[Federal Register Volume 60, Number 207 (Thursday, October 26, 1995)]
[Rules and Regulations]
[Pages 54810-54812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26587]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[IL126-1-7031a; FRL-5299-8]


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 wood furniture coating 
operations as part of the State's 15 percent (%) Reasonable Further 
Progress (RFP) plan control measures for Volatile Organic Matter (VOM) 
emissions. A supplement to this 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. The SIP revision modifies the source 
size applicability cut-off for wood furniture coating operation 
facilities located in the Chicago and Metro-East St. Louis ozone 
nonattainment areas from 100 to 25 tons of VOM emitted, or potential to 
emit, per year. 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 VOM by 1996 (VOM, as defined by the State of 
Illinois, is identical to ``volatile organic compounds'', as defined by 
USEPA). 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 amended wood furniture coating rule with the 
Illinois Pollution Control Board (Board). A public hearing on the rule 
was held on November 4, December 2, and December 16, 1994, in Chicago, 
Illinois, and on April 20, 1995, the Board adopted a Final Opinion and 
Order for the proposed amendment. The rule became effective on May 9, 
1995, and it was published in the Illinois State register on May 19, 
1995. The IEPA formally submitted the wood furniture coating rule to 
USEPA on May 5, 1995, as a revision to the Illinois SIP for ozone, and 
supplemental documentation to this revision was submitted on May 26, 
1995. In doing so, IEPA believes that this SIP revision will insure 
that no increase in VOM emission for this source category occurs which 
negatively impacts Illinois' 15% RFP plan.

II. Analysis of State Submittal

    The May 5, 1995 revision extends the applicability of Illinois' 
wood furniture coating rule requirements to those sources emitting, or 
having the potential to emit, 25 tons of VOM per year. The requirements 
were originally applicable only to those sources emitting or having a 
potential to emit 100 tons or more per year of VOM.
    USEPA's Control Techniques Guideline (CTG) for wood furniture 
coating operations, which is to specify what Reasonably Available 
Control Technology (RACT) is for this source category, has yet to be 
finally published. (Section 182(b)(2) of the Act requires moderate and 
above ozone nonattainment areas to submit rules covering each post-1990 
CTG source category which are equivalent to RACT as specified by each 
source category's CTG, by certain dates set forth by USEPA upon issuing 
each CTG.) The Illinois rule is considered to be interim RACT at this 
time; however, after the wood furniture coating CTG is issued by USEPA, 
Illinois will need to revise its rule, as necessary, in light of the 
new document, as required by Section 182(b)(2) of the Act.

III. Final Rulemaking Action

    The USEPA has undertaken its analysis of the SIP revision request 
and has determined that this SIP revision request is approvable. 
However, after the final wood furniture coating CTG is issued by USEPA, 
Illinois will need to revise its wood furniture coating rule, as 
necessary, in light of the new document, as required by Section 
182(b)(2) of the Act.
    This rule, applicable to the Chicago and Metro-East St. Louis ozone

[[Page 54811]]

nonattainment areas, amends 35 Illinois Administrative Code section 
218.208(b) and 219.208(b).
    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. 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 
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. 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 a July 10, 1995 
memorandum from Mary Nichols, 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

    Environmental protection, Air pollution control,Incorporation by 
reference.

    Dated: August 9, 1995.
Valdas V. Adamkus,
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)(115) to read 
as follows:


Sec. 52.720  Identification of plan.

* * * * *
    (c) * * *
    (115) On May 5, 1995, and May 26, 1995, the State submitted an 
amended coating rule which consisted of a tightened applicability cut-
off level for wood furniture coating operations 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 218: Organic Material Emission Standards and Limitations 
for the Chicago Area, Subpart F; Coating Operations, Sections 218.208 
Exemptions from Emission Limitations, Subsection (b), amended at 19 
Ill. Reg. 6848, effective May 9, 1995.
    (B) Part 219: Organic Material Emissions Standards and Limitations 
for 

[[Page 54812]]
the Metro-East Area, Subpart F; Coating Operations, Section 219.208 
Exemptions from Emission Limitations, Subsection (b), amended at 19 
Ill. Reg. 6958, effective May 9, 1995.

[FR Doc. 95-26587 Filed 10-25-95; 8:45 am]
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