[Federal Register Volume 59, Number 57 (Thursday, March 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6950]


[[Page Unknown]]

[Federal Register: March 24, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IL 44-1-5481; FRL-4854-4]

 

Approval and Promulgation of Implementation Plans; Illinois

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The United States Environmental Protection Agency (USEPA) is 
proposing to disapprove a February 7, 1992, request by Service 
Plastics, Inc., to incorporate certain operating restrictions for its 
Elk Grove Village, Illinois, facility into the Chicago Federal 
Implementation Plan for ozone (Chicago FIP). If approved by USEPA, this 
restriction (which attempts to limit emissions of volatile organic 
compounds (VOC) to less than 100 tons per year) would exempt Service 
Plastics, Inc. from the otherwise applicable emission limits in the 
Chicago FIP, as promulgated by USEPA on June 29, 1990.

DATES: Comments on this requested revision to the Chicago FIP and on 
USEPA's proposed rulemaking action must be received by April 25, 1994 
at the address below. A public hearing, if requested, will be held in 
Chicago, Illinois. Requests for a hearing should be submitted to J. 
Elmer Bortzer by April 25, 1994 at the address below.

ADDRESSES: Written comments on this proposed action should be addressed 
to: J. Elmer Bortzer, Chief, Regulation Development Section (5AR-18J), 
U.S. Environmental Protection Agency, Region 5, 77 West Jackson Blvd., 
Chicago, Illinois, 60604.
    Comments should be strictly limited to the subject matter of this 
proposal, the scope of which is discussed below. For information on the 
hearing, interested persons may call Ms. Hattie Geisler at (312) 886-
3199. Any hearing will be strictly limited to the subject matter of 
this action, the scope of which is discussed below.

Docket: Pursuant to section 307(d)(1) of the Clean Air Act (Act), 42 
U.S.C. 7607(d)(1), this section is subject to the procedural 
requirements of section 307(d). Therefore, USEPA has established a 
public docket for this action, A-92-51, which is available for public 
inspection and copying between 8 a.m. and 4 p.m., Monday through 
Friday, at the following addresses. We recommend that you contact 
Randolph O. Cano at (312) 886-6036 before visiting the Chicago location 
and Jacqueline Brown before visiting the Washington, DC, location. A 
reasonable fee may be charged for copying.
    U.S. Environmental Protection Agency, Region 5, Regulation 
Development Branch, 18th Floor Southwest, 77 West Jackson Blvd., 
Chicago, Illinois, 60604.
    U.S. Environmental Protection Agency, Docket No. A-92-51, Air 
Docket (LE-131), Room M1500, Waterside Mall, 401 M Street, SW., 
Washington, DC 20460, (202) 245-3639.
FOR FURTHER INFORMATION CONTACT: Steven Rosenthal, Regulation 
Development Branch, U.S. Environmental Protection Agency, Region 5, 77 
West Jackson Blvd., Chicago, Illinois 60604, (312) 886-6052.

SUPPLEMENTARY INFORMATION: Under 40 CFR 52.741 (u) and (x) in the 
Chicago FIP, sources located in Cook, DuPage, Kane, Lake, McHenry and 
Will Counties with total Maximum Theoretical Emissions\1\ (MTE) of more 
than 100 tons per calendar year of VOC\2\ and which are not covered by 
a Control Techniques Guideline document, must comply with certain 
requirements. The rule provides an exemption, however, for sources 
which are limited to 100 tons or less of VOC emissions per calendar 
year, before the application of capture systems and control devices, 
through production or capacity limitations contained in a federally 
enforceable construction permit or a State Implementation Plan (SIP) or 
FIP revision.
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    \1\Maximum theoretical emissions (MTE) is defined in 40 CFR 
52.741(a)(3) as the quantity of volatile organic material emissions 
that theoretically could be emitted by a stationary source before 
add-on controls based on the design capacity or maximum production 
capacity of the source and 8760 hours per year. The design capacity 
or maximum production capacity includes use of coating(s) or ink(s) 
with the highest volatile organic material content actually used in 
practice by the source.
    \2\The term ``volatile organic material'' (VOM) is used in the 
Chicago FIP, in which it has the identical definition as VOC.
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    On February 7, 1992, Service Plastics, Inc. requested a FIP 
revision that would impose the identical limitations on its plant 
operations as those specified in a February 13, 1992, Illinois 
Environmental Protection Agency (IEPA) operating permit. If granted, 
this FIP revision would restrict its use of lacquers, thinners, and 
other VOC containing materials with the intent of keeping its VOC 
emissions below 100 tons per year. IEPA's operating permit contains the 
following limitations on the VOC content and the amount of VOC 
containing materials that can be used at its ELK Grove Village 
facility:
    Emissions and operation of the 27 paint spray booths shall not 
exceed the following limits:

