[Federal Register Volume 62, Number 134 (Monday, July 14, 1997)]
[Rules and Regulations]
[Pages 37494-37506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-18403]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IL117-1a; FRL-5857-3]
Approval and Promulgation of State Implementation Plan; Illinois
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: In this action, EPA is approving, as revisions to the Illinois
State Implementation Plan (SIP): Rate-Of-Progress (ROP) plans for the
purpose of reducing Volatile Organic Compound (VOC) emissions in the
Chicago ozone nonattainment area (Cook, DuPage, Kane, Lake, McHenry,
and Will Counties, Oswego Township in Kendall County, and Aux Sable and
Goose Lake Townships in Grundy County) and in the Metro-East St. Louis
ozone nonattainment area (Madison, Monroe, and St. Clair Counties) by
15 percent by November 15, 1996, relative to 1990 baseline emissions;
contingency plans for the same ozone nonattainment areas for the
purpose of achieving an additional 3 percent VOC emission reductions
beyond the 15 percent ROP plans; and transportation control measures
(TCM) for the Metro-East St. Louis area. Emissions of VOC react with
nitrogen oxides in sunlight to form ground-level ozone, commonly known
as smog. High concentrations of ground-level ozone can aggravate
asthma, cause inflammation of lung tissue, decrease lung function, and
impair the body's defenses against respiratory infection. In this
action, EPA is approving Illinois' 15% ROP and contingency plans
through a ``direct final'' rulemaking; the rationale for this approval
is set forth below.
DATES: This final rule is effective September 12, 1997 unless adverse
written comments are received by
[[Page 37495]]
August 13, 1997. If the effective date is delayed, timely notice will
be published in the Federal Register.
ADDRESSES: Comments may be mailed to: J. Elmer Bortzer, Chief,
Regulation Development Section, Environmental Protection Agency, Region
5, Air and Radiation Division, Air Programs Branch (AR-18J), 77 West
Jackson Boulevard, Chicago, Illinois 60604.
Copies of the SIP revision request are available for inspection at
the following address: (It is recommended that you telephone Mark J.
Palermo at (312) 886-6082, before visiting the Region 5 office).
U.S. Environmental Protection Agency, Region 5, Air and Radiation
Division, 77 West Jackson Boulevard, Chicago, Illinois, 60604.
FOR FURTHER INFORMATION CONTACT: Mark J. Palermo, Environmental
Protection Specialist, at (312) 886-6082.
SUPPLEMENTARY INFORMATION:
I. Background on Rate-Of-Progress and Contingency Plan Requirements and
EPA Review Criteria
On November 15, 1990, Congress enacted amendments to the Clean Air
Act (Act); Pub. L. 101-549, 104, Stat. 2399, codified at 42 U.S.C.
7401-7671q. Section 182(b)(1) of the Act requires States with ozone
nonattainment areas classified as moderate and above to submit ROP
plans to reduce VOC emissions by 15 percent from 1990 levels by
November 15, 1996, accounting for growth in the VOC emissions occurring
after 1990. For purposes of these plans, the Act, under sections
182(b)(1)(B) and (D), defines baseline emissions as the total amounts
of actual VOC emissions from all anthropogenic sources in the ozone
nonattainment areas during the calendar year of the enactment of the
revision of the Act (1990), subtracting or factoring out emission
reductions achieved by the Federal Motor Vehicle Emissions Control
Program (FMVCP) regulations promulgated before January 1, 1990, and by
the 1990 gasoline Reid Vapor Pressure (RVP) regulations (55 FR 23666,
June 11, 1990). 1 The baseline emissions are also referred
to as the ``1990 adjusted base year inventories.'' EPA interprets
``calendar year'' emissions to consist of typical ozone season weekday
emissions, because the ozone National Ambient Air Quality Standard
(NAAQS) (0.12 parts per million, one-hour average) is generally
exceeded or violated during ozone season weekdays when ozone precursor
emissions and meteorological conditions are the most conducive to ozone
formation. (See ``State Implementation Plans: General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,''
proposed rule (57 FR 13507), Federal Register, April 16, 1992
(hereafter referred to as the General Preamble)).
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\1\ The 1990 RVP regulations limit the volatility of gasoline in
ozone nonattainment areas during the ozone season. The FMVCP
provides vehicle emission limits that automobile manufacturers must
meet in designing and building new automobiles.
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Section 182(b)(1)(D) of the Act places limits on what emission
reductions can be claimed by ROP plans. All permanent and enforceable
VOC emission reductions occurring after 1990 are creditable with the
following exceptions: (1) those resulting from any emission control
measure relating to motor vehicle exhaust and evaporative emissions
promulgated by the Administrator by January 1, 1990; (2) those due to
RVP regulations promulgated by the Administrator by November 15, 1990,
or due to regulations required under section 211(h) of the Act; (3)
those due to measures to correct Reasonably Available Control
Technology (RACT) regulations as required under section 182(a)(2)(A) of
the Act; and (4) those due to measures to correct previously noted
problems in an existing vehicle inspection and maintenance (I/M)
program as required under section 182(a)(2)(B) of the Act.
Section 172(c)(9) of the Act requires States with ozone
nonattainment areas classified as moderate and above to adopt
contingency measures by November 15, 1993. Such measures must provide
for the implementation of specific emission control measures if an
ozone nonattainment area fails to achieve ROP or fails to attain the
NAAQS within the time-frames specified under the Act. Section 182(c)(9)
of the Act requires that, in addition to the contingency measures
required under section 172(c)(9), the contingency measure SIP revision
for serious and above ozone nonattainment areas must also provide for
the implementation of specific measures if the area fails to meet any
applicable milestone in the Act. As provided by these sections of the
Act, the contingency measures must take effect without further action
by the State or by the EPA Administrator upon failure by the State to
meet ROP requirements or attainment of the NAAQS by the required
deadline, or other applicable milestones of the Act.
The General Preamble states that the contingency measures, in
total, must generally provide for 3 percent reductions from the 1990
baseline emissions. While all contingency measures must be fully
adopted rules or measures, States can use the measures in two different
ways. A State can choose to implement contingency measures before the
November 15, 1996, ROP milestone deadline. Alternatively, a State may
decide not to implement a contingency measure until an area has
actually failed to achieve a ROP or attainment milestone. In the latter
situation, the contingency measure emission reduction must be achieved
within one year following identification of a milestone failure.
The EPA has developed a number of guidelines addressing the review
of ROP and contingency plans and addressing such topics as: (1) the
relationship of ROP plans to other SIP elements required by the Act;
(2) recommended emission reduction levels for various control measures
including Federal emission control measures; and (3) emission inventory
projection procedures. All relevant guidelines are listed below.
1. Procedures for Preparing Emissions Projections, EPA-450/4-91-
019, Environmental Protection Agency, July 1991.
2. State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990;
Proposed rule (57 FR 13498), Federal Register, April 16, 1992.
3. ``November 15, 1992, Deliverables for Reasonable Further
Progress and Modeling Emission Inventories,'' memorandum from J. David
Mobley, Edwin L. Meyer, and G. T. Helms, Office of Air Quality Planning
and Standards, Environmental Protection Agency, August 7, 1992.
4. Guidance on the Adjusted Base Year Emissions Inventory and the
1996 Target for the 15 Percent Rate of Progress Plans, EPA-452/R-92-
005, Environmental Protection Agency, October 1992.
5. ``Quantification of Rule Effectiveness Improvements,''
memorandum from G. T. Helms, Chief, Ozone/Carbon Monoxide Programs
Branch, Office of Air Quality Planning and Standards, Environmental
Protection Agency, October 1992.
6. Guidance for Growth Factors, Projections, and Control Strategies
for the 15 Percent Rate-of-Progress Plans, EPA-452/R-93-002, March
1993.
7. ``Correction to `Guidance on the Adjusted Base Year Emissions
Inventory and the 1996 Target for the 15 Percent Rate of Progress
Plans','' memorandum from G. T. Helms, Chief, Ozone/Carbon Monoxide
Programs Branch, Office of Air Quality Planning and Standards,
[[Page 37496]]
Environmental Protection Agency, March 2, 1993.
8. ``15 Percent Rate-of-Progress Plans,'' memorandum from G. T.
Helms, Chief, Ozone/Carbon Monoxide Programs Branch, Office of Air
Quality Planning and Standards, Environmental Protection Agency, March
16, 1993.
9. Guidance on the Relationship Between the 15 Percent Rate-of-
Progress Plans and Other Provisions of the Clean Air Act, EPA-452/R-93-
007, Environmental Protection Agency, May 1993.
10. ``Credit Toward the 15 Percent Rate-of-Progress Reductions from
Federal Measures,'' memorandum from G. T. Helms, Chief, Ozone/Carbon
Monoxide Programs Branch, Environmental Protection Agency, May 6, 1993.
