[Federal Register Volume 60, Number 207 (Thursday, October 26, 1995)]
[Rules and Regulations]
[Pages 54807-54810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26585]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IL125-1-7030a; FRL-5312-7]


Approval and Promulgation of Implementation Plans; Illinois

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: On May 5, 1995, the State of Illinois submitted a State 
Implementation Plan (SIP) revision request to the United States 
Environmental Protection Agency (USEPA) for automotive/transportation 
and business machine plastic parts coatings operations as part of the 
State's 15 percent (%) Reasonable Further Progress (RFP) plan control 
measures for Volatile Organic Matter (VOM) emissions. VOM, as defined 
by the State of Illinois, is identical to ``volatile organic 
compounds'' (VOC), as defined by USEPA. VOC is one of the air 
pollutants which combine on hot summer days 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. 
RFP plans are intended to bring areas which have been exceeding the 
public health based Federal ozone air quality standard closer toward 
the goal of reaching and maintaining attainment with this standard. The 
control measures specified in this plastic parts SIP revision are 
expected by Illinois to reduce VOC (VOM) emissions by 0.28 tons per day 
in the Chicago area. No applicable sources exist in the Metro-East 
(East St. Louis) area at this time.
    A supplement to the May 5, 1995, SIP revision request was submitted 
on May 26, 1995. USEPA made a finding of completeness in a letter dated 
July 13, 1995. A final approval action is being taken because the 
submittal meets all pertinent Federal requirements. This SIP revision 
establishes VOM emission limits for applicable plastic parts sources 
located in the Chicago and Metro-East ozone nonattainment areas. The 
USEPA is publishing this action without prior proposal because USEPA 
views this action as a noncontroversial revision and anticipates no 
adverse comments. However, USEPA is publishing a separate document in 
this Federal Register publication, which constitutes a ``proposed 
approval'' of the requested SIP revision and clarifies that the 
rulemaking will not be deemed final if timely adverse or critical 
comments are filed. If USEPA receives comments adverse to or critical 
of the approval, USEPA will withdraw this approval before its effective 
date by publishing a subsequent Federal Register document which 
withdraws this final action. All public comments received will then be 
addressed in a subsequent rulemaking document. Please be aware that 
USEPA will institute another comment period on this action only if 
warranted by significant revisions to the rulemaking based on any 
comments received in response to today's action. Any parties interested 
in commenting on this action should do so at this time.

DATES: The direct final rule is effective on December 26, 1995, unless 
USEPA receives adverse or critical comments by November 27, 1995. If 
the effective date is delayed, timely notice will be published in the 
Federal Register.

ADDRESSES: Copies of the revision request and USEPA's analysis 
(Technical Support Document) 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, Regulation Development Branch (AR-18J), 
U.S. Environmental Protection Agency, 77 West Jackson Boulevard, 
Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT: Mark J. Palermo at (312) 886-6082.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 182(b)(1) of the Clean Air Act (the Act) requires all 
moderate and above ozone nonattainment areas to achieve a 15% reduction 
of 1990 emissions of VOC (VOM) by 1996. In Illinois, the Chicago area 
is classified as ``severe'' nonattainment for ozone, while the Metro-
East area is classified as ``moderate'' nonattainment. As such, these 
areas are subject to the 15% RFP requirement.
    On September 12, 1994, the Illinois Environmental Protection Agency 
(IEPA) filed the proposed plastic parts coating rule with the Illinois 
Pollution Control Board (Board). A public hearing 

[[Page 54808]]
on the rule was held on November 4, December 2, and December 16, 1994, 
in Chicago, Illinois; on April 20, 1995, the Board adopted a Final 
Opinion and Order for the proposed amendment. The rule became effective 
on May 9, 1995; it was published in the Illinois State Register on May 
19, 1995. The IEPA formally submitted the plastic parts coating rule to 
USEPA on May 5, 1995, as a revision to the Illinois SIP for ozone; 
supplemental documentation to this revision was submitted on May 26, 
1995. In doing so, IEPA believes that this SIP revision's new control 
requirements for plastic parts coating sources will help reduce VOM 
emissions enough to meet the 15% RFP requirements.

