[Federal Register Volume 60, Number 161 (Monday, August 21, 1995)]
[Rules and Regulations]
[Pages 43394-43396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20647]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[IL62-1-5674A; FRL-5281-6]


Approval and Promulgation of Implementation Plans; Illinois

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The United States Environmental Protection Agency (USEPA) 
approves a requested revision to the Chicago ozone Federal 
Implementation Plan (FIP) as it pertains to the American Decal & 
Manufacturing Company (ADMC) in Chicago, Illinois. This action revises 
the Chicago FIP and incorporates the revised requirements into the Code 
of Federal Regulations. The rationale for the approval is set forth in 
this final rule; additional information is available at the address 
indicated below. Elsewhere in this Federal Register, USEPA is proposing 
approval, soliciting public comment, and offering an opportunity for a 
public hearing on this requested FIP revision. If adverse comments are 
received or a public hearing is requested on this direct final rule, 
USEPA will withdraw this final rule and address the comments received 
in a new final rule. Unless this final rule is withdrawn, no further 
rulemaking will occur on this requested FIP revision.

DATES: This final rule is effective October 20, 1995 unless adverse 
comments are received or someone requests a public hearing by September 
20, 1995. If the effective date is delayed, timely notice will be 
published in the Federal Register.

ADDRESSES: Written comments can be mailed to: J. Elmer Bortzer, Chief, 
Regulation Development Section (AR-18J), Regulation Development Branch, 
Air and Radiation Division, U.S. Environmental Protection Agency, 77 
West Jackson Boulevard, Chicago, Illinois 60604.
    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-95-14, which is 
available for public inspection and copying between 8 a.m. and 4 p.m., 
Monday thru Friday, at the following addresses. We recommend that you 
contact Steven Rosenthal before visiting the Chicago location and 
Rachel Romine before visiting the Washington, D.C. location. A 
reasonable fee may be charged for copying.

The United States Environmental Protection Agency, Region 5, Regulation 
Development Branch, Eighteenth Floor, Southeast, 77 West Jackson 
Boulevard, Chicago, Illinois, 60604, (312) 886-6052.
The United States Environmental Protection Agency, Docket No. A-95-14, 
Air Docket (LE-131), Room M1500, Waterside Mall, 401 M Street SW., 
Washington, D.C. 20460, (202) 245-3639.

FOR FURTHER INFORMATION CONTACT: Steven Rosenthal, Environmental 
Engineer (312) 886-6052.

SUPPLEMENTARY INFORMATION: On June 29, 1990, USEPA promulgated a FIP 
for the six counties in the Chicago metropolitan area: Cook, DuPage, 
Kane, Lake, McHenry, and Will. 55 FR 26818, codified at 40 CFR 52.741. 
This FIP required that certain volatile organic compound sources comply 
with reasonably available control technology (RACT) requirements. In 
determining the applicability of some of these regulations to 
particular sources, USEPA used the concept of ``maximum theoretical 
emissions'' (MTE), which is defined as ``the quantity of volatile 
organic 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 * * *.'' 55 
FR 26860, 40 CFR 52.741(a). Relief for otherwise subject sources is 
available through a site-specific State Implementation Plan (SIP) 

[[Page 43395]]
or FIP revision that limits emissions to below the applicable cutoff by 
operational or production limitations.
    Accordingly, ADMC requested that USEPA approve operating 
restrictions that limit its emissions below 100 tons of VOC per year 
and thereby exempt it from the RACT requirements. More specifically, it 
requested that USEPA promulgate the same limitations on its plant 
operations that are contained in the Illinois Environmental Protection 
Agency (IEPA) operating permit (Application Number: 87070079) that was 
received by IEPA on March 19, 1992. This permit, which limits ADMC's 
yearly usage of VOC containing material, covers ADMC's power operated 
silk screen presses, hand screen presses, screen adhesive printing 
lines, 2 rotogravure presses and Viking screen press. USEPA has 
determined that this FIP revision request complies with all applicable 
requirements of the Act and USEPA policy concerning such revisions. The 
USEPA, therefore, grants this request.
    Because USEPA considers this action noncontroversial and routine, 
we are approving it without prior proposal. The action will become 
effective on October 20, 1995. However, if USEPA receives adverse 
comments or a request for a public hearing by September 20, 1995, then 
USEPA will publish a notice that withdraws this final action. If no 
request for a public hearing has been received, USEPA will address the 
public comments received in a new final rule on the requested FIP 
revision based on the proposed rule located in the proposed rules 
section of this Federal Register. If a public hearing is requested, 
USEPA will publish a notice announcing a public hearing and reopening 
the public comment period until 30 days after the public hearing. At 
the conclusion of this additional public comment period, USEPA will 
publish a final rule responding to the public comments received and 
announcing final action.
    The Office of Management and Budget has exempted this regulatory 
action from Executive Order 12866 review.
    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 economic 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, American Decal and 
Manufacturing Company. Therefore, USEPA certifies that this RACT 
promulgation does not have a significant impact on a substantial number 
of small entities.
    Under Section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, the 
USEPA must prepare a budgetary impact statement to accompany 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. Under 
Section 205, the USEPA 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 the USEPA 
to establish a plan for informing and advising any small governments 
that may be significantly or uniquely impacted by the rule.
    The USEPA has determined that the approval action promulgated today 
does not include a Federal mandate that may result in estimated costs 
of $100 million or more to either State, local, or tribal governments 
in the aggregate, or to the private sector.
    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 October 20, 1995. Filing a 
petition for reconsideration with the Administrator on this final rule 
does not affect the finality of this rule for the purpose 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, Intergovernmental 
relations, Volatile organic compound.

