Approval and Promulgation of Implementation Plans; Illinois

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IL18-6-6516a; FRL-5334-2]

Approval and Promulgation of Implementation Plans; Illinois

AGENCY: United States Environmental Protection Agency (USEPA).

ACTION: Direct final rule.

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SUMMARY: On October 21, 1993, and March 4, 1994, the Illinois

Environmental Protection Agency (IEPA) submitted to the USEPA volatile

organic compound (VOC) rules that were intended to satisfy part of the

requirements of section 182(b)(2) of the Clean Air Act (Act) amendments

of 1990. Specifically, these rules provide control requirements for

certain major sources not covered by a Control Technique Guideline

(CTG) document. These non-CTG VOC rules apply to sources in the Chicago

ozone nonattainment area which have the potential to emit 25 tons of

VOC per year. These rules provide an environmental benefit due to the

imposition of these additional control requirements. IEPA estimates

that these rules will result in VOC emission reductions, from 119

industrial plants, of 2.78 tons per day. 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 and soliciting public comment on this requested

revision to the Illinois State implementation plan (SIP). If adverse

comments are received on this direct final rule, USEPA will withdraw

the 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Unless this final rule is withdrawn, no further rulemaking will occur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 SIP revision.

DATES: This final rule is effective March 26, 1996 unless adverse

comments are received by February 26, 1996. 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, Regulation Development Branch (AR-18J),

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

West Jackson Boulevard, Chicago, Illinois 60604.

Copies of the SIP revision request are available for inspection at

the following address: (It is recommended that you telephone Steven

Rosenthal at (312) 886-6052, before visiting the Region 5 office.) U.S.

Environmental Protection Agency, Region 5, Air and Radiation Division,

77 West Jackson Boulevard, Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT: Steven Rosenthal, Regulation

Development Branch (AR-18J), (312) 886-6052.

SUPPLEMENTARY INFORMATION:

Background

On June 29, 1990, USEPA promulgated a Federal implementation plan

(FIP) for the six counties in the Chicago metropolitan area: Cook, Du

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

52.741. This FIP required that certain VOC sources comply with

reasonably available control technology (RACT) requirements.

Under the Act as amended in 1977, ozone nonattainment areas were

required to adopt reasonably available control technology (RACT) for

sources of VOC emissions. USEPA issued three sets of control technique

guidelines (CTGs) documents, establishing a ``presumptive norm'' for

RACT for various categories of VOC sources. The three sets of CTGs were

(1) Group I--issued before January 1978 (15 CTGs); (2) Group II--issued

in 1978 (9 CTGs); and (3) Group III--issued in the early 1980's (5

CTGs). Those sources not covered by a CTG were called non-CTG sources.

USEPA determined that the area's SIP-approved attainment date

established which RACT rules the area needed to adopt and implement.

Those areas (including the Chicago area) that sought an extension of

the attainment date under section 172(a)(2) to as late as December 31,

1987, were required to adopt RACT for all CTG sources and for all major

(100 tons per year or more of VOC emissions under the pre-amended Act)

non-CTG sources.

Section 182(b)(2) of the Act as amended in 1990 (amended Act)

requires States to adopt reasonably available control technology (RACT)

rules for all areas designated nonattainment for ozone and classified

as moderate or above. There are three parts to the section 182(b)(2)

RACT requirement: (1) RACT for sources covered by an existing CTG--

i.e., a CTG issued prior to the enactment of the amended Act of 1990;

(2) RACT for sources covered by a post-enactment CTG; and (3) all major

sources not covered by a CTG. These section 182(b)(2) RACT requirements

are referred to as the RACT ``catch-up'' requirements.

The amended Act requires USEPA to issue CTGs for 13 source

categories by November 15, 1993. A CTG was published by this date for

two source categories--Synthetic Organic Chemical Manufacturing

Industry (SOCMI) Reactors and Distillation; however, the CTGs for the

remaining source categories have not been completed. The amended Act

requires States to submit rules for sources covered by a post-enactment

CTG in accordance with a schedule specified in a CTG document.

Accordingly, States must submit a RACT rule for SOCMI reactor processes

and distillation operations before March 23, 1994.

