Approval and Promulgation of Implementation Plan; Illinois

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IL176-1a; FRL-6215-3]

Approval and Promulgation of Implementation Plan; Illinois

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On September 16, 1998, the State of Illinois submitted to EPA

amendments to Volatile Organic Material (VOM) rules affecting Illinois'

ozone attainment area (the area of the State not including the Chicago

and Metro-East 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. The amendments contain various deletions of obsolete

provisions, changes of some word usage to comport with other Illinois

VOM regulations, and the addition of certain exemptions from VOM

coating requirements. This rulemaking action approves, using the direct

final process, the Illinois SIP revision request.

DATES: This rule is effective on March 16, 1999, unless EPA receives

adverse written comments by February 16, 1999. If adverse comment is

received, EPA will publish a timely withdrawal of the rule in the

Federal Register and inform the public that the rule will not take

effect.

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

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

Environmental Protection Agency, 77 West Jackson Boulevard, Chicago,

Illinois 60604. Copies of the revision request 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.)

FOR FURTHER INFORMATION CONTACT: Mark J. Palermo, Environmental

Protection Specialist, at (312) 886-6082.

SUPPLEMENTARY INFORMATION:

I. Background

Illinois' SIP for ozone contains several regulations under 35

Illinois Administrative Code (Ill.Adm.Code) 215, which require VOM

controls for stationary sources located in Illinois' attainment area

(the area of the State not including the Chicago and Metro-East ozone

nonattainment areas).\1\ Part 215 originally contained VOM control

rules applicable to sources within the entire State. However, as Clean

Air Act (Act) requirements for VOM control became more stringent for

ozone nonattainment areas, Illinois established Parts 218 and 219 to

contain VOM regulations for the Chicago and Metro-East nonattainment

areas, respectively. Part 215 remained by default to cover sources

outside the nonattainment areas.

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\1\ The Chicago ozone nonattainment area includes Cook, DuPage,

Kane, Lake, McHenry, and Will Counties and Aux Sable and Goose Lake

Townships in Grundy County and Oswego Township in Kendall County.

The Metro-East nonattainment area includes Madison, Monroe, and St.

Clair Counties. See 40 CFR 81.314.

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On October 28, 1997, the Illinois Environmental Protection Agency

(IEPA) filed proposed ``clean-up'' amendments to Part 215 with the

Illinois Pollution Control Board (Board). The amendments contain

various deletions of obsolete provisions, changes of some word usage to

comport Part 215 with other Illinois VOM regulations, and the addition

of certain exemptions from VOM coating requirements. Public hearings

were held on December 18, 1997, in Chicago, Illinois and on December

22, 1997, in Springfield, Illinois. An Economic Impact hearing was held

on March 30, 1998, in Springfield, Illinois.

On June 4, 1998, the Board adopted a Final Opinion and Order for

the Part 215 clean-up amendments. On July 6, 1998, the amended rules

were published in the Illinois Register. The specific sections of Part

215 which have been amended are as follows:

Subpart A: General Provisions

215.104 Definitions

215.109 Monitoring for Negligibly-Reactive Compounds

Subpart F: Coating Operations

215.204 Emission Limitations for Manufacturing Plants

215.205 Alternative Emission Limitations

215.206 Exemptions from Emission Limitations

215.207 Compliance by Aggregation of Emissions Units

215.211 Compliance Dates and Geographical Areas

215.212 Compliance Plan

215.214 Roadmaster Emissions Limitations (Repealed)

Subpart Z: Dry Cleaners

215.601 Perchloroethylene Dry Cleaners (Repealed)

215.602 Exemptions (Repealed)

215.603 Leaks (Repealed)

215.604 Compliance Dates and Geographical areas (Repealed)

215.605 Compliance Plan (Repealed)

215.606 Exception to Compliance Plan (Repealed)

The amendments to the Part 215 rules are summarized as follows.

Definitions

Several definitions contained under Part 215 are identical to

definitions contained in Part 211. Illinois has deleted these identical

definitions from Part 215. Section 215.104 indicates that the

definitions under Part 211 shall apply to Part 215. In addition, the

definition of ``Reid Vapor Pressure'' under 215.104 is amended to

include the correct abbreviation of pounds per square inch absolute.