II. Analysis of State Submittal

    The May 5, 1995, submittal includes the following new or revised 
rules:

Part 211: Definitions and General Provisions

Subpart B: Definitions

211.660  Automotive/Transportation Plastic Parts

211.670  Baked Coatings

211.820  Business Machine Plastic Parts

211.1880  Electromagnetic Interference/Radio Frequency Interference 
(EMI/RFI) Shielding Coatings

211.1900  Electrostatic Prep Coat

211.2360  Flexible Coating

211.2630  Gloss Reducers

211.4055  Non-Flexible Coating

211.4740  Plastic Part

211.5480  Reflective Argent Coating

211.5600  Resist Coat

211.6060  Soft Coat

211.6140  Specialty Coatings

211.6400  Stencil Coat

211.6580  Texture Coat

211.6880  Vacuum Metallizing

Part 218: Organic Material Emission Standards and Limitations for the 
Chicago Area

Subpart F: Coating Operations

218.204(n)  Emission Limits for Plastic Parts Coating: Automotive/
Transportation
218.204(o)  Emission Limits for Plastic Parts Coating: Business 
Machine
218.205(g)  Daily-Weighted Average Limits for Plastic Parts
218.207(i)  Alternative Emission Limitations for Plastic Parts
Part 219: Organic Material Emission Standards and Limitations for the 
Metro-East St. Louis Area

Subpart F: Coating Operations

219.204(m)  Emission Limits for Plastic Parts Coating: Automotive/
Transportation
219.204(n)  Emission Limits for Plastic Parts Coating: Business 
Machine
219.205(f)  Daily-Weighted Average Limits for Plastic Parts
219.207(h)  Alternative Emission Limitations for Plastic Parts

    This SIP revision applies to sources in the Chicago and Metro-East 
St. Louis ozone nonattainment area which apply coatings to the 
following plastic parts:
    (1) The interior and exterior plastic components of automobiles, 
trucks, tractors, lawn mowers, and other like mobile equipment intended 
for primary use on land, with the exception of the following: plastic 
parts coated on the main (body) paint line in automobile and light duty 
refinishing of automobiles, trucks, tractors, lawn mowers, and other 
like mobile equipment.
    (2) The plastic housings and other exterior plastic components of 
electronic office equipment and of medical and musical equipment, 
including, but not limited to the following: computers, monitors, 
printers and keyboards, facsimile machines, copiers, microfiche 
readers, cellular and standard phones, and pencil sharpeners. The 
internal electrical components of business machines are, however, 
excluded from being applicable to this rule.
    The Illinois plastic parts coating rule establishes VOM emission 
limitations which can be met in one of three ways: (a) Through the use 
of coatings meeting a low-VOM content limit (218.204 [n] and [o]/
219.204 [m] and [n]), (b) having coating lines which apply coatings 
that are all subject to the same VOM content limit (specified in 
section 218/219.204) meet a daily-weighted average limit based upon 
that content limit (218.205[g]/219.205[f]), or (c) use of an add-on 
capture system and control device (218.207[i]/219.207[h]).
    The VOM content limits for plastic parts coatings established in 
sections 218/219.204 are specified below. The limits are expressed in 
units of VOM per volume of coating (minus water and any compounds which 
are specifically exempted from the definition of VOM).

------------------------------------------------------------------------
                                                           kg/l   lb/gal
------------------------------------------------------------------------
            Plastic Parts Coating: Automotive/Transportation            
                                                                        