11. Guidance on Preparing Enforceable Regulations and Compliance
Programs for the 15 Percent Rate-of-Progress Plans, EPA-452/R-93-005,
Environmental Protection Agency, June 1993.
12. ``Correction Errata to the 15 Percent Rate-of-Progress Plan
Guidance Series,'' memorandum from G. T. Helms, Chief, Ozone and Carbon
Monoxide Programs Branch, Environmental Protection Agency, July 28,
1993.
13. ``Early Implementation of Contingency Measures for Ozone and
Carbon Monoxide (CO) Nonattainment Areas,'' memorandum from G. T.
Helms, Chief, Ozone/Carbon Monoxide Programs Branch, Environmental
Protection Agency, August 13, 1993.
14. ``Region III Questions on Emission Projections for the 15
Percent Rate-of-Progress Plans,'' memorandum from G.T. Helms, Chief,
Ozone/Carbon Monoxide Programs Branch, Office of Air Quality Planning
and Standards, Environmental Protection Agency, August 17, 1993.
15. ``Guidance on Issues Related to 15 Percent Rate-of-Progress
Plans,'' memorandum from Michael H. Shapiro, Acting Assistant
Administrator for Air and Radiation, Environmental Protection Agency,
August 23, 1993.
16. ``Credit Toward the 15 Percent Requirements from Architectural
and Industrial Maintenance Coatings,'' memorandum from John S. Seitz,
Director, Office of Air Quality Planning and Standards, Environmental
Protection Agency, September 10, 1993.
17. ``Reclassification of Areas to Nonattainment and 15 Percent
Rate-of-Progress Plans,'' memorandum from John S. Seitz, Director,
Office of Air Quality Planning and Standards, Environmental Protection
Agency, September 20, 1993.
18. ``Clarification of Guidance for Growth Factors, Projections and
Control Strategies for the 15 Percent Rate of Progress Plans,''
memorandum from G. T. Helms, Chief, Ozone/Carbon Monoxide Programs
Branch, Office of Air Quality Planning and Standards, Environmental
Protection Agency, October 6, 1993.
19. ``Review and Rulemaking on 15 Percent Rate-of-Progress Plans,''
memorandum from G. T. Helms, Chief, Ozone/Carbon Monoxide Programs
Branch, Office of Air Quality Planning and Standards, Environmental
Protection Agency, October 6, 1993.
20. ``Questions and Answers from the 15 Percent Rate-of-Progress
Plan Workshop,'' memorandum from G. T. Helms, Chief, Ozone/Carbon
Monoxide Programs Branch, Environmental Protection Agency, October 29,
1993.
21. ``Rate-of-Progress Plan Guidance on the 15 Percent
Calculations,'' memorandum from D. Kent Berry, Acting Director, Air
Quality Management Division, Environmental Protection Agency, October
29, 1993.
22. ``Clarification of Issues Regarding the Contingency Measures
that are due November 15, 1993, for Moderate and Above Ozone
Nonattainment Areas,'' memorandum from D. Kent Berry, Acting Director,
Air Quality Management Division, Environmental Protection Agency,
November 8, 1993.
23. ``Credit for 15 percent Rate-of-Progress Plan Reductions from
the Architectural and Industrial Maintenance (AIM) Coating Rule,''
memorandum from John S. Seitz, Director, Office of Air Quality Planning
and Standards, Environmental Protection Agency, December 9, 1993.
24. ``Guidance on Projection of Nonroad Inventories to Future
Years,'' memorandum from Philip A. Lorang, Director, Emission Planning
and Strategies Division, Office of Air and Radiation, Environmental
Protection Agency, February 4, 1994.
25. ``Discussion at the Division Directors Meeting on June 1
Concerning the 15 Percent and 3 Percent Calculations,'' memorandum from
G. T. Helms, Chief, Ozone/Carbon Monoxide Programs Branch, Office of
Air Quality Planning and Standards, Environmental Protection Agency,
June 2, 1994.
26. ``Future Nonroad Emission Reduction Credits for Court-Ordered
Nonroad Standards,'' memorandum from Philip A. Lorang, Director,
Emission Planning and Strategies Division, Office of Air and Radiation,
Environmental Protection Agency, November 28, 1994.
27. ``Credit for the 15 Percent Rate-of-Progress Plans for
Reductions from the Architectural and Industrial Maintenance (AIM)
Coating Rule and the Autobody Refinishing Rule,'' memorandum from John
S. Seitz, Director, Office of Air Quality Planning and Standards,
Environmental Protection Agency, November 29, 1994.
28. ``Transmittal of Rule Effectiveness Protocol for 1996
Demonstrations,'' memorandum from Susan E. Bromm, Director, Chemical,
Commercial Services and Municipal Division, Office of Compliance,
Environmental Protection Agency, December 22, 1994.
29. ``Future Nonroad Emission Reduction Credits for Locomotives,''
memorandum from Philip A. Lorang, Director, Emission Planning and
Strategies Division, Office of Air and Radiation, Environmental
Protection Agency, January 3, 1995.
30. ``Credit for the 15 Percent Rate-of-Progress Plans for
Reductions from the Architectural and Industrial Maintenance (AIM)
Coating Rule,'' memorandum from John S. Seitz, Director, Office of Air
Quality Planning and Standards, Environmental Protection Agency, March
22, 1995.
31. ``Fifteen Percent Rate-of-Progress Plans--Additional
Guidance,'' memorandum from John S. Seitz, Director, Office of Air
Quality Planning and Standards, Environmental Protection Agency, May 5,
1995.
32. ``Update on the credit for the 15 percent Rate-of-Progress
Plans for Reductions from the Architectural and Industrial Maintenance
Coatings Rule,'' memorandum from John S. Seitz, Director, Office of Air
Quality Planning and Standards, Environmental Protection Agency, March
7, 1996.
II. Rate-Of-Progress and Contingency Plan Submittals for the
Chicago and Metro-East St. Louis Ozone Nonattainment Areas
A. Administrative Actions/Requirements
The Act requires States to observe certain procedural requirements
in developing SIPs and SIP revisions for submittal to the EPA. Sections
110(a)(2) and 110(l) of the Act provide that each SIP submitted by a
State must be adopted by the State after reasonable notice and public
hearing.
The State of Illinois held a public hearing on October 15, 1993, to
hear and collect public comments on the 15 percent ROP and 3 percent
contingency plans for both the Chicago and the Metro-East St. Louis
ozone nonattainment areas. Subsequently, the plans were adopted by the
State and submitted to EPA on November 15, 1993. The submittals
included records
[[Page 37497]]
of public comments, hearing records, and responses to public comments.
The plans were supplemented with additional submittals to the EPA on
February 18, 1994, November 22, 1994, January 31, 1995, and May 23,
1995. These subsequent submittals contain supplemental documentation on
the State's emission reduction estimates for various source categories.
At EPA's request, the Illinois Environmental Protection Agency (IEPA)
made additional submittals of technical support information and updated
emission estimates on May 9, 1996, and July 22, 1996. All of the above
submittals are considered to be part of the record of decision for this
rulemaking. All submittals are available for review at the EPA Region 5
offices noted above.
On January 21, 1994, by letter, the EPA found the November 1993,
submittals to be incomplete due to an incomplete set of State emission
control regulations. Subsequently, the State adopted and submitted all
required regulations. EPA found the ROP and contingency plan submittals
to be complete, by letter, on June 15, 1995.
B. Accurate Emission Inventories
Sections 172(c)(3) and 182(b)(1) of the Act require nonattainment
plans to include and be based on comprehensive, accurate, and current
inventories of actual emissions from all sources of relevant pollutants
in the nonattainment areas. On March 14, 1995 (60 FR 13631), EPA
approved base year (1990) VOC emission inventories for the Chicago and
Metro-East St. Louis ozone nonattainment areas (the inventories also
included major source emissions from surrounding areas). The VOC
emissions from these emission inventories establish the baseline for
Illinois' ROP and contingency plans.
It should be noted throughout the discussions that follow that
volatile organic emissions are referred to as VOC emissions. In the
Illinois ROP and contingency plans (as well as in the base year
emission inventory documentation), the State uses the term ``Volatile
Organic Material (VOM)'' rather than VOC. The State's definition of VOM
is equivalent to EPA's definition of VOC. The two terms are
interchangeable when discussing volatile organic emissions. For
consistency with the Act and with EPA policy, the term VOC is used in
this rulemaking. VOC emissions referred to in today's action are
identical to VOM emissions referred to in Illinois' ROP and contingency
measure plans.
