[Federal Register Volume 64, Number 10 (Friday, January 15, 1999)]
[Rules and Regulations]
[Pages 2581-2585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1018]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IL176-1a; FRL-6215-3]


Approval and Promulgation of Implementation Plan; Illinois

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: On September 16, 1998, the State of Illinois submitted to EPA 
amendments to Volatile Organic Material (VOM) rules affecting Illinois' 
ozone attainment area (the area of the State not including the Chicago 
and Metro-East 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. The amendments contain various deletions of obsolete 
provisions, changes of some word usage to comport with other Illinois 
VOM regulations, and the addition of certain exemptions from VOM 
coating requirements. This rulemaking action approves, using the direct 
final process, the Illinois SIP revision request.

DATES: This rule is effective on March 16, 1999, unless EPA receives 
adverse written comments by February 16, 1999. If adverse comment is 
received, EPA will publish a timely withdrawal of the rule in the 
Federal Register and inform the public that the rule will not take 
effect.

ADDRESSES: Written comments should be sent to: J. Elmer Bortzer, Chief,

[[Page 2582]]

Regulation Development Section, Air Programs Branch (AR-18J), U.S. 
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, 
Illinois 60604. Copies of the revision request 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.)

FOR FURTHER INFORMATION CONTACT: Mark J. Palermo, Environmental 
Protection Specialist, at (312) 886-6082.

SUPPLEMENTARY INFORMATION:

I. Background

    Illinois' SIP for ozone contains several regulations under 35 
Illinois Administrative Code (Ill.Adm.Code) 215, which require VOM 
controls for stationary sources located in Illinois' attainment area 
(the area of the State not including the Chicago and Metro-East ozone 
nonattainment areas).\1\ Part 215 originally contained VOM control 
rules applicable to sources within the entire State. However, as Clean 
Air Act (Act) requirements for VOM control became more stringent for 
ozone nonattainment areas, Illinois established Parts 218 and 219 to 
contain VOM regulations for the Chicago and Metro-East nonattainment 
areas, respectively. Part 215 remained by default to cover sources 
outside the nonattainment areas.
---------------------------------------------------------------------------

    \1\ The Chicago ozone nonattainment area includes Cook, DuPage, 
Kane, Lake, McHenry, and Will Counties and Aux Sable and Goose Lake 
Townships in Grundy County and Oswego Township in Kendall County. 
The Metro-East nonattainment area includes Madison, Monroe, and St. 
Clair Counties. See 40 CFR 81.314.
---------------------------------------------------------------------------

    On October 28, 1997, the Illinois Environmental Protection Agency 
(IEPA) filed proposed ``clean-up'' amendments to Part 215 with the 
Illinois Pollution Control Board (Board). The amendments contain 
various deletions of obsolete provisions, changes of some word usage to 
comport Part 215 with other Illinois VOM regulations, and the addition 
of certain exemptions from VOM coating requirements. Public hearings 
were held on December 18, 1997, in Chicago, Illinois and on December 
22, 1997, in Springfield, Illinois. An Economic Impact hearing was held 
on March 30, 1998, in Springfield, Illinois.
    On June 4, 1998, the Board adopted a Final Opinion and Order for 
the Part 215 clean-up amendments. On July 6, 1998, the amended rules 
were published in the Illinois Register. The specific sections of Part 
215 which have been amended are as follows:

Subpart A: General Provisions

215.104  Definitions
215.109  Monitoring for Negligibly-Reactive Compounds

Subpart F: Coating Operations

215.204  Emission Limitations for Manufacturing Plants
215.205  Alternative Emission Limitations
215.206  Exemptions from Emission Limitations
215.207  Compliance by Aggregation of Emissions Units
215.211  Compliance Dates and Geographical Areas
215.212  Compliance Plan
215.214  Roadmaster Emissions Limitations (Repealed)

Subpart Z: Dry Cleaners

215.601  Perchloroethylene Dry Cleaners (Repealed)
215.602  Exemptions (Repealed)
215.603  Leaks (Repealed)
215.604  Compliance Dates and Geographical areas (Repealed)
215.605  Compliance Plan (Repealed)
215.606  Exception to Compliance Plan (Repealed)

    The amendments to the Part 215 rules are summarized as follows.