Replacement of ``Source'' by ``Emission Unit''

``Emission unit'' has become the standard term of art used

throughout federal and State VOM regulations. Therefore, references

under Part 215 to ``source'' or ``emission source'' have been replaced

by ``emission unit'' to reflect current usage.

2,500 gallon/year Coating Exemption

Part 215 provides for VOM content limitations for coating

operations. Previous to these amendments, section 215.206 had allowed

coating plants an exemption from coating emission limitations if a

coating plant's emission of VOM is limited by operating permit to not

exceed 22.7 megagrams/year (25 tons/year), in the absence of air

pollution control equipment. The amendments expand the exemption to

coating plants in which the total coating usage does not exceed 9,463

liters/year (2,500 gallons/year).

IEPA knows of one source which would be affected by this exemption,

Sundstrand Aerospace Division of Sundstrand Corporation (Sundstrand),

in Rockford, Illinois. Sundstrand has two coating plants in which the

majority of the VOM emissions come from degreasing rather than coating

operations. Since the definition of ``Coating Plant'' at section

211.1250 includes the entire building in which the coating occurs, VOM

emissions from all emission units housed in the same building as a

coating unit would be included in determining whether the 25 tons/year

exemption would apply to that coating unit. According to IEPA, the two

Sundstrand plants have been meeting the 25 tons/year exemption, but

cannot increase production without losing the exemption. Since

degreasing operations are already subject to VOM emission control under

Part 215, IEPA does not believe that a 2,500 gallon/year coating

exemption for each coating plant would negatively impact air quality.

Illinois knows of no other source besides Sundstrand which would be

impacted by this new exemption.

Touch-up and Repair Coating Exemption

An exemption from VOM coating limitations has been added to section

215.206 for touch-up and repair coatings. The exemption provides that

touch-up and repair coatings are exempt from emission limitations

provided that the source-wide volume of such coatings does not exceed

0.95 liters (1 quart) per eight-hour period, or exceed 209 liters/year

for any rolling twelve-month period. ``Touch-up and repair coating'' is

defined as any coating used to cover minor scratches and nicks that

occur during manufacturing or assembly processes. The exemption

provision requires certain recordkeeping and reporting requirements to

ensure that the exemption is properly used. This exemption is based on

the touch-up and repair coating exemption which has been added to Parts

218 and 219 under section 218/219.208, and approved as revisions to the

SIP on February 13, 1996 (see 61 FR 5511).

Roadmaster Site-Specific Rule Repealed

Section 215.214 contains a site-specific coating rule applicable to

the Roadmaster Corporation's facility located in Olney, Illinois.

Roadmaster has indicated to IEPA that it has shut down the coaters to

which the site-

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specific rule applies, and that it wishes to have the site-specific

rule withdrawn. The rule has therefore been repealed through these

amendments.

Perchloroethylene Dry Cleaner Rule Repealed

The amendments delete all regulatory requirements pertaining to

perchloroethylene dry cleaners found in part 215. Perchloroethylene was

delisted as a VOM by the EPA on February 7, 1996 (see 61 FR 4588). On

February 7, 1997, the Board adopted a final rulemaking delisting

perchloroethylene as VOM under State regulations. The State has deleted

the perchloroethylene dry cleaner requirements from Part 215 because

the rules are no longer necessary given that perchloroethylene

negligibly contributes to ozone formation, and that perchloroethylene

dry cleaners are now regulated under National Emission Standards for

Hazardous Air Pollutant (NESHAP) regulations promulgated September 22,

1993 (58 FR 49354).

II. EPA Review of SIP Revision

Section 110(l) of the Clean Air Act (Act) allows EPA to approve

revisions to the SIP as long as the revision would not interfere with

any applicable requirement concerning attainment and reasonable further

progress and any other applicable requirement under the Act. Since the

part 215 rules affect only the ozone attainment area, Reasonably

Available Control Technology (RACT) or Rate-Of-Progress (ROP)

requirements for VOM rules pursuant to section 182 of the Act do not

apply. Rather, with this SIP revision, EPA needs to determine whether

these rule amendments will interfere with maintenance of the ozone

National Ambient Air Quality Standard (NAAQS) in the Illinois

attainment area.

The part 215 revision relaxes the SIP in three areas: the 2,500

gallon coating exemption for coating plants; the touch-up and repair

coating exemption; and the deletion of perchloroethylene dry cleaning

rules.