C. Required VOC Emission Reductions
Following EPA ROP guidelines (primarily guidance contained in the
Guidance on the Adjusted Base Year Emissions Inventory and the 1996
Target of the 15 Percent Rate of Progress Plans, EPA-452/R-92-005,
October 1992, and in the Guidance for Growth Factors, Projections, and
Control Strategies for the 15 Percent Rate-of-Progress Plans, EPA-452/
R-93-002, March 1993), the IEPA has determined that creditable VOC
reductions (as opposed to noncreditable emission reductions defined in
section 182(b)(1)(D) of the Act) of 249.98 tons per day (TPD) for the
Chicago ozone nonattainment area, and 26.66 TPD for the Metro-East St.
Louis ozone nonattainment area are needed to achieve the 15% ROP
requirement. To meet the 3 percent contingency requirement, the IEPA
determined that the contingency measures must also achieve a 31.92 TPD
VOC emission reduction in the Chicago ozone nonattainment area and 4.96
TPD VOC emission reduction in the Metro-East St. Louis ozone
nonattainment area. The IEPA has fully documented the calculation of
these emission reduction requirements and has shown that EPA
recommended procedures were followed. This documentation includes
identification of emission/source growth factors and noncreditable
emission reductions from emission controls referenced in section
182(b)(1)(D) of the Act. Tables 1 and 2 summarize the calculation of
emission reductions needed by 1996.
Table 1.--Emission Reductions Required by 1996 for the Chicago Area
------------------------------------------------------------------------
Tons VOC/
Calculation of reduction needs by 1996 day
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1990 Chicago Area Total VOC Emissions...................... 1,363.40
1990 ROP Emissions (Anthropogenic only).................... 1,216.56
1990-1996 Noncreditable Reductions (Reductions from 1990
RVP, Pre-1990 FMVCP, and RACT Fix-up Regulations)......... 199.93
1990 Adjusted Base Year Emissions (1990 ROP Emissions minus
Noncreditable Reductions)................................. 1,064.05
15 Percent of Adjusted Base Year Emissions................. 159.61
Total Required Emission Reductions by 1996 (15 Percent of
Adjusted Base Year Emissions plus Noncreditable
Reductions)............................................... 359.54
1996 Target Level (1990 ROP Emissions minus Total Required
Emission Reductions by 1996).............................. 857.02
1996 Projected Emissions (1990 Adjusted Base Year Emissions
plus Growth Factors)...................................... 1,107.00
Reduction needs by 1996 to achieve 15 percent net of growth
(1996 Projected Emissions plus 1996 Target Level)......... 249.98
Contingency measure requirement (3% of Adjusted Base Year
Emissions................................................. 31.92
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Total emission reductions required................... 281.90
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Table 2.--Emission Reductions Required by 1996 for the Metro-East St.
Louis Area
------------------------------------------------------------------------
Tons VOC/
Calculation of reduction needs by 1996 day
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1990 Metro-East Area Total VOC Emissions................... 234.79
1990 ROP Emissions (Anthropogenic only).................... 174.65
1990-1996 Noncreditable Reductions (1990 RVP, Pre-1990
FMVCP, and RACT Fix-Up Reductions)........................ 10.75
1990 Adjusted Base Year Emissions (1990 ROP Emissions minus
Noncreditable Reductions)................................. 165.24
15 Percent of Adjusted Base Year Emissions................. 24.79
Total Required Emission Reductions by 1996 (15 Percent of
Adjusted Base Year Emissions plus Noncreditable
Reductions)............................................... 35.54
1996 Target Level (1990 ROP Emissions minus Total Required
Emission Reductions by 1996).............................. 139.11
1996 Projected Emissions (1990 Adjusted Base Year Emissions
plus Growth Factors)...................................... 165.77
Reduction needs by 1996 to achieve 15 percent net of growth
(1996 Projected Emissions minus 1996 Target Level)........ 26.66
Contingency measure requirement (3% of Adjusted Base Year
Emissions................................................. 4.96
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[[Page 37498]]
Total emission reductions required................... 31.62
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D. Control Measures
Tables 3 and 4 below summarize the creditable emission reductions
from the 15% ROP and 3% contingency plan control measures. These tables
indicate the emission reduction credit the State has claimed for each
control measure, and the actual emission reduction credit which EPA
finds acceptable. Unless otherwise noted, the emission control measures
apply to both the Chicago and Metro-East St. Louis ozone nonattainment
areas. Table 5 indicates the date of EPA approval of State adopted
control measures, date of EPA promulgation of Federal control measures,
or an identification of the source for taking credit for a control
measure, where EPA promulgation has not occurred. Following the tables
is a discussion describing each of the emission control measures
selected to help achieve ROP and contingency measure plan requirements,
and EPA's review of the emission reduction claimed for each control
measure. (Note that the IEPA, in describing the selected emission
control measures and emission reduction impacts, does not distinguish
between ROP plan measures and contingency plan measures).
Emission reductions not needed to achieve 15 percent ROP and 3
percent contingency requirements in the Chicago and Metro-East St.
Louis ozone nonattainment areas, respectively, will be applied toward
achieving the post-1996 ROP requirement, leading to attainment of the
ozone air quality standard. (Post-1996 ROP plans are required to be
submitted under section 182(c)(2)(B) of the Act).
Table 3.--Control Measures for the Chicago Ozone Nonattainment Area
------------------------------------------------------------------------
Voc Voc
reduction reduction
Control measure state credit
claimed accepted
tons/day tons/day
------------------------------------------------------------------------
Mobile Source Measures
Enhanced Vehicle I/M Program.................. 19.60 (1)
Conventional TCMs............................. 2.00 2.00
National Energy Policy Act of 1992............ 0.20 0.20
Post-1994 Tier 1 Vehicle Emission Rates....... 2.40 2.40
1995 Reformulated Gasoline.................... 112.79 112.79
1992 Vehicle I/M Program Amendments........... 8.40 8.40
Federal Detergent Additive Gasoline........... 2.20 2.20
Federal Non-Road Small Engine Standards....... 4.37 4.37
-------------------------
Subtotal................................ 151.96 132.36
Industrial Source Measures
RACT Geographic Expansion..................... 3.43 3.43
Expanded RACT--Lowered Source Size Cutoffs (25
Tons Per Year)............................... 2.78 2.78
New Control Technique Guidelines (CTG):....... ........... ...........
Synthetic Organic Chemical Manufacturing
Industry (SOCMI) Batch Processes......... 12.60 3.21
Industrial Waste Treatment Facilities
(IWTF)................................... 0.14 0.14
Volatile Organic Liquid (VOL) Storage..... 2.18 2.18
Plastic Parts Coating..................... 0.28 0.28
Lithographic Printing..................... 4.06 4.06
Automobile Refinishing.................... 16.30 16.30
Coke Oven National Emission Standard for
Hazardous Air Pollutants (NESHAP)/Maximum
Available Control Technology (MACT).......... 6.93 6.93
SOCMI NESHAP.................................. 1.33 1.33
Toxic Substance Disposal Facility (TSDF) RACT
and Resource Conservation Recovery Act (RCRA)
Phase I and II Controls...................... 2.08 2.08
Marine Vessel Loading......................... 1.40 1.40
Tightening of RACT Standards and Source Size
Cutoffs...................................... 12.05 12.05
Plant Shut-Downs.............................. 31.60 31.60
Improved Rule Effectiveness from Clean Air Act
Permit Program (CAAPP)....................... 26.30 26.30
-------------------------
Subtotal................................ 123.46 114.07
Area Source Measures
Stage II Service Station Vapor Recovery....... 23.67 23.67
Architectural and Industrial Maintenance (AIM)
Coating...................................... 13.28 10.60
Traffic and Maintenance Coatings.............. 3.73 3.73
Underground Gasoline Storage Tank Breathing
Control...................................... 4.87 4.87
Consumer and Commercial Products Solvent
Control...................................... 8.10 8.10
-------------------------
Subtotal................................ 53.65 50.97
=========================
Total................................... 329.07 297.40
------------------------------------------------------------------------
\1\ See below.