Definitions

    Several definitions contained under Part 215 are identical to 
definitions contained in Part 211. Illinois has deleted these identical 
definitions from Part 215. Section 215.104 indicates that the 
definitions under Part 211 shall apply to Part 215. In addition, the 
definition of ``Reid Vapor Pressure'' under 215.104 is amended to 
include the correct abbreviation of pounds per square inch absolute.

Replacement of ``Source'' by ``Emission Unit''

    ``Emission unit'' has become the standard term of art used 
throughout federal and State VOM regulations. Therefore, references 
under Part 215 to ``source'' or ``emission source'' have been replaced 
by ``emission unit'' to reflect current usage.

2,500 gallon/year Coating Exemption

    Part 215 provides for VOM content limitations for coating 
operations. Previous to these amendments, section 215.206 had allowed 
coating plants an exemption from coating emission limitations if a 
coating plant's emission of VOM is limited by operating permit to not 
exceed 22.7 megagrams/year (25 tons/year), in the absence of air 
pollution control equipment. The amendments expand the exemption to 
coating plants in which the total coating usage does not exceed 9,463 
liters/year (2,500 gallons/year).
    IEPA knows of one source which would be affected by this exemption, 
Sundstrand Aerospace Division of Sundstrand Corporation (Sundstrand), 
in Rockford, Illinois. Sundstrand has two coating plants in which the 
majority of the VOM emissions come from degreasing rather than coating 
operations. Since the definition of ``Coating Plant'' at section 
211.1250 includes the entire building in which the coating occurs, VOM 
emissions from all emission units housed in the same building as a 
coating unit would be included in determining whether the 25 tons/year 
exemption would apply to that coating unit. According to IEPA, the two 
Sundstrand plants have been meeting the 25 tons/year exemption, but 
cannot increase production without losing the exemption. Since 
degreasing operations are already subject to VOM emission control under 
Part 215, IEPA does not believe that a 2,500 gallon/year coating 
exemption for each coating plant would negatively impact air quality. 
Illinois knows of no other source besides Sundstrand which would be 
impacted by this new exemption.

Touch-up and Repair Coating Exemption

    An exemption from VOM coating limitations has been added to section 
215.206 for touch-up and repair coatings. The exemption provides that 
touch-up and repair coatings are exempt from emission limitations 
provided that the source-wide volume of such coatings does not exceed 
0.95 liters (1 quart) per eight-hour period, or exceed 209 liters/year 
for any rolling twelve-month period. ``Touch-up and repair coating'' is 
defined as any coating used to cover minor scratches and nicks that 
occur during manufacturing or assembly processes. The exemption 
provision requires certain recordkeeping and reporting requirements to 
ensure that the exemption is properly used. This exemption is based on 
the touch-up and repair coating exemption which has been added to Parts 
218 and 219 under section 218/219.208, and approved as revisions to the 
SIP on February 13, 1996 (see 61 FR 5511).

Roadmaster Site-Specific Rule Repealed

    Section 215.214 contains a site-specific coating rule applicable to 
the Roadmaster Corporation's facility located in Olney, Illinois. 
Roadmaster has indicated to IEPA that it has shut down the coaters to 
which the site-

[[Page 2583]]

specific rule applies, and that it wishes to have the site-specific 
rule withdrawn. The rule has therefore been repealed through these 
amendments.

Perchloroethylene Dry Cleaner Rule Repealed

    The amendments delete all regulatory requirements pertaining to 
perchloroethylene dry cleaners found in part 215. Perchloroethylene was 
delisted as a VOM by the EPA on February 7, 1996 (see 61 FR 4588). On 
February 7, 1997, the Board adopted a final rulemaking delisting 
perchloroethylene as VOM under State regulations. The State has deleted 
the perchloroethylene dry cleaner requirements from Part 215 because 
the rules are no longer necessary given that perchloroethylene 
negligibly contributes to ozone formation, and that perchloroethylene 
dry cleaners are now regulated under National Emission Standards for 
Hazardous Air Pollutant (NESHAP) regulations promulgated September 22, 
1993 (58 FR 49354).

