[Federal Register Volume 61, Number 144 (Thursday, July 25, 1996)]
[Rules and Regulations]
[Pages 38577-38582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18649]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[IL114-1-6788a; FRL-5540-5]


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 31, 1995, the State of Illinois 
submitted a State Implementation Plan (SIP) revision request to the 
Environmental Protection Agency (EPA) establishing regulations for 
motor vehicle refinishing operations in the Chicago and Metro-East 
ozone nonattainment areas, 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 EPA. VOM 
combines with oxides of nitrogen in the atmosphere to form ground-level 
ozone, commonly known as smog. Exposure to ozone is associated with a 
wide variety of human health effects, agricultural crop loss, and 
damage to forests and ecosystems. ROP plans are intended to bring areas 
which have been exceeding the public health based Federal ozone air 
quality standard closer to attaining this standard. This SIP revision 
contains rules which establish VOM content limits for certain coatings 
and surface preparation products used in automobile and mobile 
equipment refinishing operations in the Chicago and Metro-East areas, 
as well as requires these operations to meet certain equipment and work 
practice standards to further reduce VOM. Illinois expects that the 
control measures specified in this SIP revision will reduce VOM 
emissions by 16.30 tons per day (TPD) in the Chicago area and 1.2 TPD 
in the Metro-East area. This rulemaking action approves, through direct 
final, the Illinois motor vehicle refinishing rule SIP revision 
request.

DATES: The ``direct final'' is effective on September 23, 1996, unless 
EPA receives adverse or critical comments by August 26, 1996. If the 
effective date is delayed, timely notice will be published in the 
Federal Register.

ADDRESSES: Copies of the SIP revision request is 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, Air Programs 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 
(Cook, DuPage, Kane, Lake, McHenry, Will Counties and Aux Sable and 
Goose Lake Townships in Grundy County and Oswego Township in Kendall 
County) is classified as ``severe'' nonattainment for ozone, while the 
Metro-East area (Madison, Monroe, and St. Clair Counties) is classified 
as ``moderate'' nonattainment. As such, these areas are subject to the 
15% ROP requirement.
    The Act specifies under section 182(b)(1)(C) that the 15% emission 
reduction claimed under the ROP plan must be achieved through the 
implementation of control measures through revisions to the SIP, the 
promulgation of federal rules, or through permits under Title V of the 
Act, by November 15, 1996. Control measures implemented before November 
15, 1990, are precluded from counting toward the 15% reduction.
    Illinois has adopted and submitted motor vehicle refinishing rules 
for the control of VOM as a revision to the SIP for the purpose of 
meeting the 15% ROP plan control measure requirement for the Chicago 
and Metro-East ozone nonattainment areas. A public hearing on the rule 
was held on December 16, 1994, in Chicago, Illinois. The rule was 
adopted by the Illinois Pollution Control Board on April 20, 1995. The 
rule became effective on May 9, 1995; it was published in the Illinois 
State Register on May 19, 1995. The Illinois Environmental Protection 
Agency (IEPA) formally submitted the motor vehicle refinishing rule to 
EPA on May 5, 1995, as a revision to the Illinois SIP for ozone; 
supplemental documentation to this revision was submitted on May

[[Page 38578]]

31, 1995. EPA made a finding of completeness in a letter dated July 13, 
1995.
    The May 5, 1995, and May 31, 1995 submittals include the following 
new or revised rules:

Part 211: Definitions and General Provisions

Subpart B: Definitions

211.240  Adhesion Promoter
211.495  Anti-Glare/Safety Coating
211.685  Basecoat/Clearcoat System
211.1875  Elastomeric Materials
211.3915  Mobile Equipment
211.3960  Motor Vehicles
211.3965  Motor Vehicle Refinishing
211.5010  Precoat
211.5061  Pretreatment Wash Primer
211.5080  Primer Sealer
211.5090  Primer Surfacer Coat
211.6145  Specialty Coatings for Motor Vehicles
211.6540  Surface Preparation Materials
211.6620  Three or Four Stage Coating System
211.6695  Topcoat System
211.6720  Touch-Up Coating
211.6860  Uniform Finish Blender