----------------------------------------------------------------------------------------------------------------
                                                   VOC ``as                                                     
              Source                VOC content   applied''           Throughput(gal/yr)                VOC     
                                      (lb/gal)     (lb/gal)                                       emissions(TPY)
----------------------------------------------------------------------------------------------------------------
Lacquer...........................         5.55          6.2  16,000............................           49.6 
Thinner...........................         6.77          6.2  16,000............................           49.6 
Other*............................  ...........  ...........  1,000 lb..........................            0.5 
                                                                                                 ---------------
    Total.........................  ...........  ...........  ..................................           99.7 
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*Other VOC containing materials, including mask wash and cleaning solvent IEPA's Operating Permit requires that 
  the following records be kept:                                                                                
Name of each coating used with VOC content (lb/gal);                                                    
Usage of each coating (gal/mo);                                                                         
VOC content of each coating as ``as applied'' (lb/gal).                                                 

    An April 1, 1992, discussion with a Service Plastics, Inc. 
representative revealed that the 6.2 pounds VOC per gallon of coating 
limitation is merely an average, based upon the extent to which a 
specific lacquer is thinned with solvent.
    Service Plastics, Inc.'s requested FIP revision is not approvable 
for the following reasons.
    1. The 6.2 pounds VOC per gallon is not a meaningful limit. It is 
merely an average VOC content of lacquers that are used.
    2. The ``other'' category is not specifically defined and, as a 
result, it is not possible to verify how much ``other'' material is 
used.
    3. The recordkeeping requirements are inadequate for the operating 
restrictions that are being requested. Neither the monthly usage of 
``as applied'' coating nor the monthly use of ``other'' material is 
specifically required.
    These deficiencies were discussed with a representative of Service 
Plastics, Inc. on April 1, 1992.

Proposed Rulemaking Action and Solicitation of Public Comment

    For the reasons stated above, USEPA is proposing to disapprove 
Service Plastics, Inc.'s request for a FIP revision in the form of 
operating restrictions on the amount of lacquer, thinners, and other 
VOC-containing materials used. Public comment is solicited on Service 
Plastics, Inc.'s requested revision and on USEPA proposed rulemaking 
action. Additionally, if requested, USEPA will provide an opportunity 
for a public hearing on this proposal. All comments received by the 
close of the public comment period will be considered in the 
development of the USEPA final rule.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., USEPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, USEPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    This action involves only one source, Service Plastics, Inc. 
Therefore, USEPA certifies that this RACT promulgation does not have a 
significant impact on a substantial number of small entities. 
Furthermore, as explained in this notice, the request does not meet the 
requirements of the Act and USEPA cannot approve the request.
    Under Executive Order 12866 today's action is not significant. It 
has been submitted to the Office of Management and Budget (OMB) for 
review.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Ozone.


    Authority: 42 U.S.C. 7401-7671q.

    Dated: March 17, 1994.
Carol M. Browner,
Administrator.
[FR Doc. 94-6950 Filed 3-23-94; 8:45 am]
BILLING CODE 6560-50-P-M