Approval and Promulgation of State Implementation Plan; Illinois

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IL117-1a; FRL-5857-3]

Approval and Promulgation of State Implementation Plan; Illinois

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: In this action, EPA is approving, as revisions to the Illinois

State Implementation Plan (SIP): Rate-Of-Progress (ROP) plans for the

purpose of reducing Volatile Organic Compound (VOC) emissions in the

Chicago ozone nonattainment area (Cook, DuPage, Kane, Lake, McHenry,

and Will Counties, Oswego Township in Kendall County, and Aux Sable and

Goose Lake Townships in Grundy County) and in the Metro-East St. Louis

ozone nonattainment area (Madison, Monroe, and St. Clair Counties) by

15 percent by November 15, 1996, relative to 1990 baseline emissions;

contingency plans for the same ozone nonattainment areas for the

purpose of achieving an additional 3 percent VOC emission reductions

beyond the 15 percent ROP plans; and transportation control measures

(TCM) for the Metro-East St. Louis area. Emissions of VOC react with

nitrogen oxides in sunlight to form ground-level ozone, commonly known

as smog. High concentrations of ground-level ozone can aggravate

asthma, cause inflammation of lung tissue, decrease lung function, and

impair the body's defenses against respiratory infection. In this

action, EPA is approving Illinois' 15% ROP and contingency plans

through a ``direct final'' rulemaking; the rationale for this approval

is set forth below.

DATES: This final rule is effective September 12, 1997 unless adverse

written comments are received by

[[Page 37495]]

August 13, 1997. If the effective date is delayed, timely notice will

be published in the Federal Register.

ADDRESSES: Comments may be mailed to: J. Elmer Bortzer, Chief,

Regulation Development Section, Environmental Protection Agency, Region

5, Air and Radiation Division, Air Programs Branch (AR-18J), 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 Mark J.

Palermo at (312) 886-6082, 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: Mark J. Palermo, Environmental

Protection Specialist, at (312) 886-6082.

SUPPLEMENTARY INFORMATION:

I. Background on Rate-Of-Progress and Contingency Plan Requirements and

EPA Review Criteria

On November 15, 1990, Congress enacted amendments to the Clean Air

Act (Act); Pub. L. 101-549, 104, Stat. 2399, codified at 42 U.S.C.

7401-7671q. Section 182(b)(1) of the Act requires States with ozone

nonattainment areas classified as moderate and above to submit ROP

plans to reduce VOC emissions by 15 percent from 1990 levels by

November 15, 1996, accounting for growth in the VOC emissions occurring

after 1990. For purposes of these plans, the Act, under sections

182(b)(1)(B) and (D), defines baseline emissions as the total amounts

of actual VOC emissions from all anthropogenic sources in the ozone

nonattainment areas during the calendar year of the enactment of the

revision of the Act (1990), subtracting or factoring out emission

reductions achieved by the Federal Motor Vehicle Emissions Control

Program (FMVCP) regulations promulgated before January 1, 1990, and by

the 1990 gasoline Reid Vapor Pressure (RVP) regulations (55 FR 23666,

June 11, 1990). 1 The baseline emissions are also referred

to as the ``1990 adjusted base year inventories.'' EPA interprets

``calendar year'' emissions to consist of typical ozone season weekday

emissions, because the ozone National Ambient Air Quality Standard

(NAAQS) (0.12 parts per million, one-hour average) is generally

exceeded or violated during ozone season weekdays when ozone precursor

emissions and meteorological conditions are the most conducive to ozone

formation. (See ``State Implementation Plans: General Preamble for the

Implementation of Title I of the Clean Air Act Amendments of 1990,''

proposed rule (57 FR 13507), Federal Register, April 16, 1992

(hereafter referred to as the General Preamble)).

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\1\ The 1990 RVP regulations limit the volatility of gasoline in

ozone nonattainment areas during the ozone season. The FMVCP

provides vehicle emission limits that automobile manufacturers must

meet in designing and building new automobiles.

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Section 182(b)(1)(D) of the Act places limits on what emission

reductions can be claimed by ROP plans. All permanent and enforceable

VOC emission reductions occurring after 1990 are creditable with the

following exceptions: (1) those resulting from any emission control

measure relating to motor vehicle exhaust and evaporative emissions

promulgated by the Administrator by January 1, 1990; (2) those due to

RVP regulations promulgated by the Administrator by November 15, 1990,

or due to regulations required under section 211(h) of the Act; (3)

those due to measures to correct Reasonably Available Control

Technology (RACT) regulations as required under section 182(a)(2)(A) of

the Act; and (4) those due to measures to correct previously noted

problems in an existing vehicle inspection and maintenance (I/M)

program as required under section 182(a)(2)(B) of the Act.

Section 172(c)(9) of the Act requires States with ozone

nonattainment areas classified as moderate and above to adopt

contingency measures by November 15, 1993. Such measures must provide

for the implementation of specific emission control measures if an

ozone nonattainment area fails to achieve ROP or fails to attain the

NAAQS within the time-frames specified under the Act. Section 182(c)(9)

of the Act requires that, in addition to the contingency measures

required under section 172(c)(9), the contingency measure SIP revision

for serious and above ozone nonattainment areas must also provide for

the implementation of specific measures if the area fails to meet any

applicable milestone in the Act. As provided by these sections of the

Act, the contingency measures must take effect without further action

by the State or by the EPA Administrator upon failure by the State to

meet ROP requirements or attainment of the NAAQS by the required

deadline, or other applicable milestones of the Act.

The General Preamble states that the contingency measures, in

total, must generally provide for 3 percent reductions from the 1990

baseline emissions. While all contingency measures must be fully

adopted rules or measures, States can use the measures in two different

ways. A State can choose to implement contingency measures before the

November 15, 1996, ROP milestone deadline. Alternatively, a State may

decide not to implement a contingency measure until an area has

actually failed to achieve a ROP or attainment milestone. In the latter

situation, the contingency measure emission reduction must be achieved

within one year following identification of a milestone failure.

The EPA has developed a number of guidelines addressing the review

of ROP and contingency plans and addressing such topics as: (1) the

relationship of ROP plans to other SIP elements required by the Act;

(2) recommended emission reduction levels for various control measures

including Federal emission control measures; and (3) emission inventory

projection procedures. All relevant guidelines are listed below.

1. Procedures for Preparing Emissions Projections, EPA-450/4-91-

019, Environmental Protection Agency, July 1991.

2. State Implementation Plans; General Preamble for the

Implementation of Title I of the Clean Air Act Amendments of 1990;

Proposed rule (57 FR 13498), Federal Register, April 16, 1992.

3. ``November 15, 1992, Deliverables for Reasonable Further

Progress and Modeling Emission Inventories,'' memorandum from J. David

Mobley, Edwin L. Meyer, and G. T. Helms, Office of Air Quality Planning

and Standards, Environmental Protection Agency, August 7, 1992.

4. Guidance on the Adjusted Base Year Emissions Inventory and the

1996 Target for the 15 Percent Rate of Progress Plans, EPA-452/R-92-

005, Environmental Protection Agency, October 1992.

5. ``Quantification of Rule Effectiveness Improvements,''

memorandum from G. T. Helms, Chief, Ozone/Carbon Monoxide Programs

Branch, Office of Air Quality Planning and Standards, Environmental

Protection Agency, October 1992.

6. Guidance for Growth Factors, Projections, and Control Strategies

for the 15 Percent Rate-of-Progress Plans, EPA-452/R-93-002, March

1993.

7. ``Correction to `Guidance on the Adjusted Base Year Emissions

Inventory and the 1996 Target for the 15 Percent Rate of Progress

Plans','' memorandum from G. T. Helms, Chief, Ozone/Carbon Monoxide

Programs Branch, Office of Air Quality Planning and Standards,

[[Page 37496]]

Environmental Protection Agency, March 2, 1993.

8. ``15 Percent Rate-of-Progress Plans,'' memorandum from G. T.

Helms, Chief, Ozone/Carbon Monoxide Programs Branch, Office of Air

Quality Planning and Standards, Environmental Protection Agency, March

16, 1993.

9. Guidance on the Relationship Between the 15 Percent Rate-of-

Progress Plans and Other Provisions of the Clean Air Act, EPA-452/R-93-

007, Environmental Protection Agency, May 1993.

10. ``Credit Toward the 15 Percent Rate-of-Progress Reductions from

Federal Measures,'' memorandum from G. T. Helms, Chief, Ozone/Carbon

Monoxide Programs Branch, Environmental Protection Agency, May 6, 1993.

11. Guidance on Preparing Enforceable Regulations and Compliance

Programs for the 15 Percent Rate-of-Progress Plans, EPA-452/R-93-005,

Environmental Protection Agency, June 1993.