------------------------------------------------------------------------
(1) Interiors:                                                          
  (A) Baked:                                                            
    (i) Color coat......................................   0.49      4.1
    (ii) Primer.........................................   0.46      3.8
  (B) Air Dried:                                                        
    (i) Color coat......................................   0.38      3.2
    (ii) Primer.........................................   0.42      3.5
(2) Exteriors (flexible and non-flexible):                              
  (A) Baked:                                                            
    (i) Primer..........................................   0.60      5.0
    (ii) Primer non-flexible............................   0.54      4.5
    (iii) Clear coat....................................   0.52      4.3
    (iv) Color coat.....................................   0.55      4.6
  (B) Air Dried-                                                        
    (i) Primer..........................................   0.66      5.5
    (ii) Clear coat.....................................   0.54      4.5
    (iii) Color coat (red & black)......................   0.67      5.6
    (iv) Color coat (others)............................   0.61      5.1
(3) Specialty:                                                          
  (A) Vacuum metallizing basecoats, texture basecoats...   0.66      5.5
  (B) Black coatings, reflective argent coatings, air                   
   bag cover coatings, and soft coatings................   0.71      5.9
  (C) Gloss reducers, vacuum metallizing topcoats, and                  
   texture topcoats.....................................   0.77      6.4
  (D) Stencil coatings, adhesion primers, ink pad                       
   coatings, electrostatic prep coatings, and resist                    
   coatings.............................................   0.82      6.8
  (E) Head lamp lens coatings...........................   0.89      7.4
                                                                        
------------------------------------------------------------------------
                 Plastic Parts Coating: Business Machine                
                                                                        
------------------------------------------------------------------------
(1) Primer..............................................   0.14      1.2
(2) Color coat (non-texture coat).......................   0.28      2.3
(3) Color coat (texture coat)...........................   0.28      2.3
(4) Electromagnetic interference/radio frequency                        
 interference shielding coatings........................   0.48      4.0
(5) Specialty Coatings:                                                 
  (A) Soft Coat.........................................   0.52      4.3
  (B) Plating Resist....................................   0.71      5.9
  (C) Plating Sensitizer................................   0.85      7.1
------------------------------------------------------------------------

    In addition to meeting the provisions for emission limitations 
found within the Illinois plastic parts rule, applicable sources will 
have to meet provisions for test methods and reporting and 
recordkeeping, as specified in the rule.

III. Final Rulemaking Action

    The USEPA has undertaken its analysis of the SIP revision request, 
based upon its plastic parts coating Alternative Control Techniques 
(ACT) document, and has determined that the rule's control requirements 
are equivalent to what is Reasonably Available Control Technology 
(RACT) for this source category. On this basis, the USEPA has 
determined that this SIP revision request is approvable.
    The USEPA is publishing this action without prior proposal because 
USEPA views this action as a noncontroversial revision and anticipates 
no adverse comments. However, USEPA is publishing a separate document 
in this Federal Register publication, which

[[Page 54809]]

constitutes a ``proposed approval'' of the requested SIP revision and 
clarifies that the rulemaking will not be deemed final if timely 
adverse or critical comments are filed. The ``direct final'' approval 
shall be effective on December 26, 1995, unless USEPA receives adverse 
or critical comments by November 27, 1995. If USEPA receives comments 
adverse to or critical of the approval discussed above, USEPA will 
withdraw this approval before its effective date by publishing a 
subsequent Federal Register notice which withdraws this final action. 
All public comments received will then be addressed in a subsequent 
rulemaking document. Please be aware that USEPA will institute another 
comment period on this action only if warranted by significant 
revisions to the rulemaking based on any comments received in response 
to today's action. Any parties interested in commenting on this action 
should do so at this time. If no such comments are received, USEPA 
hereby advises the public that this action will be effective on 
December 26, 1995.
    This action has been classified as a Table 3 action by the Regional 
Administrator under the procedures published in the Federal Register on 
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993, 
memorandum from Michael H. Shapiro, Acting Assistant Administrator for 
Air and Radiation. The Office of Management and Budget has exempted 
this regulatory action from Executive Order 12866 review.
    Nothing in this action should be construed as permitting, allowing 
or establishing a precedent for any future request for revision to any 
SIP. USEPA shall consider each request for revision to the SIP in light 
of specific technical, economic, and environmental factors and in 
relation to relevant statutory and regulatory requirements.
    Section 202 of the Unfunded Mandates Reform Act of 1995 (``Unfunded 
Mandates Act'') (signed into law on March 22, 1995) requires that the 
USEPA prepare a budgetary impact statement before promulgating a rule 
that includes a Federal mandate that may result in expenditure by 
State, local, and tribal governments, in aggregate, or by the private 
sector, of $100 million or more in any one year. Section 203 requires 
the USEPA to establish a plan for obtaining input from and informing, 
educating, and advising any small governments that may be significantly 
or uniquely affected by the rule.
    Under section 205 of the Unfunded Mandates Act, the USEPA must 
identify and consider a reasonable number of regulatory alternatives 
before promulgating a rule for which a budgetary impact statement must 
be prepared. The USEPA must select from those alternatives the least 
costly, most cost-effective, or least burdensome alternative that 
achieves the objectives of the rule, unless the USEPA explains why this 
alternative is not selected or the selection of this alternative is 
inconsistent with law.
    Because this final rule is estimated to result in the expenditure 
by State, local, and tribal governments or the private sector of less 
then $100 million in any one year, the USEPA has not prepared a 
budgetary impact statement or specifically addressed the selection of 
the least costly, most cost-effective, or least burdensome alternative. 
Because small governments will not be significantly or uniquely 
affected by this rule, the USEPA is not required to develop a plan with 
regard to small governments. This rule only approves the incorporation 
of existing state rules into the SIP. It imposes no additional 
requirements.
    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.
    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 impose any new requirements, I certify 
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 regulatory flexibility analysis would 
constitute Federal inquiry into the economic reasonableness of the 
State action. The Clean Air Act forbids USEPA to base its actions 
concerning SIPs on such grounds. Union Electric Co. v. USEPA., 427 U.S. 
246, 256-66 (S.Ct. 1976); 42 U.S.C. 7410(a)(2).
    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 December 26, 1995. 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

