Federal Register / Vol. 62, No. 228 / Wednesday, November 26, 1997 / Rules and Regulations 62951

be challenged later in proceedings to

enforce its requirements. (See section

307(b)(2).)

List of Subjects

40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by

reference, Intergovernmental relations,

Lead, Nitrogen dioxide, Ozone,

Particulate matter, Sulfur oxides,

Volatile organic compounds.

40 CFR Part 70

Environmental protection,

Administrative practice and procedure,

Air pollution control, Hazardous

substances, Intergovernmental relations,

Operating permits, Reporting and

recordkeeping requirements.

Note: Incorporation by reference of the

State Implementation Plan for the State of

California was approved by the Director of

the Federal Register on July 1, 1982.

Date Signed: November 14, 1997.

Felicia Marcus,

Regional Administrator.

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 F—California

2. Section 52.220 is amended by

adding and reserving paragraphs

(c)(247) through (c)(249) and by adding

paragraph (c)(250) to read as follows:

§ 52.220 Identification of plan.

* * * * *

(c) * * *

(247) [Reserved]

(248) [Reserved]

(249) [Reserved]

(250) New regulations for the

following APCD were submitted on

October 31, 1997, by the Governor’s

designee.

(i) Incorporation by reference.

(A) Santa Barbara County Air

Pollution Control District.

(1) Rule 1301 adopted on September

18, 1997.

PART 70—[AMENDED]

1. The authority citation for part 70

continues to read as follows:

Authority: 42 U.S.C. 7401, et seq.

2. Appendix A to part 70 is amended

by revising paragraph (aa) to the entry

for California to read as follows:

Appendix A to Part 70—Approval

Status of State and Local Operating

Permits Programs

* * * * *

California

* * * * *

(aa) Santa Barbara County Air Pollution

Control District (APCD) submitted on

November 15, 1993, as amended March 2,

1994, August 8, 1994, December 8, 1994, June

15, 1995, and September 18, 1997; interim

approval effective on December 1, 1995;

interim approval expires on October 1, 1998.

* * * * *

[FR Doc. 97–30951 Filed 11–25–97; 8:45 am]

BILLING CODE 6560–50–P

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.

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-OfProgress (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
62952 Federal Register / Vol. 62, No. 228 / Wednesday, November 26, 1997 / Rules and Regulations

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
Federal Register / Vol. 62, No. 228 / Wednesday, November 26, 1997 / Rules and Regulations 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:

§ 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

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 60

[FRL–5927–4]

Standards of Performance for New

Stationary Sources; Standards of

Performance for Nonmetallic Mineral

Processing Plants; Clarification

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of policy; clarification.

SUMMARY: This action clarifies the

applicability of the New Source

Performance Standards for Nonmetallic

Mineral Processing Plants (40 CFR part

60, subpart OOO). This action is

necessary because of incorrect guidance

and preamble language regarding the

regulation’s applicability to affected

facilities in the nonmetallic mineral

processing industry. The April 1991

Regulatory and Inspection Manual for

Nonmetallic Mineral Processing Plants

included the following incorrect

statement: ‘‘Subpart OOO affected

facilities begin with the first crushing or

grinding operation at the plant.’’ The

same incorrect statement was made in a

response to a comment in the preamble

to the June 9, 1997, Federal Register

document for the final amendments to

subpart OOO.

Section 60.670(a) of subpart OOO lists

the affected facilities in fixed or portable

nonmetallic mineral processing plants.

This list includes each crusher, grinding

mill, screening operation, bucket

elevator, belt conveyor, bagging

operation, storage bin, and enclosed

truck or railcar loading station. The

clear intent of the regulation is that all

facilities listed in section 60.670(a) are

subject to subpart OOO. While subpart

OOO affected operations typically have

crushers or grinding mills located at or

near the beginning of the nonmetallic

mineral processing line, this is not

always the case (e.g., some plants may

convey, screen or otherwise process

materials without first utilizing a

crusher located in the plant). Therefore,

with this document, the EPA is

clarifying that as long as crushing or

grinding occurs anywhere at a nonmetallic mineral processing plant, any

affected facility listed in § 60.670(a) is

subject to subpart OOO regardless of its

location within the plant. EPA expects

that plants that have not considered

facilities prior to the first crushing or

grinding operation as affected facilities,

will now ensure that those affected

facilities will meet all of the applicable

regulatory requirements.