Approval and Promulgation of Implementation Plans; Illinois

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IL114-1-6788a; FRL-5540-5]

Approval and Promulgation of Implementation Plans; Illinois

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: On May 5, 1995, and May 31, 1995, the State of Illinois

submitted a State Implementation Plan (SIP) revision request to the

Environmental Protection Agency (EPA) establishing regulations for

motor vehicle refinishing operations in the Chicago and Metro-East

ozone nonattainment areas, as part of the State's 15 percent (%) Rate

of Progress (ROP) 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 EPA. VOM

combines with oxides of nitrogen in the atmosphere to form ground-level

ozone, commonly known as smog. Exposure to ozone is associated with a

wide variety of human health effects, agricultural crop loss, and

damage to forests and ecosystems. ROP plans are intended to bring areas

which have been exceeding the public health based Federal ozone air

quality standard closer to attaining this standard. This SIP revision

contains rules which establish VOM content limits for certain coatings

and surface preparation products used in automobile and mobile

equipment refinishing operations in the Chicago and Metro-East areas,

as well as requires these operations to meet certain equipment and work

practice standards to further reduce VOM. Illinois expects that the

control measures specified in this SIP revision will reduce VOM

emissions by 16.30 tons per day (TPD) in the Chicago area and 1.2 TPD

in the Metro-East area. This rulemaking action approves, through direct

final, the Illinois motor vehicle refinishing rule SIP revision

request.

DATES: The ``direct final'' is effective on September 23, 1996, unless

EPA receives adverse or critical comments by August 26, 1996. If the

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

Federal Register.

ADDRESSES: Copies of the SIP revision request is 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, Air Programs 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 VOC (VOM) by 1996. In Illinois, the Chicago area

(Cook, DuPage, Kane, Lake, McHenry, Will Counties and Aux Sable and

Goose Lake Townships in Grundy County and Oswego Township in Kendall

County) is classified as ``severe'' nonattainment for ozone, while the

Metro-East area (Madison, Monroe, and St. Clair Counties) is classified

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

15% ROP requirement.

The Act specifies under section 182(b)(1)(C) that the 15% emission

reduction claimed under the ROP plan must be achieved through the

implementation of control measures through revisions to the SIP, the

promulgation of federal rules, or through permits under Title V of the

Act, by November 15, 1996. Control measures implemented before November

15, 1990, are precluded from counting toward the 15% reduction.

Illinois has adopted and submitted motor vehicle refinishing rules

for the control of VOM as a revision to the SIP for the purpose of

meeting the 15% ROP plan control measure requirement for the Chicago

and Metro-East ozone nonattainment areas. A public hearing on the rule

was held on December 16, 1994, in Chicago, Illinois. The rule was

adopted by the Illinois Pollution Control Board on April 20, 1995. The

rule became effective on May 9, 1995; it was published in the Illinois

State Register on May 19, 1995. The Illinois Environmental Protection

Agency (IEPA) formally submitted the motor vehicle refinishing rule to

EPA on May 5, 1995, as a revision to the Illinois SIP for ozone;

supplemental documentation to this revision was submitted on May

[[Page 38578]]

31, 1995. EPA made a finding of completeness in a letter dated July 13,

1995.

The May 5, 1995, and May 31, 1995 submittals include the following

new or revised rules:

