Approval and Promulgation of Implementation Plans; Illinois

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IL113-1-6760a; FRL-5324-7]

Approval and Promulgation of Implementation Plans; Illinois

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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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 lithographic printing

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

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

emissions. VOM, as defined by the State of Illinois, is identical to

``volatile organic compounds'' (VOC), as defined by USEPA. VOC is one

of the air pollutants which combine on hot summer days to form ground-

level ozone, commonly known as smog. Ozone pollution is of particular

concern because of its harmful effects upon lung tissue and breathing

passages. RFP plans are intended to bring areas which have been

exceeding the public health based Federal ozone air quality standard

closer toward the goal of reaching and maintaining attainment with this

standard. The control measures specified in this lithographic printing

parts SIP revision are expected by Illinois to reduce VOC (VOM)

emissions by 4.05 tons per day in the Chicago area. No reductions are

expected in the Metro-East (East St. Louis) area because there are no

sources large enough to satisfy the applicability criteria.

DATES: The ``direct final'' approval is effective on January 8, 1996,

unless USEPA receives adverse or critical comments by December 8, 1995.

If the effective date is delayed, EPA will publish timely notice 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 David Pohlman at (312)

886-3299 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: David Pohlman at (312) 886-3299.

SUPPLEMENTARY INFORMATION:

I. Background

Section 182(b)(1) of the Act requires all moderate and above ozone

nonattainment areas to achieve a 15 percent reduction of 1990 emissions

of volatile organic material by 1996. 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 percent Rate of Progress (RFP) requirement.

The Illinois Environmental Protection Agency (IEPA) held public

hearings on the proposed Lithographic printing rules on December 15,

1994, and January 9, 1995, and on April 20, 1995, the Board adopted a

Final Opinion and Order for the proposed amendments. The rules became

effective on May 9, 1995, and they were published in the Illinois

Register on May 19, 1995. The IEPA formally submitted the Lithographic

Printing rules to USEPA on May 5, 1995, and May 31, 1995, as a revision

to the Illinois SIP for ozone. In doing so, IEPA believes that these

control measures will reduce VOM emissions to help meet the 15% RFP

requirement. The submittal amends 35 Ill. Adm. Code Parts 211, 218 and

219, to include control measures for lithographic printing.

The submittal includes the following new or revised rules:

Part 211: Definitions and General Provisions

Subpart B: Definitions

211.474 Alcohol

211.560 As-Applied Fountain Solution

211.2850 Heatset Web Offset Lithographic Printing Line

211.4065 Non-Heatset

211.5980 Sheet-Fed

Part 218: Organic Material Emission Standards and Limitations for

the Chicago Area

Subpart H: Printing and Publishing

218.405 Lithographic Printing: Applicability

218.406 Provisions Applying to Heatset Web Offset Lithographic

Printing Prior to March 15, 1996

218.407 Emissions Limitations and Control Requirements for

Lithographic Printing Lines On and After March 15, 1996

218.408 Compliance Schedule for Lithographic Printing on and After

March 15, 1996

218.409 Testing for Lithographic Printing On and After March 15,

1996

218.410 Monitoring Requirements for Lithographic Printing

218.411 Recordkeeping and Reporting for Lithographic Printing

Part 219: Organic Material Emission Standards and Limitations for

the Metro East Area

Subpart H: Printing and Publishing

219.405 Lithographic Printing: Applicability

219.406 Provisions Applying to Heatset Web Offset Lithographic

Printing Prior to March 15, 1996

219.407 Emissions Limitations and Control Requirements for

Lithographic Printing Lines On and After March 15, 1996

219.408 Compliance Schedule for Lithographic Printing on and After

March 15, 1996

219.409 Testing for Lithographic Printing On and After March 15,

1996

219.410 Monitoring Requirements for Lithographic Printing

219.411 Recordkeeping and Reporting for Lithographic Printing

The lithographic printing rules contained in Part 218 are identical

to those in Part 219 except for the areas of applicability. Part 218

applies to the Chicago Area, while Part 219 applies to the Metro East

Area. The following is a description of the State rules.

Applicability (218/219.405)

Section 218/219.405 states that sources with heatset web offset

lithographic printing lines are subject to the requirements of 218/

219.406 until March 15, 1996, and Sections 218/219.407 through 218/

219.411 on and after March 15, 1996. All such sources are subject

unless total maximum theoretical emissions of VOM never exceed 100 tons

per calendar year before the application of controls, or Federally

enforceable permit conditions limit production such that emissions are

less than 100 tons per year.