The USEPA created a CTG document as Appendix E to the General

Preamble for the Implementation of Title I of the Clean Air Act

Amendments of 1990. (57 FR 18070, 18077, April 28, 1992). In Appendix

E, USEPA interpreted the Act to allow a State to submit a non-CTG rule

by November 15, 1992, or to defer submittal of a RACT rule for sources

that the State anticipated would be covered by a post-enactment CTG,

based on the list of CTGs USEPA expected to issue to meet the

requirement in section 183. Appendix E states that if USEPA fails to

issue a CTG by November 15, 1993 (which it did for 11 source

categories), the responsibility shifts to the State to submit a non-CTG

RACT rule for those sources by November 15, 1994. In accordance with

section 182(b)(2), implementation of that RACT rule should occur by May

31, 1995.

[[Page 2424]]

On October 21, 1993, and March 4, 1994, IEPA submitted VOC rules

for the Chicago ozone severe nonattainment area.1 The rules

submitted on March 4, 1994, include both new rules and revisions to the

rules that were submitted on October 21, 1993. Those sections contained

in the March 4, 1994, submittal supersede the same sections in the

October 21, 1993, submittal. These rules were intended to satisfy, in

part, the major non-CTG control requirements of section 182(b)(2).

These ``catch-up'' rules lower the applicability cutoff for major non-

CTG sources from 100 tons VOC per year to 25 tons VOC per year. This

cutoff was lowered because section 182(d) of the amended Act defines a

major source in a severe ozone nonattainment area as a source that

emits 25 tons or more of VOC per year. However, this March 4, 1994,

submittal does not include major non-CTG regulations for the 11 source

categories for which USEPA expected to issue CTGs to satisfy section

183, but did not. As stated previously, Illinois is required to adopt

and submit RACT regulations by November 1994 for these 11 source

categories.

\1\ The Chicago severe ozone nonattainment area consists of

Cook, Du Page, Kane, Lake, McHenry, and Will Counties and Aux Sable

Township and Goose Lake Township in Grundy County and Oswego

Township in Kendall County.

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Evaluation of Rules

Subpart B: Definitions

Illinois has added 18 definitions to Subpart B. All but one of

these definitions apply to new rules for ``Polyester Resin Product

Manufacturing Process,'' ``Aerosol Can Filling,'' and ``Leather

Coating.'' These definitions accurately describe the specified terms

and are necessary for implementation of these three rules. These

definitions are therefore approvable.

Illinois has also added a definition of ``potential to emit''

(PTE). This term is used to establish the applicability cutoff for the

major non-CTG ``catch-up'' rules described in the following part of

this notice. PTE is defined as ``the maximum capacity of a stationary

source to emit any air pollutant under its physical and operational

design. Any physical or operational limitation on the capacity of a

source to emit an air pollutant, including air pollution control

equipment and restriction on hours of operation or on the type or

amount of material combusted, stored, or processed, shall be treated as

part of its design if the limitation is federally enforceable.'' This

definition is acceptable for establishing applicability and for

establishing federally enforceable restrictions for the purpose of

allowing a source to avoid applicability. This definition is therefore

approvable.

Subpart A: General Provisions

Section 218.106 Compliance Dates--A new subsection 218.106(c) is

added which provides a compliance date of March 15, 1995, for newly

subject 25 ton per year VOC sources. This subsection is approvable

because this date is prior to May 31, 1995, the implementation date

that is specified in section 182(b)(2) for major non-CTG sources.

Section 218.108 Exemptions, Variations, and Alternative Means of

Control or Compliance Determinations--Subsection 218.108(b) allows

equivalent alternative control plans and test methods to be established

in a federally enforceable permit. This provision allows Illinois to

revise its control requirements and test methods through a federally

enforceable state operating permit (FESOP) or Title V (of the Act)

operating permit. The application of this section is discussed in

subsequent parts of these rules.

Section 218.113 Compliance with Permit Conditions--This section

requires sources to comply with their permit requirements and is

therefore approvable.

