[Federal Register Volume 63, Number 96 (Tuesday, May 19, 1998)]
[Rules and Regulations]
[Pages 27489-27492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13299]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IL169-1a; FRL-6012-7]


Approval and Promulgation of Implementation Plan; Illinois

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On March 6, 1998, the State of Illinois submitted to EPA 
amended rules for controlling Volatile Organic Material (VOM) emissions 
from wood furniture coating operations in the Chicago and Metro-East 
(East St. Louis) ozone nonattainment areas, as a requested revision to 
the ozone State Implementation Plan (SIP). VOM, as defined by the State 
of Illinois, is identical to ``Volatile Organic Compounds'' (VOC), as 
defined by EPA. VOC is an air pollutant which combines with nitrogen 
oxides in the atmosphere to form ground-level ozone, commonly known as 
smog. Ozone pollution is of particular concern because of its harmful 
effects upon lung tissue and breathing passages. This plan was 
submitted to meet the Clean Air Act (Act) requirement for States to 
adopt Reasonably Available Control Technology (RACT) rules for sources 
that are covered by Control Techniques Guideline (CTG) documents. This 
rulemaking action approves, through direct final, the Illinois SIP 
revision request.

DATES: The ``direct final'' rule is effective on July 20, 1998, unless 
EPA receives adverse or critical written comments by June 18, 1998. If 
adverse comment is received, EPA will publish a timely withdrawal of 
the rule in the Federal Register informing the public that the rule 
will not take effect.

ADDRESSES: Copies of the revision request and EPA's Technical Support 
Document (TSD) for this rulemaking action are available for inspection 
at the following address: U.S. Environmental Protection Agency, Region 
5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, 
Illinois 60604. (It is recommended that you telephone Mark J. Palermo 
at (312) 886-6082 before visiting the Region 5 Office.)
    Written comments should be sent to: J. Elmer Bortzer, Chief, 
Regulation Development Section, 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(b)(2) of the Act requires all moderate and above ozone 
nonattainment areas to adopt RACT rules for sources covered by CTG 
documents.\1\ In Illinois, the Chicago area (Cook, DuPage, Kane, Lake, 
McHenry, Will Counties and Aux Sable and Goose Lake Townships in Grundy 
County and Oswego Township in Kendall County) is classified as 
``severe'' nonattainment for ozone, and the Metro-East area (Madison, 
Monroe, and St. Clair Counties) is classified as ``moderate'' 
nonattainment. See 40 CFR 81.314.
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    \1\ A definition of RACT is cited in a General Preamble-
Supplement published at 44 FR 53761 (September 17, 1979). RACT is 
defined as the lowest emission limitation that a particular source 
is capable of meeting by the application of control technology that 
is reasonably available, considering technological and economic 
feasibility. CTGs are documents published by EPA which contain 
information on available air pollution control techniques and 
provide recommendations on what the EPA considers the ``presumptive 
norm'' for RACT.
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    On September 9, 1994, EPA approved and incorporated into the SIP a 
1993

[[Page 27490]]

version of VOM control rules for wood furniture coating operations in 
the Chicago and Metro-East ozone nonattainment areas (59 FR 46562). On 
October 26, 1995, EPA approved a revision to these rules' source size 
applicability threshold from 100 tons or more of VOM per year Maximum 
Theoretical Emissions (MTE) to 25 tons of VOM or more per year 
Potential To Emit (PTE) (60 FR 54810). On May 20, 1996, EPA issued a 
CTG document providing the recommended presumptive norm for RACT for 
wood furniture coating operations. The CTG was produced as the result 
of a regulatory negotiation between representatives from industry, 
environmental groups, and State and local agencies. On May 27, 1997, 
the Illinois Environmental Protection Agency (IEPA) filed a proposal 
with the Illinois Pollution Control Board (Board) to revise its 
existing wood furniture coating rules to become consistent with the CTG 
requirements.
    IEPA held public hearings on the wood furniture coating rule 
amendments on August 5, 1997, in Edwardsville, Illinois, and August 13, 
1997, in Chicago, Illinois. On January 22, 1998, the Board adopted the 
proposed amendments in a Final Opinion and Order. On February 13, 1998, 
the amended rules were published in the Illinois Register. The 
effective date of the rules is February 2, 1998. On March 5, 1998, the 
rules were submitted as a requested revision to the SIP for ozone. On 
March 25, 1998, EPA sent a finding of completeness of the submittal.
    The submittal includes the following new or revised rules.

