[Federal Register Volume 62, Number 228 (Wednesday, November 26, 1997)]
[Rules and Regulations]
[Pages 62951-62953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31139]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IL162-1a; FRL-5926-6]
Approval and Promulgation of Implementation Plans; Illinois
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: On September 8, 1997, the State of Illinois submitted a State
Implementation Plan (SIP) revision request to the Environmental
Protection Agency (EPA) which tightens Volatile Organic Material (VOM)
regulations for cold cleaning degreasing operations in the Chicago and
Metro-East ozone nonattainment areas. 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. The State intends to
include the tightened cold cleaning degreasing regulations as part of
its 1999 and 2002 Rate-Of-Progress (ROP) Plans. Illinois expects that
the control measures specified in this SIP revision will reduce VOM
emissions by 11.35 tons per day (TPD) by 1999 in the Chicago area and
0.79 TPD by 1999 in the Metro-East area. This rulemaking action
approves, through direct final, the Illinois SIP revision request.
DATES: The ``direct final'' is effective on January 26, 1998, unless
EPA receives written adverse or critical comments by December 26, 1997.
If the effective date is delayed, timely notice will be published in
the Federal Register.
ADDRESSES: Copies of this 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, Environmental
Protection Specialist 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, Environmental
Protection Specialist, at (312) 886-6082.
SUPPLEMENTARY INFORMATION:
I. Background
Section 182(c)(2)(B) of the Clean Air Act (Act) requires any
serious and above ozone nonattainment area to achieve post-1996 ROP
reductions of 3 percent of VOC 1990 baseline emissions per year,
averaged over each consecutive 3 year period, until the area has
achieved attainment of the 1-hour ozone National Ambient Air Quality
Standard. 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 the 1-hour ozone standard. As such, the
Chicago nonattainment area is subject to the post-1996 ROP requirement.
The Act specifies under section 182(b)(1)(C) that emission
reductions claimed under ROP plans 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. Control measures implemented before November 15, 1990, are
precluded from counting toward ROP reduction.
Illinois has submitted tightened cold cleaning degreasing rules for
the control of VOC as a revision to the SIP for the purpose of meeting
post-1996 ROP requirements for the Chicago ozone nonattainment area.
These tightened rules also apply to the Metro-East moderate ozone
nonattainment area (Madison, Monroe, and St. Clair Counties), to help
the area reach attainment.
A public hearing on the tightened rules was held on March 4, 1997,
in Chicago, Illinois. The rules were adopted by the Illinois Pollution
Control Board on June 5, 1997. The rules
[[Page 62952]]
became effective on June 9, 1997; they were published in the Illinois
Register on June 20, 1997. The Illinois Environmental Protection Agency
(IEPA) formally submitted the rules to EPA on September 8, 1997, as a
revision to the Illinois SIP for ozone. EPA made a finding of
completeness in a letter dated October 9, 1997.
The September 8, 1997, submittal includes the following new or
revised rules:
Part 211: Definitions and General Provisions, Subpart B: Definitions,
Section 211.1885 Electronic Component.
Part 218: Organic Material Emission Standards and Limitations for the
Chicago Area, Subpart E: Solvent Cleaning, Section 218.182 Cold
Cleaning.
Part 219: Organic Material Emission Standards and Limitations for the
Metro-East St. Louis Area, Subpart E: Solvent Cleaning, Section 219.182
Cold Cleaning.
The cold cleaning rules 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 is as follows.
II. Evaluation of Rules
Cold cleaning degreasing rules were originally implemented by
Illinois as part of the State's Reasonably Available Control Technology
(RACT) requirements for VOC control The rules are codified under 35
Illinois Administrative Code sections 218/219.182, which was
incorporated into the SIP on September 9, 1994 (59 FR 46562). The
September 8, 1997, SIP revision submittal amends sections 218/219.182
to tighten requirements for operators of cold cleaning degreasers and
adds new requirements for sellers of solvent for use in cold cleaning
degreasing operations.
As previously discussed, this SIP revision submittal is required by
the Act to the extent that the rule was submitted to meet Illinois'
post-1996 ROP requirements. A review of what emission reduction this
SIP revision achieves for purposes of ROP will be addressed when
rulemaking action on Illinois post-1996 ROP plan is taken.
To determine whether the Illinois submittal meets the requirements
for an approvable SIP revision, the rules were reviewed for their
consistency with section 110 and part D of the Act. A discussion of the
rules and EPA's evaluation follows.
Material Requirements
Sections 218/219.182(c) have been added to limit the vapor pressure
of solvent used or sold for use in cold cleaning degreasing operations
in the Chicago and Metro-East ozone nonattainment area. Beginning March
15, 1999, the vapor pressure limit is 2.0 millimeters of mercury
(mmHg), or 0.038 pounds per square inch (psi) measured at 20 degrees
Celsius (C) (68 degrees Fahrenheit (F)). On March 15, 2001, the vapor
pressures limit is tightened to 1.0 mmHg (0.019 psi) measured at 20
degrees C (68 degrees F).