Table 4.--Control Measures for the Metro-East St. Louis Ozone
Nonattainment Area
------------------------------------------------------------------------
VOC VOC
reduction reduction
Control measure credit credit
requested approved
(TPD) (TPD)
------------------------------------------------------------------------
Mobile Source Measures
Enhanced Vehicle I/M Program.................. 4.80 (\1\)
Conventional TCMs............................. 0.20 0.20
Post-1994 Tier 1 Vehicle Emission Rates....... 0.19 0.19
7.2/8.2 psi RVP Conventional Gasoline......... 8.55 8.55
1992 Vehicle I/M Program Amendments........... 0.20 0.20
Federal Detergent Additive Gasoline........... 0.20 0.20
Federal Non-Road Small Engine Standards....... 0.42 0.42
-------------------------
Subtotal................................ 14.56 9.76
Industrial Source Measures
New CTGs or Available CTGs:
SOCMI Batch Processes..................... 0.36 0.36
IWTF...................................... 0.10 0.10
Automobile Refinishing.................... 1.20 1.20
Coke Oven NESHAP/MACT......................... 0.10 0.10
SOCMI NESHAP.................................. 0.26 0.26
TSDF RACT and RCRA Phase I and II Controls.... 0.06 0.06
Marine Vessel Loading......................... 11.82 11.82
Tightening of RACT Standards and Source Size
Cutoffs...................................... 0.39 0.39
Plant Shut-Downs.............................. 1.44 1.44
Improved Rule Effectiveness From CAAPP........ 9.50 9.50
Hazardous Air Pollutant (HAP) Standards Early
Reduction Program............................ 0.74 0.74
-------------------------
Subtotal................................ 25.97 25.97
Area Source Measures
AIM Coating................................... 0.94 0.75
Traffic and Maintenance Coating............... 0.62 0.62
Underground Gasoline Storage Tank Breathing
Control...................................... 0.44 0.44
Consumer and Commercial Product Solvent
Reduction.................................... 0.58 0.58
-------------------------
Subtotal................................ 2.58 2.39
=========================
Total................................... 43.11 38.12
------------------------------------------------------------------------
Table 5.--Federal Approval or Promulgation of Control Measures
------------------------------------------------------------------------
Control measure Date of EPA approval
------------------------------------------------------------------------
Chicago Area TCMs...................... September 21, 1995 (60 FR
4886).
Metro-East Area TCMs................... Date of EPA approval action is
date of today's Federal
Register. See discussion
below.
1992 National Energy Policy Act........ Federal Regulation March 14,
1996 (61 FR 10621).
Post-1994 Tier 1 Vehicle Emission Rates Federal Regulation June 5, 1991
(56 FR 25724).
1995 Reformulated Gasoline............. Federal Regulation February 16,
1994 (59 FR 7716).
Metro-East area 7.2 psi RVP March 23, 1995 (60 FR 5318).
Conventional Gasoline Rule.
1992 Vehicle I/M Program Amendments.... April 9, 1996 (61 FR 15715).
Federal Gasoline Detergent Additive.... Federal Regulation November 1,
1994 (59 FR 54706).
Federal Non-Road Small Engine Standards Federal Regulation August 2,
1995 (60 FR 34582) See
``Guidance on Projection of
Nonroad Inventories to Future
Years,'' February 4, 1994, and
``Future Nonroad Emission
Reduction Credits for Court-
Ordered Nonroad Standards,''
November 28, 1994.
Chicago Area RACT Geographic Expansion. September 9, 1994 (59 FR
46562).
Chicago Area Expanded RACT--Lowered October 21, 1996 (61 FR 54556).
Size Cutoffs (25 Tons VOC Per Year).
SOCMI Batch Processes.................. April 2, 1996 (61 FR 14484).
IWTF................................... Federal Regulation April 22,
1994 (59 FR 19468).
VOL Storage Tanks...................... August 8, 1996 (61 FR 41338).
Plastic Parts Coating.................. October 26, 1995 (60 FR 54807).
Lithographic Printing.................. November 8, 1995 (60 FR 56238).
Automobile Refinishing................. July 25, 1996 (61 FR 38577).
Coke Oven NESHAP....................... Federal Regulation October 27,
1993 (58 FR 57911).
SOCMI NESHAP........................... Federal Regulation April 22,
1994 (59 FR 19454).
TSDF RACT (RCRA) Phase I & II.......... Federal Regulation Phase I,
June 21, 1990 (55 FR 25454)
Phase II, December 6, 1994 (59
FR 62896) See ``Credit Toward
the 15 Percent Rate-Of-
Progress Reductions from
Federal Measures,'' May 6,
1993.
Marine Vessel Loading Control.......... April 3, 1995 (60 FR 16801).
[[Page 37500]]
Tightened RACT Coating Standards....... February 13, 1996 (61 FR 5511).
Tightened RACT SOCMI Air Oxidation..... September 27, 1995 (60 FR
49770).
Plant Shut-downs....................... See discussion below.
Improved Rule Effectiveness from CAAPP. March 7, 1995 (60 FR 12478).
HAP Standards Early Reduction Program.. Federal Regulation November 21,
1994 (59 FR 59924).
Underground Gasoline Storage Tank March 23, 1995 (60 FR 15233).
Breathing Controls.
Stage II Gasoline Vapor Recovery....... January 12, 1993 (58 FR 3841).
AIM Coatings........................... Creditable toward ROP. See
``Update on the Credit for the
15 Percent ROP Plans for
Reductions from the AIM
Coatings Rule,'' March 7,
1996.
Traffic and Maintenance Coatings....... Creditable toward ROP. See
``Update on the Credit for the
15 Percent ROP Plans for
Reductions from the AIM
Coatings Rule,'' March 7,
1996.
Consumer and Commercial Products Creditable toward ROP. See
Solvent Control. ``Regulatory Schedule for
Consumer and Commercial
Products under Section 183(e)
of the Clean Air Act,'' June
22, 1995.
------------------------------------------------------------------------
1. On-Road Mobile Source Sector
a. Enhanced Vehicle I/M. The Illinois 15 percent ROP plan submittal
claims emission reduction credit for enhanced vehicle I/M for the
Chicago and Metro-East St. Louis areas. The State has signed a contract
for the construction and implementation of enhanced I/M, which provides
that enhanced I/M testing will begin in January 1999. Based on EPA's
review of the State's plan submittal, the State has adopted sufficient
measures, in conjunction with credit from certain Federal measures, to
achieve 15 percent ROP and 3 percent contingency requirements without
enhanced I/M. Enhanced I/M will play a significant role in achieving
post-1996 9% ROP requirements, and ultimately, help bring the Chicago
and Metro-East St. Louis ozone nonattainment areas into attainment of
the public health based ozone air quality standards. The amount of
emission reduction credit which can be taken for enhanced I/M will be
determined when Illinois submits and EPA takes action on the State's 9%
ROP plan.
b. Conventional TCMs. The Metropolitan Planning Organizations (MPO)
for the Chicago and Metro-East St. Louis areas (Chicago Area
Transportation Study and East-West Gateway Coordinating Council,
respectively) are administering a number of TCM projects to both reduce
vehicle miles traveled (VMT) and the amount of VOC emissions per VMT.
The projects have been programmed and funded through the areas'
Transportation Improvement Programs (TIP) under the federal Congestion
Mitigation and Air Quality Improvement Program (CMAQ).2
Illinois is claiming emission reductions from the TCMs in its 15
percent ROP plans for the Chicago and Metro-East areas.
---------------------------------------------------------------------------
\2\ MPOs can utilize United States Department of Transportation
(DOT) funds from CMAQ. CMAQ is a federal program which provides
funding for transportation related projects and programs designed to
contribute to attainment of air quality standards.
---------------------------------------------------------------------------
States can take credit for TCMs which are approved as revisions to
the SIP. EPA's requirements for TCMs are summarized in the June 1993,
EPA guidance document, Guidance on Preparing Enforceable Regulations
and Compliance Programs for the 15 Percent Rate-of-Progress Plans. The
required elements are (1) a complete description of the measure, and,
if possible, its estimated emissions reduction benefits; (2) evidence
that the measure was properly adopted by a jurisdiction(s) with legal
authority to execute the measure; (3) evidence that funding will be
available to implement the measure; (4) evidence that all necessary
approvals have been obtained from all appropriate government offices;
(5) evidence that a complete schedule to plan, implement, and enforce
the measure has been adopted by the implementing agencies; and (6) a
description of any monitoring program to evaluate the measure's
effectiveness and to allow for necessary in-place corrections or
alterations.
The Chicago area TCMs were approved on September 21, 1995 (60 FR
4886). The Metro-East St. Louis area's 15 percent ROP plan includes
work trip reductions, transit improvements, and traffic flow
improvements TCMs. These TCMs are being approved in today's action as a
revision to the SIP because they fully satisfy all the requirements
based on the following: (1) A complete description of the program and
estimated emission reduction are provided in documentation included in
the docket for this rulemaking action; (2) the measure has been adopted
by the East-West Gateway Coordinating Council, the authorized MPO for
the St. Louis metropolitan area; (3) the program is currently operating
and has received federal CMAQ program money for operation; (4) all
necessary approvals have been obtained from DOT on the FY 1994-1997 TIP
(which includes the TCMs); (5) the TIP provides the schedule,
implementation mechanism, and also the enforcement mechanism for the
TCM (the conformity provisions in 40 CFR part 93 provide that TCMs in
an approved SIP must be implemented on schedule before a conformity
determination can be made by DOT); and (6) the CMAQ program requires
monitoring of programs funded under CMAQ and annual reports to DOT on
achieved emission reductions.