Section 218.402 Applicability--This section contains a 25 tons per

year PTE cutoff (in addition to a 100 ton maximum theoretical emissions

2 (MTE) cutoff) for flexographic and rotogravure printing sources

as required by the new major source definition applicable in severe

ozone nonattainment areas. In addition, this section allows sources to

avoid the applicability of specified printing rules, provided a source

has a federally enforceable permit that limits emissions to below the

applicable cutoff through capacity or production limitations. This use

of federally enforceable permits is approvable because USEPA can deem a

permit to be ``not federally enforceable'' in a letter to IEPA. Upon

issuance of such a letter, the source is no longer protected by this

permit. The source would then be subject to the SIP requirements if its

emissions exceed the applicable cutoffs. This is consistent with

USEPA's December 17, 1992, approval of Illinois' operating permit

program which states: ``In approving the State operating program USEPA

is determining that Illinois' program allows USEPA to deem an operating

permit not `federally enforceable' for purposes of limiting potential

to emit and offset credibility.'' (57 FR 59928, 59930). IEPA has agreed

to this approach and specified the applicable procedures in a March 26,

1993, letter to USEPA. This section is therefore approvable because it

adds a cutoff consistent with the requirements of the amended Act and

because USEPA can invalidate the protection provided by an operating

permit by deeming such operating permit to be ``not federally

enforceable `` in a letter to IEPA.

\2\ ``Maximum theoretical emissions'' means the quantity of

volatile organic material 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,

provided, however, the Agency shall, when appropriate, and upon

request by the permit applicant, limit the ``maximum theoretical

emissions'' of a source by the imposition of conditions in a

federally enforceable operating permit for such source. Such

conditions shall not be inconsistent with requirements of the Clean

Air Act, as amended, or any applicable requirements established by

the Board. Such conditions shall be established in place of design

capacity or maximum production capacity in calculating the ``maximum

theoretical emissions'' for such source and may include, among other

things, the establishment of production limitations, capacity

limitations, or limitations on the volatile organic material content

of coatings or inks, or the hours of operation of any emission unit,

or a combination of any such limitations. Production or capacity

limitations shall be established on a basis of no longer than one

month except in those cases where a limit spanning a longer period

of time is appropriate. In such cases, a limit or limitation must

not exceeed an annual limit rolled on a basis of at most a month:

that is, for example, a monthly production or a capacity level must

be determined for each parameter subject to a production or capacity

limitation and added to the eleven prior monthly levels for monthly

comparison with the annual limit. Any production or capacity

limitations shall be verified through appropriate recordkeeping.

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Section 218.611 Applicability for Petroleum Solvent Dry Cleaners--

The above discussion in section 218.402, for flexographic and

rotogravure printing sources, applies to this section for petroleum

solvent dry cleaners.

Section 218.620 Applicability--This section contains a 25 tons per

year PTE cutoff (in addition to a 100 ton MTE cutoff) for paint and ink

manufacturing sources as required by the new major source definition

applicable in severe ozone nonattainment areas and is therefore

approvable.

Subpart CC: Polyester Resin Product Manufacturing Process--This new

rule applies to a source's polyester resin products manufacturing

process emission units and the associated handling of materials,

cleanup activity, and formulation activity at sources with MTE of less

than 100 tons. The control requirements consist of any of the

following: (1) The use of polyester resin material with specified

monomer contents; (2) the use of a closed-mold or

[[Page 2425]]

pultrusion system which will result in less than 4% weight loss of

polyester resin materials; (3) the use of vapor suppressed polyester

resin approved by IEPA in the source's permit such that weight loss

from VOC emissions does not exceed 60 grams per square meter of exposed

surface area during molding; or (4) the use of any materials or

processes demonstrated to the satisfaction of IEPA to achieve VOC

emission levels equivalent to any of the above control techniques. This

alternative must be approved by IEPA and USEPA in a federally

enforceable permit or as a SIP revision. An analysis of alternative

equivalent control plans is contained below within the discussion of

Subparts PP, QQ, RR, and TT. This rule also includes work practices

(such as use of closed containers) and regulates the use of cleaning

materials. Section 218.668(a)(3)(C), 218.668(a)(4)(D) and

218.668(a)(5)(C), allow for the determination of specified control

requirements ``By site-specific sampling and analysis methods approved

by the Agency and USEPA in a federally enforceable permit.'' The

procedures for USEPA's review and approval of these alternative test

methods are specified in a September 13, 1995, letter from the Illinois

Environmental Protection Agency to Region 5 of the USEPA. The emission

limits contained in this rule are very similar to the emission limits

contained in Rule 1162 for Polyester Resin Operations that was revised,

in May 1994, by the South Coast Air Quality Management District--which

covers the Los Angeles area. Rule 1162 was approved by USEPA on August

25, 1994 (59 FR 43571). Illinois' Polyester Resin Product Manufacturing

Process rule is therefore approvable.