Part 211: Definitions and General Provisions

Subpart B: Definitions
211.1467  Continuous Coater
211.1520  Conventional Air Spray
211.6420  Strippable Spray Booth Coating
211.7200  Washoff Operations

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

Subpart F: Coating Operations
218.204  Emission Limitations
218.205  Daily-weighted Average Limitations
218.210  Compliance Schedule
218.211  Recordkeeping and Reporting
218.215  Wood Furniture Coating Averaging Approach
218.216  Wood Furniture Coating Add-On Control Use
218.217  Wood Furniture Coating Work Practice Standards

Part 219: Organic Material Emission Standards and Limitations for 
the Metro East Area

Subpart F: Coating Operations
219.204  Emission Limitations
219.205  Daily-weighted Average Limitations
219.210  Compliance Schedule
219.211  Recordkeeping and Reporting
219.215  Wood Furniture Coating Averaging Approach
219.216  Wood Furniture Coating Add-On Control Use
219.217  Wood Furniture Coating Work Practice Standards
    The 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.

II. Analysis of State Submittal

    EPA has reviewed the March 6, 1998, submittal for consistency with 
the wood furniture CTG's model rule to determine whether the rules meet 
RACT and are enforceable. The following is a summary of the SIP 
revision and EPA's analysis of the rules. For the complete requirements 
of this SIP revision, interested parties should refer to the State 
regulations. For more details on EPA's analysis, EPA's TSD for this 
rulemaking can be obtained from the Region 5 office listed above.

Applicability and Compliance Date

    Illinois wood furniture coating rules apply to sources (1) with 
wood furniture coating operations and (2) that have a potential to emit 
25 tons of VOM or more per year, which is consistent with the CTG's 
model rule. The compliance date to meet the new requirements in the 
State's wood furniture coating rules is March 15, 1998.

Emission Limitations

    The rules have been amended to modify the value and the units of 
measure of the VOM content limitations for wood furniture coating 
topcoats and sealers. These new emission limitations, added at section 
218/219.204(l)(2), are as follows:

------------------------------------------------------------------------
                                                 Kilograms   Pounds (lb)
                    Coating                     (kg) VOM/kg     VOM/lb  
                                                   solids       solids  
------------------------------------------------------------------------
Topcoat.......................................          0.8          0.8
Non-acid-cured alkyd amino vinyl sealer.......          1.9          1.9
Non-acid-cured alkyd amino conversion varnish.          1.8          1.8
Acid-cured alkyd amino vinyl sealer...........          2.3          2.3
Acid-cured alkyd amino conversion varnish.....          2.0          2.0
------------------------------------------------------------------------

    Alternatively, sources can comply with the topcoat and sealer 
requirements through an averaging program or through an add-on control 
device. Sources using an averaging approach must demonstrate that 
emissions from participating coating lines, on a daily basis, are no 
greater than 90 percent of what they would be if compliant coatings 
were being used. For sources opting to use an add-on control device, 
sources must demonstrate that the overall capture and control 
efficiency of the control devices secures emission reductions 
equivalent to compliance with the coating VOM content limits. Sections 
218/219.215 and 218/219.216 provide the necessary equations to 
determine compliance with the averaging or add-on control approach. 
These equations are based upon similar provisions found under the CTG's 
model rule.
    The rules as amended retain emission limitations for other 
categories of wood furniture coatings that were incorporated into the 
SIP on September 9, 1994, including opaque stain, non-topcoat pigmented 
coating, repair coating, semi-transparent stain, and wash coat (59 FR 
46562). These limitations remain in place under sections 218/
219.204(l)(3) so as to avoid emissions backsliding.
    Besides the revised topcoat and sealer emission limitations, the 
Illinois rules have been amended to add VOM control requirements for 
sources using either wood furniture coating spray booths or continuous 
coaters. Affected sources using spray booths shall not use strippable 
spray coating containing more than 0.8 kg VOM/kg solids (0.8 lb VOM/lb 
solids), as applied. For affected sources using continuous coaters to 
apply topcoats and sealers, the reservoir used for the continuous 
coaters shall use an initial coating which complies with the VOM 
content limits listed in the table above, and the viscosity of the 
coating in each reservoir shall always be greater than or equal to the 
viscosity of the initial coating in the reservoir. The viscosity of the 
reservoir shall be monitored in accordance with requirements provided 
in the rules. These control requirements are consistent with the CTG 
model rule.

