[Federal Register Volume 61, Number 30 (Tuesday, February 13, 1996)]
[Rules and Regulations]
[Pages 5511-5513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3084]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IL106-1-6707a; FRL-5411-3]
Approval and Promulgation of Implementation Plans; Illinois
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
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SUMMARY: On May 5, 1995, and May 26, 1995, the State of Illinois
submitted a State Implementation Plan (SIP) revision request to the
United States Environmental Protection Agency (USEPA) tightening
existing rules for certain surface coating operations, as part of the
State's 15 percent (%) Rate of Progress (ROP) 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. ROP 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. Illinois expects the control measures
specified in this surface coating SIP revision will reduce VOM
emissions by 10.16 tons per day (TPD) in the Chicago area and 0.39 TPD
in the Metro-East St. Louis area. The tightened rules lower the VOM
content limit for certain types of coatings used by industries to apply
to cans, paper, coil, fabric, vinyl, metal furniture, large appliances,
and miscellaneous parts and products. Compliance with the rules can be
met through using compliant coatings, add-on control equipment, or
through a new method known as cross-line averaging.
DATES: The ``direct final'' is effective on April 15, 1996, unless
USEPA receives adverse or critical comments by March 14, 1996. If the
effective date is delayed, timely notice will appear 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
On September 9, 1994, the USEPA approved an Illinois SIP revision
which was submitted on September 11, 1991, and March 15, 1993, in order
to correct deficiencies in the State's VOM Reasonably Available Control
Technology (RACT) rules. Part of this SIP revision included regulations
found in subpart F of Parts 218 and 219 of the 35 Illinois
Administrative Code (IAC), which established State VOM RACT
requirements for surface coating operations in the Chicago and Metro-
East ozone nonattainment areas, and which replaced part of the Chicago
Federal Implementation Plan (FIP).
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% ROP requirement.
In order to meet this requirement, the State of Illinois has to
adopt and submit as SIP revisions several post-1990 control measures to
meet the 15% VOM reductions. One of the control measures Illinois has
decided to implement is to tighten existing VOM emission limits
contained in subpart F of Parts 218 and 219 for certain surface coating
operations in the Chicago and Metro-East ozone nonattainment areas.
On September 12, 1994, the Illinois Environmental Protection Agency
(IEPA) filed the proposed revision to the surface 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; 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 coating rule to USEPA on May 5, 1995,
and May 26, 1995, as a revision to the Illinois SIP for ozone. USEPA
made a finding of completeness in a letter dated July 13, 1995.
II. Analysis of State Submittal
The May 5, 1995, and May 26, 1995, submittals include the following
new or revised rules:
Part 218: Organic Material Emission Standards and Limitations for the
Chicago Area
Subpart F: Coating Operations
218.204 Emission Limitations
218.205 Daily-Weighted Average Limitations
218.207 Alternative Emission Limitations
218.208 Exemptions From Emission Limitations
218.210 Compliance Schedule
218.212 Cross-line Averaging to Establish Compliance for Coating Lines
218.213 Recordkeeping and Reporting for Cross-line Averaging
Participating Coating Lines
218.214 Changing Compliance Methods
218.App.H Baseline VOM Content Limitations for Subpart F, Section
218.212 Cross-Line Averaging
Part 219: Organic Material Emission Standards and Limitations for the
Metro-East St. Louis Area
Subpart F: Coating Operations
219.204 Emission Limitations
219.205 Daily-Weighted Average Limitations
219.207 Alternative Emission Limitations
219.208 Exemptions From Emission Limitations
219.210 Compliance Schedule
219.212 Cross-line Averaging to Establish Compliance for Coating Lines
219.213 Recordkeeping and Reporting for Cross-line Averaging
Participating Coating Lines
219.214 Changing Compliance Methods
219.App.H Baseline VOM Content Limitations for Subpart F, Section
219.212 Cross-line Averaging
The tightened VOM content limits established in revisions to