Part 211: Definitions and General Provisions

Subpart B: Definitions

211.240 Adhesion Promoter

211.495 Anti-Glare/Safety Coating

211.685 Basecoat/Clearcoat System

211.1875 Elastomeric Materials

211.3915 Mobile Equipment

211.3960 Motor Vehicles

211.3965 Motor Vehicle Refinishing

211.5010 Precoat

211.5061 Pretreatment Wash Primer

211.5080 Primer Sealer

211.5090 Primer Surfacer Coat

211.6145 Specialty Coatings for Motor Vehicles

211.6540 Surface Preparation Materials

211.6620 Three or Four Stage Coating System

211.6695 Topcoat System

211.6720 Touch-Up Coating

211.6860 Uniform Finish Blender

Part 218: Organic Material Emission Standards and Limitations for

the Chicago Area

Subpart HH: Motor Vehicle Refinishing

218.780 Emission Limitations

218.782 Alternative Control Requirements

218.784 Equipment Specifications

218.786 Surface Preparation Materials

218.787 Work Practices

218.788 Testing

218.789 Monitoring and Recordkeeping for Control Devices

218.790 General Recordkeeping and Reporting

218.791 Compliance Date

218.792 Registration

Part 219: Organic Material Emission Standards and Limitations for

the Metro-East St. Louis Area

Subpart HH: Motor Vehicle Refinishing

219.780 Emission Limitations

219.782 Alternative Control Requirements

219.784 Equipment Specifications

219.786 Surface Preparation Materials

219.787 Work Practices

219.788 Testing

219.789 Monitoring and Record keeping for Control Devices

219.790 General Record keeping and Reporting

219.791 Compliance Date

219.792 Registration

The motor vehicle refinishing regulations 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. EPA's evaluation of these rules are as follows.

II. Evaluation of Rules

As previously discussed, this SIP submittal is required by the Act

to the extent that the rule submitted is part of the Illinois 15% ROP

plan.

A review of what emission reduction this SIP achieves for purposes

of the Illinois 15% ROP plans will be addressed when rulemaking on the

Chicago 15% ROP SIP, and the Metro-East 15% ROP SIP is taken. (EPA will

take rulemaking on the overall 15% ROP in subsequent rulemaking

action(s).) It should also be noted that Illinois' motor vehicle

refinishing rules are not required to be reviewed for purposes of

Reasonably Available Control Technology (RACT) requirements under the

Act because no motor vehicle refinishing facility in Illinois has the

potential to emit at least 25 tons of VOC, which would qualify a major

source for RACT purposes.

In order to determine the approvability of the Illinois motor

refinishing SIP, the rule was reviewed for its consistency with section

110 and part D of the Act, and its enforceability. Used in this

analysis were EPA policy guidance documents, including the draft

Control Techniques Guidelines (CTG) for motor vehicle refinishing; the

Alternative Control Techniques (ACT) document for motor vehicle

refinishing; and the June 1992, model VOC rules as they pertain to add-

on control systems. A discussion of the rule and EPA's rule analysis is

as follows.

Definitions

The new definitions added to part 211, which are based upon similar

definitions in the ACT and draft CTG, accurately describe the subject

industry, the subject and exempt coating categories, and the applicable

control methods and equipment specified in the rule. These definitions

are, therefore, approvable.

Sections 218/219.780 Emission Limitations

The emission limitations specified in these sections apply to all

owners or operators of a motor vehicle refinishing operation located in

the Chicago and Metro-East ozone nonattainment areas. ``Motor vehicle

refinishing'' is defined in this rule as any application of coating to

motor vehicle, mobile equipment, or their parts and components, which

is subsequent to the original coating applied at an original equipment

manufacturing plant (211.3965). In turn, ``motor vehicles'' means

automobiles, trucks, vans, motorcycles, or buses (211.3960). Finally,

``mobile equipment'' is any equipment which may be drawn or is capable

of being driven on a roadway, other than motor vehicles, including, but

not limited to, truck or automobile trailers, farm machinery,

construction equipment, street cleaners, and golf carts (211.3915).

Sections 218/219.780 establish VOM content limitations for

specified categories of coatings applied at each coating applicator

used in motor vehicle refinishing operations. Touch-up coatings,

however, are exempt from VOM content limitations (218/219.780(a))

``Touch-up coatings'' are defined in the rule as coatings applied by

brush or hand held, non-refillable aerosol cans to repair minor surface

damage and imperfections (211.6720).

Likewise, sections 218/219.786 provide VOM content limits for

surface preparation products, which are used to remove foreign matter,

such as wax, tar, grease, and silicone from the surface to be coated.