Subpart DD: Aerosol Can Filling--This new rule applies to a

source's aerosol can filling lines if the source's MTE is less than 100

tons and it has a PTE equal or greater than 25 tons VOC per year.

Aerosol can filling lines can comply by one of the following options:

(1) Use of add-on control which achieves an overall reduction of 81%;

or (2) (A) Use of through-the-valve (TTV) fill or enhanced under-the-

cup (UTC) fill to minimize loss of VOC propellent; or use of another

system approved in a federally enforceable permit which achieves at

least 75% reduction of the emissions of UTC fill; (B) Fill on a monthly

basis at least 90% of cans filled on such aerosol can filling lines

that are capable of being filled by the TTV method with TTV fill. TTV

filling causes only 15% to 25% of the emissions from UTC (the standard

method of filling cans) and is considered to be RACT. Based on

discussions with IEPA, the two aerosol can filling sources that have

been identified as emitting over 25 tons VOC per year either are or

will be controlled as follows: CCL Custom Manufacturing will be

installing an incinerator and will therefore comply with the 81%

overall control requirement and Chase Products Company is filling 90%

of its cans with TTV. Therefore this rule satisfies the requirement for

RACT on aerosol filling operations.

Section 218.926(b)(2) consists of a new set of control requirements

which apply to a source's leather coating operations if the source's

MTE is less than 100 tons and it has a PTE of 25 tons VOC per year or

greater. These control requirements are: (A) For the application of

stain coating to leather, other than specialty leather, the VOC

contained in the subject coatings shall not exceed 10 tons in any

consecutive 12-month period or the application of such coatings shall

comply with (C) below; (B) For the application of coatings to specialty

leather, the total VOC content of all coatings, including stains, as

applied to a category of specialty leather, shall not exceed 38 lbs per

1000 square feet of such specialty leather produced, determined on a

monthly basis;or (C) The daily-weighted average VOC content shall not

exceed 3.5 lbs VOC/gallon of coating as applied. A daily-weighted

average of 3.5 lbs VOC per gallon has previously been established as

RACT by USEPA for major non-CTG coating sources and a 38 lbs VOC per

1000 square feet limit is contained in Wisconsin's leather coating

rules which has been approved as RACT by USEPA. IEPA justified its 10

ton exemption for stains by explaining that use of high VOC content

stain is needed for some natural leathers. Even when a stain with dye

can be thinned with water the VOC content can still be very high

because of the VOC required to actually dissolve the small amount of

dye present. Stain is applied at varying rates on different pieces of

leather and at varying rates on a single piece of leather, as it is

used to achieve uniform shade on animal hides with naturally varying

coloration. IEPA added that at the same time and in light of the above,

total VOC emissions from a source attributable to stain are small.

Illinois' leathercoating rule is therefore consistent with RACT. The

compliance certification and recordkeeping requirements for

leathercoating operations are contained in Sections 218.991(d)(1) and

218.991(d)(2), respectively. The recordkeeping requirements in Section

218.991(d)(2) establish monthly records of (1) the pounds VOC per

gallon of coating (VOC content) and volume of each stain coating used

for other than specialty leather, (2) the VOC content and volume of

each coating used for specialty shoe leather, (3) the VOC content and

volume of each coating used for specialty football leather, (4) the

square feet of specialty shoe leather produced, and (5) and the square

feet of specialty football leather produced. These recordkeeping

requirements are therefore sufficient to establish compliance with the

leathercoating emission limits.

Subparts PP, QQ, RR, and TT consist of ``generic'' major non-CTG

rules for sources not specifically covered by another rule. Sections

926, 946, 966, and 986 specify the control requirements for the rules.