The emission reductions claimed in the ROP plans for both the
Chicago and Metro-East TCMs are adequately documented and acceptable.
c. National Energy Policy Act of 1992. The National Energy Policy
Act (EPAct) was enacted in October 1992. EPAct mandates implementation
(use) of Alternative Fueled Vehicles (AFVs) in federal, State, and
utility fleets. EPAct requires that 25% of new vehicle purchases by
federal fleets, 10% of new vehicle purchases by State fleets, and 30%
of new vehicle purchases by utility fleets must be AFVs beginning in
1996. IEPA estimated that EPAct would implement approximately 2,000
AFVs in the Chicago Area by 1996. The EPA mobile source emission factor
model, MOBILE5a, was used to determine the impacts of EPAct on mobile
source emissions. The State's emission reduction estimates for this
federal measure are adequately documented and acceptable.
d. Post-1994 Tier 1 Emission Rates. Section 202 of the Act sets new
Tier 1 emission standards for motor vehicles,
[[Page 37501]]
some of which will be implemented prior to the end of 1996. The Tier 1
standards are approximately twice as stringent as prior (established
prior to the 1990 Clean Air Act amendments) motor vehicle emission
standards. For passenger cars and light-duty trucks weighing up to
6,000 pounds, the implementation of the standards is to be phased-in
over three years, 40 percent of the manufactured vehicles for model
year 1994, 80 percent of the manufactured vehicles in model year 1995,
and 100 percent of the manufactured vehicles in the model year 1996 and
later. For gasoline and diesel powered light-duty trucks weighing more
than 6,000 pounds, the Tier 1 standards are to be met in 50 percent of
the manufactured vehicles in model year 1996 and in 100 percent of the
manufactured vehicles thereafter.
The IEPA has determined that the emission reductions resulting from
these tightened vehicle standards are creditable toward the 15 percent
ROP plan and used the MOBILE5a emission factor model to calculate the
VOC emission reductions for this control measure. The State's emission
reduction estimates are adequately documented and acceptable.
e. 1992 I/M Program Amendments. As a result of an agreement
resolving a lawsuit between Wisconsin and EPA, the State of Illinois
added a tamper check and two-speed idle test to the basic I/M program
in the Chicago metropolitan area. The I/M program area coverage was
also increased to encompass almost all of the Chicago metropolitan
area. These changes in the I/M program were implemented in 1992, and
were approved by EPA on April 9, 1996 (61 FR 15715). Similar changes in
the components of the I/M program were implemented in the Metro-East
St. Louis area, as well.
The IEPA used the MOBILE5a emission factor model to estimate the
emission reductions for both areas. The State's emission reduction
estimates are adequately documented and are acceptable.
f. Federal Detergent Gasoline Additive. The Federal detergent
gasoline additive regulation was promulgated November 1, 1994 (59 FR
54706). This regulation requires, beginning January 1, 1995, that
gasoline sold nationwide contain additives to prevent accumulation of
deposits in engines and fuel systems. Preventing such deposits
maintains the efficiencies of engine systems and reduces VOC emissions
resulting from engine efficiency degradation.
The State has reviewed guidance from EPA's Office of Mobile Sources
which indicates that the use of gasoline containing the required
additives will reduce vehicle VOC emissions by 0.7 percent in 1996.
This guidance is the basis for the VOC emission reductions claimed in
the 15 percent ROP plans for this control measure. The emission
reduction estimates are acceptable.
g. Federal Non-Road Small Engine Standards. Federal standards for
non-road engines (25 horsepower and below) were promulgated on August
2, 1995 (60 FR 34582). The standards would primarily affect 2 stroke
and 4 stroke lawn and garden equipment and light commercial,
construction, and logging equipment. Although full implementation of
this control measure will not occur until after November 15, 1996, the
States can take credit for this measure pursuant to EPA policy
memoranda, ``Guidance on Projection of Nonroad Inventories to Future
Years,'' February 4, 1994, and ``Future Nonroad Emission Reduction
Credits for Court-Ordered Nonroad Standards,'' November 28, 1994. Based
on this policy, the IEPA assumed that the Federal non-road small engine
standards would reduce 1996 VOC emissions from these sources by 4.5
percent. The IEPA also assumes that these rules will have a rule
effectiveness of 100 percent because the rules affect all manufacturers
of small engines in the nation. The 4.5 percent emission reduction
claim is assumed to appropriately account for rule penetration (the
fraction of small engine emissions affected by the rule). The assumed
emission reduction percentage is acceptable.
h. Reformulated Gasoline. Beginning January 1, 1995, sellers of
gasoline in the Chicago ozone nonattainment area were required to sell
only reformulated gasoline as required under federal regulation
promulgated February 16, 1994 (59 FR 7716). Using the MOBILE5a emission
factor model, the IEPA has determined that the use of reformulated
gasoline will result in a 15 percent reduction in vehicle VOC
emissions. The IEPA notes that the use of reformulated gasoline will
also result in lower gasoline marketing and off-road engine emissions
in the Chicago ozone nonattainment area. The emission reduction
estimates are adequately documented and acceptable.
i. 7.2 RVP Gasoline. On October 25, 1994, the IEPA submitted to the
EPA a SIP revision request for the purpose of lowering the RVP of
gasoline from 9.0 pounds per square inch (psi) to 7.2 psi in the Metro-
East St. Louis ozone nonattainment area. EPA approved this SIP revision
on March 23, 1995 (60 FR 15233). The Illinois rule requires the use of
7.2 psi RVP gasoline in the Metro-East St. Louis area during the period
of June 1 through September 15 each year beginning in 1995. The rule
grants a 1 psi waiver for ethanol blended gasolines that have an
ethanol content between 9 and 10 percent ethanol by volume.
The IEPA used the MOBILE5a emission factor model to calculate the
resulting VOC emission reduction for on-highway mobile sources.
Illinois used a RVP ratio (reduced RVP versus average RVP of gasoline
sold in 1990) along with 1996 gasoline usage estimates to calculate the
VOC emission reduction from gasoline marketing sources. The calculation
of the emission reduction is adequately documented and acceptable.
2. Industrial Sector
a. RACT Geographic Expansion. The State, on August 13, 1992,
adopted a rule to expand the coverage of existing RACT regulations to
include Oswego Township in Kendall County, and Aux Sable and Goose Lake
Townships in Grundy County. This geographic expansion has affected
several facilities, which are adequately documented in the ROP plan
submittal. EPA approved this expansion on September 9, 1994 (59 FR
46562). The emission reduction estimate is acceptable.
b. RACT--Reduction in Major Source Threshold. Section 182(d) of the
Act defines ``major source'' for severe ozone nonattainment areas to
include any stationary source or group of sources located within a
contiguous area and under common control that emits, or has the
potential to emit, at least 25 tons of VOC per year. This establishes a
maximum source size cutoff for the application of RACT rules (the State
has adopted RACT rules with much smaller source size cutoffs for most
applicable source categories) for severe ozone nonattainment areas,
such as the Chicago area.
On January 6, 1994, the Illinois Pollution Control Board (IPCB)
adopted modified source size cutoffs of 25 tons per year, potential to
emit, for flexographic/rotogravure printing operations, petroleum
solvent dry cleaners, and non-Control Technology Guideline (non-CTG)
sources in the Chicago ozone nonattainment area. Other source
categories regulated in the Chicago area are covered by category-
specific source size applicability cutoffs well below the 25 ton VOC
per year specified in section 182(d) of the Act. EPA approved this
regulation on October 21, 1996 (61 FR 54556). The State's emission
reduction estimates for this rule are adequately documented and
acceptable.
[[Page 37502]]
c. Post-1990 CTG Rules. Section 182(b)(2)(A) of the Act requires
States with moderate and above ozone nonattainment areas to adopt RACT
rules covering post-1990 CTG source categories. Illinois claimed
emission reduction credit for many of the State rules adopted to meet
the section 182(b)(2)(A) requirement. The following briefly discusses
these rules and claimed emission reduction credit taken by the State:
i. SOCMI Batch Processes
Illinois' SOCMI batch process rule controls VOC emissions from
batch chemical processes found in the following industries: plastic
materials and resin manufacturing; cyclic crudes and intermediates
manufacturing and processing; industrial organic chemical
manufacturing; pharmaceuticals manufacturing; gum and wood chemicals
manufacturing; and agricultural chemicals manufacturing. This rule was
derived from an EPA draft CTG dated December 29, 1993, and an EPA
Alternative Control Techniques (ACT) completed in February 1994. The
rule was approved by EPA on April 2, 1996 (61 FR 14484). The IEPA used
RACT flow rate equations from the draft CTG for the development of the
control specifications of SOCMI batch processes. Emissions must be
controlled using condensers, absorbers, adsorbers, thermal destruction
systems, flares, thermal incinerators, or catalytic incinerators. In
determining the applicability of the control requirements of the rule,
owners or operators must determine the actual average flow rates for
vent streams. If the actual average vent stream flow rate (standard
cubic feet per minute) is below the applicability flow rate value
calculated using the RACT flow rate equations (specific to volatility),
the VOC from a process vent must be controlled with a reduction
efficiency of 90 percent (or down to a VOC concentration of no more
than 20 parts per million volume). Sources are exempted from emission
controls if the annual VOC emissions are less than 500 pounds for
individual batch operations or less than 30,000 pounds for a batch
process train. The owner or operator must keep records of average flow
rates during testing periods and annual VOC mass emission rates.