12. ``Correction Errata to the 15 Percent Rate-of-Progress Plan

Guidance Series,'' memorandum from G. T. Helms, Chief, Ozone and Carbon

Monoxide Programs Branch, Environmental Protection Agency, July 28,

1993.

13. ``Early Implementation of Contingency Measures for Ozone and

Carbon Monoxide (CO) Nonattainment Areas,'' memorandum from G. T.

Helms, Chief, Ozone/Carbon Monoxide Programs Branch, Environmental

Protection Agency, August 13, 1993.

14. ``Region III Questions on Emission Projections for the 15

Percent Rate-of-Progress Plans,'' memorandum from G.T. Helms, Chief,

Ozone/Carbon Monoxide Programs Branch, Office of Air Quality Planning

and Standards, Environmental Protection Agency, August 17, 1993.

15. ``Guidance on Issues Related to 15 Percent Rate-of-Progress

Plans,'' memorandum from Michael H. Shapiro, Acting Assistant

Administrator for Air and Radiation, Environmental Protection Agency,

August 23, 1993.

16. ``Credit Toward the 15 Percent Requirements from Architectural

and Industrial Maintenance Coatings,'' memorandum from John S. Seitz,

Director, Office of Air Quality Planning and Standards, Environmental

Protection Agency, September 10, 1993.

17. ``Reclassification of Areas to Nonattainment and 15 Percent

Rate-of-Progress Plans,'' memorandum from John S. Seitz, Director,

Office of Air Quality Planning and Standards, Environmental Protection

Agency, September 20, 1993.

18. ``Clarification of Guidance for Growth Factors, Projections and

Control Strategies for the 15 Percent Rate of Progress Plans,''

memorandum from G. T. Helms, Chief, Ozone/Carbon Monoxide Programs

Branch, Office of Air Quality Planning and Standards, Environmental

Protection Agency, October 6, 1993.

19. ``Review and Rulemaking on 15 Percent Rate-of-Progress Plans,''

memorandum from G. T. Helms, Chief, Ozone/Carbon Monoxide Programs

Branch, Office of Air Quality Planning and Standards, Environmental

Protection Agency, October 6, 1993.

20. ``Questions and Answers from the 15 Percent Rate-of-Progress

Plan Workshop,'' memorandum from G. T. Helms, Chief, Ozone/Carbon

Monoxide Programs Branch, Environmental Protection Agency, October 29,

1993.

21. ``Rate-of-Progress Plan Guidance on the 15 Percent

Calculations,'' memorandum from D. Kent Berry, Acting Director, Air

Quality Management Division, Environmental Protection Agency, October

29, 1993.

22. ``Clarification of Issues Regarding the Contingency Measures

that are due November 15, 1993, for Moderate and Above Ozone

Nonattainment Areas,'' memorandum from D. Kent Berry, Acting Director,

Air Quality Management Division, Environmental Protection Agency,

November 8, 1993.

23. ``Credit for 15 percent Rate-of-Progress Plan Reductions from

the Architectural and Industrial Maintenance (AIM) Coating Rule,''

memorandum from John S. Seitz, Director, Office of Air Quality Planning

and Standards, Environmental Protection Agency, December 9, 1993.

24. ``Guidance on Projection of Nonroad Inventories to Future

Years,'' memorandum from Philip A. Lorang, Director, Emission Planning

and Strategies Division, Office of Air and Radiation, Environmental

Protection Agency, February 4, 1994.

25. ``Discussion at the Division Directors Meeting on June 1

Concerning the 15 Percent and 3 Percent Calculations,'' memorandum from

G. T. Helms, Chief, Ozone/Carbon Monoxide Programs Branch, Office of

Air Quality Planning and Standards, Environmental Protection Agency,

June 2, 1994.

26. ``Future Nonroad Emission Reduction Credits for Court-Ordered

Nonroad Standards,'' memorandum from Philip A. Lorang, Director,

Emission Planning and Strategies Division, Office of Air and Radiation,

Environmental Protection Agency, November 28, 1994.

27. ``Credit for the 15 Percent Rate-of-Progress Plans for

Reductions from the Architectural and Industrial Maintenance (AIM)

Coating Rule and the Autobody Refinishing Rule,'' memorandum from John

S. Seitz, Director, Office of Air Quality Planning and Standards,

Environmental Protection Agency, November 29, 1994.

28. ``Transmittal of Rule Effectiveness Protocol for 1996

Demonstrations,'' memorandum from Susan E. Bromm, Director, Chemical,

Commercial Services and Municipal Division, Office of Compliance,

Environmental Protection Agency, December 22, 1994.

29. ``Future Nonroad Emission Reduction Credits for Locomotives,''

memorandum from Philip A. Lorang, Director, Emission Planning and

Strategies Division, Office of Air and Radiation, Environmental

Protection Agency, January 3, 1995.

30. ``Credit for the 15 Percent Rate-of-Progress Plans for

Reductions from the Architectural and Industrial Maintenance (AIM)

Coating Rule,'' memorandum from John S. Seitz, Director, Office of Air

Quality Planning and Standards, Environmental Protection Agency, March

22, 1995.

31. ``Fifteen Percent Rate-of-Progress Plans--Additional

Guidance,'' memorandum from John S. Seitz, Director, Office of Air

Quality Planning and Standards, Environmental Protection Agency, May 5,

1995.

32. ``Update on the credit for the 15 percent Rate-of-Progress

Plans for Reductions from the Architectural and Industrial Maintenance

Coatings Rule,'' memorandum from John S. Seitz, Director, Office of Air

Quality Planning and Standards, Environmental Protection Agency, March

7, 1996.

II. Rate-Of-Progress and Contingency Plan Submittals for the

Chicago and Metro-East St. Louis Ozone Nonattainment Areas

A. Administrative Actions/Requirements

The Act requires States to observe certain procedural requirements

in developing SIPs and SIP revisions for submittal to the EPA. Sections

110(a)(2) and 110(l) of the Act provide that each SIP submitted by a

State must be adopted by the State after reasonable notice and public

hearing.

The State of Illinois held a public hearing on October 15, 1993, to

hear and collect public comments on the 15 percent ROP and 3 percent

contingency plans for both the Chicago and the Metro-East St. Louis

ozone nonattainment areas. Subsequently, the plans were adopted by the

State and submitted to EPA on November 15, 1993. The submittals

included records

[[Page 37497]]

of public comments, hearing records, and responses to public comments.

The plans were supplemented with additional submittals to the EPA on

February 18, 1994, November 22, 1994, January 31, 1995, and May 23,

1995. These subsequent submittals contain supplemental documentation on

the State's emission reduction estimates for various source categories.

At EPA's request, the Illinois Environmental Protection Agency (IEPA)

made additional submittals of technical support information and updated

emission estimates on May 9, 1996, and July 22, 1996. All of the above

submittals are considered to be part of the record of decision for this

rulemaking. All submittals are available for review at the EPA Region 5

offices noted above.

On January 21, 1994, by letter, the EPA found the November 1993,

submittals to be incomplete due to an incomplete set of State emission

control regulations. Subsequently, the State adopted and submitted all

required regulations. EPA found the ROP and contingency plan submittals

to be complete, by letter, on June 15, 1995.

B. Accurate Emission Inventories

Sections 172(c)(3) and 182(b)(1) of the Act require nonattainment

plans to include and be based on comprehensive, accurate, and current

inventories of actual emissions from all sources of relevant pollutants

in the nonattainment areas. On March 14, 1995 (60 FR 13631), EPA

approved base year (1990) VOC emission inventories for the Chicago and

Metro-East St. Louis ozone nonattainment areas (the inventories also

included major source emissions from surrounding areas). The VOC

emissions from these emission inventories establish the baseline for

Illinois' ROP and contingency plans.

It should be noted throughout the discussions that follow that

volatile organic emissions are referred to as VOC emissions. In the

Illinois ROP and contingency plans (as well as in the base year

emission inventory documentation), the State uses the term ``Volatile

Organic Material (VOM)'' rather than VOC. The State's definition of VOM

is equivalent to EPA's definition of VOC. The two terms are

interchangeable when discussing volatile organic emissions. For

consistency with the Act and with EPA policy, the term VOC is used in

this rulemaking. VOC emissions referred to in today's action are

identical to VOM emissions referred to in Illinois' ROP and contingency

measure plans.

