $100 million in any one year, the USEPA has not prepared a

budgetary impact statement or specifically addressed the selection of

the least costly, most cost-effective, or least burdensome alternative.

Because small governments will not be significantly or uniquely

affected by this rule, the USEPA is not required to develop a plan with

regard to small governments. This rule only approves the incorporation

of existing state rules into the SIP. It imposes no additional

requirements.

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

Clean Air 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 the

State action. The Clean Air Act forbids USEPA to base its actions

concerning SIPs on such grounds. Union Electric Co. v. USEPA., 427 U.S.

246, 256-66 (S.Ct. 1976); 42 U.S.C. 7410(a)(2).

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 December 26, 1995. 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,Incorporation by

reference.

Dated: August 9, 1995.

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 paragraph (c)(115) to read

as follows:

Sec. 52.720 Identification of plan.

* * * * *

(c) * * *

(115) On May 5, 1995, and May 26, 1995, the State submitted an

amended coating rule which consisted of a tightened applicability cut-

off level for wood furniture coating operations to the Ozone Control

Plan for the Chicago and Metro-East St. Louis areas.

(i) Incorporation by reference. 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.

(A) Part 218: Organic Material Emission Standards and Limitations

for the Chicago Area, Subpart F; Coating Operations, Sections 218.208

Exemptions from Emission Limitations, Subsection (b), amended at 19

Ill. Reg. 6848, effective May 9, 1995.

(B) Part 219: Organic Material Emissions Standards and Limitations

for

[[Page 54812]]

the Metro-East Area, Subpart F; Coating Operations, Section 219.208

Exemptions from Emission Limitations, Subsection (b), amended at 19

Ill. Reg. 6958, effective May 9, 1995.

[FR Doc. 95-26587 Filed 10-25-95; 8:45 am]

BILLING CODE 6560-50-P