Exemptions
The supplier sales requirements under sections 218/219.182(c) do
not apply to the sale of solvents in units less than or equal to 5
gallons. This provision is intended to exclude cleaning solvents sold
at various stores specializing in auto products, including department
stores with auto supply sections. The State submittal documentation
indicates that due to the quantity of solvent used in commercial cold
cleaning operations, and the lower per gallon costs offered by larger
suppliers, facilities engaged in cold cleaning would not typically
purchase their solvents at such auto supply stores.
Sections 218/219.182(f) exempt the cleaning of electronic
components from the March 15, 1999, and March 15, 2001, vapor pressure
limits under section 218/219.182(c). Illinois has defined ``electronic
component'' under section 211.1885 as all portions of an electronic
assembly, including, but not limited to, circuit board assemblies,
printed wire assemblies, printed circuit boards, soldered joints,
ground wires, bus bars, and associated electronic component
manufacturing equipment such as screens and filters. The State
submittal documentation indicates that this exemption was added based
on concern that the 1.0 mmHg vapor pressure solvent would not
adequately clean certain types of electronic equipment.
Sections 218/219.182(g) also exempt from section 218/219.182(c) any
cold cleaning taking place in a Detrex cold batch degreaser Model # 2D-
CC-SPL Size 24-4-10, or substantial equivalent, including automated
loading of parts, totally enclosed operation (excluding loading or
unloading) and permitted by IEPA. The State submittal documentation
indicates that Detrex degreasers, and other substantially similar,
large-scale degreasing operations, are highly controlled and
specialized operations which provide emissions reductions that are
equivalent or more stringent than the vapor pressure limits required
under sections 218/219.182(c).
Compliance Testing
Sections 218/219.186 indicate that the test methods under sections
218/219.110 shall be used to determine vapor pressures to demonstrate
compliance with Illinois' cold cleaning degreasing regulations under
sections 218/219.182. These test method provisions were incorporated
into the SIP on September 9, 1994 (59 FR 46562).
Recordkeeping
Sections 218/219.182(d) and (e) require subject solvent suppliers
and users to maintain documents which indicate the solvent's vapor
pressure at the prescribed temperature. The marketers of cold cleaning
solvents to users must keep records indicating the name and address of
the solvent purchaser, the date of purchase, the type of solvent
purchased, the solvent unit quantity, the total volume purchased, and
the vapor pressure of the solvent purchased measured in mmHg at 20
degrees C (68 degrees F). Solvent users must maintain records for each
solvent purchase indicating the name and address of the solvent
supplier, the date of the solvent purchase, the type of solvent
purchased, and the vapor pressure of solvent measured in mmHg at 20
degrees C (68 degrees F). These records must be kept for three years.
III. EPA Rulemaking Action
The EPA is approving, through final rulemaking action, Illinois'
tightened cold cleaning degreasing rules for the Chicago and Metro-East
St. Louis ozone nonattainment areas.
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.
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. 603
[[Page 62953]]
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 January 26, 1998. 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, Ozone, Volatile
organic compounds, Incorporation by reference, Recordkeeping and
reporting.
Dated: November 7, 1997.
David A. Ullrich,
Acting Regional Administrator.
For the reasons stated in the preamble, part 52, chapter I, title
40 of the Code of Federal Regulations is amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart O--Illinois
2. Section 52.720 is amended by adding paragraph (c)(139) to read
as follows:
Sec. 52.720 Identification of plan.
* * * * *
(c) * * *
(139) On September 8, 1997, the State of Illinois submitted
tightened volatile organic material rules for cold cleaning degreasing
operations in the Chicago and the Metro-East ozone nonattainment areas.
(i) Incorporation by reference. Illinois Administrative Code, Title
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I:
Pollution Control Board, Subchapter c: Emissions Standards and
Limitations for Stationary Sources.
(A) Part 211: Definitions and General Provisions, Subpart B:
Definitions, Section 211.1885, amended at 21 Ill. 7695, effective June
9, 1997.
(B) Part 218: Organic Material Emission Standards and Limitations
for the Chicago Area, Subpart E: Solvent Cleaning, Section 218.182,
amended at 21 Ill. 7708, effective June 9, 1997.
(C) Part 219: Organic Material Emissions Standards and Limitations
for the Metro-East Area, Subpart E: Solvent Cleaning, Section 219.182,
amended at 21 Ill. 7721, effective June 9, 1997.
[FR Doc. 97-31139 Filed 11-25-97; 8:45 am]
BILLING CODE 6560-50-P