[Federal Register Volume 60, Number 1 (Tuesday, January 3, 1995)]
[Proposed Rules]
[Pages 88-89]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32296]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[IL 45-1-5482; FRL-5131-9]


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 request by Fort Dearborn Lithograph Company 
(FDLC) to incorporate certain operating restrictions for its Chicago, 
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 FDLC 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 February 2, 
1995. A public hearing, if requested, will be held in Chicago, 
Illinois. Requests for a hearing should be submitted to J. Elmer 
Bortzer by February 2, 1995 at the address below.

ADDRESSES: Written comments on this proposed action should be addressed 
to: J. Elmer Bortzer, Chief, Regulation Development Section (AR-18J), 
USEPA, 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)(B) of the Clean Air Act (Act), 42 
U.S.C. 7607 (d)(1)(B), this action is subject to the procedural 
requirements of section 307(d). Therefore, USEPA has established a 
public docket for this action, A-94-40, which is available for public 
inspection and copying between 8:00 a.m. and 4:00 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 the Air Docket at (202) 245-3639 before visiting the Washington 
D.C. location. A reasonable fee may be charged for copying.

[[Page 89]] U.S. Environmental Protection Agency, Region 5, Regulation 
Development Branch, 18th Floor Southwest, 77 West Jackson Blvd., 
Chicago, Illinois, 60604, and
U.S. Environmental Protection Agency, Docket No. A-94-40, Air Docket 
(LE-131), Room M1500, Waterside Mall, 401 M Street, SW., Washington, DC 
20460.

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(x) in the Chicago FIP, 
sources located in Cook, DuPage, Kane, Lake, McHenry and Will Counties 
with total Maximum Theoretical Emissions1 (MTE) of more than 100 
tons per calendar year of VOC2 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.

    \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 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 24, 1992, FDLC requested a FIP revision that would 
impose the identical limitations on its plant operations as those 
specified in a December 16, 1991, Illinois Environmental Protection 
Agency (IEPA) operating permit. A copy of the IEPA operating permit was 
submitted to USEPA on April 13, 1992. If granted, this FIP revision 
would restrict its use of inks, overvarnish, fountain solution, acrylic 
coating, washes, conditioners, and other solvents with the intent of 
keeping its VOC emissions below 100 tons per year.
    FDLC's requested FIP revision is not approvable for the following 
reasons.
    1. FDLC's permit assumes that only 5 percent of the VOC in its 
overvarnish is capable of being emitted. Credit was taken for 95 
percent retention in the substrate for overvarnish without any 
documentation in support of this assumption. Without such 
documentation, it must be assumed that 100 percent of the VOC is 
emitted. Without credit for overvarnish retention, FDLC's operating 
restrictions limit FDLC to 126.6 tons VOC per year, well over the 100 
tons per year applicability cutoff.
    2. FDLC's permit does not require that records of VOC-containing 
material usage be kept. Without such records it is not possible to 
determine FDLC's yearly (for each consecutive 12 month interval) VOC 
emissions.
    These deficiencies were discussed with a representative of FDLC on 
May 20, 1992.

Proposed Rulemaking Action and Solicitation of Public Comment

    For the reasons stated above, USEPA is proposing to disapprove 
FDLC's request for a FIP revision in the form of operating restrictions 
on the amount of VOC containing materials used. Public comment is 
solicited on FDLC's requested revision and on USEPA's 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 USEPA's 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 populations of less than 50,000.
    This action involves only one source, FDLC. Therefore, USEPA 
certifies that this 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.
    The Office of Management and Budget has exempted this regulatory 
action from Executive Order 12866 review.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Ozone.

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

    Dated: December 23, 1994.
Carol M. Browner,
Administrator.
[FR Doc. 94-32296 Filed 12-30-94; 8:45 am]
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