C. Required VOC Emission Reductions

Following EPA ROP guidelines (primarily guidance contained in the

Guidance on the Adjusted Base Year Emissions Inventory and the 1996

Target of the 15 Percent Rate of Progress Plans, EPA-452/R-92-005,

October 1992, and in the Guidance for Growth Factors, Projections, and

Control Strategies for the 15 Percent Rate-of-Progress Plans, EPA-452/

R-93-002, March 1993), the IEPA has determined that creditable VOC

reductions (as opposed to noncreditable emission reductions defined in

section 182(b)(1)(D) of the Act) of 249.98 tons per day (TPD) for the

Chicago ozone nonattainment area, and 26.66 TPD for the Metro-East St.

Louis ozone nonattainment area are needed to achieve the 15% ROP

requirement. To meet the 3 percent contingency requirement, the IEPA

determined that the contingency measures must also achieve a 31.92 TPD

VOC emission reduction in the Chicago ozone nonattainment area and 4.96

TPD VOC emission reduction in the Metro-East St. Louis ozone

nonattainment area. The IEPA has fully documented the calculation of

these emission reduction requirements and has shown that EPA

recommended procedures were followed. This documentation includes

identification of emission/source growth factors and noncreditable

emission reductions from emission controls referenced in section

182(b)(1)(D) of the Act. Tables 1 and 2 summarize the calculation of

emission reductions needed by 1996.

Table 1.--Emission Reductions Required by 1996 for the Chicago Area

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

Tons VOC/

Calculation of reduction needs by 1996 day

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

1990 Chicago Area Total VOC Emissions...................... 1,363.40

1990 ROP Emissions (Anthropogenic only).................... 1,216.56

1990-1996 Noncreditable Reductions (Reductions from 1990

RVP, Pre-1990 FMVCP, and RACT Fix-up Regulations)......... 199.93

1990 Adjusted Base Year Emissions (1990 ROP Emissions minus

Noncreditable Reductions)................................. 1,064.05

15 Percent of Adjusted Base Year Emissions................. 159.61

Total Required Emission Reductions by 1996 (15 Percent of

Adjusted Base Year Emissions plus Noncreditable

Reductions)............................................... 359.54

1996 Target Level (1990 ROP Emissions minus Total Required

Emission Reductions by 1996).............................. 857.02

1996 Projected Emissions (1990 Adjusted Base Year Emissions

plus Growth Factors)...................................... 1,107.00

Reduction needs by 1996 to achieve 15 percent net of growth

(1996 Projected Emissions plus 1996 Target Level)......... 249.98

Contingency measure requirement (3% of Adjusted Base Year

Emissions................................................. 31.92

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Total emission reductions required................... 281.90

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Table 2.--Emission Reductions Required by 1996 for the Metro-East St.

Louis Area

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

Tons VOC/

Calculation of reduction needs by 1996 day

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1990 Metro-East Area Total VOC Emissions................... 234.79

1990 ROP Emissions (Anthropogenic only).................... 174.65

1990-1996 Noncreditable Reductions (1990 RVP, Pre-1990

FMVCP, and RACT Fix-Up Reductions)........................ 10.75

1990 Adjusted Base Year Emissions (1990 ROP Emissions minus

Noncreditable Reductions)................................. 165.24

15 Percent of Adjusted Base Year Emissions................. 24.79

Total Required Emission Reductions by 1996 (15 Percent of

Adjusted Base Year Emissions plus Noncreditable

Reductions)............................................... 35.54

1996 Target Level (1990 ROP Emissions minus Total Required

Emission Reductions by 1996).............................. 139.11

1996 Projected Emissions (1990 Adjusted Base Year Emissions

plus Growth Factors)...................................... 165.77

Reduction needs by 1996 to achieve 15 percent net of growth

(1996 Projected Emissions minus 1996 Target Level)........ 26.66

Contingency measure requirement (3% of Adjusted Base Year

Emissions................................................. 4.96

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[[Page 37498]]

Total emission reductions required................... 31.62

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D. Control Measures

Tables 3 and 4 below summarize the creditable emission reductions

from the 15% ROP and 3% contingency plan control measures. These tables

indicate the emission reduction credit the State has claimed for each

control measure, and the actual emission reduction credit which EPA

finds acceptable. Unless otherwise noted, the emission control measures

apply to both the Chicago and Metro-East St. Louis ozone nonattainment

areas. Table 5 indicates the date of EPA approval of State adopted

control measures, date of EPA promulgation of Federal control measures,

or an identification of the source for taking credit for a control

measure, where EPA promulgation has not occurred. Following the tables

is a discussion describing each of the emission control measures

selected to help achieve ROP and contingency measure plan requirements,

and EPA's review of the emission reduction claimed for each control

measure. (Note that the IEPA, in describing the selected emission

control measures and emission reduction impacts, does not distinguish

between ROP plan measures and contingency plan measures).

Emission reductions not needed to achieve 15 percent ROP and 3

percent contingency requirements in the Chicago and Metro-East St.

Louis ozone nonattainment areas, respectively, will be applied toward

achieving the post-1996 ROP requirement, leading to attainment of the

ozone air quality standard. (Post-1996 ROP plans are required to be

submitted under section 182(c)(2)(B) of the Act).

Table 3.--Control Measures for the Chicago Ozone Nonattainment Area

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

Voc Voc

reduction reduction

Control measure state credit

claimed accepted

tons/day tons/day

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

Mobile Source Measures

Enhanced Vehicle I/M Program.................. 19.60 (1)

Conventional TCMs............................. 2.00 2.00

National Energy Policy Act of 1992............ 0.20 0.20

Post-1994 Tier 1 Vehicle Emission Rates....... 2.40 2.40

1995 Reformulated Gasoline.................... 112.79 112.79

1992 Vehicle I/M Program Amendments........... 8.40 8.40

Federal Detergent Additive Gasoline........... 2.20 2.20

Federal Non-Road Small Engine Standards....... 4.37 4.37

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

Subtotal................................ 151.96 132.36

Industrial Source Measures

RACT Geographic Expansion..................... 3.43 3.43

Expanded RACT--Lowered Source Size Cutoffs (25

Tons Per Year)............................... 2.78 2.78

New Control Technique Guidelines (CTG):....... ........... ...........

Synthetic Organic Chemical Manufacturing

Industry (SOCMI) Batch Processes......... 12.60 3.21

Industrial Waste Treatment Facilities

(IWTF)................................... 0.14 0.14

Volatile Organic Liquid (VOL) Storage..... 2.18 2.18

Plastic Parts Coating..................... 0.28 0.28

Lithographic Printing..................... 4.06 4.06

Automobile Refinishing.................... 16.30 16.30

Coke Oven National Emission Standard for

Hazardous Air Pollutants (NESHAP)/Maximum

Available Control Technology (MACT).......... 6.93 6.93

SOCMI NESHAP.................................. 1.33 1.33

Toxic Substance Disposal Facility (TSDF) RACT

and Resource Conservation Recovery Act (RCRA)

Phase I and II Controls...................... 2.08 2.08

Marine Vessel Loading......................... 1.40 1.40

Tightening of RACT Standards and Source Size

Cutoffs...................................... 12.05 12.05

Plant Shut-Downs.............................. 31.60 31.60

Improved Rule Effectiveness from Clean Air Act

Permit Program (CAAPP)....................... 26.30 26.30

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

Subtotal................................ 123.46 114.07

Area Source Measures

Stage II Service Station Vapor Recovery....... 23.67 23.67

Architectural and Industrial Maintenance (AIM)

Coating...................................... 13.28 10.60

Traffic and Maintenance Coatings.............. 3.73 3.73

Underground Gasoline Storage Tank Breathing

Control...................................... 4.87 4.87

Consumer and Commercial Products Solvent

Control...................................... 8.10 8.10

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

Subtotal................................ 53.65 50.97

=========================

Total................................... 329.07 297.40

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

\1\ See below.

