Approval and Promulgation of Implementation Plan; Illinois

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IL169-1a; FRL-6012-7]

Approval and Promulgation of Implementation Plan; Illinois

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On March 6, 1998, the State of Illinois submitted to EPA

amended rules for controlling Volatile Organic Material (VOM) emissions

from wood furniture coating operations in the Chicago and Metro-East

(East St. Louis) ozone nonattainment areas, as a requested revision to

the ozone State Implementation Plan (SIP). VOM, as defined by the State

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

defined by EPA. VOC is an air pollutant which combines with nitrogen

oxides in the atmosphere to form ground-level ozone, commonly known as

smog. Ozone pollution is of particular concern because of its harmful

effects upon lung tissue and breathing passages. This plan was

submitted to meet the Clean Air Act (Act) requirement for States to

adopt Reasonably Available Control Technology (RACT) rules for sources

that are covered by Control Techniques Guideline (CTG) documents. This

rulemaking action approves, through direct final, the Illinois SIP

revision request.

DATES: The ``direct final'' rule is effective on July 20, 1998, unless

EPA receives adverse or critical written comments by June 18, 1998. If

adverse comment is received, EPA will publish a timely withdrawal of

the rule in the Federal Register informing the public that the rule

will not take effect.

ADDRESSES: Copies of the revision request and EPA's Technical Support

Document (TSD) for this rulemaking action are available for inspection

at the following address: U.S. Environmental Protection Agency, Region

5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago,

Illinois 60604. (It is recommended that you telephone Mark J. Palermo

at (312) 886-6082 before visiting the Region 5 Office.)

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

Regulation Development Section, 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(b)(2) of the Act requires all moderate and above ozone

nonattainment areas to adopt RACT rules for sources covered by CTG

documents.\1\ In Illinois, the Chicago area (Cook, DuPage, Kane, Lake,

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

County and Oswego Township in Kendall County) is classified as

``severe'' nonattainment for ozone, and the Metro-East area (Madison,

Monroe, and St. Clair Counties) is classified as ``moderate''

nonattainment. See 40 CFR 81.314.

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\1\ A definition of RACT is cited in a General Preamble-

Supplement published at 44 FR 53761 (September 17, 1979). RACT is

defined as the lowest emission limitation that a particular source

is capable of meeting by the application of control technology that

is reasonably available, considering technological and economic

feasibility. CTGs are documents published by EPA which contain

information on available air pollution control techniques and

provide recommendations on what the EPA considers the ``presumptive

norm'' for RACT.

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On September 9, 1994, EPA approved and incorporated into the SIP a

1993

[[Page 27490]]

version of VOM control rules for wood furniture coating operations in

the Chicago and Metro-East ozone nonattainment areas (59 FR 46562). On

October 26, 1995, EPA approved a revision to these rules' source size

applicability threshold from 100 tons or more of VOM per year Maximum

Theoretical Emissions (MTE) to 25 tons of VOM or more per year

Potential To Emit (PTE) (60 FR 54810). On May 20, 1996, EPA issued a

CTG document providing the recommended presumptive norm for RACT for

wood furniture coating operations. The CTG was produced as the result

of a regulatory negotiation between representatives from industry,

environmental groups, and State and local agencies. On May 27, 1997,

the Illinois Environmental Protection Agency (IEPA) filed a proposal

with the Illinois Pollution Control Board (Board) to revise its

existing wood furniture coating rules to become consistent with the CTG

requirements.

IEPA held public hearings on the wood furniture coating rule

amendments on August 5, 1997, in Edwardsville, Illinois, and August 13,

1997, in Chicago, Illinois. On January 22, 1998, the Board adopted the

proposed amendments in a Final Opinion and Order. On February 13, 1998,

the amended rules were published in the Illinois Register. The

effective date of the rules is February 2, 1998. On March 5, 1998, the

rules were submitted as a requested revision to the SIP for ozone. On

March 25, 1998, EPA sent a finding of completeness of the submittal.