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

Subpart HH: Motor Vehicle Refinishing

218.780  Emission Limitations
218.782  Alternative Control Requirements
218.784  Equipment Specifications
218.786  Surface Preparation Materials
218.787  Work Practices
218.788  Testing
218.789  Monitoring and Recordkeeping for Control Devices
218.790  General Recordkeeping and Reporting
218.791  Compliance Date
218.792  Registration

Part 219: Organic Material Emission Standards and Limitations for 
the Metro-East St. Louis Area

Subpart HH: Motor Vehicle Refinishing

219.780  Emission Limitations
219.782  Alternative Control Requirements
219.784  Equipment Specifications
219.786  Surface Preparation Materials
219.787  Work Practices
219.788  Testing
219.789  Monitoring and Record keeping for Control Devices
219.790  General Record keeping and Reporting
219.791  Compliance Date
219.792  Registration

    The motor vehicle refinishing regulations contained in part 218 are 
identical to those in part 219 except for the areas of applicability. 
Part 218 applies to the Chicago area, while part 219 applies to the 
Metro-East area. EPA's evaluation of these rules are as follows.

II. Evaluation of Rules

    As previously discussed, this SIP submittal is required by the Act 
to the extent that the rule submitted is part of the Illinois 15% ROP 
plan.
    A review of what emission reduction this SIP achieves for purposes 
of the Illinois 15% ROP plans will be addressed when rulemaking on the 
Chicago 15% ROP SIP, and the Metro-East 15% ROP SIP is taken. (EPA will 
take rulemaking on the overall 15% ROP in subsequent rulemaking 
action(s).) It should also be noted that Illinois' motor vehicle 
refinishing rules are not required to be reviewed for purposes of 
Reasonably Available Control Technology (RACT) requirements under the 
Act because no motor vehicle refinishing facility in Illinois has the 
potential to emit at least 25 tons of VOC, which would qualify a major 
source for RACT purposes.
    In order to determine the approvability of the Illinois motor 
refinishing SIP, the rule was reviewed for its consistency with section 
110 and part D of the Act, and its enforceability. Used in this 
analysis were EPA policy guidance documents, including the draft 
Control Techniques Guidelines (CTG) for motor vehicle refinishing; the 
Alternative Control Techniques (ACT) document for motor vehicle 
refinishing; and the June 1992, model VOC rules as they pertain to add-
on control systems. A discussion of the rule and EPA's rule analysis is 
as follows.

Definitions

    The new definitions added to part 211, which are based upon similar 
definitions in the ACT and draft CTG, accurately describe the subject 
industry, the subject and exempt coating categories, and the applicable 
control methods and equipment specified in the rule. These definitions 
are, therefore, approvable.

Sections 218/219.780  Emission Limitations

    The emission limitations specified in these sections apply to all 
owners or operators of a motor vehicle refinishing operation located in 
the Chicago and Metro-East ozone nonattainment areas. ``Motor vehicle 
refinishing'' is defined in this rule as any application of coating to 
motor vehicle, mobile equipment, or their parts and components, which 
is subsequent to the original coating applied at an original equipment 
manufacturing plant (211.3965). In turn, ``motor vehicles'' means 
automobiles, trucks, vans, motorcycles, or buses (211.3960). Finally, 
``mobile equipment'' is any equipment which may be drawn or is capable 
of being driven on a roadway, other than motor vehicles, including, but 
not limited to, truck or automobile trailers, farm machinery, 
construction equipment, street cleaners, and golf carts (211.3915).
    Sections 218/219.780 establish VOM content limitations for 
specified categories of coatings applied at each coating applicator 
used in motor vehicle refinishing operations. Touch-up coatings, 
however, are exempt from VOM content limitations (218/219.780(a)) 
``Touch-up coatings'' are defined in the rule as coatings applied by 
brush or hand held, non-refillable aerosol cans to repair minor surface 
damage and imperfections (211.6720).
    Likewise, sections 218/219.786 provide VOM content limits for 
surface preparation products, which are used to remove foreign matter, 
such as wax, tar, grease, and silicone from the surface to be coated.
    The specific VOM content limitation for each coating and surface 
preparation material category is as follows, expressed as units of VOM 
per volume of coating or product applied at each coating or product 
applicator, minus water and any compounds that are specifically 
exempted from the definition of VOM:

------------------------------------------------------------------------
                                                        kg/l     lb/gal 
------------------------------------------------------------------------
(1) Pretreatment wash primer........................      0.78       6.5
(2) Precoat.........................................      0.66       5.5
(3) Primer/primer surfacer coating..................      0.58       4.8
(4) Primer sealer...................................      0.55       4.6
(5) Topcoat system or basecoat/clearcoat............      0.60       5.0
(6) Three or four stage topcoat system..............      0.63       5.2
(7) Specialty coatings..............................      0.84       7.0
(8) Anti-glare/safety coating.......................      0.84       7.0
(9) Plastic parts preparation product...............      0.78       6.5
(10) Preparation Products for other substrates......      0.17       1.4
------------------------------------------------------------------------

    These emission limitations are generally based on ``option 1'' 
coating limits in the draft CTG. The Illinois rule requires that all 
coatings must be used according to manufacturer's specifications and if 
the coating is mixed with additives prior to application, this mixing 
cannot create a violation of the VOM content limitations (218/
219.780(b)).
    Further, specialty coatings must represent no more than 5 percent, 
by volume, of all coatings applied by a source on a monthly basis (218/
219.780(c)). This requirement is based upon a draft CTG recommendation 
to

[[Page 38579]]

assure that specialty coatings are not used as substitutes for coatings 
which are subject to more stringent emission limits. Specialty coatings 
for motor vehicles are defined as coatings used for unusual job 
performance requirements, including, but not limited to, adhesion 
promoters, uniform finish blenders, elastomeric materials, gloss 
flatteners, and bright metal trim repair (211.6145).
    The rule also contains equations based on those contained in the 
draft CTG to determine the weighted average VOM content of topcoat 
systems, which include clearcoat/basecoat and three or four stage 
topcoat systems (218/219.780(d)). This average must be at or below the 
limit to be in compliance.

Sections 218/219.782  Alternative Control Requirements

    As an alternative to complying with the coating requirements of 
this rule, sections 218/219.782 allow a subject motor vehicle 
refinishing operation to operate control equipment that reduces VOM at 
the source by at least 90 percent. Subsection (b) states that a 
facility may operate either an afterburner or carbon adsorber, or use 
an equivalent alternative control plan if approved by the IEPA and EPA 
through federally enforceable permit conditions.
    On December 17, 1992 (57 FR at 59928), EPA approved Illinois' 
existing Operating Permit program as satisfying EPA's June 28, 1989 (57 
FR at 27274), five criteria regarding Federal enforceability. One of 
the criteria is that permits may not be issued that make less stringent 
any SIP limitation or requirement. EPA's December 17, 1992, rulemaking 
states that operating permits issued by Illinois in conformance with 
the five criteria (including the prohibition against States issuing 
operating permit limits less stringent than the regulations in the SIP) 
discussed in the June 28, 1989, rulemaking will be considered federally 
enforceable. The December 17, 1992, rulemaking also states Illinois' 
operating permit program allows EPA to deem an operating permit not 
``federally enforceable.''
    On July 21, 1992, EPA promulgated a new part 70 of chapter 1 of 
title 40 of the Code of Federal Regulations (CFR) (See 57 FR 32250). 
This new part 70 contains regulations, required by Title V of the Act, 
that require and specify the minimum elements of State operating permit 
programs. Part 70 is therefore an appropriate basis for evaluating the 
acceptability of Illinois' use of federally enforceable State operating 
permits (FESOP) and Title V permits in its VOM rules.
    If an applicable implementation plan allows a determination of an 
alternative emission limit at a part 70 source, equivalent to that 
contained in the plan, to be made in the permit issuance, renewal, or 
significant modification process, and the State elects to use such 
process, any permit containing such equivalency determination shall 
contain provisions to ensure that any resulting emissions limit has 
been demonstrated to be quantifiable, accountable, enforceable, and 
based on replicable procedures.
    EPA has therefore determined that section 218/219.782(b), is 
approvable because it requires that any alternative must be equivalent 
to the underlying SIP requirements (consistent with part 70) and EPA 
can deem a permit containing an alternative control plan to be not 
``federally enforceable'' if it determines that a permit is not 
quantifiable or practically enforceable or a permit relaxes the SIP. 
The underlying SIP, to which any equivalent alternative control plan 
must be compared, has federally enforceable control requirements, test 
methods, and record keeping and reporting requirements. The procedures 
for EPA's approval of these alternative control plans are specified in 
a September 13, 1995, letter from the IEPA to Region 5 of the EPA.