Table 4.--Control Measures for the Metro-East St. Louis Ozone

Nonattainment Area

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

VOC VOC

reduction reduction

Control measure credit credit

requested approved

(TPD) (TPD)

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

Mobile Source Measures

Enhanced Vehicle I/M Program.................. 4.80 (\1\)

Conventional TCMs............................. 0.20 0.20

Post-1994 Tier 1 Vehicle Emission Rates....... 0.19 0.19

7.2/8.2 psi RVP Conventional Gasoline......... 8.55 8.55

1992 Vehicle I/M Program Amendments........... 0.20 0.20

Federal Detergent Additive Gasoline........... 0.20 0.20

Federal Non-Road Small Engine Standards....... 0.42 0.42

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

Subtotal................................ 14.56 9.76

Industrial Source Measures

New CTGs or Available CTGs:

SOCMI Batch Processes..................... 0.36 0.36

IWTF...................................... 0.10 0.10

Automobile Refinishing.................... 1.20 1.20

Coke Oven NESHAP/MACT......................... 0.10 0.10

SOCMI NESHAP.................................. 0.26 0.26

TSDF RACT and RCRA Phase I and II Controls.... 0.06 0.06

Marine Vessel Loading......................... 11.82 11.82

Tightening of RACT Standards and Source Size

Cutoffs...................................... 0.39 0.39

Plant Shut-Downs.............................. 1.44 1.44

Improved Rule Effectiveness From CAAPP........ 9.50 9.50

Hazardous Air Pollutant (HAP) Standards Early

Reduction Program............................ 0.74 0.74

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

Subtotal................................ 25.97 25.97

Area Source Measures

AIM Coating................................... 0.94 0.75

Traffic and Maintenance Coating............... 0.62 0.62

Underground Gasoline Storage Tank Breathing

Control...................................... 0.44 0.44

Consumer and Commercial Product Solvent

Reduction.................................... 0.58 0.58

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

Subtotal................................ 2.58 2.39

=========================

Total................................... 43.11 38.12

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

Table 5.--Federal Approval or Promulgation of Control Measures

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

Control measure Date of EPA approval

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

Chicago Area TCMs...................... September 21, 1995 (60 FR

4886).

Metro-East Area TCMs................... Date of EPA approval action is

date of today's Federal

Register. See discussion

below.

1992 National Energy Policy Act........ Federal Regulation March 14,

1996 (61 FR 10621).

Post-1994 Tier 1 Vehicle Emission Rates Federal Regulation June 5, 1991

(56 FR 25724).

1995 Reformulated Gasoline............. Federal Regulation February 16,

1994 (59 FR 7716).

Metro-East area 7.2 psi RVP March 23, 1995 (60 FR 5318).

Conventional Gasoline Rule.

1992 Vehicle I/M Program Amendments.... April 9, 1996 (61 FR 15715).

Federal Gasoline Detergent Additive.... Federal Regulation November 1,

1994 (59 FR 54706).

Federal Non-Road Small Engine Standards Federal Regulation August 2,

1995 (60 FR 34582) See

``Guidance on Projection of

Nonroad Inventories to Future

Years,'' February 4, 1994, and

``Future Nonroad Emission

Reduction Credits for Court-

Ordered Nonroad Standards,''

November 28, 1994.

Chicago Area RACT Geographic Expansion. September 9, 1994 (59 FR

46562).

Chicago Area Expanded RACT--Lowered October 21, 1996 (61 FR 54556).

Size Cutoffs (25 Tons VOC Per Year).

SOCMI Batch Processes.................. April 2, 1996 (61 FR 14484).

IWTF................................... Federal Regulation April 22,

1994 (59 FR 19468).

VOL Storage Tanks...................... August 8, 1996 (61 FR 41338).

Plastic Parts Coating.................. October 26, 1995 (60 FR 54807).

Lithographic Printing.................. November 8, 1995 (60 FR 56238).

Automobile Refinishing................. July 25, 1996 (61 FR 38577).

Coke Oven NESHAP....................... Federal Regulation October 27,

1993 (58 FR 57911).

SOCMI NESHAP........................... Federal Regulation April 22,

1994 (59 FR 19454).

TSDF RACT (RCRA) Phase I & II.......... Federal Regulation Phase I,

June 21, 1990 (55 FR 25454)

Phase II, December 6, 1994 (59

FR 62896) See ``Credit Toward

the 15 Percent Rate-Of-

Progress Reductions from

Federal Measures,'' May 6,

1993.

Marine Vessel Loading Control.......... April 3, 1995 (60 FR 16801).

[[Page 37500]]

Tightened RACT Coating Standards....... February 13, 1996 (61 FR 5511).

Tightened RACT SOCMI Air Oxidation..... September 27, 1995 (60 FR

49770).

Plant Shut-downs....................... See discussion below.

Improved Rule Effectiveness from CAAPP. March 7, 1995 (60 FR 12478).

HAP Standards Early Reduction Program.. Federal Regulation November 21,

1994 (59 FR 59924).

Underground Gasoline Storage Tank March 23, 1995 (60 FR 15233).

Breathing Controls.

Stage II Gasoline Vapor Recovery....... January 12, 1993 (58 FR 3841).

AIM Coatings........................... Creditable toward ROP. See

``Update on the Credit for the

15 Percent ROP Plans for

Reductions from the AIM

Coatings Rule,'' March 7,

1996.

Traffic and Maintenance Coatings....... Creditable toward ROP. See

``Update on the Credit for the

15 Percent ROP Plans for

Reductions from the AIM

Coatings Rule,'' March 7,

1996.

Consumer and Commercial Products Creditable toward ROP. See

Solvent Control. ``Regulatory Schedule for

Consumer and Commercial

Products under Section 183(e)

of the Clean Air Act,'' June

22, 1995.

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

1. On-Road Mobile Source Sector

a. Enhanced Vehicle I/M. The Illinois 15 percent ROP plan submittal

claims emission reduction credit for enhanced vehicle I/M for the

Chicago and Metro-East St. Louis areas. The State has signed a contract

for the construction and implementation of enhanced I/M, which provides

that enhanced I/M testing will begin in January 1999. Based on EPA's

review of the State's plan submittal, the State has adopted sufficient

measures, in conjunction with credit from certain Federal measures, to

achieve 15 percent ROP and 3 percent contingency requirements without

enhanced I/M. Enhanced I/M will play a significant role in achieving

post-1996 9% ROP requirements, and ultimately, help bring the Chicago

and Metro-East St. Louis ozone nonattainment areas into attainment of

the public health based ozone air quality standards. The amount of

emission reduction credit which can be taken for enhanced I/M will be

determined when Illinois submits and EPA takes action on the State's 9%

ROP plan.

b. Conventional TCMs. The Metropolitan Planning Organizations (MPO)

for the Chicago and Metro-East St. Louis areas (Chicago Area

Transportation Study and East-West Gateway Coordinating Council,

respectively) are administering a number of TCM projects to both reduce

vehicle miles traveled (VMT) and the amount of VOC emissions per VMT.

The projects have been programmed and funded through the areas'

Transportation Improvement Programs (TIP) under the federal Congestion

Mitigation and Air Quality Improvement Program (CMAQ).2

Illinois is claiming emission reductions from the TCMs in its 15

percent ROP plans for the Chicago and Metro-East areas.

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

\2\ MPOs can utilize United States Department of Transportation

(DOT) funds from CMAQ. CMAQ is a federal program which provides

funding for transportation related projects and programs designed to

contribute to attainment of air quality standards.

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

States can take credit for TCMs which are approved as revisions to

the SIP. EPA's requirements for TCMs are summarized in the June 1993,

EPA guidance document, Guidance on Preparing Enforceable Regulations

and Compliance Programs for the 15 Percent Rate-of-Progress Plans. The

required elements are (1) a complete description of the measure, and,

if possible, its estimated emissions reduction benefits; (2) evidence

that the measure was properly adopted by a jurisdiction(s) with legal

authority to execute the measure; (3) evidence that funding will be

available to implement the measure; (4) evidence that all necessary

approvals have been obtained from all appropriate government offices;

(5) evidence that a complete schedule to plan, implement, and enforce

the measure has been adopted by the implementing agencies; and (6) a

description of any monitoring program to evaluate the measure's

effectiveness and to allow for necessary in-place corrections or

alterations.

The Chicago area TCMs were approved on September 21, 1995 (60 FR

4886). The Metro-East St. Louis area's 15 percent ROP plan includes

work trip reductions, transit improvements, and traffic flow

improvements TCMs. These TCMs are being approved in today's action as a

revision to the SIP because they fully satisfy all the requirements

based on the following: (1) A complete description of the program and

estimated emission reduction are provided in documentation included in

the docket for this rulemaking action; (2) the measure has been adopted

by the East-West Gateway Coordinating Council, the authorized MPO for

the St. Louis metropolitan area; (3) the program is currently operating

and has received federal CMAQ program money for operation; (4) all

necessary approvals have been obtained from DOT on the FY 1994-1997 TIP

(which includes the TCMs); (5) the TIP provides the schedule,

implementation mechanism, and also the enforcement mechanism for the

TCM (the conformity provisions in 40 CFR part 93 provide that TCMs in

an approved SIP must be implemented on schedule before a conformity

determination can be made by DOT); and (6) the CMAQ program requires

monitoring of programs funded under CMAQ and annual reports to DOT on

achieved emission reductions.