The submittal includes the following new or revised rules.

Part 211: Definitions and General Provisions

Subpart B: Definitions

211.1467 Continuous Coater

211.1520 Conventional Air Spray

211.6420 Strippable Spray Booth Coating

211.7200 Washoff Operations

Part 218: Organic Material Emission Standards and Limitations for

the Chicago Area

Subpart F: Coating Operations

218.204 Emission Limitations

218.205 Daily-weighted Average Limitations

218.210 Compliance Schedule

218.211 Recordkeeping and Reporting

218.215 Wood Furniture Coating Averaging Approach

218.216 Wood Furniture Coating Add-On Control Use

218.217 Wood Furniture Coating Work Practice Standards

Part 219: Organic Material Emission Standards and Limitations for

the Metro East Area

Subpart F: Coating Operations

219.204 Emission Limitations

219.205 Daily-weighted Average Limitations

219.210 Compliance Schedule

219.211 Recordkeeping and Reporting

219.215 Wood Furniture Coating Averaging Approach

219.216 Wood Furniture Coating Add-On Control Use

219.217 Wood Furniture Coating Work Practice Standards

The 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.

II. Analysis of State Submittal

EPA has reviewed the March 6, 1998, submittal for consistency with

the wood furniture CTG's model rule to determine whether the rules meet

RACT and are enforceable. The following is a summary of the SIP

revision and EPA's analysis of the rules. For the complete requirements

of this SIP revision, interested parties should refer to the State

regulations. For more details on EPA's analysis, EPA's TSD for this

rulemaking can be obtained from the Region 5 office listed above.

Applicability and Compliance Date

Illinois wood furniture coating rules apply to sources (1) with

wood furniture coating operations and (2) that have a potential to emit

25 tons of VOM or more per year, which is consistent with the CTG's

model rule. The compliance date to meet the new requirements in the

State's wood furniture coating rules is March 15, 1998.

Emission Limitations

The rules have been amended to modify the value and the units of

measure of the VOM content limitations for wood furniture coating

topcoats and sealers. These new emission limitations, added at section

218/219.204(l)(2), are as follows:

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

Kilograms Pounds (lb)

Coating (kg) VOM/kg VOM/lb

solids solids

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

Topcoat....................................... 0.8 0.8

Non-acid-cured alkyd amino vinyl sealer....... 1.9 1.9

Non-acid-cured alkyd amino conversion varnish. 1.8 1.8

Acid-cured alkyd amino vinyl sealer........... 2.3 2.3

Acid-cured alkyd amino conversion varnish..... 2.0 2.0

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Alternatively, sources can comply with the topcoat and sealer

requirements through an averaging program or through an add-on control

device. Sources using an averaging approach must demonstrate that

emissions from participating coating lines, on a daily basis, are no

greater than 90 percent of what they would be if compliant coatings

were being used. For sources opting to use an add-on control device,

sources must demonstrate that the overall capture and control

efficiency of the control devices secures emission reductions

equivalent to compliance with the coating VOM content limits. Sections

218/219.215 and 218/219.216 provide the necessary equations to

determine compliance with the averaging or add-on control approach.

These equations are based upon similar provisions found under the CTG's

model rule.

The rules as amended retain emission limitations for other

categories of wood furniture coatings that were incorporated into the

SIP on September 9, 1994, including opaque stain, non-topcoat pigmented

coating, repair coating, semi-transparent stain, and wash coat (59 FR

46562). These limitations remain in place under sections 218/

219.204(l)(3) so as to avoid emissions backsliding.