Sections 218/219.784  Equipment Specifications

    Besides meeting VOM content limits for coatings and surface 
preparation materials, motor vehicle refinishing operations in the 
Chicago and Metro East nonattainment areas using 20 or more gallons of 
coating per calendar year are required by sections 218/219.784 to coat 
motor vehicles, mobile equipment, or their parts and components using 
either electrostatic or high volume low pressure (HVLP) spray 
equipment. Electrostatic spray is already defined in part 211 as a 
spray coating method in which opposite electrical charges are applied 
to the substrate and the coating; the coating is attracted to the 
object due to the electrostatic potential between them (211.1890). 
Likewise, HVLP spray is defined as equipment used to apply coatings by 
means of a spray gun which operates between 0.1 and 10 pounds per 
square inch gauge (psig) air pressure (211.2990). These two definitions 
have already been approved in a prior rulemaking action on September 9, 
1994 (See 59 FR at 46562). The spray guns are required by the Illinois 
rule to be calibrated, operated, and maintained in accordance with the 
manufacturer's specifications. Use of this equipment increases the 
transfer efficiency of the coating from the applicator to the surface, 
thereby reducing overspray and resultant VOM emissions.
    Facilities which apply 20 or more gallons of coating per year are 
also required under sections 218/219.784 to clean all coating 
applicators with a device that recirculates solvent during the cleaning 
process, collects spent solvent so it is available for disposal or 
recycling, and minimizes evaporation of solvents during cleaning, 
rinsing, draining, and storage.

Sections 218/219.786  Surface Preparation Materials

    These sections are discussed in conjunction with sections 218/
219.780 above.

Sections 218/219.787  Work Practices

    Sections 218/219.787 require that every motor vehicle refinishing 
operation in the Chicago and Metro-East ozone nonattainment areas 
ensures that fresh and spent solvent, cloth or paper used to apply 
solvent for surface preparation or cleanup, waste paint, and sludge are 
stored in closed containers. This is intended to reduce evaporation of 
solvent and resultant VOM emissions. Further, facilities which are 
exempt from equipment specifications because they use less than 20 
gallons of coating per year must direct solvent used to clean coating 
applicator equipment and paint lines into a container for proper 
disposal or recycling.

Sections 218/219.788  Testing

    Under sections 218/219.787, motor vehicle refinishing facilities 
are required, upon the request of IEPA, to conduct tests in order to 
demonstrate compliance with VOM limits or control device requirements. 
These tests are to be done in accordance with the applicable test 
methods and procedures specified in sections 218/219.105, which were 
approved and incorporated into the Illinois SIP on September 9, 1994 
(See 59 FR at 46562).
    The facility shall notify IEPA 30 days prior to conducting such 
tests, as well as submit all test results to IEPA within 45 days after 
completion of the tests. In addition, sections 218/219.788 state that 
nothing in these sections shall limit the authority to require testing 
or inspect facilities under section 114 of the Act.