Compliance with this rule is required by March 15, 1996.
The IEPA has determined there are 15 affected facilities in the
Chicago ozone nonattainment area and 3 affected facilities in the
Metro-East St. Louis ozone nonattainment area. The EPA accepts the
emission reductions claimed for these facilities.
It should be noted that the State, during discussions with the EPA,
has raised the point that a significant additional VOC emission
reduction may be claimed for this source category. In the earlier
submittals, the State indicated a significant emission reduction of
9.39 tons per day for an alcohol stripper unit at the Stepan Company's
Millsdale facility (Chicago ozone nonattainment area) (permit/source
number 78030038087). The State and EPA are working with the affected
company to determine the exact timing of the emission reduction. If it
is ultimately determined that the emission reduction occurred after
1990, the State will seek the correction of the ROP plan to credit this
emission reduction in the post-1996 ROP plans.
ii. IWTF
The State is claiming emission reduction from the NESHAP for this
source category, 40 CFR part 63, subpart G, promulgated April 22, 1994
(59 FR 19468). The State's emission reduction estimates for this rule
are adequately documented and acceptable. It should be noted, however,
that the IEPA is still expected to develop a State rule for this source
category to implement RACT. If a RACT level rule is adopted and
implemented in the near future, the State may claim additional emission
reduction credits for this source category in the post-1996 ROP plans.
iii. VOL Storage
On November 30, 1994, the IEPA submitted an adopted rule and
supporting information for the control of VOC emissions at VOL storage
operations in the Chicago and Metro-East St. Louis ozone nonattainment
areas. The EPA approved this rule on August 8, 1996 (61 FR 41339).
The VOL storage emission control requirements apply to facilities
storing VOLs with vapor pressures of 0.75 pounds per square inch
absolute (psia) or greater (facilities storing VOLs with vapor
pressures equal to or exceeding 0.5 psia must keep records of VOLs
stored including VOL vapor pressures) in any storage tank of 40,000
gallons capacity or greater. The rule does not apply to vessels storing
petroleum liquids, which are covered under other rules.
For fixed roof tanks, the VOL storage rule requires the
installation of internal floating roofs with foam or liquid-filled
seals and secondary seals to close the gap between the tank's inner
wall and the floating roof. These controls must be implemented by March
15, 1996.
External floating roof tanks must be equipped with primary and
secondary seals before March 15, 2004, or at the time of the next tank
cleaning, whichever comes first.
For internal floating roof tanks, the internal floating roofs must
be equipped with primary and secondary seals before March 15, 2004, or
at the time of the next tank cleaning, whichever comes first.
Sources may also use closed vent systems and emission control
devices provided the emission control systems are operated with no
detectable emissions or monitored VOC concentrations above 500 parts
per million above background levels. Control devices must be operated
to reduce VOC emissions by at least 95 percent. Storage vessels of
40,000 gallons or greater storage capacity that store VOLs with a
maximum true vapor pressure equal to or greater than 11.1 psia must be
equipped with a closed vent system and emission control device with
emission control efficiency equal to or greater than 95 percent.
Recognizing that only fixed roof tanks would be required to
implement emission controls by the end of 1996, the IEPA claimed
emission reductions for only these types of tanks. The emission
reduction estimates are adequately documented and acceptable.
iv. Plastic Parts Coating
On May 5, 1995, the IEPA submitted an adopted rule for the control
of VOC emissions from automotive/transportation and business machine
plastic parts coating operations in the Chicago and Metro-East St.
Louis ozone nonattainment areas (no applicable sources exist in the
Metro-East St. Louis area). The EPA approved this rule on October 25,
1995 (60 FR 54807).
The rule specifies the VOC content limits for various types of
coating distinguishing between coating of automotive/transportation
plastic parts and business machine plastic parts (see 60 FR 54808).
Sources may also choose to use add-on control devices which achieve
equivalent emission reductions. Compliance with this rule must be met
by March 15, 1996. The emission reductions claimed for this source
category are adequately documented and acceptable.
v. Lithographic Printing
Using EPA's September, 1993 draft CTG for this source category, the
IEPA developed a regulation establishing VOC content limits, emission
control requirements, and required work practices for this source
category. The State's rule includes limitations on the VOC content of
fountain solutions and cleaning solutions. The rule also
[[Page 37503]]
provides for the use of afterburners and other emission control devices
for heat set web offset lithographic printing operations. The rule
establishes recordkeeping, testing, and reporting requirements as well
as work-practice requirements, such as a requirement for the storage of
cleaning materials and spent cleaning solutions in air-tight
containers.
The rule is applicable to all lithographic printing lines at a
facility if the VOC emissions, in total, from the lithographic printing
lines exceed 45.5 kilograms per day or 100 pounds per day. The rule
also applies to facilities with heat set web offset printing lines if
the maximum theoretical emissions of VOC, in total, ever exceed 90.7
megagrams per year or 100 tons per year. Compliance with the rule is
required by March 15, 1996. The EPA approved this rule on November 8,
1995 (60 FR 56238).
The IEPA has determined that 113 facilities in the Chicago ozone
nonattainment area will be affected by the rule, with 49 facilities
likely to require new emission controls. Only one facility in the
Metro-East St. Louis area is expected be affected by the rule, with no
anticipated reduction in VOC emissions. Emission reduction credits for
the Chicago facilities were calculated using the emission reduction
factors for add-on controls, fountain solution reformulation or process
modification, and cleaning solution reformulation provided for model
plants in the September 1993 draft CTG. The emissions reduction credit
claimed is adequately documented and acceptable.
vi. Automobile Refinishing
The EPA, on the behalf of the IEPA, contracted with Midwest
Research Institute (MRI) to conduct a study of the motor vehicle
refinishing industry in the Chicago and Metro-East St. Louis ozone
nonattainment areas. This study included an estimate of the 1990 base
year emissions and the study report recommended emission control
strategies and possible resultant emission reductions. The study
concluded that approximately 1,463 refinishing shops are located in the
Chicago ozone nonattainment area, and 107 are located in the Metro-East
St. Louis ozone nonattainment area.
Based on the study, review of similar regulations developed by the
California Air Resources Board, and discussions with local automobile
refinishing representatives, the IEPA adopted the following coating VOC
content limits (pounds VOC per gallon of coating, minus water and
exempt compounds):
Pretreatment Wash Primer............................................6.5
Precoat.............................................................5.5
Primer/Primer Surfacer Coating......................................4.8
Primer Sealer.......................................................4.6
Topcoat System......................................................5.0
Basecoat/Clearcoat..................................................5.0
Three or Four Stage Topcoat
System............................................................5.2
Specialty Coatings..................................................7.0
Anti-Glare/Safety Coating...........................................7.0
In addition to these VOC content limits, the regulation also
establishes VOC content limits for surface preparation/cleaning
products (6.5 pounds VOC per gallon of plastic parts cleaning compounds
and 1.4 pounds of VOC per gallon of other surface cleaning/preparation
products). The rule also requires the use of gun cleaners designed to
minimize solvent evaporation during the cleaning, rinsing, and draining
operations with recirculation of solvent during the cleaning operation
and collection of spent solvent. Spent and fresh solvent must be stored
in closed containers. Coating application must be done using High
Volume, Low Pressure guns or electrostatic application systems. As an
alternative to the VOC content limits, a facility may use add-on
control systems, such as incinerators or carbon adsorbers, which would
reduce VOC emissions by at least 90 percent. Facilities that use less
than 20 gallons of coatings per year total are exempted from the
coating application and gun cleaner equipment requirements.