The specific VOM content limitation for each coating and surface

preparation material category is as follows, expressed as units of VOM

per volume of coating or product applied at each coating or product

applicator, minus water and any compounds that are specifically

exempted from the definition of VOM:

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

kg/l lb/gal

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

(1) Pretreatment wash primer........................ 0.78 6.5

(2) Precoat......................................... 0.66 5.5

(3) Primer/primer surfacer coating.................. 0.58 4.8

(4) Primer sealer................................... 0.55 4.6

(5) Topcoat system or basecoat/clearcoat............ 0.60 5.0

(6) Three or four stage topcoat system.............. 0.63 5.2

(7) Specialty coatings.............................. 0.84 7.0

(8) Anti-glare/safety coating....................... 0.84 7.0

(9) Plastic parts preparation product............... 0.78 6.5

(10) Preparation Products for other substrates...... 0.17 1.4

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

These emission limitations are generally based on ``option 1''

coating limits in the draft CTG. The Illinois rule requires that all

coatings must be used according to manufacturer's specifications and if

the coating is mixed with additives prior to application, this mixing

cannot create a violation of the VOM content limitations (218/

219.780(b)).

Further, specialty coatings must represent no more than 5 percent,

by volume, of all coatings applied by a source on a monthly basis (218/

219.780(c)). This requirement is based upon a draft CTG recommendation

to

[[Page 38579]]

assure that specialty coatings are not used as substitutes for coatings

which are subject to more stringent emission limits. Specialty coatings

for motor vehicles are defined as coatings used for unusual job

performance requirements, including, but not limited to, adhesion

promoters, uniform finish blenders, elastomeric materials, gloss

flatteners, and bright metal trim repair (211.6145).

The rule also contains equations based on those contained in the

draft CTG to determine the weighted average VOM content of topcoat

systems, which include clearcoat/basecoat and three or four stage

topcoat systems (218/219.780(d)). This average must be at or below the

limit to be in compliance.

Sections 218/219.782 Alternative Control Requirements

As an alternative to complying with the coating requirements of

this rule, sections 218/219.782 allow a subject motor vehicle

refinishing operation to operate control equipment that reduces VOM at

the source by at least 90 percent. Subsection (b) states that a

facility may operate either an afterburner or carbon adsorber, or use

an equivalent alternative control plan if approved by the IEPA and EPA

through federally enforceable permit conditions.

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

existing Operating Permit program as satisfying EPA's June 28, 1989 (57

FR at 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. EPA's December 17, 1992, rulemaking

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 the June 28, 1989, rulemaking will be considered federally

enforceable. The December 17, 1992, rulemaking also states Illinois'

operating permit program allows EPA to deem an operating permit not

``federally enforceable.''

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

title 40 of the Code of Federal Regulations (CFR) (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 VOM rules.

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.

EPA has therefore determined that section 218/219.782(b), is

approvable because it requires that any alternative must be equivalent

to the underlying SIP requirements (consistent with part 70) and EPA

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 record keeping and reporting requirements. The procedures

for EPA's approval of these alternative control plans are specified in

a September 13, 1995, letter from the IEPA to Region 5 of the EPA.

Sections 218/219.784 Equipment Specifications

Besides meeting VOM content limits for coatings and surface

preparation materials, motor vehicle refinishing operations in the

Chicago and Metro East nonattainment areas using 20 or more gallons of

coating per calendar year are required by sections 218/219.784 to coat

motor vehicles, mobile equipment, or their parts and components using

either electrostatic or high volume low pressure (HVLP) spray

equipment. Electrostatic spray is already defined in part 211 as a

spray coating method in which opposite electrical charges are applied

to the substrate and the coating; the coating is attracted to the

object due to the electrostatic potential between them (211.1890).

Likewise, HVLP spray is defined as equipment used to apply coatings by

means of a spray gun which operates between 0.1 and 10 pounds per

square inch gauge (psig) air pressure (211.2990). These two definitions

have already been approved in a prior rulemaking action on September 9,

1994 (See 59 FR at 46562). The spray guns are required by the Illinois

rule to be calibrated, operated, and maintained in accordance with the

manufacturer's specifications. Use of this equipment increases the

transfer efficiency of the coating from the applicator to the surface,

thereby reducing overspray and resultant VOM emissions.