Besides the revised topcoat and sealer emission limitations, the

Illinois rules have been amended to add VOM control requirements for

sources using either wood furniture coating spray booths or continuous

coaters. Affected sources using spray booths shall not use strippable

spray coating containing more than 0.8 kg VOM/kg solids (0.8 lb VOM/lb

solids), as applied. For affected sources using continuous coaters to

apply topcoats and sealers, the reservoir used for the continuous

coaters shall use an initial coating which complies with the VOM

content limits listed in the table above, and the viscosity of the

coating in each reservoir shall always be greater than or equal to the

viscosity of the initial coating in the reservoir. The viscosity of the

reservoir shall be monitored in accordance with requirements provided

in the rules. These control requirements are consistent with the CTG

model rule.

[[Page 27491]]

Work Practices

Illinois' amended rules also include new or revised work practice

standards dealing with coating application and cleaning methods. Under

the previous rule requirements, affected sources could only use the

following methods to apply coatings: airless spray application system,

electrostatic bell or disc application system, heated airless spray

application system, roller coating, brush or wipe coating application

system, dip coating application system, or high volume low pressure

application system. To become consistent with the CTG, the rules are

now modified to generally prohibit the use of conventional air spray

application, defined as a method in which coating is atomized by mixing

it with compressed air at an air pressure greater than 10 lb per square

inch (gauge) at the point of atomization.

Certain exemptions are allowed, however, when applying repair coats

in certain circumstances, when applying coatings with a VOM content no

greater than 1 kg VOM/kg solids (1 lb VOM/lb solids) as applied, when

guns are aimed and triggered automatically, or when an add-on control

device is used. These exemptions are also consistent with the CTG.

As for cleaning requirements, affected sources shall not clean

spray booth components compounds containing more than 8.0 percent, by

weight, of VOM. The cleaning of conveyors, continuous coaters and their

enclosures, and metal filters are exempt from this requirement. If a

spray booth is being refurbished, then the affected source is allowed

to use no more than 1.0 gallon of noncompliant organic solvent to

prepare the spray booth prior to applying the spray booth coating.

These requirements are consistent with the CTG.

Other cleaning requirements added to the rules include the

following: sources must use closed containers when storing or disposing

coating, cleaning, and washoff materials; sources must also pump or

drain all organic solvent used for line cleaning into closed

containers; sources must collect all organic solvent used to clean

spray guns in closed containers; and sources must control emissions

from washoff operations by using closed tanks. These cleaning

requirements are all consistent with the CTG.

Testing

The Illinois wood furniture coating rules as amended retain the

coating testing and add-on control device installation, operation, and

monitoring requirements under sections 218/219.105. These sections were

approved by EPA on September 9, 1994 (59 FR 46562), and are consistent

with the CTG.

Certification, Recordkeeping, and Reporting

To ensure compliance, certification, recordkeeping, and reporting

requirements have been added to the rules. Wood furniture coating

operations in the Chicago and Metro-East ozone nonattainment areas

which are otherwise exempt because their PTE is less than 25 tons of

VOM per year must certify their exemption with IEPA in accordance with

section 218/219.211. Those sources covered under the wood furniture

coating rules must certify compliance by March 15, 1998, upon initial

start-up of a new coating line, or upon changing the method of

compliance.

Daily records must be kept for a period of three years to show

compliance with the emission limitations, the averaging approach, or

the add-on control requirements. Sources which must comply with the new

topcoat and sealer requirements (either the individual limits, the

averaging approach, or the add-on control requirements) must keep daily

records of the weight of VOM per weight of solids in each coating as

applied each day on each coating line, and keep the certified product

data sheets for each coating used. To comply with the averaging

approach under 218/219.215, an affected source must operate pursuant to

federally enforceable state operating permit conditions containing a

detailed description of the source's averaging program. What this

description must include is specified under 218/219.215. In addition to

daily coating records, sources using averaging must also keep daily

records of the calculations showing compliance with either of the

averaging equations provided under 218/219.215. For sources complying

with add-on control requirements under 218/219.216, these sources must

additionally keep control device monitoring data as well as operating

and maintenance logs on a daily basis. Sources which need to comply

with the spray booth or continuous coater requirements must also keep

daily records as specified in the rules. Exceedances of the control

requirements, or change of compliance method, must be reported to IEPA

within 30 days. These requirements are generally consistent with the

CTG and with EPA's VOC RACT policy.

