[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]


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

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-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