[[Page 27491]]

Work Practices

    Illinois' amended rules also include new or revised work practice 
standards dealing with coating application and cleaning methods. Under 
the previous rule requirements, affected sources could only use the 
following methods to apply coatings: airless spray application system, 
electrostatic bell or disc application system, heated airless spray 
application system, roller coating, brush or wipe coating application 
system, dip coating application system, or high volume low pressure 
application system. To become consistent with the CTG, the rules are 
now modified to generally prohibit the use of conventional air spray 
application, defined as a method in which coating is atomized by mixing 
it with compressed air at an air pressure greater than 10 lb per square 
inch (gauge) at the point of atomization.
    Certain exemptions are allowed, however, when applying repair coats 
in certain circumstances, when applying coatings with a VOM content no 
greater than 1 kg VOM/kg solids (1 lb VOM/lb solids) as applied, when 
guns are aimed and triggered automatically, or when an add-on control 
device is used. These exemptions are also consistent with the CTG.
    As for cleaning requirements, affected sources shall not clean 
spray booth components compounds containing more than 8.0 percent, by 
weight, of VOM. The cleaning of conveyors, continuous coaters and their 
enclosures, and metal filters are exempt from this requirement. If a 
spray booth is being refurbished, then the affected source is allowed 
to use no more than 1.0 gallon of noncompliant organic solvent to 
prepare the spray booth prior to applying the spray booth coating. 
These requirements are consistent with the CTG.
    Other cleaning requirements added to the rules include the 
following: sources must use closed containers when storing or disposing 
coating, cleaning, and washoff materials; sources must also pump or 
drain all organic solvent used for line cleaning into closed 
containers; sources must collect all organic solvent used to clean 
spray guns in closed containers; and sources must control emissions 
from washoff operations by using closed tanks. These cleaning 
requirements are all consistent with the CTG.

Testing

    The Illinois wood furniture coating rules as amended retain the 
coating testing and add-on control device installation, operation, and 
monitoring requirements under sections 218/219.105. These sections were 
approved by EPA on September 9, 1994 (59 FR 46562), and are consistent 
with the CTG.

Certification, Recordkeeping, and Reporting

    To ensure compliance, certification, recordkeeping, and reporting 
requirements have been added to the rules. Wood furniture coating 
operations in the Chicago and Metro-East ozone nonattainment areas 
which are otherwise exempt because their PTE is less than 25 tons of 
VOM per year must certify their exemption with IEPA in accordance with 
section 218/219.211. Those sources covered under the wood furniture 
coating rules must certify compliance by March 15, 1998, upon initial 
start-up of a new coating line, or upon changing the method of 
compliance.
    Daily records must be kept for a period of three years to show 
compliance with the emission limitations, the averaging approach, or 
the add-on control requirements. Sources which must comply with the new 
topcoat and sealer requirements (either the individual limits, the 
averaging approach, or the add-on control requirements) must keep daily 
records of the weight of VOM per weight of solids in each coating as 
applied each day on each coating line, and keep the certified product 
data sheets for each coating used. To comply with the averaging 
approach under 218/219.215, an affected source must operate pursuant to 
federally enforceable state operating permit conditions containing a 
detailed description of the source's averaging program. What this 
description must include is specified under 218/219.215. In addition to 
daily coating records, sources using averaging must also keep daily 
records of the calculations showing compliance with either of the 
averaging equations provided under 218/219.215. For sources complying 
with add-on control requirements under 218/219.216, these sources must 
additionally keep control device monitoring data as well as operating 
and maintenance logs on a daily basis. Sources which need to comply 
with the spray booth or continuous coater requirements must also keep 
daily records as specified in the rules. Exceedances of the control 
requirements, or change of compliance method, must be reported to IEPA 
within 30 days. These requirements are generally consistent with the 
CTG and with EPA's VOC RACT policy.