Subsection (a) of each of these Sections requires an overall 81 percent

reduction from each emission unit. A Board Note has been added to each

subsection to clarify what is intended by the term ``emission unit.'' A

further clarification of the Board Note has been provided in a June 16,

1993, letter from Dennis Lawler, IEPA.

Subpart UU contains the recordkeeping and reporting requirements

for the non-CTG requirements in Subparts PP, QQ, RR, and TT and Section

218.990 contains the recordkeeping and reporting requirements for

exempt sources. Although these sections refer to emission units which

are exempt, it should be noted that the owner or operator of such an

exempt emission unit would need to submit records for the entire source

to demonstrate that maximum theoretical emissions from all non-CTG and

unregulated CTG operations are below the applicable cutoff. In those

cases where one or more (but not all) emission units are exempt (as in

218.920(d), 218.940(d), 218.960(d), and 218.980(d)), records must also

be submitted documenting that each such emission unit is exempt.

Illinois' major non-CTG VOC rules in Subparts PP, QQ, RR, and TT

allow compliance via (1) Emission capture and control techniques which

achieve an overall reduction in uncontrolled VOC emissions of at least

81 percent from each emission unit, or (2) For coating lines, the

daily-weighted average VOC content shall not exceed 3.5 pounds (lbs)

VOC per gallon (gal) of coating, or (3) an equivalent alternative

control plan which has been approved by the Agency and the USEPA in a

federally enforceable permit or as a SIP revision.

On December 17, 1992, (57 FR 59928) USEPA approved Illinois'

existing Operating Permit program as satisfying

[[Page 2426]]

USEPA's June 28, 1989, (54 FR 27274) five criteria regarding Federal

enforceability. One of the criteria is that permits may not be issued

that make less stringent any SIP limitation or requirement. USEPA's

December 17, 1992, notice states that operating permits issued by

Illinois in conformance with the five criteria (including the

prohibition against States issuing operating permit limits less

stringent than the regulations in the SIP) discussed in this notice

will be considered federally enforceable. This notice also states

Illinois' operating permit program allows USEPA to deem an operating

permit not ``federally enforceable.''

On July 21, 1992, USEPA promulgated a new part 70 of chapter 1 of

title 40 of the Code of Federal Regulations. See 57 FR 32250. This new

part 70 contains regulations, required by Title V of the Act, that

require and specify the minimum elements of State operating permit

programs. Part 70 is therefore an appropriate basis for evaluating the

acceptability of Illinois' use of federally enforceable State operating

permits (FESOP) and Title V permits in its VOC rules.

Section 70.6(a)(1)(iii) states:

If an applicable implementation plan allows a determination of an

alternative emission limit at a part 70 source, equivalent to that

contained in the plan, to be made in the permit issuance, renewal, or

significant modification process, and the State elects to use such

process, any permit containing such equivalency determination shall

contain provisions to ensure that any resulting emissions limit has

been demonstrated to be quantifiable, accountable, enforceable, and

based on replicable procedures.

USEPA has therefore determined that the alternative control

requirement, submitted on March 4, 1994, in subsections 218.926(c),

218.946(b), 218.966(b) and 218.986(c), is approvable because it

requires that any alternative must be equivalent to the underlying SIP

requirements (consistent with part 70) and USEPA can deem a permit

containing an alternative control plan to be not ``federally

enforceable'' if it determines that a permit is not quantifiable or

practically enforceable or a permit relaxes the SIP. The underlying

SIP, to which any equivalent alternative control plan must be compared,

has federally enforceable control requirements, test methods, and

recordkeeping and reporting requirements. In addition, IEPA's September

13, 1995, letter contains the specific procedures for USEPA review and

approval.