The emission reductions claimed in the ROP plans for both the

Chicago and Metro-East TCMs are adequately documented and acceptable.

c. National Energy Policy Act of 1992. The National Energy Policy

Act (EPAct) was enacted in October 1992. EPAct mandates implementation

(use) of Alternative Fueled Vehicles (AFVs) in federal, State, and

utility fleets. EPAct requires that 25% of new vehicle purchases by

federal fleets, 10% of new vehicle purchases by State fleets, and 30%

of new vehicle purchases by utility fleets must be AFVs beginning in

1996. IEPA estimated that EPAct would implement approximately 2,000

AFVs in the Chicago Area by 1996. The EPA mobile source emission factor

model, MOBILE5a, was used to determine the impacts of EPAct on mobile

source emissions. The State's emission reduction estimates for this

federal measure are adequately documented and acceptable.

d. Post-1994 Tier 1 Emission Rates. Section 202 of the Act sets new

Tier 1 emission standards for motor vehicles,

[[Page 37501]]

some of which will be implemented prior to the end of 1996. The Tier 1

standards are approximately twice as stringent as prior (established

prior to the 1990 Clean Air Act amendments) motor vehicle emission

standards. For passenger cars and light-duty trucks weighing up to

6,000 pounds, the implementation of the standards is to be phased-in

over three years, 40 percent of the manufactured vehicles for model

year 1994, 80 percent of the manufactured vehicles in model year 1995,

and 100 percent of the manufactured vehicles in the model year 1996 and

later. For gasoline and diesel powered light-duty trucks weighing more

than 6,000 pounds, the Tier 1 standards are to be met in 50 percent of

the manufactured vehicles in model year 1996 and in 100 percent of the

manufactured vehicles thereafter.

The IEPA has determined that the emission reductions resulting from

these tightened vehicle standards are creditable toward the 15 percent

ROP plan and used the MOBILE5a emission factor model to calculate the

VOC emission reductions for this control measure. The State's emission

reduction estimates are adequately documented and acceptable.

e. 1992 I/M Program Amendments. As a result of an agreement

resolving a lawsuit between Wisconsin and EPA, the State of Illinois

added a tamper check and two-speed idle test to the basic I/M program

in the Chicago metropolitan area. The I/M program area coverage was

also increased to encompass almost all of the Chicago metropolitan

area. These changes in the I/M program were implemented in 1992, and

were approved by EPA on April 9, 1996 (61 FR 15715). Similar changes in

the components of the I/M program were implemented in the Metro-East

St. Louis area, as well.

The IEPA used the MOBILE5a emission factor model to estimate the

emission reductions for both areas. The State's emission reduction

estimates are adequately documented and are acceptable.

f. Federal Detergent Gasoline Additive. The Federal detergent

gasoline additive regulation was promulgated November 1, 1994 (59 FR

54706). This regulation requires, beginning January 1, 1995, that

gasoline sold nationwide contain additives to prevent accumulation of

deposits in engines and fuel systems. Preventing such deposits

maintains the efficiencies of engine systems and reduces VOC emissions

resulting from engine efficiency degradation.

The State has reviewed guidance from EPA's Office of Mobile Sources

which indicates that the use of gasoline containing the required

additives will reduce vehicle VOC emissions by 0.7 percent in 1996.

This guidance is the basis for the VOC emission reductions claimed in

the 15 percent ROP plans for this control measure. The emission

reduction estimates are acceptable.

g. Federal Non-Road Small Engine Standards. Federal standards for

non-road engines (25 horsepower and below) were promulgated on August

2, 1995 (60 FR 34582). The standards would primarily affect 2 stroke

and 4 stroke lawn and garden equipment and light commercial,

construction, and logging equipment. Although full implementation of

this control measure will not occur until after November 15, 1996, the

States can take credit for this measure pursuant to EPA policy

memoranda, ``Guidance on Projection of Nonroad Inventories to Future

Years,'' February 4, 1994, and ``Future Nonroad Emission Reduction

Credits for Court-Ordered Nonroad Standards,'' November 28, 1994. Based

on this policy, the IEPA assumed that the Federal non-road small engine

standards would reduce 1996 VOC emissions from these sources by 4.5

percent. The IEPA also assumes that these rules will have a rule

effectiveness of 100 percent because the rules affect all manufacturers

of small engines in the nation. The 4.5 percent emission reduction

claim is assumed to appropriately account for rule penetration (the

fraction of small engine emissions affected by the rule). The assumed

emission reduction percentage is acceptable.

h. Reformulated Gasoline. Beginning January 1, 1995, sellers of

gasoline in the Chicago ozone nonattainment area were required to sell

only reformulated gasoline as required under federal regulation

promulgated February 16, 1994 (59 FR 7716). Using the MOBILE5a emission

factor model, the IEPA has determined that the use of reformulated

gasoline will result in a 15 percent reduction in vehicle VOC

emissions. The IEPA notes that the use of reformulated gasoline will

also result in lower gasoline marketing and off-road engine emissions

in the Chicago ozone nonattainment area. The emission reduction

estimates are adequately documented and acceptable.

i. 7.2 RVP Gasoline. On October 25, 1994, the IEPA submitted to the

EPA a SIP revision request for the purpose of lowering the RVP of

gasoline from 9.0 pounds per square inch (psi) to 7.2 psi in the Metro-

East St. Louis ozone nonattainment area. EPA approved this SIP revision

on March 23, 1995 (60 FR 15233). The Illinois rule requires the use of

7.2 psi RVP gasoline in the Metro-East St. Louis area during the period

of June 1 through September 15 each year beginning in 1995. The rule

grants a 1 psi waiver for ethanol blended gasolines that have an

ethanol content between 9 and 10 percent ethanol by volume.

The IEPA used the MOBILE5a emission factor model to calculate the

resulting VOC emission reduction for on-highway mobile sources.

Illinois used a RVP ratio (reduced RVP versus average RVP of gasoline

sold in 1990) along with 1996 gasoline usage estimates to calculate the

VOC emission reduction from gasoline marketing sources. The calculation

of the emission reduction is adequately documented and acceptable.

2. Industrial Sector

a. RACT Geographic Expansion. The State, on August 13, 1992,

adopted a rule to expand the coverage of existing RACT regulations to

include Oswego Township in Kendall County, and Aux Sable and Goose Lake

Townships in Grundy County. This geographic expansion has affected

several facilities, which are adequately documented in the ROP plan

submittal. EPA approved this expansion on September 9, 1994 (59 FR

46562). The emission reduction estimate is acceptable.

b. RACT--Reduction in Major Source Threshold. Section 182(d) of the

Act defines ``major source'' for severe ozone nonattainment areas to

include any stationary source or group of sources located within a

contiguous area and under common control that emits, or has the

potential to emit, at least 25 tons of VOC per year. This establishes a

maximum source size cutoff for the application of RACT rules (the State

has adopted RACT rules with much smaller source size cutoffs for most

applicable source categories) for severe ozone nonattainment areas,

such as the Chicago area.

On January 6, 1994, the Illinois Pollution Control Board (IPCB)

adopted modified source size cutoffs of 25 tons per year, potential to

emit, for flexographic/rotogravure printing operations, petroleum

solvent dry cleaners, and non-Control Technology Guideline (non-CTG)

sources in the Chicago ozone nonattainment area. Other source

categories regulated in the Chicago area are covered by category-

specific source size applicability cutoffs well below the 25 ton VOC

per year specified in section 182(d) of the Act. EPA approved this

regulation on October 21, 1996 (61 FR 54556). The State's emission

reduction estimates for this rule are adequately documented and

acceptable.

[[Page 37502]]

c. Post-1990 CTG Rules. Section 182(b)(2)(A) of the Act requires

States with moderate and above ozone nonattainment areas to adopt RACT

rules covering post-1990 CTG source categories. Illinois claimed

emission reduction credit for many of the State rules adopted to meet

the section 182(b)(2)(A) requirement. The following briefly discusses

these rules and claimed emission reduction credit taken by the State:

i. SOCMI Batch Processes

Illinois' SOCMI batch process rule controls VOC emissions from

batch chemical processes found in the following industries: plastic

materials and resin manufacturing; cyclic crudes and intermediates

manufacturing and processing; industrial organic chemical

manufacturing; pharmaceuticals manufacturing; gum and wood chemicals

manufacturing; and agricultural chemicals manufacturing. This rule was

derived from an EPA draft CTG dated December 29, 1993, and an EPA

Alternative Control Techniques (ACT) completed in February 1994. The

rule was approved by EPA on April 2, 1996 (61 FR 14484). The IEPA used

RACT flow rate equations from the draft CTG for the development of the

control specifications of SOCMI batch processes. Emissions must be

controlled using condensers, absorbers, adsorbers, thermal destruction

systems, flares, thermal incinerators, or catalytic incinerators. In

determining the applicability of the control requirements of the rule,

owners or operators must determine the actual average flow rates for

vent streams. If the actual average vent stream flow rate (standard

cubic feet per minute) is below the applicability flow rate value

calculated using the RACT flow rate equations (specific to volatility),

the VOC from a process vent must be controlled with a reduction

efficiency of 90 percent (or down to a VOC concentration of no more

than 20 parts per million volume). Sources are exempted from emission

controls if the annual VOC emissions are less than 500 pounds for

individual batch operations or less than 30,000 pounds for a batch

process train. The owner or operator must keep records of average flow

rates during testing periods and annual VOC mass emission rates.