sections 218/
[[Page 5512]]
219.204 are specified below. The values not marked by an asterisk were
the limits previous to this revision, whereas the values marked by an
asterisk are the new limits. Subject sources will need to meet these
new limits beginning March 15, 1996, while the limits not marked by an
asterisk must be met until March 15, 1996. 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
------------------------------------------------------------------------
Can Coating
(1) Sheet basecoat and overvarnish:
(A) Sheet basecoat................................ 0.34 2.8
*0.26 *2.2
(B) Overvarnish................................... 0.34 2.8
*0.34 *2.8
(2) Exterior basecoat and overvarnish............... 0.34 2.8
*0.25 *2.1
(3) Interior body spray coat:
(A) Two Piece..................................... 0.51 4.2
*0.44 *3.7
(B) Three Piece................................... 0.51 4.2
*0.51 *4.2
(4) Exterior end coat............................... 0.51 4.2
*0.51 *4.2
(5) Side seam spray coat............................ 0.66 5.5
*0.66 *5.5
(6) End sealing compound coat....................... 0.44 3.7
*0.44 *3.7
Paper Coating....................................... 0.35 2.9
*0.28 *2.3
Coil Coating........................................ 0.31 2.6
*0.20 *1.7
Fabric Coating...................................... 0.35 2.9
*0.28 *2.3
Vinyl Coating....................................... 0.45 3.8
*0.28 *2.3
Metal furniture coating:
(1) Air dried..................................... 0.36 3.0
*0.34 *2.8
(2) Baked......................................... 0.36 3.0
*0.28 *2.3
Large appliance coating:
(1) Air dried..................................... 0.34 2.8
*0.34 *2.8
(2) Baked......................................... 0.34 2.8
*0.28 *2.3
Miscellaneous metal parts and products coating:
(1) Clear coating................................. 0.52 4.3
*0.52 *4.3
(2) Extreme performance coating:
(A) Air dried..................................... 0.42 3.5
*0.42 *3.5
(B) Baked......................................... 0.42 3.5
*0.40 *3.3
(3) Steel pail and drum interior coating............ 0.52 4.3
*0.52 *4.3
(4) All other coatings:
(A) Air dried..................................... 0.42 3.5
*0.40 *3.3
(B) Baked......................................... 0.36 3.0
*0.34 *2.8
(5) Marine engine coating:
(A) Air Dried..................................... 0.42 3.5
*0.42 *3.5
(B) Baked:
(i) Primer/Topcoat.............................. 0.42 3.5
*0.42 *3.5
(ii) Corrosion resistant basecoat............... 0.42 3.5
*0.28 *2.3
(C) Clear Coating................................. 0.52 4.3
*0.52 *4.3
(6) Metallic Coating:
(A) Air Dried..................................... 0.42 3.5
*0.42 *3.5
(B) Baked......................................... 0.36 3.0
*0.36 *3.0
------------------------------------------------------------------------
A coating line can comply with the rule through (a) the use of
coatings which meet the applicable VOM content limits specified in the
rule; (b) demonstration that the daily-weighted average VOM content of
all coatings used on the coating line meet the VOM content limit for
those coatings; (c) use of a capture system and control device which
either reduces the overall emissions of VOM from the coating line by 81
percent, or achieves VOM emission reduction greater than or equal to
that which could be achieved through meeting applicable VOM content
limits, or (d) through cross-line averaging.
Cross-line averaging is a new method established by this rule as an
alternative to complying with the tightened VOM content limits. For
those sources operating coating lines which were in existence prior to
January 1, 1991, but have been replaced with lines using a lower VOM
coating for the same purpose as the pre-existing lines, cross-line
averaging can be used to take VOM reduction credit for such operational
changes in order to offset those pre-existing lines which cannot, for
one reason or another, meet the tightened emission limitations. Sources
using cross-line averaging must demonstrate that the calculated actual
daily VOM emissions from all participating coating lines are less than
the calculated daily allowable VOM emissions from the same group of
coating lines. Use of cross-line averaging is for complying with
tightened VOM content limits only; VOM content limits established in
the surface coating rule prior to this revision must still be met by
all applicable coating lines.