Facilities which apply 20 or more gallons of coating per year are

also required under sections 218/219.784 to clean all coating

applicators with a device that recirculates solvent during the cleaning

process, collects spent solvent so it is available for disposal or

recycling, and minimizes evaporation of solvents during cleaning,

rinsing, draining, and storage.

Sections 218/219.786 Surface Preparation Materials

These sections are discussed in conjunction with sections 218/

219.780 above.

Sections 218/219.787 Work Practices

Sections 218/219.787 require that every motor vehicle refinishing

operation in the Chicago and Metro-East ozone nonattainment areas

ensures that fresh and spent solvent, cloth or paper used to apply

solvent for surface preparation or cleanup, waste paint, and sludge are

stored in closed containers. This is intended to reduce evaporation of

solvent and resultant VOM emissions. Further, facilities which are

exempt from equipment specifications because they use less than 20

gallons of coating per year must direct solvent used to clean coating

applicator equipment and paint lines into a container for proper

disposal or recycling.

Sections 218/219.788 Testing

Under sections 218/219.787, motor vehicle refinishing facilities

are required, upon the request of IEPA, to conduct tests in order to

demonstrate compliance with VOM limits or control device requirements.

These tests are to be done in accordance with the applicable test

methods and procedures specified in sections 218/219.105, which were

approved and incorporated into the Illinois SIP on September 9, 1994

(See 59 FR at 46562).

The facility shall notify IEPA 30 days prior to conducting such

tests, as well as submit all test results to IEPA within 45 days after

completion of the tests. In addition, sections 218/219.788 state that

nothing in these sections shall limit the authority to require testing

or inspect facilities under section 114 of the Act.

Sections Section 218/219.789 Monitoring and Record keeping for Control

Devices

Sources using add-on control devices to comply with this rule are

required under sections 218/219.789 to install and operate equipment to

continuously monitor each control device as specified

[[Page 38580]]

in sections 218/219.105(d)(2)(A), which was approved and incorporated

into the SIP on September 9, 1994 (See 59 FR at 46562). Facilities must

also keep and maintain for three consecutive years records of

parameters for control devices as monitored, as well as logs of

operating time and maintenance of the control device and monitoring

equipment, and make all such records available to IEPA immediately upon

request. These requirements are generally consistent with those

provided in the June 1992 VOC model rules for add-on control devices.

An alternative monitoring method, or monitoring of other parameters

than required, can be used if approved by the IEPA and EPA through

federally enforceable permit conditions. As discussed previously for

alternative control plans under section 218/219.782, EPA approved, on

December 17, 1992 (57 FR at 59928), Illinois' existing Operating Permit

program as satisfying EPA's June 28, 1989 (57 FR at 27274), five

criteria regarding Federal enforceability. Moreover, these federally

enforceable permit conditions are subject to the approvability criteria

outlined in the July 21, 1992, rulemaking establishing 40 CFR part 70

(57 FR 32250). The procedures for EPA's review and approval for these

alternative monitoring methods and parameters are specified in a

September 13, 1995, letter from IEPA to Region 5 of EPA. These sections

are, therefore, approvable.

Section 218.219 General Record keeping and Reporting

All motor vehicle refinishing operations in the Chicago and Metro-

East ozone nonattainment areas shall keep the following records on a

monthly basis for three consecutive years, and the records shall be

available to IEPA immediately upon request, as required by sections

218/219.790:

(a) the name and manufacturer of each coating and surface

preparation product used at the facility each month;

(b) the volume of each category of coating purchased (specified

according to emission limit categories) by the facility each month;

(c) the coating mixing instructions, as specified and supplied by

the manufacturer, for each coating purchased each month;

(d) the VOM content, expressed as weight of VOM per volume of

coating, minus water and any compounds that are specifically exempted

from the definition of VOM, recorded on a monthly basis for:

