Approval and Promulgation of Implementation Plans; Illinois

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IL162-1a; FRL-5926-6]

Approval and Promulgation of Implementation Plans; Illinois

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On September 8, 1997, the State of Illinois submitted a State

Implementation Plan (SIP) revision request to the Environmental

Protection Agency (EPA) which tightens Volatile Organic Material (VOM)

regulations for cold cleaning degreasing operations in the Chicago and

Metro-East ozone nonattainment areas. VOM, as defined by the State of

Illinois, is identical to ``Volatile Organic Compounds'' (VOC), as

defined by EPA. VOM combines with oxides of nitrogen in the atmosphere

to form ground-level ozone, commonly known as smog. Exposure to ozone

is associated with a wide variety of human health effects, agricultural

crop loss, and damage to forests and ecosystems. The State intends to

include the tightened cold cleaning degreasing regulations as part of

its 1999 and 2002 Rate-Of-Progress (ROP) Plans. Illinois expects that

the control measures specified in this SIP revision will reduce VOM

emissions by 11.35 tons per day (TPD) by 1999 in the Chicago area and

0.79 TPD by 1999 in the Metro-East area. This rulemaking action

approves, through direct final, the Illinois SIP revision request.

DATES: The ``direct final'' is effective on January 26, 1998, unless

EPA receives written adverse or critical comments by December 26, 1997.

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

the Federal Register.

ADDRESSES: Copies of this SIP revision request is available for

inspection at the following address:

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

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

recommended that you telephone Mark J. Palermo, Environmental

Protection Specialist at (312) 886-6082 before visiting the Region 5

Office.)

Written comments should be sent to: J. Elmer Bortzer, Chief,

Regulation Development Section, Air Programs Branch (AR-18J), U.S.

Environmental Protection Agency, 77 West Jackson Boulevard, Chicago,

Illinois 60604.

FOR FURTHER INFORMATION CONTACT: Mark J. Palermo, Environmental

Protection Specialist, at (312) 886-6082.

SUPPLEMENTARY INFORMATION:

I. Background

Section 182(c)(2)(B) of the Clean Air Act (Act) requires any

serious and above ozone nonattainment area to achieve post-1996 ROP

reductions of 3 percent of VOC 1990 baseline emissions per year,

averaged over each consecutive 3 year period, until the area has

achieved attainment of the 1-hour ozone National Ambient Air Quality

Standard. In Illinois, the Chicago area (Cook, DuPage, Kane, Lake,

McHenry, Will Counties and Aux Sable and Goose Lake Townships in Grundy

County and Oswego Township in Kendall County) is classified as

``severe'' nonattainment for the 1-hour ozone standard. As such, the

Chicago nonattainment area is subject to the post-1996 ROP requirement.

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

reductions claimed under ROP plans must be achieved through the

implementation of control measures through revisions to the SIP, the

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

Act. Control measures implemented before November 15, 1990, are

precluded from counting toward ROP reduction.

Illinois has submitted tightened cold cleaning degreasing rules for

the control of VOC as a revision to the SIP for the purpose of meeting

post-1996 ROP requirements for the Chicago ozone nonattainment area.

These tightened rules also apply to the Metro-East moderate ozone

nonattainment area (Madison, Monroe, and St. Clair Counties), to help

the area reach attainment.

A public hearing on the tightened rules was held on March 4, 1997,

in Chicago, Illinois. The rules were adopted by the Illinois Pollution

Control Board on June 5, 1997. The rules

[[Page 62952]]

became effective on June 9, 1997; they were published in the Illinois

Register on June 20, 1997. The Illinois Environmental Protection Agency

(IEPA) formally submitted the rules to EPA on September 8, 1997, as a

revision to the Illinois SIP for ozone. EPA made a finding of

completeness in a letter dated October 9, 1997.

The September 8, 1997, submittal includes the following new or

revised rules:

Part 211: Definitions and General Provisions, Subpart B: Definitions,

Section 211.1885 Electronic Component.

Part 218: Organic Material Emission Standards and Limitations for the

Chicago Area, Subpart E: Solvent Cleaning, Section 218.182 Cold

Cleaning.

Part 219: Organic Material Emission Standards and Limitations for the

Metro-East St. Louis Area, Subpart E: Solvent Cleaning, Section 219.182

Cold Cleaning.

The cold cleaning rules contained in part 218 are identical to

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

applies to the Chicago area, while part 219 applies to the Metro-East

area. EPA's evaluation of these rules is as follows.

II. Evaluation of Rules

Cold cleaning degreasing rules were originally implemented by

Illinois as part of the State's Reasonably Available Control Technology

(RACT) requirements for VOC control The rules are codified under 35

Illinois Administrative Code sections 218/219.182, which was

incorporated into the SIP on September 9, 1994 (59 FR 46562). The

September 8, 1997, SIP revision submittal amends sections 218/219.182

to tighten requirements for operators of cold cleaning degreasers and

adds new requirements for sellers of solvent for use in cold cleaning

degreasing operations.