Sections Section 218/219.789  Monitoring and Record keeping for Control 
Devices

    Sources using add-on control devices to comply with this rule are 
required under sections 218/219.789 to install and operate equipment to 
continuously monitor each control device as specified

[[Page 38580]]

in sections 218/219.105(d)(2)(A), which was approved and incorporated 
into the SIP on September 9, 1994 (See 59 FR at 46562). Facilities must 
also keep and maintain for three consecutive years records of 
parameters for control devices as monitored, as well as logs of 
operating time and maintenance of the control device and monitoring 
equipment, and make all such records available to IEPA immediately upon 
request. These requirements are generally consistent with those 
provided in the June 1992 VOC model rules for add-on control devices.
    An alternative monitoring method, or monitoring of other parameters 
than required, can be used if approved by the IEPA and EPA through 
federally enforceable permit conditions. As discussed previously for 
alternative control plans under section 218/219.782, EPA approved, on 
December 17, 1992 (57 FR at 59928), Illinois' existing Operating Permit 
program as satisfying EPA's June 28, 1989 (57 FR at 27274), five 
criteria regarding Federal enforceability. Moreover, these federally 
enforceable permit conditions are subject to the approvability criteria 
outlined in the July 21, 1992, rulemaking establishing 40 CFR part 70 
(57 FR 32250). The procedures for EPA's review and approval for these 
alternative monitoring methods and parameters are specified in a 
September 13, 1995, letter from IEPA to Region 5 of EPA. These sections 
are, therefore, approvable.

Section 218.219  General Record keeping and Reporting

    All motor vehicle refinishing operations in the Chicago and Metro-
East ozone nonattainment areas shall keep the following records on a 
monthly basis for three consecutive years, and the records shall be 
available to IEPA immediately upon request, as required by sections 
218/219.790:
    (a) the name and manufacturer of each coating and surface 
preparation product used at the facility each month;
    (b) the volume of each category of coating purchased (specified 
according to emission limit categories) by the facility each month;
    (c) the coating mixing instructions, as specified and supplied by 
the manufacturer, for each coating purchased each month;
    (d) the VOM content, expressed as weight of VOM per volume of 
coating, minus water and any compounds that are specifically exempted 
from the definition of VOM, recorded on a monthly basis for:
    (1) each coating as purchased, if not to be mixed with additives 
prior to application on the substrate; or,
    (2) each coating after mixing according to the manufacturer's 
instructions;
    (e) the weighted average VOM content of each basecoat/clearcoat, 
and three or four stage coating system purchased by the source, 
recorded on a monthly basis;
    (f) the total monthly volume of all specialty coatings purchased 
and the percentage specialty coatings comprised in the aggregate of all 
coatings purchased by the source each month;
    (g) the volume of each category of surface preparation material, as 
specified by the emission limit categories, purchased by the source 
each month;
    (h) the VOM content, expressed as weight of VOM per volume of 
material, including water, of each surface preparation material 
purchased by the source, recorded on a monthly basis.
    Although the draft CTG for motor vehicle refinishing recommends 
that rules require daily record keeping of coatings and additives to 
determine compliance, Illinois indicates that the State rule's 
requirements are adequate for the following reasons. On April 30, 1996, 
EPA proposed a National rule requiring motor vehicle refinishing 
manufacturers to meet coating emission limits that are as stringent as, 
or tighter than, the coating limits required under the Illinois rule 
(See 61 FR 19005). This rule is required to be made final by March, 
1997, as established under the schedule for promulgating consumer and 
commercial products, which was published on March 23, 1995 (See 56 FR 
at 15264). The Federal rule for motor vehicle refinishing coating 
manufacturers, once final, will assure that coating purchases made by 
refinishing operations covered under the Illinois rule, will, when 
prepared for application according to the manufacturer's mixing 
instructions, meet the applicable VOM content limit. Illinois further 
indicates that based on extensive outreach with the affected motor 
vehicle refinishing industry, the State is assured that manufacturer's 
mixing instructions are strictly followed because the industry is 
dependent on using these instructions in conjunction with computerized 
mixing equipment, in order to obtain customer satisfaction with the 
color match of the finished job, and to properly adhere to the 
conditions of the coating manufacturer's warranty.
    Finally, although certain record keeping requirements are required 
for touch-up coatings exemptions under rules for other coating source 
categories to ensure the exempted coatings are being used as 
substitutes for covered coatings, such record keeping does not need to 
be kept for motor vehicle refinishing touch-up coatings exempted under 
section 218/219.780, because these coatings are typically dispensed 
from small containers and are not capable of being used as substitutes 
for the subject coatings.
    Based on the reasons outlined above, EPA finds that the Illinois 
rule's record keeping is acceptable for determining compliance.