Compliance with this rule is required by March 15, 1996.

The IEPA has determined there are 15 affected facilities in the

Chicago ozone nonattainment area and 3 affected facilities in the

Metro-East St. Louis ozone nonattainment area. The EPA accepts the

emission reductions claimed for these facilities.

It should be noted that the State, during discussions with the EPA,

has raised the point that a significant additional VOC emission

reduction may be claimed for this source category. In the earlier

submittals, the State indicated a significant emission reduction of

9.39 tons per day for an alcohol stripper unit at the Stepan Company's

Millsdale facility (Chicago ozone nonattainment area) (permit/source

number 78030038087). The State and EPA are working with the affected

company to determine the exact timing of the emission reduction. If it

is ultimately determined that the emission reduction occurred after

1990, the State will seek the correction of the ROP plan to credit this

emission reduction in the post-1996 ROP plans.

ii. IWTF

The State is claiming emission reduction from the NESHAP for this

source category, 40 CFR part 63, subpart G, promulgated April 22, 1994

(59 FR 19468). The State's emission reduction estimates for this rule

are adequately documented and acceptable. It should be noted, however,

that the IEPA is still expected to develop a State rule for this source

category to implement RACT. If a RACT level rule is adopted and

implemented in the near future, the State may claim additional emission

reduction credits for this source category in the post-1996 ROP plans.

iii. VOL Storage

On November 30, 1994, the IEPA submitted an adopted rule and

supporting information for the control of VOC emissions at VOL storage

operations in the Chicago and Metro-East St. Louis ozone nonattainment

areas. The EPA approved this rule on August 8, 1996 (61 FR 41339).

The VOL storage emission control requirements apply to facilities

storing VOLs with vapor pressures of 0.75 pounds per square inch

absolute (psia) or greater (facilities storing VOLs with vapor

pressures equal to or exceeding 0.5 psia must keep records of VOLs

stored including VOL vapor pressures) in any storage tank of 40,000

gallons capacity or greater. The rule does not apply to vessels storing

petroleum liquids, which are covered under other rules.

For fixed roof tanks, the VOL storage rule requires the

installation of internal floating roofs with foam or liquid-filled

seals and secondary seals to close the gap between the tank's inner

wall and the floating roof. These controls must be implemented by March

15, 1996.

External floating roof tanks must be equipped with primary and

secondary seals before March 15, 2004, or at the time of the next tank

cleaning, whichever comes first.

For internal floating roof tanks, the internal floating roofs must

be equipped with primary and secondary seals before March 15, 2004, or

at the time of the next tank cleaning, whichever comes first.

Sources may also use closed vent systems and emission control

devices provided the emission control systems are operated with no

detectable emissions or monitored VOC concentrations above 500 parts

per million above background levels. Control devices must be operated

to reduce VOC emissions by at least 95 percent. Storage vessels of

40,000 gallons or greater storage capacity that store VOLs with a

maximum true vapor pressure equal to or greater than 11.1 psia must be

equipped with a closed vent system and emission control device with

emission control efficiency equal to or greater than 95 percent.

Recognizing that only fixed roof tanks would be required to

implement emission controls by the end of 1996, the IEPA claimed

emission reductions for only these types of tanks. The emission

reduction estimates are adequately documented and acceptable.

iv. Plastic Parts Coating

On May 5, 1995, the IEPA submitted an adopted rule for the control

of VOC emissions from automotive/transportation and business machine

plastic parts coating operations in the Chicago and Metro-East St.

Louis ozone nonattainment areas (no applicable sources exist in the

Metro-East St. Louis area). The EPA approved this rule on October 25,

1995 (60 FR 54807).

The rule specifies the VOC content limits for various types of

coating distinguishing between coating of automotive/transportation

plastic parts and business machine plastic parts (see 60 FR 54808).

Sources may also choose to use add-on control devices which achieve

equivalent emission reductions. Compliance with this rule must be met

by March 15, 1996. The emission reductions claimed for this source

category are adequately documented and acceptable.

v. Lithographic Printing

Using EPA's September, 1993 draft CTG for this source category, the

IEPA developed a regulation establishing VOC content limits, emission

control requirements, and required work practices for this source

category. The State's rule includes limitations on the VOC content of

fountain solutions and cleaning solutions. The rule also

[[Page 37503]]

provides for the use of afterburners and other emission control devices

for heat set web offset lithographic printing operations. The rule

establishes recordkeeping, testing, and reporting requirements as well

as work-practice requirements, such as a requirement for the storage of

cleaning materials and spent cleaning solutions in air-tight

containers.

The rule is applicable to all lithographic printing lines at a

facility if the VOC emissions, in total, from the lithographic printing

lines exceed 45.5 kilograms per day or 100 pounds per day. The rule

also applies to facilities with heat set web offset printing lines if

the maximum theoretical emissions of VOC, in total, ever exceed 90.7

megagrams per year or 100 tons per year. Compliance with the rule is

required by March 15, 1996. The EPA approved this rule on November 8,

1995 (60 FR 56238).

The IEPA has determined that 113 facilities in the Chicago ozone

nonattainment area will be affected by the rule, with 49 facilities

likely to require new emission controls. Only one facility in the

Metro-East St. Louis area is expected be affected by the rule, with no

anticipated reduction in VOC emissions. Emission reduction credits for

the Chicago facilities were calculated using the emission reduction

factors for add-on controls, fountain solution reformulation or process

modification, and cleaning solution reformulation provided for model

plants in the September 1993 draft CTG. The emissions reduction credit

claimed is adequately documented and acceptable.

vi. Automobile Refinishing

The EPA, on the behalf of the IEPA, contracted with Midwest

Research Institute (MRI) to conduct a study of the motor vehicle

refinishing industry in the Chicago and Metro-East St. Louis ozone

nonattainment areas. This study included an estimate of the 1990 base

year emissions and the study report recommended emission control

strategies and possible resultant emission reductions. The study

concluded that approximately 1,463 refinishing shops are located in the

Chicago ozone nonattainment area, and 107 are located in the Metro-East

St. Louis ozone nonattainment area.

Based on the study, review of similar regulations developed by the

California Air Resources Board, and discussions with local automobile

refinishing representatives, the IEPA adopted the following coating VOC

content limits (pounds VOC per gallon of coating, minus water and

exempt compounds):

Pretreatment Wash Primer............................................6.5

Precoat.............................................................5.5

Primer/Primer Surfacer Coating......................................4.8

Primer Sealer.......................................................4.6

Topcoat System......................................................5.0

Basecoat/Clearcoat..................................................5.0

Three or Four Stage Topcoat

System............................................................5.2

Specialty Coatings..................................................7.0

Anti-Glare/Safety Coating...........................................7.0

In addition to these VOC content limits, the regulation also

establishes VOC content limits for surface preparation/cleaning

products (6.5 pounds VOC per gallon of plastic parts cleaning compounds

and 1.4 pounds of VOC per gallon of other surface cleaning/preparation

products). The rule also requires the use of gun cleaners designed to

minimize solvent evaporation during the cleaning, rinsing, and draining

operations with recirculation of solvent during the cleaning operation

and collection of spent solvent. Spent and fresh solvent must be stored

in closed containers. Coating application must be done using High

Volume, Low Pressure guns or electrostatic application systems. As an

alternative to the VOC content limits, a facility may use add-on

control systems, such as incinerators or carbon adsorbers, which would

reduce VOC emissions by at least 90 percent. Facilities that use less

than 20 gallons of coatings per year total are exempted from the

coating application and gun cleaner equipment requirements.

