Approval and Promulgation of Implementation Plans; Illinois

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IL106-1-6707a; FRL-5411-3]

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 26, 1995, the State of Illinois

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

United States Environmental Protection Agency (USEPA) tightening

existing rules for certain surface coating operations, 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 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. ROP 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. Illinois expects the control measures

specified in this surface coating SIP revision will reduce VOM

emissions by 10.16 tons per day (TPD) in the Chicago area and 0.39 TPD

in the Metro-East St. Louis area. The tightened rules lower the VOM

content limit for certain types of coatings used by industries to apply

to cans, paper, coil, fabric, vinyl, metal furniture, large appliances,

and miscellaneous parts and products. Compliance with the rules can be

met through using compliant coatings, add-on control equipment, or

through a new method known as cross-line averaging.

DATES: The ``direct final'' is effective on April 15, 1996, unless

USEPA receives adverse or critical comments by March 14, 1996. If the

effective date is delayed, timely notice will appear in the Federal

Register.

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

(Technical Support Document) are available for inspection at the

following address:

U.S. Environmental Protection Agency, Region 5, Air and Radiation

Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. (It is

recommended that you telephone Mark J. Palermo at (312) 886-6082

before visiting the Region 5 Office.)

Written comments should be sent to:

J. Elmer Bortzer, Chief, Regulation Development Section, Regulation

Development Branch (AR-18J), U.S. Environmental Protection Agency,

77 West Jackson Boulevard, Chicago, Illinois 60604.

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

SUPPLEMENTARY INFORMATION:

I. Background

On September 9, 1994, the USEPA approved an Illinois SIP revision

which was submitted on September 11, 1991, and March 15, 1993, in order

to correct deficiencies in the State's VOM Reasonably Available Control

Technology (RACT) rules. Part of this SIP revision included regulations

found in subpart F of Parts 218 and 219 of the 35 Illinois

Administrative Code (IAC), which established State VOM RACT

requirements for surface coating operations in the Chicago and Metro-

East ozone nonattainment areas, and which replaced part of the Chicago

Federal Implementation Plan (FIP).

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

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% ROP requirement.

In order to meet this requirement, the State of Illinois has to

adopt and submit as SIP revisions several post-1990 control measures to

meet the 15% VOM reductions. One of the control measures Illinois has

decided to implement is to tighten existing VOM emission limits

contained in subpart F of Parts 218 and 219 for certain surface coating

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

On September 12, 1994, the Illinois Environmental Protection Agency

(IEPA) filed the proposed revision to the surface coating rule with the

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

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

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

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

1995; it was published in the Illinois State Register on May 19, 1995.

The IEPA formally submitted the coating rule to USEPA on May 5, 1995,

and May 26, 1995, as a revision to the Illinois SIP for ozone. USEPA

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

II. Analysis of State Submittal

The May 5, 1995, and May 26, 1995, submittals include the following

new or revised rules:

Part 218: Organic Material Emission Standards and Limitations for the

Chicago Area

Subpart F: Coating Operations

218.204 Emission Limitations

218.205 Daily-Weighted Average Limitations

218.207 Alternative Emission Limitations

218.208 Exemptions From Emission Limitations

218.210 Compliance Schedule

218.212 Cross-line Averaging to Establish Compliance for Coating Lines

218.213 Recordkeeping and Reporting for Cross-line Averaging

Participating Coating Lines

218.214 Changing Compliance Methods

218.App.H Baseline VOM Content Limitations for Subpart F, Section

218.212 Cross-Line Averaging

Part 219: Organic Material Emission Standards and Limitations for the

Metro-East St. Louis Area

Subpart F: Coating Operations

219.204 Emission Limitations

219.205 Daily-Weighted Average Limitations

219.207 Alternative Emission Limitations

219.208 Exemptions From Emission Limitations

219.210 Compliance Schedule

219.212 Cross-line Averaging to Establish Compliance for Coating Lines

219.213 Recordkeeping and Reporting for Cross-line Averaging

Participating Coating Lines

219.214 Changing Compliance Methods

219.App.H Baseline VOM Content Limitations for Subpart F, Section

219.212 Cross-line Averaging

The tightened VOM content limits established in revisions to

sections 218/

[[Page 5512]]

219.204 are specified below. The values not marked by an asterisk were

the limits previous to this revision, whereas the values marked by an

asterisk are the new limits. Subject sources will need to meet these

new limits beginning March 15, 1996, while the limits not marked by an

asterisk must be met until March 15, 1996. The limits are expressed in

units of VOM per volume of coating (minus water and any compounds which

are specifically exempted from the definition of VOM).