    Dated: August 7, 1995.
Carol M. Browner,
Administrator.

    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 52.741 is amended by adding paragraph (x)(14) to read as 
follows:


Sec. 52.741  Control strategy: Ozone control measures for Cook, DuPage, 
Kane, Lake, McHenry and Will Counties.

* * * * *
    (x) * * *
    (14) The control and recordkeeping and reporting requirements, as 
well as the test methods in this paragraph, apply to the power-operated 
silk screen presses, the hand screen presses, the screen adhesive 
printing lines, the Andreotti rotogravure press, the Halley Rotogravure 
press, and the Viking press at the American Decal and Manufacturing 
Company's plant in Chicago, Illinois, instead of the requirements in 
paragraphs (h) and (x)(1) through (x)(5) of this section. The emissions 
from the sources listed above (in paragraph (x)(14) of this section) 
are to be included in the calculation of ``maximum theoretical 
emissions'' for determining applicability for any other sources (for 
which applicability is based on the quantity of maximum theoretical 
emissions) at American Decal and Manufacturing Company's Chicago plant 
not included in paragraph (x)(14) of this section.
    (i) After July 24, 1992, no inks, coatings, thinner, clean-up 
material or other VOC-containing material shall at any time be applied, 
at the presses/printing lines listed above (in paragraph (x)(14) of 
this section), which exceed the VOC content (in percent by weight VOC) 
limit established below. After July 24, 1992, the yearly usage (in 
weight of material applied) of ink, coating, thinner, clean-up 
material, and other VOC-containing material, shall not exceed the 
applicable pounds per year limit established below. The yearly weight 
of ink, coating, thinner, clean-up material, and other VOC-containing 
material is to be calculated according to the procedure in paragraph 
(x)(14)(ii) of this section.

------------------------------------------------------------------------
                                                                 Weight 
                      Material                          Usage    Percent
                                                      (lbs/yr)     VOC  
------------------------------------------------------------------------
#6 ink..............................................     9,076      56.8
#7 ink..............................................     1,278      54.2
#2 ink..............................................     2,911      72.7
Blue N.C. lacq......................................       394      64.3
Black M lacq........................................       753      61.6
4B9L Clear..........................................     2,451      77.1
4B9L H Clear........................................     3,360      75.0
Flow-Out Agent......................................     1,795      97.1
D.S. Stamp lacq.....................................     1,047      62.0
Dull write-on.......................................        86      71.6
AH-16...............................................       621      84.5
Thinner (#7,6)......................................     2,350    100.0 

[[Page 43396]]
                                                                        
Exon 470............................................     1,668      65.4
9L Clear............................................     2,451      77.1
White M lacq........................................     3,467      47.0
Tedlar Gr. Vehicle..................................     1,050      66.7
TH-98...............................................    22,047      73.2
TH-57...............................................        59      69.5
TH-14M..............................................    16,520       0.7
PS 160..............................................    10,644       3.0
#1 tint.............................................     4,872      69.3
#2 tint.............................................     4,256      83.7
Roto Color..........................................    13,884      62.0
1st SS White........................................    25,740      51.5
2nd SS White........................................    25,740      51.5
Clean Up............................................   108,742     100.0
Other Materials.....................................       400     100.0
------------------------------------------------------------------------


    (ii) The yearly weight of material used is to be calculated as 
follows:
    (A) Compute the weight of each ink, coating, thinner, clean-up 
material, and other VOC-containing material used each month by the 15th 
of the following month.
    (B) By the 15th of each month, add the monthly usage (in pounds) 
for each ink, coating, thinner, clean-up material, and other VOC-
containing material for the twelve previous months (to obtain the 
yearly weight of each ink, coating, thinner, clean-up material used). A 
comparison of these yearly usage levels (in pounds) with purchase 
records must be made to ensure the accuracy of the monthly usage levels 
(in pounds) obtained to satisfy paragraph (x)(14)(ii)(A) of this 
section.
    (iii) Beginning on August 1, 1992, the owner and operator of the 
American Decal and Manufacturing Company plant in Chicago, Illinois, 
shall keep the following records for each ink, coating, thinner, clean-
up material, and other VOC-containing material for each month. All 
records shall be kept by the American Decal and Manufacturing Company 
for 3 years and shall be made available to the Administrator on 
request:
    (A) The name and identification number of each ink, coating, 
thinner, clean-up material, and other VOC-containing material as 
applied or used.
    (B) The weight percent VOC of each ink, coating, thinner, clean-up 
material, and each other VOC-containing material as applied or used 
each month.
    (C) The as applied weight of each ink, coating, thinner, clean-up 
material, and other VOC-containing material used each month.
    (iv) Any record showing a violation of paragraph (x)(14)(i) of this 
section after October 20, 1995 shall be reported by sending a copy of 
such record to the Administrator within 30 days of the violation.
    (v) To determine compliance with paragraph (x)(14)(i) of this 
section and to establish the records required under paragraph 
(x)(14)(iii) of this section, the weight percent VOC of each ink, 
coating, thinner, clean-up material, and other VOC-containing material 
shall be determined by the applicable test methods and procedures 
specified in paragraph (a)(4) of this section. Any material reported to 
be 100 percent VOC does not have to be tested for weight percent VOC.
* * * * *
[FR Doc. 95-20647 Filed 8-18-95; 8:45 am]
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