Refinishing facilities are required to keep monthly records of

coating purchases and the VOC contents of these coatings. Facilities

are also required to use coatings in accordance with the coating

manufacturer's specifications. Compliance with the rule must be met by

March 15, 1996. The EPA approved the rule on July 25, 1996 (61 FR

38577). The emission reduction estimates for this rule are adequately

documented and acceptable.

d. Coke Oven NESHAP. The coke oven NESHAP, 40 CFR part 63, subpart

L, promulgated on October 27, 1993 (58 FR 57911), control emissions

from coke oven doors, off-takes, lids, and charging. The emission

control requirements of the rule must be met by the end of 1995. The

emission reduction estimates are adequately documented and acceptable.

e. Hazardous Organic NESHAP--SOCMI. The SOCMI NESHAP, 40 CFR part

63, subpart F, promulgated April 22, 1994, (59 FR 19454) affects

processes which produce one or more of the 396 designated SOCMI

chemicals using one or more designated HAPs as a reactant or producing

HAPs as a byproduct or co-product. Under EPA policy memorandum,

``Credit Toward the 15 Percent Rate-Of-Progress Reductions from Federal

Measures,'' May 6, 1993, 5 percent emission reduction from 1990 base

line levels can be claimed from this rule. The State's emission

reduction estimates are acceptable.

f. TSDF RACT (RCRA) Phase I and II. Under RCRA, EPA is taking

action to control VOC emissions in three phases. Phase I regulations

were promulgated by the EPA in June 1990 and became effective in

December 1990. Phase II regulations were promulgated on December 6,

1994. The effective date for the Phase II regulations were suspended

until December 6, 1996 (See 61 FR 59932, November 25, 1996). The Phase

II compliance date is December 8, 1997. Although final compliance with

the Phase II regulation will occur after November 15, 1996, States can

take emission reduction credit for Phase II TSDF regulations toward the

15 percent ROP plan pursuant to EPA policy memorandum, ``Credit Toward

the 15 Percent Rate-Of-Progress Reductions from Federal Measures,'' May

6, 1993. Illinois' emission reduction estimates for these federal rules

are acceptable.

g. Marine Vessel Loading Controls. The State's rule requires a 95

percent reduction in VOC emissions resulting from the loading of

gasoline and crude oil into marine vessels at all marine terminals in

the Chicago and Metro-East St. Louis ozone nonattainment areas which

load gasoline or crude oil into tank ships and barges. The rule applies

between May 1 and September 30 each year beginning in 1996, and

requires that vessel cargo compartments be closed to the atmosphere

during loading using: (1) Devices to protect tanks from

underpressurization and overpressurization; (2) level-monitoring and

alarm systems designed to prevent overfilling; and (3) devices for

cargo gauging and sampling. VOC capture must be achieved with either

(1) a vacuum-assisted vapor collection system, or (2) certification of

vessel vapor-tightness. Piping used in the transfer of gasoline or

crude oil must be maintained and operated to prevent visible liquid

leaks, significant odors, and visible fumes. Owners and operators must

use leak inspection procedures similar to those used at petroleum

refineries.

Based on IEPA's records, there are five affected facilities in the

Chicago ozone nonattainment area and six affected facilities in the

Metro-East St. Louis ozone nonattainment area. To calculate VOC

emission reduction for this source category, the IEPA assumed that

vapor recovery and emissions control systems can reduce VOC

[[Page 37504]]

emissions by 90 percent. The rule was adopted on October 20, 1994, and

was approved by the EPA on April 3, 1995 (60 FR 16801). The emission

reduction credits claimed are adequately documented and acceptable.

h. Tightening of RACT Standards and Cutoffs. Based on an April

1993, Science Applications International Corporation (SAIC) report

titled, ``Technical Document for Reasonably Available Control

Technology for Illinois to Assist in Achieving 15 Percent Reduction in

Ozone Nonattainment Areas,'' the IEPA determined that the VOC content

limits for coatings could be lowered for the following source

categories:

a. Automobile/Truck Coating

b. Paper Coating

c. Fabric Coating

d. Metal Furniture Coating

e. Flexographic/Rotogravure Printing

f. Miscellaneous Surface Coating

g. Can Coating

h. Metal Coil Coating

I. Vinyl Coating

j. Miscellaneous Metal Coating

k. Large Appliance Coating.

After further consideration, the IEPA determined that no additional

tightening of existing coating VOC content limits could be justified at

this time for automobile/truck coating and flexographic/rotogravure

printing.

The State's tightened RACT coating limits are similar to those used

in the South Coast Air Quality Management District of California. The

tightened limits were adopted by the Illinois Pollution Control Board

on April 20, 1995, and were approved by EPA on February 13, 1996 (61 FR

5511). The tightened SOCMI air oxidation requirements were adopted on

October 20, 1994, and were approved by EPA on September 27, 1995 (60 FR

49770). The 15 percent ROP documentation indicates that by November 15,

1996, an estimated 8.00 tons VOC/day emission reduction has occurred

from sources covered under the tightened RACT coating limit rule, and

4.05 tons VOC/day emission reduction has occurred from sources covered

under the tightened SOCMI air oxidation rule. The emission reductions

claimed are acceptable.

i. Plant Shut-downs. Facilities or plant units which have been

shut-down since 1990 were identified through: (1) Facility responses to

permit renewals; (2) responses to Annual Emission Report (AER)

requests; (3) direct field inspections; and (4) requests from the

facilities themselves to have their source permits withdrawn due to

shut-down. Facility closings and emission reductions were verified

through review of Emission Inventory System (EIS) records, permit file

data, and field reports.

To further support the estimated emission reductions, the IEPA has

provided the EPA with a list of closed facilities. The IEPA maintains a

plant shut-down file which documents the methods of verification.

The shut-down credits were calculated using 1990 emissions

projected to 1996 using the Emissions Growth Assessment System (EGAS)

growth factors for specific source units. The projected 1996 emissions

were used because these emissions had already been built into the

projected 1996 emissions used to calculate the emission targets under

the ROP plans.

Emission reductions from the plant shut-downs are made permanent

through the closing of source permits and, therefore, are acceptable.

The source permits for these facilities will not be reissued by the

IEPA. If these sources wish to restart, they will have to go through

new source review and will be controlled through new source emission

control requirements.

j. Improved Rule Effectiveness. Illinois' Title V program, the

CAAPP, covers most source facilities in the two ozone nonattainment

areas. The IEPA submitted the CAAPP to the EPA in November 1993, and

the EPA gave the program interim approval on March 7, 1995 (60 FR

12478). The program became effective in 1996.

A primary emphasis of the CAAPP is rigorous recordkeeping,

reporting, and monitoring. The CAAPP regulations include recordkeeping,

reporting, and monitoring requirements not covered under existing

regulations or emphasizes existing regulations for such requirements.

Sources must submit progress reports to the IEPA at a minimum of every

6 months and the permittees must certify no less frequently than

annually that the facilities are in compliance with the permit

requirements. Source owners or operators must also promptly report any

deviances from permit conditions to the IEPA. The CAAPP requirements

contain significant civil and criminal penalties for source owners or

operators failing to comply with the permit requirements, including the

recordkeeping, reporting, and monitoring requirements.

The IEPA used EPA's rule effectiveness evaluation questionnaire,

and, based on the requirements of the CAAPP regulations, determined

that the CAAPP requirements should lead to a rule effectiveness of 95

percent for all source facilities covered by the CAAPP. The IEPA

determined the VOC emission reduction credit for this rule

effectiveness improvement by considering the ``current'' rule

effectiveness for each facility or source category used to develop the

1990 base year emissions inventory (80 percent for most facilities,

with some facilities starting at 92 percent based on prior study

results). The IEPA documented the rule effectiveness improvement

findings in a report titled ``Impact of CAAPP on Inventory RE.''

In comments on a draft version of the ROP plan, the EPA indicated

to the IEPA that recent changes in Title V requirements and guidelines

to allow more source flexibility could jeopardize the anticipated

improvement in rule effectiveness, particularly since some of the

changes in EPA policy could relax compliance monitoring (the increased

flexibility would allow sources to switch from enhanced monitoring

procedures to less stringent compliance assurance monitoring

procedures). The IEPA, however, views this increased source flexibility

as having minimal impact on the rule effectiveness to be obtained from

the CAAPP. It is pointed out that the EPA engineers who are technically

supporting the compliance assurance monitoring procedures in EPA's

revised Title V policy agree with a rule effectiveness estimate of 95

percent. The EPA agrees with this view and accepts the estimated

emission reduction claimed.

k. HAP Early Reduction Program. This program, promulgated on

November 21, 1994 (59 FR 59924), allows an existing source subject to

an applicable section 112(d) standard to be granted a 6-year compliance

extension upon commitment by the owner or operator of the source that

the source has achieved a reduction of 90 percent or more of HAP by

1994. Emission reductions are determined by comparing the post-control

emissions with verifiable and actual emissions in a base year not

earlier than 1987, except that 1985 or 1986 may be used as a base year

if the emissions data are based on information received before November

15, 1990. In the Metro-East St. Louis nonattainment area, only one

applicable facility has committed to the early reduction program. Under

the program, such commitments are federally enforceable. The reduction

in VOC from this facility due to the program, therefore, is creditable.