Section 218/219.791  Compliance Date

    Sections 218/219.791 require that every motor vehicle refinishing 
operation in the Chicago and Metro-East ozone nonattainment areas 
comply with applicable requirements of this rule by March 15, 1996, 
upon modification, or upon initial start-up.

Section 218/219  Registration

    In accordance with sections 218/219.792, each motor vehicle 
refinishing operation shall report to the IEPA before or on its 
compliance date and annually thereafter the following information: a 
description of all coating operations of all refinishing and associated 
surface preparation operations at the source, along with a description 
of all coating applicators, cleanup operations, and work practices at 
the source; certification that the source uses less than 20 gallons of 
coating per year (if applicable); a written declaration stating whether 
the source is in compliance with coating VOM content limits or 
compliance with control device requirements; and a description of any 
control device used and when the device became operational. These 
reporting requirements are acceptable.

IV. Final Rulemaking Action

    The EPA approves, through direct final, the Illinois SIP revision 
request governing the control of VOM from motor vehicle refinishing 
facilities in the Chicago and Metro-East ozone nonattainment areas.

V. Procedural Background

A. Direct Final Action

    The EPA is publishing this action without prior proposal because 
EPA views this action as a noncontroversial revision and anticipates no 
adverse comments. However, EPA 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 
September 23, 1996,

[[Page 38581]]

unless EPA receives adverse or critical comments by August 26, 1996. If 
EPA receives comments adverse to or critical of the approval discussed 
above, EPA 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. Any parties interested in commenting on 
this action should do so at this time. If no such comments are 
received, EPA hereby advises the public that this action will be 
effective on September 23, 1996.

B. Executive Order 12866

    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.

C. Applicability to Future SIP Decisions

    Nothing in this action should be construed as permitting, allowing 
or establishing a precedent for any future request for revision to any 
SIP. EPA 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.

D. Unfunded Mandates

    Section 202 of the Unfunded Mandates Reform Act of 1995 (``Unfunded 
Mandates Act'') (signed into law on March 22, 1995) requires that the 
EPA 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 EPA 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 EPA must 
identify and consider a reasonable number of regulatory alternatives 
before promulgating a rule for which a budgetary impact statement must 
be prepared. The EPA must select from those alternatives the least 
costly, most cost-effective, or least burdensome alternative that 
achieves the objectives of the rule, unless the EPA explains why this 
alternative is not selected or the selection of this alternative is 
inconsistent with law.
    This final rule only approves the incorporation of existing state 
rules into the SIP and imposes no additional requirements. This rule is 
estimated to result in the expenditure by State, local, and tribal 
governments or the private sector of less than $100 million in any one 
year. EPA, therefore, has not prepared a budgetary impact statement or 
specifically addressed the selection of the least costly, most cost-
effective, or least burdensome alternative. Furthermore, because small 
governments will not be significantly or uniquely affected by this 
rule, the EPA is not required to develop a plan with regard to small 
governments.