    Air pollution control, Environmental protection, Incorporation by 
reference.

    Dated: September 22, 1995.
David A. Ullrich,
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. 7401-7671q.

Subpart O--Illinois

    2. Section 52.720 is amended by adding paragraph (c)(116) to read 
as follows:


Sec. 52.720  Identification of plan.

* * * * *
    (c) * * *
    (116) On May 5, 1995, and May 26, 1995, the State submitted a rule 
for automotive/transportation and business machine plastic parts 
coating operations, which consisted of new volatile organic compound 
emission limitations to the Ozone Control Plan for the Chicago and 
Metro-East St. Louis areas.
    (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, Sections 211.660 Automotive/Transportation Plastic Parts, 
211.670 Baked Coatings, 211.820 Business Machine Plastic Parts, 
211.1880 Electromagnetic Interference/Radio Frequency Interference 
Shielding Coatings, 211.1900 Electrostatic Prep Coat, 211.2360 Flexible 
Coatings, 211.2630 Gloss Reducers, 211.4055 Non-Flexible Coating, 
211.4740 Plastic Part, 211.5480 Reflective Argent Coating, 211.5600 
Resist Coat, 211.6060 Soft Coat, 211.6140 Specialty Coatings, 211.6400 
Stencil Coat, 211.6580 Texture Coat, and 211.6880 Vacuum Metallizing, 

[[Page 54810]]
amended at 19 Ill. 6823, effective May 9, 1995.
    (B) Part 218: Organic Material Emission Standards and Limitations 
for the Chicago Area, Subpart F; Coating Operations, Sections 218.204 
Emission Limitations, Subsection (n) Plastic Parts Coating: Automotive/
Transportation and (o) Plastic Parts Coating: Business Machine, 218.205 
Daily-Weighted Average Limitations, Subsection (g), and 218.207 
Alternative Emission Limitations, Subsection (i), amended at 19 Ill. 
6848, effective May 9, 1995.
    (C) Part 219: Organic Material Emissions Standards and Limitations 
for the Metro-East Area, Subpart F; Coating Operations, Section 219.204 
Emission Limitations, Subsection (m) Plastic Parts Coating: Automotive/
Transportation and (n) Plastic Parts Coating: Business Machine, 219.205 
Daily-Weighted Average Limitations, Subsection (f), and 219.207 
Alternative Emission Limitations, Subsection (h), amended at 19 Ill. 
Reg. 6958, effective May 9, 1995.

[FR Doc. 95-26585 Filed 10-25-95; 8:45 am]
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