(1) each coating as purchased, if not to be mixed with additives

prior to application on the substrate; or,

(2) each coating after mixing according to the manufacturer's

instructions;

(e) the weighted average VOM content of each basecoat/clearcoat,

and three or four stage coating system purchased by the source,

recorded on a monthly basis;

(f) the total monthly volume of all specialty coatings purchased

and the percentage specialty coatings comprised in the aggregate of all

coatings purchased by the source each month;

(g) the volume of each category of surface preparation material, as

specified by the emission limit categories, purchased by the source

each month;

(h) the VOM content, expressed as weight of VOM per volume of

material, including water, of each surface preparation material

purchased by the source, recorded on a monthly basis.

Although the draft CTG for motor vehicle refinishing recommends

that rules require daily record keeping of coatings and additives to

determine compliance, Illinois indicates that the State rule's

requirements are adequate for the following reasons. On April 30, 1996,

EPA proposed a National rule requiring motor vehicle refinishing

manufacturers to meet coating emission limits that are as stringent as,

or tighter than, the coating limits required under the Illinois rule

(See 61 FR 19005). This rule is required to be made final by March,

1997, as established under the schedule for promulgating consumer and

commercial products, which was published on March 23, 1995 (See 56 FR

at 15264). The Federal rule for motor vehicle refinishing coating

manufacturers, once final, will assure that coating purchases made by

refinishing operations covered under the Illinois rule, will, when

prepared for application according to the manufacturer's mixing

instructions, meet the applicable VOM content limit. Illinois further

indicates that based on extensive outreach with the affected motor

vehicle refinishing industry, the State is assured that manufacturer's

mixing instructions are strictly followed because the industry is

dependent on using these instructions in conjunction with computerized

mixing equipment, in order to obtain customer satisfaction with the

color match of the finished job, and to properly adhere to the

conditions of the coating manufacturer's warranty.

Finally, although certain record keeping requirements are required

for touch-up coatings exemptions under rules for other coating source

categories to ensure the exempted coatings are being used as

substitutes for covered coatings, such record keeping does not need to

be kept for motor vehicle refinishing touch-up coatings exempted under

section 218/219.780, because these coatings are typically dispensed

from small containers and are not capable of being used as substitutes

for the subject coatings.

Based on the reasons outlined above, EPA finds that the Illinois

rule's record keeping is acceptable for determining compliance.

Section 218/219.791 Compliance Date

Sections 218/219.791 require that every motor vehicle refinishing

operation in the Chicago and Metro-East ozone nonattainment areas

comply with applicable requirements of this rule by March 15, 1996,

upon modification, or upon initial start-up.

Section 218/219 Registration

In accordance with sections 218/219.792, each motor vehicle

refinishing operation shall report to the IEPA before or on its

compliance date and annually thereafter the following information: a

description of all coating operations of all refinishing and associated

surface preparation operations at the source, along with a description

of all coating applicators, cleanup operations, and work practices at

the source; certification that the source uses less than 20 gallons of

coating per year (if applicable); a written declaration stating whether

the source is in compliance with coating VOM content limits or

compliance with control device requirements; and a description of any

control device used and when the device became operational. These

reporting requirements are acceptable.

IV. Final Rulemaking Action

The EPA approves, through direct final, the Illinois SIP revision

request governing the control of VOM from motor vehicle refinishing

facilities in the Chicago and Metro-East ozone nonattainment areas.

V. Procedural Background

A. Direct Final Action

The EPA is publishing this action without prior proposal because

EPA views this action as a noncontroversial revision and anticipates no

adverse comments. However, EPA 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

September 23, 1996,

[[Page 38581]]

unless EPA receives adverse or critical comments by August 26, 1996. If

EPA receives comments adverse to or critical of the approval discussed

above, EPA 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. Any parties interested in commenting on

this action should do so at this time. If no such comments are

received, EPA hereby advises the public that this action will be

effective on September 23, 1996.

B. Executive Order 12866

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

for Air and Radiation. The Office of Management and Budget (OMB) has

exempted this regulatory action from Executive Order 12866 review.