II. EPA Review of SIP Revision

    Section 110(l) of the Clean Air Act (Act) allows EPA to approve 
revisions to the SIP as long as the revision would not interfere with 
any applicable requirement concerning attainment and reasonable further 
progress and any other applicable requirement under the Act. Since the 
part 215 rules affect only the ozone attainment area, Reasonably 
Available Control Technology (RACT) or Rate-Of-Progress (ROP) 
requirements for VOM rules pursuant to section 182 of the Act do not 
apply. Rather, with this SIP revision, EPA needs to determine whether 
these rule amendments will interfere with maintenance of the ozone 
National Ambient Air Quality Standard (NAAQS) in the Illinois 
attainment area.
    The part 215 revision relaxes the SIP in three areas: the 2,500 
gallon coating exemption for coating plants; the touch-up and repair 
coating exemption; and the deletion of perchloroethylene dry cleaning 
rules.
    The 2,500 gallon coating exemption is expected to affect only two 
coating plants in the Illinois attainment area, both controlled by 
Sundstrand Corporation. The IEPA has determined that the exemptions 
should not impact air quality due to the fact that no other sources are 
known to be affected besides Sundstrand, that the majority of 
Sundstrand's coating plant emissions are controlled under degreasing 
rules, and the general applicability threshold for permitting coating 
plants in the Illinois attainment area is 5,000 gallons. The EPA agrees 
that the 2,500 gallon coating exemption will not impact maintenance of 
the ozone NAAQS in the Illinois attainment area.
    As for the touch-up coating and repair exemption, EPA has already 
approved a 0.95 liter (1 quart) per eight-hour/209 liter (55 gallons) 
per year exemption for touch up and repair coatings for the Illinois 
nonattainment areas, and such exemption is acceptable under EPA policy. 
The exemption has sufficient recordkeeping and reporting requirements 
to ensure enforceability. EPA finds that such exemption will not impact 
maintenance of the ozone NAAQS in the Illinois attainment area.
    Finally, since EPA has found perchloroethylene emissions negligibly 
contribute to ozone formation, perchloroethylene dry cleaning rules are 
no longer necessary to maintain the ozone standard in the Illinois 
attainment area. As was noted in EPA's February 7, 1996, rulemaking 
which delisted perchloroethylene as a VOC, EPA believes that the 
control of perchloroethylene under NESHAP rules is the proper approach 
to controlling these emissions.
    In summary, the exemptions as well as other changes made to the 
part 215 amendments are approvable under section 110(l) of the Act.

III. Final Rulemaking Action

    In this rulemaking action, EPA approves the September 16, 1998, 
Illinois SIP revision submittal, which will make Part 215 VOM 
attainment area rule amendments 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 written comments be filed.
    This action will be effective without further notice unless EPA 
receives relevant adverse written comment by February 16, 1999. Should 
the Agency receive such comments, it will publish a final rule 
informing the public that this action will 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 March 16, 1999.

IV. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from Executive Order (E.O.) 12866, entitled 
``Regulatory Planning and Review.''

B. Executive Order 12875

    Under E.O. 12875, EPA may not issue a regulation that is not 
required by statute and that creates a mandate upon a state, local, or 
tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments. If the mandate is unfunded, EPA must provide to the Office 
of Management and Budget a description of the extent of EPA's prior 
consultation with representatives of affected state, local, and tribal 
governments, the nature of their concerns, copies of written 
communications from the governments, and a statement supporting the 
need to issue the regulation. In addition, E.O. 12875 requires EPA to 
develop an effective process permitting elected officials and other 
representatives of state, local, and tribal governments ``to provide 
meaningful and timely input in the development of regulatory proposals 
containing significant unfunded mandates.'' Today's rule does not 
create a mandate on state, local or tribal governments. The rule does 
not impose any enforceable duties on these entities. Accordingly, the 
requirements of section 1(a) of E.O. 12875 do not apply to this rule.

C. Executive Order 13045

    Protection of Children from Environmental Health Risks and Safety 
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) Is 
determined to be ``economically significant'' as defined under E.O. 
12866, and (2) concerns an environmental health or safety risk that EPA 
has reason to believe may have a disproportionate effect on children. 
If the regulatory action meets both criteria, the Agency must evaluate 
the environmental health or safety effects of the planned rule on 
children, and explain why the planned regulation is preferable to other 
potentially effective and reasonably feasible alternatives considered 
by the Agency.
    This rule is not subject to E.O. 13045 because it is does not 
involve decisions intended to mitigate environmental health or safety 
risks.