Subsections 218.620(a)(1)(B), 218.920(a)(1)(B), 218.940(a)(1)(B),

218.960(a)(1)(B), 218.980(a)(1)(B), along with the following

subsections in conjunction with Section 211.4970 (the definition of

``Potential to emit''): Subsections 218.620(b)(1), 218.920(b)(1),

218.940(b)(1), 219.960(b)(1) and 218.980(b)(1), allow sources to avoid

the applicability of specified major non-CTG rules, provided a source

has a federally enforceable permit that limits emissions to below the

applicable cutoff through capacity or production limitations. These

subsections are approvable because USEPA can deem a permit to be ``not

federally enforceable'' in a letter to IEPA. Upon issuance of such a

letter, the source is no longer protected by the permit referenced in

the subject subsections. The source would then be subject to the SIP

requirements if its emissions exceed the applicable cutoff. This is

consistent with USEPA's December 17, 1992, approval of Illinois'

operating permit program which states: ``In approving the State

operating program USEPA is determining that Illinois' program allows

USEPA to deem an operating permit not `federally enforceable' for

purposes of limiting potential to emit and to offset creditability.''

(57 FR 59928, 59930). IEPA has agreed to this approach and specified

the applicable procedures in a March 26, 1993, letter to USEPA. In

summary, these subsections are approvable because USEPA can invalidate

the protection provided by an operating permit by deeming such

operating permit to be ``not federally enforceable'' in a letter to

IEPA.

USEPA's ``generic major (based on potential emissions of 25 tons of

VOC) non-CTG rules'' in subparts PP, QQ, RR and TT, do not apply to

synthetic organic chemical industry (SOCMI) distillation, SOCMI

reactors, wood furniture, plastic parts coating (business machines),

plastic parts coating (other), offset lithography, industrial

wastewater, autobody refinishing, SOCMI batch processing, volatile

organic liquid storage tanks and clean-up solvent operations. In

addition, bakeries (for which an Alternative Control Technology

document was issued in December, 1992) are exempt from the control

requirements in the generic rules. Out of these categories, Illinois

has submitted adopted rules for USEPA approval for all except

industrial wastewater, clean-up solvent operations, autobody

refinishing, and bakeries. Autobody refinishing rules are not required

to satisfy RACT requirements because there are no major autobody

refinishing sources. Illinois' adopted major non-CTG rules are

undergoing USEPA review and will be the subject of separate rulemaking

actions.

Final Rulemaking Action

For the reasons discussed above, USEPA approves the major non-CTG

VOC RACT rules in Part 218 (for the Chicago ozone nonattainment area)

that were submitted on October 21, 1993, and March 4, 1994. More

specifically, this includes all sections of part 218 that were

submitted on March 4, 1994, and Section 218.990 from the October 21,

1993, submittal.

On September 9, 1994, (FR 59 46562) USEPA approved a number of

Illinois' VOC regulations which replaced a large part of the Chicago

FIP, which was promulgated June 29, 1990 (55 FR 26814) and codified at

40 CFR 52.741. This rule completes approval of Illinois' VOC

regulations which, in combination with the rules approved on September

9, 1994, replace the Chicago FIP, as the federally enforceable VOC

rule, except as indicated below:

(1) In accordance with Section 101(b), all FIP requirements remain

in effect (and are enforceable after the effective date of this SIP

revision) for the period prior to the effective date of this SIP

revision.

(2) Any source that received a stay, as indicated in Section

218.103(a)(2), remains subject to the stay if still in effect, or (if

the stay is no longer in effect) the federally promulgated rule

applicable to such source.

As of the effective date of this final action, these rules are the

sole federally enforceable control strategy for sources of VOC located

in the Chicago area.

Because USEPA considers this action noncontroversial and routine,

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

effective on March 26, 1996. However, if we receive adverse comments by

February 26, 1996, 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 SIP 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.

[[Page 2427]]

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 an October 4, 1993,

memorandum from Michael H. Shapiro, former Acting Assistant

Administrator for the Office of Air and Radiation. A July 10, 1995,

memorandum from Mary D. Nichols, Assistant Administrator for the Office

of Air and Radiation explains that the authority to approve/disapprove

SIPs has been delegated to the Regional Administrators for Table 3

actions. 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 March 26, 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, Hydrocarbons,

Incorporation by reference, Intergovernmental relations, Ozone,

Reporting and recordkeeping requirements.

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

Dated: November 1, 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)(102) to read

as follows:

Sec. 52.720 Identification of plan.

* * * * *

(c) * * *

(102) On October 21, 1993 and March 4, 1994, the State submitted

volatile organic compound control regulations for incorporation in the

Illinois State Implementation Plan for ozone.

(i) Incorporation by reference.