C. Applicability to Future SIP Decisions

Nothing in this action should be construed as permitting, allowing

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

SIP. EPA 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.

D. Unfunded Mandates

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

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

EPA 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 EPA 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 EPA must

identify and consider a reasonable number of regulatory alternatives

before promulgating a rule for which a budgetary impact statement must

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

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

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

alternative is not selected or the selection of this alternative is

inconsistent with law.

This final rule only approves the incorporation of existing state

rules into the SIP and imposes no additional requirements. This 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. EPA, therefore, has not prepared a budgetary impact statement or

specifically addressed the selection of the least costly, most cost-

effective, or least burdensome alternative. Furthermore, because small

governments will not be significantly or uniquely affected by this

rule, the EPA is not required to develop a plan with regard to small

governments.

E. Regulatory Flexibility Analysis

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA

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, EPA 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 a State has already imposed. 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 EPA to base its actions

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

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

F. Submission to Congress and the General Accounting Office

Under section 801(a)(1)(A) of the Administrative Procedure Act

(APA) as amended by the Small Business Regulatory Enforcement Fairness

Act of 1996, EPA submitted a report containing this rule and other

required information to the U.S. Senate, the U.S. House of

Representatives and the Comptroller General of the General Accounting

Office prior to publication of the rule in today's Federal Register.

This rule is not a ``major rule'' as defined by section 804(2) of the

APA as amended.

G. Petitions for Judicial Review

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 September 23, 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, Ozone, Volatile organic compounds.

Dated: July 3, 1996.

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)(120) to read

as follows:

Sec. 52.720 Identification of plan.

* * * * *

(c) * * *

(120) On May 5, 1995, and May 31, 1995, the State of Illinois

submitted a rule for motor vehicle refinishing operations, which

consisted of new volatile organic material (VOM) emission limitations

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

areas. This State Implementation Plan revision contains rules which

establish VOM content limits for certain coatings and surface

preparation products used in automobile and mobile equipment

refinishing operations in the Chicago and Metro-East area, as well as

requires these operations to meet certain equipment and work practice

standards to further reduce VOM.

[[Page 38582]]

(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 211.240 Adhesion Promoter, 211.495 Anti-Glare/

Safety Coating, 211.685 Basecoat/Clearcoat System, 211.1875 Elastomeric

Materials, 211.3915 Mobile Equipment, 211.3960 Motor Vehicles, 211.3965

Motor Vehicle Refinishing, 211.5010 Precoat, 211.5061 Pretreatment Wash

Primer, 211.5080 Primer Sealer, 211.5090 Primer Surfacer Coat, 211.6145

Specialty Coatings for Motor Vehicles, 211.6540 Surface Preparation

Materials, 211.6620 Three or Four Stage Coating System, 211.6695

Topcoat System, 211.6720 Touch-Up Coating, 211.6860 Uniform Finish

Blender, amended at 19 Ill. 6823, effective May 9, 1995.

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

for the Chicago Area, Subpart HH; Motor Vehicle Refinishing, Sections

218.780 Emission Limitations, 218.782 Alternative Control Requirements,

218.784 Equipment Specifications, 218.786 Surface Preparation

Materials, 218.787 Work Practices, 218.788 Testing, 218.789 Monitoring

and Record keeping for Control Devices, 218.790 General Record keeping

and Reporting, 218.791 Compliance Date, 218.792 Registration, amended

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

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

for the Metro-East Area, Subpart HH; Motor Vehicle Refinishing,

Sections 219.780 Emission Limitations, 219.782 Alternative Control

Requirements, 219.784 Equipment Specifications, 219.786 Surface

Preparation Materials, 219.787 Work Practices, 219.788 Testing, 219.789

Monitoring and Record keeping for Control Devices, 219.790 General

Record keeping and Reporting, 219.791 Compliance Date 219.792

Registration, amended at 19 Ill. Reg. 6958, effective May 9, 1995.

* * * * *

[FR Doc. 96-18649 Filed 7-24-96; 8:45 am]

BILLING CODE 6560-50-P