Also established in this rule revision is an exemption for ``touch-
up and repair coatings'' used by can, coil, vinyl, metal furniture,
magnet wire, miscellaneous metal parts and products, and plastic parts
coating operations from meeting VOM content limitations. This exemption
holds provided that the source-wide volume of such coatings used does
not exceed 0.95 l (1 quart) per eight-hour period or 209 l/yr (55 gal/
yr) for any rolling twelve month period. The surface coating rule
defines touch-up and repair coatings as any coating used to cover minor
scratches and nicks that occur during manufacturing and assembly
processes.
In addition to meeting these control requirements, sources will
have to meet applicable provisions for coating analysis and capture
efficiency and control device efficiency test methods under sections
218/219.105, as well as applicable recordkeeping and recording
requirements under sections 218/219.211. Also included in sections 218/
219.105 are monitoring requirements for sources using add-on control
equipment. Sections 218/219.105 and 218/219.211 were approved and
incorporated in the Illinois SIP on September 9, 1994 (See 59 FR at
46562). Finally, 218/219.213 has been added to provide additional
recordkeeping and recording requirements for sources complying with the
rule through cross-line averaging.
III. Final Rulemaking Action
The USEPA has undertaken its analysis of the SIP revision request,
and is approving this SIP revision because it tightens the stringency
of the Illinois SIP. Although the SIP revision does add an exemption
for touch-up and repair coatings from control requirements, this type
of exemption is acceptable under USEPA VOC policy. The surface coating
rule contains all the appropriate test methods and recordkeeping/
recording requirements necessary to be an enforceable SIP.
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
April 15, 1996, unless USEPA receives adverse or critical comments by
March 14, 1996. 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
[[Page 5513]]
document. 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 April 15, 1996.
This action has been classified as a Table 3 action for signature
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 D. Nichols, Assistant Administrator
for Air and Radiation. The Office of Management and Budget (OMB) 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 April 15, 1996. 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: January 12, 1996.
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)(119) to read
as follows:
Sec. 52.720 Identification of plan.
* * * * *
(c) * * *
(119) On May 5, 1995, and May 26, 1995, the State submitted a
revised rule tightening volatile organic compound emission limitations
for certain surface coating operations in 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 218.204
Emission Limitations, 218.205 Daily-Weighted Average Limitations,
218.207 Alternative Emission Limitations, 218.208 Exemptions From
Emission Limitations, 218.210 Compliance Schedule, 218.212 Cross-line
Averaging to Establish Compliance for Coating Lines, 218.213
Recordkeeping and Reporting for Cross-line Averaging Participating
Coating Lines, 218.214 Changing Compliance Methods, 218 Appendix H
Baseline VOM Content Limitations for Subpart F, Section 218.212 Cross-
Line Averaging, amended at 19 Ill. 6848, effective May 9, 1995.
(B) Part 219: Organic Material Emissions Standards and Limitations
for the Metro-East Area, Subpart F; Coating Operations, Sections
219.204 Emission Limitations, 219.205 Daily-Weighted Average
Limitations, 219.207 Alternative Emission Limitations, 219.208
Exemptions From Emission Limitations, 219.210 Compliance Schedule,
219.212 Cross-line Averaging to Establish Compliance for Coating Lines,
219.213 Recordkeeping and Reporting for Cross-line Averaging
Participating Coating Lines, 219.214 Changing Compliance Methods, 219
Appendix H Baseline VOM Content Limitations for Subpart F, Section
219.212 Cross-line Averaging, amended at 19 Ill. Reg. 6958, effective
May 9, 1995.
[FR Doc. 96-3084 Filed 2-12-96; 8:45 am]
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