The 2,500 gallon coating exemption is expected to affect only two

coating plants in the Illinois attainment area, both controlled by

Sundstrand Corporation. The IEPA has determined that the exemptions

should not impact air quality due to the fact that no other sources are

known to be affected besides Sundstrand, that the majority of

Sundstrand's coating plant emissions are controlled under degreasing

rules, and the general applicability threshold for permitting coating

plants in the Illinois attainment area is 5,000 gallons. The EPA agrees

that the 2,500 gallon coating exemption will not impact maintenance of

the ozone NAAQS in the Illinois attainment area.

As for the touch-up coating and repair exemption, EPA has already

approved a 0.95 liter (1 quart) per eight-hour/209 liter (55 gallons)

per year exemption for touch up and repair coatings for the Illinois

nonattainment areas, and such exemption is acceptable under EPA policy.

The exemption has sufficient recordkeeping and reporting requirements

to ensure enforceability. EPA finds that such exemption will not impact

maintenance of the ozone NAAQS in the Illinois attainment area.

Finally, since EPA has found perchloroethylene emissions negligibly

contribute to ozone formation, perchloroethylene dry cleaning rules are

no longer necessary to maintain the ozone standard in the Illinois

attainment area. As was noted in EPA's February 7, 1996, rulemaking

which delisted perchloroethylene as a VOC, EPA believes that the

control of perchloroethylene under NESHAP rules is the proper approach

to controlling these emissions.

In summary, the exemptions as well as other changes made to the

part 215 amendments are approvable under section 110(l) of the Act.

III. Final Rulemaking Action

In this rulemaking action, EPA approves the September 16, 1998,

Illinois SIP revision submittal, which will make Part 215 VOM

attainment area rule amendments 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 written comments be filed.

This action will be effective without further notice unless EPA

receives relevant adverse written comment by February 16, 1999. Should

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

informing the public that this action will 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 March 16, 1999.

IV. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget (OMB) has exempted this

regulatory action from Executive Order (E.O.) 12866, entitled

``Regulatory Planning and Review.''

B. Executive Order 12875

Under E.O. 12875, EPA may not issue a regulation that is not

required by statute and that creates a mandate upon a state, local, or

tribal government, unless the Federal government provides the funds

necessary to pay the direct compliance costs incurred by those

governments. If the mandate is unfunded, EPA must provide to the Office

of Management and Budget a description of the extent of EPA's prior

consultation with representatives of affected state, local, and tribal

governments, the nature of their concerns, copies of written

communications from the governments, and a statement supporting the

need to issue the regulation. In addition, E.O. 12875 requires EPA to

develop an effective process permitting elected officials and other

representatives of state, local, and tribal governments ``to provide

meaningful and timely input in the development of regulatory proposals

containing significant unfunded mandates.'' Today's rule does not

create a mandate on state, local or tribal governments. The rule does

not impose any enforceable duties on these entities. Accordingly, the

requirements of section 1(a) of E.O. 12875 do not apply to this rule.

C. Executive Order 13045

Protection of Children from Environmental Health Risks and Safety

Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) Is

determined to be ``economically significant'' as defined under E.O.

12866, and (2) concerns an environmental health or safety risk that EPA

has reason to believe may have a disproportionate effect on children.

If the regulatory action meets both criteria, the Agency must evaluate

the environmental health or safety effects of the planned rule on

children, and explain why the planned regulation is preferable to other

potentially effective and reasonably feasible alternatives considered

by the Agency.

This rule is not subject to E.O. 13045 because it is does not

involve decisions intended to mitigate environmental health or safety

risks.

D. Executive Order 13084

Under E.O. 13084, EPA may not issue a regulation that is not

required by statute, that significantly affects or uniquely affects the

communities of Indian tribal governments, and that imposes substantial

direct compliance costs on those communities, unless the

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Federal government provides the funds necessary to pay the direct

compliance costs incurred by the tribal governments. If the mandate is

unfunded, EPA must provide to the Office of Management and Budget, in a

separately identified section of the preamble to the rule, a

description of the extent of EPA's prior consultation with

representatives of affected tribal governments, a summary of the nature

of their concerns, and a statement supporting the need to issue the

regulation. In addition, E.O. 13084 requires EPA to develop an

effective process permitting elected and other representatives of

Indian tribal governments ``to provide meaningful and timely input in

the development of regulatory policies on matters that significantly or

uniquely affect their communities.'' Today's rule does not

significantly or uniquely affect the communities of Indian tribal

governments. Accordingly, the requirements of section 3(b) of E.O.