Refinishing facilities are required to keep monthly records of
coating purchases and the VOC contents of these coatings. Facilities
are also required to use coatings in accordance with the coating
manufacturer's specifications. Compliance with the rule must be met by
March 15, 1996. The EPA approved the rule on July 25, 1996 (61 FR
38577). The emission reduction estimates for this rule are adequately
documented and acceptable.
d. Coke Oven NESHAP. The coke oven NESHAP, 40 CFR part 63, subpart
L, promulgated on October 27, 1993 (58 FR 57911), control emissions
from coke oven doors, off-takes, lids, and charging. The emission
control requirements of the rule must be met by the end of 1995. The
emission reduction estimates are adequately documented and acceptable.
e. Hazardous Organic NESHAP--SOCMI. The SOCMI NESHAP, 40 CFR part
63, subpart F, promulgated April 22, 1994, (59 FR 19454) affects
processes which produce one or more of the 396 designated SOCMI
chemicals using one or more designated HAPs as a reactant or producing
HAPs as a byproduct or co-product. Under EPA policy memorandum,
``Credit Toward the 15 Percent Rate-Of-Progress Reductions from Federal
Measures,'' May 6, 1993, 5 percent emission reduction from 1990 base
line levels can be claimed from this rule. The State's emission
reduction estimates are acceptable.
f. TSDF RACT (RCRA) Phase I and II. Under RCRA, EPA is taking
action to control VOC emissions in three phases. Phase I regulations
were promulgated by the EPA in June 1990 and became effective in
December 1990. Phase II regulations were promulgated on December 6,
1994. The effective date for the Phase II regulations were suspended
until December 6, 1996 (See 61 FR 59932, November 25, 1996). The Phase
II compliance date is December 8, 1997. Although final compliance with
the Phase II regulation will occur after November 15, 1996, States can
take emission reduction credit for Phase II TSDF regulations toward the
15 percent ROP plan pursuant to EPA policy memorandum, ``Credit Toward
the 15 Percent Rate-Of-Progress Reductions from Federal Measures,'' May
6, 1993. Illinois' emission reduction estimates for these federal rules
are acceptable.
g. Marine Vessel Loading Controls. The State's rule requires a 95
percent reduction in VOC emissions resulting from the loading of
gasoline and crude oil into marine vessels at all marine terminals in
the Chicago and Metro-East St. Louis ozone nonattainment areas which
load gasoline or crude oil into tank ships and barges. The rule applies
between May 1 and September 30 each year beginning in 1996, and
requires that vessel cargo compartments be closed to the atmosphere
during loading using: (1) Devices to protect tanks from
underpressurization and overpressurization; (2) level-monitoring and
alarm systems designed to prevent overfilling; and (3) devices for
cargo gauging and sampling. VOC capture must be achieved with either
(1) a vacuum-assisted vapor collection system, or (2) certification of
vessel vapor-tightness. Piping used in the transfer of gasoline or
crude oil must be maintained and operated to prevent visible liquid
leaks, significant odors, and visible fumes. Owners and operators must
use leak inspection procedures similar to those used at petroleum
refineries.
Based on IEPA's records, there are five affected facilities in the
Chicago ozone nonattainment area and six affected facilities in the
Metro-East St. Louis ozone nonattainment area. To calculate VOC
emission reduction for this source category, the IEPA assumed that
vapor recovery and emissions control systems can reduce VOC
[[Page 37504]]
emissions by 90 percent. The rule was adopted on October 20, 1994, and
was approved by the EPA on April 3, 1995 (60 FR 16801). The emission
reduction credits claimed are adequately documented and acceptable.
h. Tightening of RACT Standards and Cutoffs. Based on an April
1993, Science Applications International Corporation (SAIC) report
titled, ``Technical Document for Reasonably Available Control
Technology for Illinois to Assist in Achieving 15 Percent Reduction in
Ozone Nonattainment Areas,'' the IEPA determined that the VOC content
limits for coatings could be lowered for the following source
categories:
a. Automobile/Truck Coating
b. Paper Coating
c. Fabric Coating
d. Metal Furniture Coating
e. Flexographic/Rotogravure Printing
f. Miscellaneous Surface Coating
g. Can Coating
h. Metal Coil Coating
I. Vinyl Coating
j. Miscellaneous Metal Coating
k. Large Appliance Coating.
After further consideration, the IEPA determined that no additional
tightening of existing coating VOC content limits could be justified at
this time for automobile/truck coating and flexographic/rotogravure
printing.
The State's tightened RACT coating limits are similar to those used
in the South Coast Air Quality Management District of California. The
tightened limits were adopted by the Illinois Pollution Control Board
on April 20, 1995, and were approved by EPA on February 13, 1996 (61 FR
5511). The tightened SOCMI air oxidation requirements were adopted on
October 20, 1994, and were approved by EPA on September 27, 1995 (60 FR
49770). The 15 percent ROP documentation indicates that by November 15,
1996, an estimated 8.00 tons VOC/day emission reduction has occurred
from sources covered under the tightened RACT coating limit rule, and
4.05 tons VOC/day emission reduction has occurred from sources covered
under the tightened SOCMI air oxidation rule. The emission reductions
claimed are acceptable.
i. Plant Shut-downs. Facilities or plant units which have been
shut-down since 1990 were identified through: (1) Facility responses to
permit renewals; (2) responses to Annual Emission Report (AER)
requests; (3) direct field inspections; and (4) requests from the
facilities themselves to have their source permits withdrawn due to
shut-down. Facility closings and emission reductions were verified
through review of Emission Inventory System (EIS) records, permit file
data, and field reports.
To further support the estimated emission reductions, the IEPA has
provided the EPA with a list of closed facilities. The IEPA maintains a
plant shut-down file which documents the methods of verification.
The shut-down credits were calculated using 1990 emissions
projected to 1996 using the Emissions Growth Assessment System (EGAS)
growth factors for specific source units. The projected 1996 emissions
were used because these emissions had already been built into the
projected 1996 emissions used to calculate the emission targets under
the ROP plans.
Emission reductions from the plant shut-downs are made permanent
through the closing of source permits and, therefore, are acceptable.
The source permits for these facilities will not be reissued by the
IEPA. If these sources wish to restart, they will have to go through
new source review and will be controlled through new source emission
control requirements.
j. Improved Rule Effectiveness. Illinois' Title V program, the
CAAPP, covers most source facilities in the two ozone nonattainment
areas. The IEPA submitted the CAAPP to the EPA in November 1993, and
the EPA gave the program interim approval on March 7, 1995 (60 FR
12478). The program became effective in 1996.
A primary emphasis of the CAAPP is rigorous recordkeeping,
reporting, and monitoring. The CAAPP regulations include recordkeeping,
reporting, and monitoring requirements not covered under existing
regulations or emphasizes existing regulations for such requirements.
Sources must submit progress reports to the IEPA at a minimum of every
6 months and the permittees must certify no less frequently than
annually that the facilities are in compliance with the permit
requirements. Source owners or operators must also promptly report any
deviances from permit conditions to the IEPA. The CAAPP requirements
contain significant civil and criminal penalties for source owners or
operators failing to comply with the permit requirements, including the
recordkeeping, reporting, and monitoring requirements.
The IEPA used EPA's rule effectiveness evaluation questionnaire,
and, based on the requirements of the CAAPP regulations, determined
that the CAAPP requirements should lead to a rule effectiveness of 95
percent for all source facilities covered by the CAAPP. The IEPA
determined the VOC emission reduction credit for this rule
effectiveness improvement by considering the ``current'' rule
effectiveness for each facility or source category used to develop the
1990 base year emissions inventory (80 percent for most facilities,
with some facilities starting at 92 percent based on prior study
results). The IEPA documented the rule effectiveness improvement
findings in a report titled ``Impact of CAAPP on Inventory RE.''
In comments on a draft version of the ROP plan, the EPA indicated
to the IEPA that recent changes in Title V requirements and guidelines
to allow more source flexibility could jeopardize the anticipated
improvement in rule effectiveness, particularly since some of the
changes in EPA policy could relax compliance monitoring (the increased
flexibility would allow sources to switch from enhanced monitoring
procedures to less stringent compliance assurance monitoring
procedures). The IEPA, however, views this increased source flexibility
as having minimal impact on the rule effectiveness to be obtained from
the CAAPP. It is pointed out that the EPA engineers who are technically
supporting the compliance assurance monitoring procedures in EPA's
revised Title V policy agree with a rule effectiveness estimate of 95
percent. The EPA agrees with this view and accepts the estimated
emission reduction claimed.
k. HAP Early Reduction Program. This program, promulgated on
November 21, 1994 (59 FR 59924), allows an existing source subject to
an applicable section 112(d) standard to be granted a 6-year compliance
extension upon commitment by the owner or operator of the source that
the source has achieved a reduction of 90 percent or more of HAP by
1994. Emission reductions are determined by comparing the post-control
emissions with verifiable and actual emissions in a base year not
earlier than 1987, except that 1985 or 1986 may be used as a base year
if the emissions data are based on information received before November
15, 1990. In the Metro-East St. Louis nonattainment area, only one
applicable facility has committed to the early reduction program. Under
the program, such commitments are federally enforceable. The reduction
in VOC from this facility due to the program, therefore, is creditable.