Conclusion

    Based on review of the March 6, 1998, SIP submittal's comparison to 
the CTG model rule, the EPA finds the State's wood furniture coating 
rules constitute RACT and are enforceable. Therefore, the March 6, 1998 
submittal satisfies the requirement under section 182(b)(2) of the Act 
to adopt RACT level rules for wood furniture coating operations.

III. Final Rulemaking Action

    In this rulemaking action, EPA approves the March 6, 1998, Illinois 
SIP revision submittal, which will make the amended Illinois wood 
furniture coating rules federally enforceable. The EPA is publishing 
this action without prior proposal because EPA views this as a 
noncontroversial revision and anticipates no adverse comments. However, 
in a separate document in this Federal Register publication, the EPA is 
proposing to approve the SIP revision should specified adverse or 
critical written comments be filed. This action will become effective 
without further notice unless the Agency receives relevant adverse 
written comment on the parallel proposed rule (published in the 
proposed rules section of this Federal Register) by June 18, 1998. 
Should the Agency receive such comments, it will publish a final rule 
informing the public that this action did not take effect. Any parties 
interested in commenting on this action should do so at this time. If 
no such comments are received, the public is advised that this action 
will be effective on July 20, 1998.
    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 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

[[Page 27492]]

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 Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit 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 United States prior 
to publication of the rule in the 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 July 20, 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, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping.

    Dated: April 29, 1998.
Barry C. DeGraff,
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 et seq.

Subpart O--Illinois

    2. Section 52.720 is amended by adding paragraph (c)(140) to read 
as follows:


Sec. 52.720  Identification of plan.

* * * * *
    (c) * * *
    (140) On March 5, 1998, the State of Illinois submitted amended 
rules for the control of volatile organic material emissions from wood 
furniture coating operations in the Chicago and Metro-East (East St. 
Louis) ozone nonattainment areas, as a requested revision to the ozone 
State Implementation Plan. This plan was submitted to meet the Clean 
Air Act requirement for States to adopt Reasonably Available Control 
Technology rules for sources that are covered by Control Techniques 
Guideline documents.

(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, 211.1467 Continuous Coater, 211.1520 Conventional Air 
Spray, 211.6420 Strippable Spray Booth Coating, 211.7200 Washoff 
Operations, amended at 22 Ill. Reg. 3497, effective February 2, 1998.
    (B) Part 218: Organic Material Emission Standards and Limitations 
for the Chicago Area, Subpart F: Coating Operations 218.204 Emission 
Limitations, 218.205 Daily-weighted Average Limitations, 218.210 
Compliance Schedule, 218.211 Recordkeeping and Reporting, 218.215 Wood 
Furniture Coating Averaging Approach, 218.216 Wood Furniture Coating 
Add-On Control Use, 218.217 Wood Furniture Coating Work Practice 
Standards, amended at 22 Ill. Reg. 3556, effective February 2, 1998.
    (C) Part 219: Organic Material Emission Standards and Limitations 
for the Metro East Area, Subpart F: Coating Operations 219.204 Emission 
Limitations, 219.205 Daily-weighted Average Limitations, 219.210 
Compliance Schedule, 219.211 Recordkeeping and Reporting, 219.215 Wood 
Furniture Coating Averaging Approach, 219.216 Wood Furniture Coating 
Add-On Control Use, 219.217 Wood Furniture Coating Work Practice 
Standards, amended at 22 Ill. Reg. 3517, effective February 2, 1998.

[FR Doc. 98-13299 Filed 5-18-98; 8:45 am]
BILLING CODE 6560-50-P