D. Executive Order 13084

    Under E.O. 13084, EPA may not issue a regulation that is not 
required by statute, that significantly affects or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the

[[Page 2584]]

Federal government provides the funds necessary to pay the direct 
compliance costs incurred by the tribal governments. If the mandate is 
unfunded, EPA must provide to the Office of Management and Budget, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, E.O. 13084 requires EPA to develop an 
effective process permitting elected and other representatives of 
Indian tribal governments ``to provide meaningful and timely input in 
the development of regulatory policies on matters that significantly or 
uniquely affect their communities.'' Today's rule does not 
significantly or uniquely affect the communities of Indian tribal 
governments. Accordingly, the requirements of section 3(b) of E.O. 
13084 do not apply to this rule.

E. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions. This final rule will not have a significant impact on a 
substantial number of small entities because SIP approvals under 
section 110 and subchapter I, part D of the Clean Air Act do not create 
any new requirements but simply approve requirements that the State is 
already imposing. Therefore, because the Federal SIP approval does not 
create any new requirements, I certify that this action will not have a 
significant economic impact on a substantial number of small entities. 
Moreover, due to the nature of the Federal-State relationship under the 
Clean Air Act, preparation of flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of state action. The 
Clean Air Act forbids EPA to base its actions concerning SIPs on such 
grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 
42 U.S.C. 7410(a)(2).

F. Unfunded Mandates

    Under Section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
annual costs to State, local, or tribal governments in the aggregate; 
or to private sector, of $100 million or more. Under Section 205, EPA 
must select the most cost-effective and least burdensome alternative 
that achieves the objectives of the rule and is consistent with 
statutory requirements. Section 203 requires EPA to establish a plan 
for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    EPA has determined that the approval action promulgated does not 
include a Federal mandate that may result in estimated annual costs of 
$100 million or more to either State, local, or tribal governments in 
the aggregate, or to the private sector. 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 to the private sector, result from this action.

G. 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. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This rule is not a ``major'' rule as defined by 5 U.S.C. 
804(2).

H. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by March 16, 1999. 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 
requirements.

    Dated: December 21, 1998.
David A. Ullrich,
Acting Regional Administrator, Region 5.

    For the reasons stated in the preamble, title 40, chapter I, 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)(145) to read 
as follows:


Sec. 52.720  Identification of plan.

* * * * *
    (c) * * *
    (145) On September 16, 1998, the State of Illinois submitted 
amendments to Volatile Organic Material (VOM) rules affecting Illinois' 
ozone attainment area (the area of the State not including the Chicago 
and Metro-East ozone nonattainment areas). The amendments contain 
various deletions of obsolete provisions, changes of some word usage to 
comport Part 215 with other Illinois VOM regulations, and the addition 
of certain exemptions from VOM coating requirements.
    (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 215: Organic Material Emission Standards and Limitations; 
Subpart A: General Provisions, 215.104 Definitions, 215.109 Monitoring 
for Negligibly-Reactive Compounds; Subpart F: Coating Operations, 
215.204 Emission Limitations for Manufacturing Plants, 215.205 
Alternative Emission Limitations, 215.206 Exemptions from Emission 
Limitations, 215.207 Compliance by Aggregation of Emissions Units, 
215.211 Compliance Dates and Geographical Areas, 215.212 Compliance 
Plan, and 215.214 Roadmaster Emissions Limitations (Repealed); Subpart 
Z: Dry Cleaners, 215.601 Perchloroethylene Dry Cleaners

[[Page 2585]]

(Repealed), 215.602 Exemptions (Repealed), 215.603 Leaks (Repealed), 
215.604 Compliance Dates and Geographical areas (Repealed), 215.605 
Compliance Plan (Repealed), and 215.606 Exception to Compliance Plan 
(Repealed), amended at 22 Ill. Reg. 11427, effective June 19, 1998.

[FR Doc. 99-1018 Filed 1-14-99; 8:45 am]
BILLING CODE 6560-50-P