As previously discussed, this SIP revision submittal is required by

the Act to the extent that the rule was submitted to meet Illinois'

post-1996 ROP requirements. A review of what emission reduction this

SIP revision achieves for purposes of ROP will be addressed when

rulemaking action on Illinois post-1996 ROP plan is taken.

To determine whether the Illinois submittal meets the requirements

for an approvable SIP revision, the rules were reviewed for their

consistency with section 110 and part D of the Act. A discussion of the

rules and EPA's evaluation follows.

Material Requirements

Sections 218/219.182(c) have been added to limit the vapor pressure

of solvent used or sold for use in cold cleaning degreasing operations

in the Chicago and Metro-East ozone nonattainment area. Beginning March

15, 1999, the vapor pressure limit is 2.0 millimeters of mercury

(mmHg), or 0.038 pounds per square inch (psi) measured at 20 degrees

Celsius (C) (68 degrees Fahrenheit (F)). On March 15, 2001, the vapor

pressures limit is tightened to 1.0 mmHg (0.019 psi) measured at 20

degrees C (68 degrees F).

Exemptions

The supplier sales requirements under sections 218/219.182(c) do

not apply to the sale of solvents in units less than or equal to 5

gallons. This provision is intended to exclude cleaning solvents sold

at various stores specializing in auto products, including department

stores with auto supply sections. The State submittal documentation

indicates that due to the quantity of solvent used in commercial cold

cleaning operations, and the lower per gallon costs offered by larger

suppliers, facilities engaged in cold cleaning would not typically

purchase their solvents at such auto supply stores.

Sections 218/219.182(f) exempt the cleaning of electronic

components from the March 15, 1999, and March 15, 2001, vapor pressure

limits under section 218/219.182(c). Illinois has defined ``electronic

component'' under section 211.1885 as all portions of an electronic

assembly, including, but not limited to, circuit board assemblies,

printed wire assemblies, printed circuit boards, soldered joints,

ground wires, bus bars, and associated electronic component

manufacturing equipment such as screens and filters. The State

submittal documentation indicates that this exemption was added based

on concern that the 1.0 mmHg vapor pressure solvent would not

adequately clean certain types of electronic equipment.

Sections 218/219.182(g) also exempt from section 218/219.182(c) any

cold cleaning taking place in a Detrex cold batch degreaser Model # 2D-

CC-SPL Size 24-4-10, or substantial equivalent, including automated

loading of parts, totally enclosed operation (excluding loading or

unloading) and permitted by IEPA. The State submittal documentation

indicates that Detrex degreasers, and other substantially similar,

large-scale degreasing operations, are highly controlled and

specialized operations which provide emissions reductions that are

equivalent or more stringent than the vapor pressure limits required

under sections 218/219.182(c).

Compliance Testing

Sections 218/219.186 indicate that the test methods under sections

218/219.110 shall be used to determine vapor pressures to demonstrate

compliance with Illinois' cold cleaning degreasing regulations under

sections 218/219.182. These test method provisions were incorporated

into the SIP on September 9, 1994 (59 FR 46562).

Recordkeeping

Sections 218/219.182(d) and (e) require subject solvent suppliers

and users to maintain documents which indicate the solvent's vapor

pressure at the prescribed temperature. The marketers of cold cleaning

solvents to users must keep records indicating the name and address of

the solvent purchaser, the date of purchase, the type of solvent

purchased, the solvent unit quantity, the total volume purchased, and

the vapor pressure of the solvent purchased measured in mmHg at 20

degrees C (68 degrees F). Solvent users must maintain records for each

solvent purchase indicating the name and address of the solvent

supplier, the date of the solvent purchase, the type of solvent

purchased, and the vapor pressure of solvent measured in mmHg at 20

degrees C (68 degrees F). These records must be kept for three years.

III. EPA Rulemaking Action

The EPA is approving, through final rulemaking action, Illinois'

tightened cold cleaning degreasing rules for the Chicago and Metro-East

St. Louis ozone nonattainment areas.

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.

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. 603

[[Page 62953]]

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 January 26, 1998. 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, Ozone, Volatile

organic compounds, Incorporation by reference, Recordkeeping and

reporting.

Dated: November 7, 1997.

David A. Ullrich,

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 52.720 is amended by adding paragraph (c)(139) to read

as follows:

Sec. 52.720 Identification of plan.

* * * * *

(c) * * *

(139) On September 8, 1997, the State of Illinois submitted

tightened volatile organic material rules for cold cleaning degreasing

operations in the Chicago and the Metro-East ozone nonattainment 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 211: Definitions and General Provisions, Subpart B:

Definitions, Section 211.1885, amended at 21 Ill. 7695, effective June

9, 1997.

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

for the Chicago Area, Subpart E: Solvent Cleaning, Section 218.182,

amended at 21 Ill. 7708, effective June 9, 1997.

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

for the Metro-East Area, Subpart E: Solvent Cleaning, Section 219.182,

amended at 21 Ill. 7721, effective June 9, 1997.

[FR Doc. 97-31139 Filed 11-25-97; 8:45 am]

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