3. Area Sources
a. Stage II Vapor Recovery. On August 13, 1992, Illinois adopted
Stage II vapor recovery rules, which require the return of gasoline
vapors to underground storage tanks during automobile refueling. Full
phase-in of the
[[Page 37505]]
requirements occurred on November 1, 1994. EPA approved these rules on
January 12, 1993 (58 FR 3841).
The IEPA has monitored the effectiveness of the Stage II
regulations and the status of service station compliance. The Stage II
controls have been established at most service stations in the Chicago
nonattainment area and have been certified to reduce VOC emissions by
at least 95 percent. The emission reduction estimates derived from this
observation are acceptable.
b. Architectural Surface Coating. EPA is in the process of adopting
a national rule applicable to manufacturers of AIM coatings. EPA
proposed this rule on June 25, 1996 (61 FR 32729). Based on EPA policy
memoranda, the State has assumed that an emission reduction credit of
20 percent could be taken for this source category. Even though the
final rule has not been promulgated, and the compliance with the rule
is not expected until 1998, the EPA is allowing States to take credit
for 20 percent emission reduction credit for this source category,
relative to 1990 emission levels. See ``Credit for the 15 Percent Rate-
Of-Progress Plans for Reductions from the AIM Coating Rule,'' March 22,
1995, and ``Update on the Credit for the 15 Percent Rate-Of-Progress
Plans for Reductions from the Architectural and Industrial Maintenance
Coatings Rule,'' March 7, 1996. The State has calculated emission
reductions for architectural coatings separate from the traffic marking
and maintenance coating provisions of the AIM rule. The State's
emission reduction estimates for architectural coatings are acceptable.
c. Traffic Marking and Maintenance Coating. The State has chosen to
rely on the Federal AIM rule (now expected to be implemented in 1998)
for emission reductions in this source category. Although EPA policy
memoranda,''Credit for the 15 Percent Rate-Of-Progress Plans for
Reductions from the Architectural and Industrial Maintenance Coating
Rule,'' March 22, 1995, and ``Update on the Credit for the 15 Percent
Rate-Of-Progress Plans for Reductions from the Architectural and
Industrial Maintenance Coatings Rule,'' March 7, 1996, indicated that
the State can assume a 20 percent emission reduction for this source
category, the State notes that a more appropriate method for
determining the emission reduction for traffic marking and maintenance
coatings would involve consideration of the VOC content limit (150
grams VOC/liter coating) proposed in EPA's draft AIM rule. Data
supplied by the Illinois Department of Transportation indicates that
the median VOC content in traffic/maintenance coatings in the State of
Illinois in 1990 was 413 grams/liter coating (this median VOC content
level is assumed to apply to both ozone nonattainment areas in the
State). Comparing the proposed limit to this median VOC content level
indicates that a 63.7 percent reduction in VOC emissions would occur if
the proposed VOC content limit were attained. This leads to VOC
reduction estimates of 3.73 TPD for the Chicago area and 0.62 TPD for
the Metro-East St. Louis area. These estimates are acceptable.
d. Underground Gasoline Storage Tank Breathing Controls. The State
rule, adopted by the State on September 15, 1994, requires the
installation of Pressure/Vacuum relief-control valves (P/V valves) on
gasoline storage tank vents by March 15, 1995. The P/V valves must
remain closed against tank pressures of at least 3.5 inches water
column and tank vacuums of at least 6 inches water column. Gasoline
storage tank owners must maintain records of malfunctions and repairs
and must register installation of the P/V valves with the IEPA prior to
March 15, 1995. The P/V valves must be tested annually and the owners
must keep records of the tests. EPA approved this rule on March 23,
1995 (60 FR 15233).
The IEPA estimates that this rule will reduce gasoline breathing
emissions by 90 percent. This emission reduction estimate is acceptable
as are the emission reduction credits claimed for the Chicago and
Metro-East St. Louis areas.
e. Consumer and Commercial Solvents. The March 23, 1995 Federal
Register contained EPA's list of affected product categories and
schedule for regulation of consumer and commercial solvent contents as
required by section 183(e) of the Act. The EPA intends to regulate the
solvent contents in 24 product categories. The Federal Register action
states that the EPA expects the regulation to achieve a 25 percent
reduction in VOC emissions from the regulated product categories. This
regulation was scheduled to be promulgated in 1996. Under EPA policy
memorandum ``Regulatory Schedule for Consumer and Commercial Products
under Section 183(e) of the Clean Air Act,'' June 22, 1995, EPA will
grant an emission reduction credit for this source category even though
emission reductions are not expected to occur until after 1996.
The IEPA cites an EPA study which states that the best estimate of
VOC emissions for consumer and commercial products is 8.03 pounds per
person per year. The study further states that the Federal regulation
of consumer and commercial product solvents is expected to reduce these
emissions by 1 pound per person per year. Using the 1996 projected
populations and the ratio of 6.3 pounds VOC per person per year used
for this source category in the 1990 base year emissions inventory to
the 8.03 pounds per person per year specified in the EPA study, the
IEPA has determined that the Federal rule gives an 8.10 tons VOC per
day reduction in the Chicago ozone nonattainment area and a 0.58 tons
VOC per day reduction in the Metro-East St. Louis ozone nonattainment
area. The emission reduction credits are acceptable.
III. EPA Rulemaking Action
The EPA is approving, through direct final rulemaking action,
Illinois' 15 percent ROP and 3 percent contingency plan SIP revisions
for the Chicago and Metro-East St. Louis ozone nonattainment areas, and
the Metro-East St. Louis TCM work trip reductions; transit
improvements; and traffic flow improvements.
The EPA is publishing this action without prior proposal because
EPA views this as a noncontroversial revision and anticipates no
adverse written comments. However, in a separate document in this
Federal Register publication, the EPA is proposing to approve the SIP
revision should adverse or critical written comments be filed. This
action will be effective on September 12, 1997 unless, by August 13,
1997, adverse or critical written comments on the approval are
received.
If the EPA receives adverse written comments, the approval will be
withdrawn before the effective date by publishing a subsequent
rulemaking that will withdraw the final action. All public written
comments received will be addressed in a subsequent final rule based on
this action serving as a proposed rule. The EPA will not institute a
second comment period on this action. Any parties interested in
commenting on this action should do so at this time. If the effective
date is delayed, timely notice will be published in the Federal
Register.
Nothing in this action should be construed as permitting, allowing
or establishing a precedent for any future request for revision to any
SIP. Each request for revision to the SIP shall be considered
separately in light of specific technical, economic, and environmental
factors and in relation to relevant statutory and regulatory
requirements.
[[Page 37506]]
IV. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget has exempted this regulatory
action from Executive Order 12866 review.
B. Regulatory Flexibility
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. sections 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 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, the Administrator
certifies 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 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 (1976); 42 U.S.C. 7410(a)(2).
C. Unfunded Mandates
Under Section 202 of the Unfunded Mandates Reform Act of 1995,
signed into law on March 22, 1995, EPA must undertake various actions
in association with any proposed or final rule that includes a Federal
mandate that may result in estimated costs to state, local, or tribal
governments in the aggregate; or to the private sector, of $100 million
or more. This Federal action approves pre-existing requirements under
state or local law, and imposes no new requirements. Accordingly, no
additional costs to state, local, or tribal governments, or the private
sector, result from this action.
D. Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) as added 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 5 U.S.C.
804(2).
E. Petitions for Judicial Review
Under section 307(b)(1) of the Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 12, 1997. 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, Hydrocarbons,
Intergovernmental relations, Ozone.
Dated: July 2, 1997.
Jerri-Anne Garl,
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 52.726 is amended by adding paragraphs (p), (q) and (r)
to read as follows:
Sec. 52.726 Control strategy: Ozone.
* * * * *
(p) On November 15, 1993, Illinois submitted 15 percent rate-of-
progress and 3 percent contingency plans for the Chicago ozone
nonattainment area as a requested revision to the Illinois State
Implementation Plan. These plans satisfy sections 182(b)(1), 172(c)(9),
and 182(c)(9) of the Clean Air Act, as amended in 1990.
(q) Approval--On November 15, 1993, Illinois submitted 15 percent
rate-of-progress and 3 percent contingency plans for the Metro-East St.
Louis ozone nonattainment area as a requested revision to the Illinois
State Implementation Plan. These plans satisfy sections 182(b)(1) and
172(c)(9) of the Clean Air Act, as amended in 1990.
(r) Approval--On November 15, 1993, Illinois submitted the
following transportation control measures as part of the 15 percent
rate-of-progress and 3 percent contingency plans for the Metro-East
ozone nonattainment area: work trip reductions; transit improvements;
and traffic flow improvements.
[FR Doc. 97-18403 Filed 7-11-97; 8:45 am]
BILLING CODE 6560-50-P