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

kg/l lb/gal

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Can Coating

(1) Sheet basecoat and overvarnish:

(A) Sheet basecoat................................ 0.34 2.8

*0.26 *2.2

(B) Overvarnish................................... 0.34 2.8

*0.34 *2.8

(2) Exterior basecoat and overvarnish............... 0.34 2.8

*0.25 *2.1

(3) Interior body spray coat:

(A) Two Piece..................................... 0.51 4.2

*0.44 *3.7

(B) Three Piece................................... 0.51 4.2

*0.51 *4.2

(4) Exterior end coat............................... 0.51 4.2

*0.51 *4.2

(5) Side seam spray coat............................ 0.66 5.5

*0.66 *5.5

(6) End sealing compound coat....................... 0.44 3.7

*0.44 *3.7

Paper Coating....................................... 0.35 2.9

*0.28 *2.3

Coil Coating........................................ 0.31 2.6

*0.20 *1.7

Fabric Coating...................................... 0.35 2.9

*0.28 *2.3

Vinyl Coating....................................... 0.45 3.8

*0.28 *2.3

Metal furniture coating:

(1) Air dried..................................... 0.36 3.0

*0.34 *2.8

(2) Baked......................................... 0.36 3.0

*0.28 *2.3

Large appliance coating:

(1) Air dried..................................... 0.34 2.8

*0.34 *2.8

(2) Baked......................................... 0.34 2.8

*0.28 *2.3

Miscellaneous metal parts and products coating:

(1) Clear coating................................. 0.52 4.3

*0.52 *4.3

(2) Extreme performance coating:

(A) Air dried..................................... 0.42 3.5

*0.42 *3.5

(B) Baked......................................... 0.42 3.5

*0.40 *3.3

(3) Steel pail and drum interior coating............ 0.52 4.3

*0.52 *4.3

(4) All other coatings:

(A) Air dried..................................... 0.42 3.5

*0.40 *3.3

(B) Baked......................................... 0.36 3.0

*0.34 *2.8

(5) Marine engine coating:

(A) Air Dried..................................... 0.42 3.5

*0.42 *3.5

(B) Baked:

(i) Primer/Topcoat.............................. 0.42 3.5

*0.42 *3.5

(ii) Corrosion resistant basecoat............... 0.42 3.5

*0.28 *2.3

(C) Clear Coating................................. 0.52 4.3

*0.52 *4.3

(6) Metallic Coating:

(A) Air Dried..................................... 0.42 3.5

*0.42 *3.5

(B) Baked......................................... 0.36 3.0

*0.36 *3.0

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

A coating line can comply with the rule through (a) the use of

coatings which meet the applicable VOM content limits specified in the

rule; (b) demonstration that the daily-weighted average VOM content of

all coatings used on the coating line meet the VOM content limit for

those coatings; (c) use of a capture system and control device which

either reduces the overall emissions of VOM from the coating line by 81

percent, or achieves VOM emission reduction greater than or equal to

that which could be achieved through meeting applicable VOM content

limits, or (d) through cross-line averaging.

Cross-line averaging is a new method established by this rule as an

alternative to complying with the tightened VOM content limits. For

those sources operating coating lines which were in existence prior to

January 1, 1991, but have been replaced with lines using a lower VOM

coating for the same purpose as the pre-existing lines, cross-line

averaging can be used to take VOM reduction credit for such operational

changes in order to offset those pre-existing lines which cannot, for

one reason or another, meet the tightened emission limitations. Sources

using cross-line averaging must demonstrate that the calculated actual

daily VOM emissions from all participating coating lines are less than

the calculated daily allowable VOM emissions from the same group of

coating lines. Use of cross-line averaging is for complying with

tightened VOM content limits only; VOM content limits established in

the surface coating rule prior to this revision must still be met by

all applicable coating lines.