3. Area Sources

a. Stage II Vapor Recovery. On August 13, 1992, Illinois adopted

Stage II vapor recovery rules, which require the return of gasoline

vapors to underground storage tanks during automobile refueling. Full

phase-in of the

[[Page 37505]]

requirements occurred on November 1, 1994. EPA approved these rules on

January 12, 1993 (58 FR 3841).

The IEPA has monitored the effectiveness of the Stage II

regulations and the status of service station compliance. The Stage II

controls have been established at most service stations in the Chicago

nonattainment area and have been certified to reduce VOC emissions by

at least 95 percent. The emission reduction estimates derived from this

observation are acceptable.

b. Architectural Surface Coating. EPA is in the process of adopting

a national rule applicable to manufacturers of AIM coatings. EPA

proposed this rule on June 25, 1996 (61 FR 32729). Based on EPA policy

memoranda, the State has assumed that an emission reduction credit of

20 percent could be taken for this source category. Even though the

final rule has not been promulgated, and the compliance with the rule

is not expected until 1998, the EPA is allowing States to take credit

for 20 percent emission reduction credit for this source category,

relative to 1990 emission levels. See ``Credit for the 15 Percent Rate-

Of-Progress Plans for Reductions from the AIM Coating Rule,'' March 22,

1995, and ``Update on the Credit for the 15 Percent Rate-Of-Progress

Plans for Reductions from the Architectural and Industrial Maintenance

Coatings Rule,'' March 7, 1996. The State has calculated emission

reductions for architectural coatings separate from the traffic marking

and maintenance coating provisions of the AIM rule. The State's

emission reduction estimates for architectural coatings are acceptable.

c. Traffic Marking and Maintenance Coating. The State has chosen to

rely on the Federal AIM rule (now expected to be implemented in 1998)

for emission reductions in this source category. Although EPA policy

memoranda,''Credit for the 15 Percent Rate-Of-Progress Plans for

Reductions from the Architectural and Industrial Maintenance Coating

Rule,'' March 22, 1995, and ``Update on the Credit for the 15 Percent

Rate-Of-Progress Plans for Reductions from the Architectural and

Industrial Maintenance Coatings Rule,'' March 7, 1996, indicated that

the State can assume a 20 percent emission reduction for this source

category, the State notes that a more appropriate method for

determining the emission reduction for traffic marking and maintenance

coatings would involve consideration of the VOC content limit (150

grams VOC/liter coating) proposed in EPA's draft AIM rule. Data

supplied by the Illinois Department of Transportation indicates that

the median VOC content in traffic/maintenance coatings in the State of

Illinois in 1990 was 413 grams/liter coating (this median VOC content

level is assumed to apply to both ozone nonattainment areas in the

State). Comparing the proposed limit to this median VOC content level

indicates that a 63.7 percent reduction in VOC emissions would occur if

the proposed VOC content limit were attained. This leads to VOC

reduction estimates of 3.73 TPD for the Chicago area and 0.62 TPD for

the Metro-East St. Louis area. These estimates are acceptable.

d. Underground Gasoline Storage Tank Breathing Controls. The State

rule, adopted by the State on September 15, 1994, requires the

installation of Pressure/Vacuum relief-control valves (P/V valves) on

gasoline storage tank vents by March 15, 1995. The P/V valves must

remain closed against tank pressures of at least 3.5 inches water

column and tank vacuums of at least 6 inches water column. Gasoline

storage tank owners must maintain records of malfunctions and repairs

and must register installation of the P/V valves with the IEPA prior to

March 15, 1995. The P/V valves must be tested annually and the owners

must keep records of the tests. EPA approved this rule on March 23,

1995 (60 FR 15233).

The IEPA estimates that this rule will reduce gasoline breathing

emissions by 90 percent. This emission reduction estimate is acceptable

as are the emission reduction credits claimed for the Chicago and

Metro-East St. Louis areas.

e. Consumer and Commercial Solvents. The March 23, 1995 Federal

Register contained EPA's list of affected product categories and

schedule for regulation of consumer and commercial solvent contents as

required by section 183(e) of the Act. The EPA intends to regulate the

solvent contents in 24 product categories. The Federal Register action

states that the EPA expects the regulation to achieve a 25 percent

reduction in VOC emissions from the regulated product categories. This

regulation was scheduled to be promulgated in 1996. Under EPA policy

memorandum ``Regulatory Schedule for Consumer and Commercial Products

under Section 183(e) of the Clean Air Act,'' June 22, 1995, EPA will

grant an emission reduction credit for this source category even though

emission reductions are not expected to occur until after 1996.

The IEPA cites an EPA study which states that the best estimate of

VOC emissions for consumer and commercial products is 8.03 pounds per

person per year. The study further states that the Federal regulation

of consumer and commercial product solvents is expected to reduce these

emissions by 1 pound per person per year. Using the 1996 projected

populations and the ratio of 6.3 pounds VOC per person per year used

for this source category in the 1990 base year emissions inventory to

the 8.03 pounds per person per year specified in the EPA study, the

IEPA has determined that the Federal rule gives an 8.10 tons VOC per

day reduction in the Chicago ozone nonattainment area and a 0.58 tons

VOC per day reduction in the Metro-East St. Louis ozone nonattainment

area. The emission reduction credits are acceptable.

III. EPA Rulemaking Action

The EPA is approving, through direct final rulemaking action,

Illinois' 15 percent ROP and 3 percent contingency plan SIP revisions

for the Chicago and Metro-East St. Louis ozone nonattainment areas, and

the Metro-East St. Louis TCM work trip reductions; transit

improvements; and traffic flow improvements.

The EPA is publishing this action without prior proposal because

EPA views this as a noncontroversial revision and anticipates no

adverse written comments. However, in a separate document in this

Federal Register publication, the EPA is proposing to approve the SIP

revision should adverse or critical written comments be filed. This

action will be effective on September 12, 1997 unless, by August 13,

1997, adverse or critical written comments on the approval are

received.

If the EPA receives adverse written comments, the approval will be

withdrawn before the effective date by publishing a subsequent

rulemaking that will withdraw the final action. All public written

comments received will be addressed in a subsequent final rule based on

this action serving as a proposed rule. The EPA will not institute a

second comment period on this action. Any parties interested in

commenting on this action should do so at this time. If the effective

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

Register.

Nothing in this action should be construed as permitting, allowing

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

SIP. Each request for revision to the SIP shall be considered

separately in light of specific technical, economic, and environmental

factors and in relation to relevant statutory and regulatory

requirements.

[[Page 37506]]

IV. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget has exempted this regulatory

action from Executive Order 12866 review.

B. Regulatory Flexibility

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. sections 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 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, the Administrator

certifies 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 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 (1976); 42 U.S.C. 7410(a)(2).

C. Unfunded Mandates

Under Section 202 of the Unfunded Mandates Reform Act of 1995,

signed into law on March 22, 1995, EPA must undertake various actions

in association with any proposed or final rule that includes a Federal

mandate that may result in estimated costs to state, local, or tribal

governments in the aggregate; or to the private sector, of $100 million

or more. This Federal action approves pre-existing requirements under

state or local law, and imposes no new requirements. Accordingly, no

additional costs to state, local, or tribal governments, or the private

sector, result from this action.

D. Submission to Congress and the General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added 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 5 U.S.C.

804(2).

E. Petitions for Judicial Review

Under section 307(b)(1) of the Act, petitions for judicial review

of this action must be filed in the United States Court of Appeals for

the appropriate circuit by September 12, 1997. 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,

Intergovernmental relations, Ozone.

Dated: July 2, 1997.

Jerri-Anne Garl,

Acting 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 52.726 is amended by adding paragraphs (p), (q) and (r)

to read as follows:

Sec. 52.726 Control strategy: Ozone.

* * * * *

(p) On November 15, 1993, Illinois submitted 15 percent rate-of-

progress and 3 percent contingency plans for the Chicago ozone

nonattainment area as a requested revision to the Illinois State

Implementation Plan. These plans satisfy sections 182(b)(1), 172(c)(9),

and 182(c)(9) of the Clean Air Act, as amended in 1990.

(q) Approval--On November 15, 1993, Illinois submitted 15 percent

rate-of-progress and 3 percent contingency plans for the Metro-East St.

Louis ozone nonattainment area as a requested revision to the Illinois

State Implementation Plan. These plans satisfy sections 182(b)(1) and

172(c)(9) of the Clean Air Act, as amended in 1990.

(r) Approval--On November 15, 1993, Illinois submitted the

following transportation control measures as part of the 15 percent

rate-of-progress and 3 percent contingency plans for the Metro-East

ozone nonattainment area: work trip reductions; transit improvements;

and traffic flow improvements.

[FR Doc. 97-18403 Filed 7-11-97; 8:45 am]

BILLING CODE 6560-50-P