E. Regulatory Flexibility Analysis

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
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, EPA 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 a State has already imposed. 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 EPA to base its actions 
concerning SIPs on such grounds. Union Electric Co. v. EPA., 427 U.S. 
246, 256-66 (S.Ct. 1976); 42 U.S.C. section 7410(a)(2).

F. Submission to Congress and the General Accounting Office

    Under section 801(a)(1)(A) of the Administrative Procedure Act 
(APA) as amended by the Small Business Regulatory Enforcement Fairness 
Act of 1996, EPA submitted a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives and the Comptroller General of the General Accounting 
Office prior to publication of the rule in today's Federal Register. 
This rule is not a ``major rule'' as defined by section 804(2) of the 
APA as amended.

G. Petitions for Judicial Review

    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 September 23, 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, Ozone, Volatile organic compounds.

    Dated: July 3, 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)(120) to read 
as follows:


Sec. 52.720  Identification of plan.

* * * * *
    (c) * * *
    (120) On May 5, 1995, and May 31, 1995, the State of Illinois 
submitted a rule for motor vehicle refinishing operations, which 
consisted of new volatile organic material (VOM) emission limitations 
to the Ozone Control Plan for the Chicago and Metro East St. Louis 
areas. This State Implementation Plan revision contains rules which 
establish VOM content limits for certain coatings and surface 
preparation products used in automobile and mobile equipment 
refinishing operations in the Chicago and Metro-East area, as well as 
requires these operations to meet certain equipment and work practice 
standards to further reduce VOM.

[[Page 38582]]

    (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 211.240 Adhesion Promoter, 211.495 Anti-Glare/
Safety Coating, 211.685 Basecoat/Clearcoat System, 211.1875 Elastomeric 
Materials, 211.3915 Mobile Equipment, 211.3960 Motor Vehicles, 211.3965 
Motor Vehicle Refinishing, 211.5010 Precoat, 211.5061 Pretreatment Wash 
Primer, 211.5080 Primer Sealer, 211.5090 Primer Surfacer Coat, 211.6145 
Specialty Coatings for Motor Vehicles, 211.6540 Surface Preparation 
Materials, 211.6620 Three or Four Stage Coating System, 211.6695 
Topcoat System, 211.6720 Touch-Up Coating, 211.6860 Uniform Finish 
Blender, amended at 19 Ill. 6823, effective May 9, 1995.
    (B) Part 218: Organic Material Emission Standards and Limitations 
for the Chicago Area, Subpart HH; Motor Vehicle Refinishing, Sections 
218.780 Emission Limitations, 218.782 Alternative Control Requirements, 
218.784 Equipment Specifications, 218.786 Surface Preparation 
Materials, 218.787 Work Practices, 218.788 Testing, 218.789 Monitoring 
and Record keeping for Control Devices, 218.790 General Record keeping 
and Reporting, 218.791 Compliance Date, 218.792 Registration, amended 
at 19 Ill. 6848, effective May 9, 1995.
    (C) Part 219: Organic Material Emissions Standards and Limitations 
for the Metro-East Area, Subpart HH; Motor Vehicle Refinishing, 
Sections 219.780 Emission Limitations, 219.782 Alternative Control 
Requirements, 219.784 Equipment Specifications, 219.786 Surface 
Preparation Materials, 219.787 Work Practices, 219.788 Testing, 219.789 
Monitoring and Record keeping for Control Devices, 219.790 General 
Record keeping and Reporting, 219.791 Compliance Date 219.792 
Registration, amended at 19 Ill. Reg. 6958, effective May 9, 1995.
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[FR Doc. 96-18649 Filed 7-24-96; 8:45 am]
BILLING CODE 6560-50-P