Conclusion

Based on review of the March 6, 1998, SIP submittal's comparison to

the CTG model rule, the EPA finds the State's wood furniture coating

rules constitute RACT and are enforceable. Therefore, the March 6, 1998

submittal satisfies the requirement under section 182(b)(2) of the Act

to adopt RACT level rules for wood furniture coating operations.

III. Final Rulemaking Action

In this rulemaking action, EPA approves the March 6, 1998, Illinois

SIP revision submittal, which will make the amended Illinois wood

furniture coating rules federally enforceable. The EPA is publishing

this action without prior proposal because EPA views this as a

noncontroversial revision and anticipates no adverse comments. However,

in a separate document in this Federal Register publication, the EPA is

proposing to approve the SIP revision should specified adverse or

critical written comments be filed. This action will become effective

without further notice unless the Agency receives relevant adverse

written comment on the parallel proposed rule (published in the

proposed rules section of this Federal Register) by June 18, 1998.

Should the Agency receive such comments, it will publish a final rule

informing the public that this action did not take effect. Any parties

interested in commenting on this action should do so at this time. If

no such comments are received, the public is advised that this action

will be effective on July 20, 1998.

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 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

[[Page 27492]]

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 Comptroller General

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the

Small Business Regulatory Enforcement Fairness Act of 1996, generally

provides that before a rule may take effect, the agency promulgating

the rule must submit a rule report, which includes a copy of the rule,

to each House of the Congress and to the Comptroller General of the

United States. EPA will submit 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 United States prior

to publication of the rule in the 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 July 20, 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, Incorporation by

reference, Intergovernmental relations, Reporting and recordkeeping.

Dated: April 29, 1998.

Barry C. DeGraff,

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 et seq.

Subpart O--Illinois

2. Section 52.720 is amended by adding paragraph (c)(140) to read

as follows:

Sec. 52.720 Identification of plan.

* * * * *

(c) * * *

(140) On March 5, 1998, the State of Illinois submitted amended

rules for the control of volatile organic material emissions from wood

furniture coating operations in the Chicago and Metro-East (East St.

Louis) ozone nonattainment areas, as a requested revision to the ozone

State Implementation Plan. This plan was submitted to meet the Clean

Air Act requirement for States to adopt Reasonably Available Control

Technology rules for sources that are covered by Control Techniques

Guideline documents.

(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, 211.1467 Continuous Coater, 211.1520 Conventional Air

Spray, 211.6420 Strippable Spray Booth Coating, 211.7200 Washoff

Operations, amended at 22 Ill. Reg. 3497, effective February 2, 1998.

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

for the Chicago Area, Subpart F: Coating Operations 218.204 Emission

Limitations, 218.205 Daily-weighted Average Limitations, 218.210

Compliance Schedule, 218.211 Recordkeeping and Reporting, 218.215 Wood

Furniture Coating Averaging Approach, 218.216 Wood Furniture Coating

Add-On Control Use, 218.217 Wood Furniture Coating Work Practice

Standards, amended at 22 Ill. Reg. 3556, effective February 2, 1998.

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

for the Metro East Area, Subpart F: Coating Operations 219.204 Emission

Limitations, 219.205 Daily-weighted Average Limitations, 219.210

Compliance Schedule, 219.211 Recordkeeping and Reporting, 219.215 Wood

Furniture Coating Averaging Approach, 219.216 Wood Furniture Coating

Add-On Control Use, 219.217 Wood Furniture Coating Work Practice

Standards, amended at 22 Ill. Reg. 3517, effective February 2, 1998.

[FR Doc. 98-13299 Filed 5-18-98; 8:45 am]

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