(A) Title 35: Environmental Protection, Subtitle B: Air Pollution,

Chapter I: Pollution Control Board, chapter c: Emission Standards and

Limitations for Stationary Sources, Part 211: Definitions and General

Provisions, Subpart B: Definitions, Sections 211.270, 211.1070,

211.2030, 211.2610, 211.3950, 211.4050, 211.4830, 211.4850, 211.4970,

211.5390, 211.5530, 211.6110, 211.6170, 211.6250, 211.6630, 211.6650,

211.6710, 211.6830, 211.7050. These sections were adopted on January 6,

1994, Amended at 18 Ill. Reg. 1253, and effective January 18, 1994.

(B) 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, Part 218: Organic Material Emissions Standards and Limitations

for the Chicago Area, Subpart PP: 218.927, 218.928; Subpart QQ:

218.947, 218.948; Subpart RR: 218.967, 218.968; Subpart TT: 218.987,

218.988; Subpart UU: 218.990. These sections were adopted on September

9, 1993, Amended at 17 Ill. Reg. 16636, effective September 27, 1993.

(C) 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, Part 218: Organic Material Emissions Standards and Limitations

for the Chicago Area, Subpart A: 218.106, 218.108, 218.112, 218.113;

Subpart H: 218.402; Subpart Z:

[[Page 2428]]

218.602, 218.611; Subpart AA: 218.620, 218.623 (repealed); Subpart CC;

Subpart DD; Subpart PP: 218.920, 218.926; Subpart QQ: 218.940, 218.946;

Subpart RR: 218.960, 218.966; Subpart TT: 218.980, 218.986; Subpart UU:

218.991. These sections were adopted on January 6, 1994, Amended at 18

Ill. Reg. 1945, effective January 24, 1994.

* * * * *

3. Section 52.741 is amended by revising paragraph (a)(2) to read

as follows:

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

Kane, Lake, McHenry or Will County.

(a) * * *

(2) Applicability.

(i) Effective October 11, 1994, 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, Part 218: Organic Material Emission

Standards and Limitations for the Chicago Area replaces the

requirements of 40 CFR 52.741 Control strategy: Ozone control measures

for Cook, DuPage, Kane, Lake, McHenry and Will County as the federally

enforceable control measures in these counties except as noted in

paragraphs (a)(2)(i) (A) through (C) of this section.

(A) Until March 26, 1996, Illinois' major non-CTG sources in the

Chicago area, subject to paragraph u, v, w, or x because of the

applicability criteria in these paragraphs, continue to be subject to

paragraphs u, v, w, x, and in addition they remain subject to the

recordkeeping requirements in paragraph y and any related parts of

section 52.741 necessary to implement these paragraphs, e.g., those

paragraphs containing test methods, definitions, etc.

(B) In accordance with Section 218.101(b), all FIP requirements

remain in effect and are enforceable after October 11, 1994, for the

period prior to October 11, 1994 (and the major non-CTG FIP

requirements specified in paragraph (a)(2)(i)(A) remain in effect and

are enforceable after March 26, 1996 for the period prior to March 26,

1996.

(C) Any source that received a stay, as indicated in Section

218.103(a)(2), remains subject to the stay if still in effect, or (if

the stay is no longer in effect) the federally promulgated rule

applicable to such source.

(ii) Effective March 26, 1996, 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, Part 218: Organic Material Emission

Standards and Limitations for the Chicago Area replaces the

requirements of 40 CFR 52.741 Control strategy: Ozone control measures

for Cook, DuPage, Kane, Lake, McHenry and Will County as the federally

enforceable control measures in these counties except as noted in

paragraphs (a)(2)(ii) (A) and (B) of this section.

(A) In accordance with Section 218.101(b), all major non-CTG FIP

requirements specified in paragraph (a)(2)(i)(A) remain in effect and

are enforceable after March 26, 1996 for the period prior to March 26,

1996.

(B) Any source that received a stay, as indicated in Section

218.103(a)(2), remains subject to the stay if still in effect, or (if

the stay is no longer in effect) the federally promulgated rule

applicable to such source.

* * * * *

[FR Doc. 96-1297 Filed 1-25-96; 8:45 am]

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