This rule also states that all heatset web offset, non-heatset web

offset, and sheet-fed offset lithographic printing lines will be

subject to Sections 218/219.407 through 218/219.411 on and

[[Page 56239]]

after March 15, 1996, unless VOM emissions from all lines at a source

never exceed 100 pounds per day before the application of controls.

Exempt sources are subject to recordkeeping requirements of Section

418.406 before March 15, 1996, and Section 418.411 on and after March

15, 1996.

Provisions Which Apply Before March 15, 1996 (218/219.406)

Section 218/219.406 contains provisions which apply to Heatset Web

Offset Lithographic Printing Prior to March 15, 1996. This section

requires heatset web offset printing lines to install and operate

afterburner systems that reduce 90 percent of the VOM emissions

(excluding methane and ethane) from the dryer exhaust. Alternatively, a

condensation recovery system that removes at least 75 percent of the

non-isopropyl alcohol organic materials from the dryer exhaust may be

used if the fountain solution contains no more than 8 percent, by

weight, of VOM, and the control device is equipped with monitoring

equipment. This section also contains an equation for calculating total

maximum theoretical emissions of VOM from heatset web offset

lithographic printing lines.

This section also includes recordkeeping requirements for exempt

sources before March 31, 1996. Such sources must record the VOM content

and the volume of each fountain solution and ink as applied each year

on each printing line. Non-exempt sources are required to keep daily

records of the VOM content of the fountain solution, as well as

information on operation and maintenance of the control device.

Emission Limitations and Control Requirements for Lithographic Printing

Lines On and After March 15, 1996 (218/219.407)

This rule requires heatset web offset lithographic printers to

limit the VOM content in the as-applied fountain solution to 1.6

percent by volume. Alternately, the VOM content may be up to 3 percent

by volume if the fountain solution is maintained below 15.6 deg.C

(60 deg.F), or 5 percent by volume if the fountain solution contains no

alcohol. There are also requirements that the air pressure in the dryer

be maintained lower than that of the press room, and that an

afterburner (or other equivalent control device if approved by the

State and USEPA) be installed and operated so that VOM emissions

(excluding methane and ethane) from the press dryer exhaust are reduced

by 90 percent.

Non-heatset web offset lithographic printers must limit the VOM

content in the as-applied fountain solution to 5 percent or less, and

the solution must contain no alcohol.

Sheet-fed offset lithographic printing lines are required to limit

the VOM content of the as-applied fountain solution to 5 percent or

less by volume, or 8.5 percent if the temperature of the fountain

solution is maintained below 15.6 deg.C (60 deg.F).

The cleaning solution used on any lithographic printing line must

have a VOM content of no more than 30 percent by weight, or

alternatively, the VOM composite partial vapor pressure of the as-used

cleaning solution must be less than 10 millimeters of mercury at

20 deg.C (68 deg.C). Cleaning materials, including used towels must be

kept in closed containers.

Compliance Schedule for Lithographic Printing On and After March 15,

1996 (218/219.408)

This section requires lithographic printing lines to comply with

other applicable sections of the lithographic printing rules after

March 15, 1996.

Testing for Lithographic Printing On and After March 15, 1996 (218/

219.409)

This section sets the test methods to be used in determining

compliance. Method 1 and 1A are to be used, as appropriate, to select

sampling sites, Methods 2, 2A, 2C, and 2D are to be used to determine

volumetric flow rates of exhaust streams, and Methods 25 and 25A are to

be used to determine the VOM concentrations of the exhaust streams. An

air flow direction indicating device, such as a smoke stick, is to be

used to demonstrate 100 percent emissions capture efficiency for the

dryer. The applicable test methods and procedures contained in sections

218/219.105 and 218/219.110 are also to be used in determining

compliance.

Monitoring Requirements for Lithographic Printing (218/219.410)

This section requires fountain solution temperature monitors for

lithographic printing lines which rely on temperature to demonstrate

compliance. Also, each batch of as-applied fountain solution must be

sampled and tested for compliance with the VOM content limit using a

refractometer or hydrometer. A conductivity meter may also be used if

it is demonstrated that a refractometer and hydrometer can not be used

to determine compliance. For heatset web offset lithographic printing

lines, this section requires temperature monitors on afterburners.

This section also requires that automatic cleaning solution mixing

equipment be properly maintained and set so that the VOM content of the

as-applied cleaning solution is in compliance with the limit in 218/

219.407. There are recordkeeping requirements for cleaning solutions

which are not prepared with automatic feed equipment, and for cleaning

solutions which are to comply using vapor pressure.