13084 do not apply to this rule.

E. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA) generally requires an agency

to conduct a regulatory flexibility analysis of any rule subject to

notice and comment rulemaking requirements unless the agency certifies

that the rule will not have a significant economic impact on a

substantial number of small entities. Small entities include small

businesses, small not-for-profit enterprises, and small governmental

jurisdictions. This final rule will not have a significant impact on a

substantial number of small entities because SIP approvals under

section 110 and subchapter I, part D of the Clean Air Act do not create

any new requirements but simply approve requirements that the State is

already imposing. Therefore, because the Federal SIP approval does not

create any new requirements, I certify that this action will not have a

significant economic impact on a substantial number of small entities.

Moreover, due to the nature of the Federal-State relationship under the

Clean Air Act, preparation of flexibility analysis would constitute

Federal inquiry into the economic reasonableness of state action. The

Clean Air Act forbids EPA to base its actions concerning SIPs on such

grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976);

42 U.S.C. 7410(a)(2).

F. Unfunded Mandates

Under Section 202 of the Unfunded Mandates Reform Act of 1995

(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA

must prepare a budgetary impact statement to accompany any proposed or

final rule that includes a Federal mandate that may result in estimated

annual costs to State, local, or tribal governments in the aggregate;

or to private sector, of $100 million or more. Under Section 205, EPA

must select the most cost-effective and least burdensome alternative

that achieves the objectives of the rule and is consistent with

statutory requirements. Section 203 requires EPA to establish a plan

for informing and advising any small governments that may be

significantly or uniquely impacted by the rule.

EPA has determined that the approval action promulgated does not

include a Federal mandate that may result in estimated annual costs of

$100 million or more to either State, local, or tribal governments in

the aggregate, or to the private sector. 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 to the private sector, result from this action.

G. 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. A major rule cannot

take effect until 60 days after it is published in the Federal

Register. This rule is not a ``major'' rule as defined by 5 U.S.C.

804(2).

H. Petitions for Judicial Review

Under section 307(b)(1) of the Clean Air Act, petitions for

judicial review of this action must be filed in the United States Court

of Appeals for the appropriate circuit by March 16, 1999. 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

requirements.

Dated: December 21, 1998.

David A. Ullrich,

Acting Regional Administrator, Region 5.

For the reasons stated in the preamble, title 40, chapter I, 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)(145) to read

as follows:

Sec. 52.720 Identification of plan.

* * * * *

(c) * * *

(145) On September 16, 1998, the State of Illinois submitted

amendments to Volatile Organic Material (VOM) rules affecting Illinois'

ozone attainment area (the area of the State not including the Chicago

and Metro-East ozone nonattainment areas). The amendments contain

various deletions of obsolete provisions, changes of some word usage to

comport Part 215 with other Illinois VOM regulations, and the addition

of certain exemptions from VOM coating requirements.

(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 215: Organic Material Emission Standards and Limitations;

Subpart A: General Provisions, 215.104 Definitions, 215.109 Monitoring

for Negligibly-Reactive Compounds; Subpart F: Coating Operations,

215.204 Emission Limitations for Manufacturing Plants, 215.205

Alternative Emission Limitations, 215.206 Exemptions from Emission

Limitations, 215.207 Compliance by Aggregation of Emissions Units,

215.211 Compliance Dates and Geographical Areas, 215.212 Compliance

Plan, and 215.214 Roadmaster Emissions Limitations (Repealed); Subpart

Z: Dry Cleaners, 215.601 Perchloroethylene Dry Cleaners

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(Repealed), 215.602 Exemptions (Repealed), 215.603 Leaks (Repealed),

215.604 Compliance Dates and Geographical areas (Repealed), 215.605

Compliance Plan (Repealed), and 215.606 Exception to Compliance Plan

(Repealed), amended at 22 Ill. Reg. 11427, effective June 19, 1998.

[FR Doc. 99-1018 Filed 1-14-99; 8:45 am]

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