Also established in this rule revision is an exemption for ``touch-

up and repair coatings'' used by can, coil, vinyl, metal furniture,

magnet wire, miscellaneous metal parts and products, and plastic parts

coating operations from meeting VOM content limitations. This exemption

holds provided that the source-wide volume of such coatings used does

not exceed 0.95 l (1 quart) per eight-hour period or 209 l/yr (55 gal/

yr) for any rolling twelve month period. The surface coating rule

defines touch-up and repair coatings as any coating used to cover minor

scratches and nicks that occur during manufacturing and assembly

processes.

In addition to meeting these control requirements, sources will

have to meet applicable provisions for coating analysis and capture

efficiency and control device efficiency test methods under sections

218/219.105, as well as applicable recordkeeping and recording

requirements under sections 218/219.211. Also included in sections 218/

219.105 are monitoring requirements for sources using add-on control

equipment. Sections 218/219.105 and 218/219.211 were approved and

incorporated in the Illinois SIP on September 9, 1994 (See 59 FR at

46562). Finally, 218/219.213 has been added to provide additional

recordkeeping and recording requirements for sources complying with the

rule through cross-line averaging.

III. Final Rulemaking Action

The USEPA has undertaken its analysis of the SIP revision request,

and is approving this SIP revision because it tightens the stringency

of the Illinois SIP. Although the SIP revision does add an exemption

for touch-up and repair coatings from control requirements, this type

of exemption is acceptable under USEPA VOC policy. The surface coating

rule contains all the appropriate test methods and recordkeeping/

recording requirements necessary to be an enforceable SIP.

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

April 15, 1996, unless USEPA receives adverse or critical comments by

March 14, 1996. 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

[[Page 5513]]

document. 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 April 15, 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

for Air and Radiation. The Office of Management and Budget (OMB) 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 April 15, 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.

Dated: January 12, 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)(119) to read

as follows:

Sec. 52.720 Identification of plan.

* * * * *

(c) * * *

(119) On May 5, 1995, and May 26, 1995, the State submitted a

revised rule tightening volatile organic compound emission limitations

for certain surface coating operations in the Chicago and Metro-East

St. Louis areas.

(i) Incorporation by reference. Illinois Administrative Code, Title

35: Environmental Protection, Subtitle B: Air Pollution, Chapter I:

Pollution Control Board, Subchapter c: Emissions Standards and

Limitations for Stationary Sources.

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

for the Chicago Area, Subpart F; Coating Operations, Sections 218.204

Emission Limitations, 218.205 Daily-Weighted Average Limitations,

218.207 Alternative Emission Limitations, 218.208 Exemptions From

Emission Limitations, 218.210 Compliance Schedule, 218.212 Cross-line

Averaging to Establish Compliance for Coating Lines, 218.213

Recordkeeping and Reporting for Cross-line Averaging Participating

Coating Lines, 218.214 Changing Compliance Methods, 218 Appendix H

Baseline VOM Content Limitations for Subpart F, Section 218.212 Cross-

Line Averaging, amended at 19 Ill. 6848, effective May 9, 1995.

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

for the Metro-East Area, Subpart F; Coating Operations, Sections

219.204 Emission Limitations, 219.205 Daily-Weighted Average

Limitations, 219.207 Alternative Emission Limitations, 219.208

Exemptions From Emission Limitations, 219.210 Compliance Schedule,

219.212 Cross-line Averaging to Establish Compliance for Coating Lines,

219.213 Recordkeeping and Reporting for Cross-line Averaging

Participating Coating Lines, 219.214 Changing Compliance Methods, 219

Appendix H Baseline VOM Content Limitations for Subpart F, Section

219.212 Cross-line Averaging, amended at 19 Ill. Reg. 6958, effective

May 9, 1995.

[FR Doc. 96-3084 Filed 2-12-96; 8:45 am]

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