Recordkeeping and Reporting for Lithographic Printing (218/219.411)

This section contains recordkeeping requirements for both exempt

and non-exempt sources. Exempt sources must record the name,

identification, VOM content, and volume of each fountain solution

additive, lithographic ink, and cleaning solvent used on any

lithographic printing line each month. Exempt sources are also required

to record whether a line was in operation each day, and total monthly

VOM emissions.

Lithographic printing lines which are subject to control

requirements must keep logs detailing monitoring data, operating time,

maintenance for the afterburner or other control device. Such sources

must record the name, identification, date and time of preparation,

volume, and VOM content for each batch of fountain solution. The rule

also requires sources to record the name, identification, VOM content

of each cleaning solvent, proportion of each cleaning solvent and

water, and as-applied VOM content for each batch of cleaning solution.

If the source relies on vapor pressure to show compliance, records of

the molecular weight, density, and VOM composite partial vapor pressure

of each cleaning solvent must also be kept. All records must be

maintained at the source for a minimum of 3 years.

II. Analysis of State Submittal

The limits in the Illinois rule match those discussed in the

September 1993, draft Control Technology Guideline and/or the June

1994, Alternative Control Techniques Document for offset lithographic

printing.

The Illinois rules apply control requirements to sources with total

theoretical emissions of more than 100 tons per year or actual

emissions of more than 100 pounds per day. In addition, sections 218/

219.411(a)(1)(B)(I) state that the actual daily emissions are to be

determined by dividing monthly emissions by the number of days in the

month. Because of this monthly averaging provision, the cutoff is

effectively 3000 pounds per

[[Page 56240]]

month of actual emissions. For sources for which a CTG has not been

issued, the statutory requirements are that RACT be applied to major

stationary sources in moderate and worse ozone nonattainment areas. The

USEPA believes that the cutoffs in the Illinois rules will ensure that

the rules apply to major stationary sources (sources with the potential

to emit 25 tons per year or more), therefore Illinois' cutoffs are

acceptable.

III. Final Rulemaking Action

The USEPA has undertaken its analysis of the SIP revision request

based on a review of the materials presented by IEPA and has determined

that this SIP revision request is approvable.

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

January 8, 1996, unless USEPA receives adverse or critical comments by

December 8, 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 January 8, 1996.

This action has been classified as a Table 3 action for signature

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 D. Nichols, Assistant

Administrator, Office of 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

than $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 January 8, 1996. 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, Volatile organic compounds.

Dated: October 11, 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)(117) to read

as follows:

Sec. 52.720 Identification of plan.

* * * * *

(c) * * *

(117) On May 31, 1995, the State submitted amended lithographic

printing rules which consisted of revised definitions, and revisions to

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

[[Page 56241]]

(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 211: Definitions and General Provisions, Subpart B:

Definitions, Sections 211.474 Alcohol, 211.560 As-Applied Fountain

Solution, 211.2850 Heatset Web Offset Lithographic Printing Line,

211.4065 Non-Heatset, 211.5980 Sheet-Fed added at 19 Ill. Reg. 6823,

effective May 9, 1995.

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

for the Chicago Area, Subpart H; Printing and Publishing, Sections

218.405 Lithographic Printing: Applicability, 218.406 Provisions

Applying to Heatset Web Offset Lithographic Printing Prior to March 15,

1996, 218.407 Emissions Limitations and Control Requirements for

Lithographic Printing Lines On and After March 15, 1996, 218.408

Compliance Schedule for Lithographic Printing on and After March 15,

1996, 218.409 Testing for Lithographic Printing On and After March 15,

1996, 218.410 Monitoring Requirements for Lithographic Printing,

218.411 Recordkeeping and Reporting for Lithographic Printing added at

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

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

for the Metro-East Area, Subpart H; Printing and Publishing, Sections

219.405 Lithographic Printing: Applicability, 219.406 Provisions

Applying to Heatset Web Offset Lithographic Printing Prior to March 15,

1996, 219.407 Emissions Limitations and Control Requirements for

Lithographic Printing Lines On and After March 15, 1996, 219.408

Compliance Schedule for Lithographic Printing on and After March 15,

1996, 219.409 Testing for Lithographic Printing On and After March 15,

1996, 219.410 Monitoring Requirements for Lithographic Printing,

219.411 Recordkeeping and Reporting for Lithographic Printing added at

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

[FR Doc. 95-27609 Filed 11-7-95; 8:45 am]

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