[Federal Register Volume 62, Number 48 (Wednesday, March 12, 1997)]
[Rules and Regulations]
[Pages 11327-11329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6076]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IL138-1a; FRL-5660-2]


Approval and Promulgation of Implementation Plans; Illinois

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA approves Illinois' May 5, 1995, May 26, 1995, and May 
31, 1995, submittal of miscellaneous amendments to Illinois'' Volatile 
Organic Material (VOM) Reasonably Available Control Technology (RACT) 
rules as requested revisions to Illinois' State Implementation Plan 
(SIP) for ozone. VOM, as defined by the State of Illinois, is identical 
to ``volatile organic compounds'' (VOC), as defined by EPA. These 
amendments make certain clarifications to the State's VOM RACT rules, 
and includes an exemption of certain polyethylene foam packaging 
operations from these rules. In this action, EPA is approving the 
requested SIP revision through a ``direct final'' rulemaking; the 
rationale for this approval is set forth below. Elsewhere in this 
Federal Register, EPA is proposing approval and soliciting comment on 
this direct final action; if adverse comments are received, EPA will 
withdraw the direct final rulemaking and address the comments received 
in a new final rule; otherwise, no further rulemaking will occur on 
this requested SIP revision.

DATES: This action will be effective May 12, 1997 unless adverse 
comments not previously addressed by the State or EPA are received by 
April 11, 1997. If the effective date of this action is delayed due to 
adverse comments, timely notice will be published in the Federal 
Register.

ADDRESSES: 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.
    Copies of the Illinois submittal are available for public review 
during normal business hours, between 8:00 a.m. and 4:30 p.m., at the 
above address.
    A copy of this SIP revision is also available for inspection at: 
Office of Air and Radiation (OAR), Docket and Information Center (Air 
Docket 6102), Room 1500, U.S. Environmental Protection Agency, 401 M 
Street, S.W., Washington, D.C. 20460.

FOR FURTHER INFORMATION CONTACT: Mark J. Palermo, Regulation 
Development Section, Air Programs Branch (AR-18J), U.S. Environmental 
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois, 60604. 
Telephone: (312) 886-6082.

SUPPLEMENTARY INFORMATION:

I. Background

    On September 9, 1994 and October 21, 1996 (59 FR at 46562 and 61 FR 
at 54556), the EPA approved VOM reasonably available control technology 
(RACT) rules under 35 Illinois Administrative Code (IAC) parts 218 and 
219. Part 218 covers the Chicago ozone nonattainment area (Cook, 
DuPage, Kane, Lake, McHenry, Will Counties and Aux Sable and Goose Lake 
Townships in Grundy County and Oswego Township in Kendall County), 
while part 219 covers the Metro-East ozone nonattainment area (Madison, 
Monroe, and St. Clair Counties). These rules were submitted by Illinois 
in order to comply with the RACT ``fix-up'' and ``catch-up'' 
requirements under sections 182(a)(2)(A) and 182(b)(2) of the Clean Air 
Act (Act).
    On September 12, 1994, and October 27, 1994, the Illinois 
Environmental Protection Agency (IEPA) filed proposed amendments to 
parts 218 and 219 with the Illinois Pollution Control Board (Board). 
These amendments were proposed in order to clarify certain 
applicability provisions, control requirements, and compliance dates 
contained within these rules. Also included in these proposed 
amendments was an exemption for certain polyethylene foam packaging 
operations from the rules'' RACT requirements. Public hearings on the 
proposed amendments were held on November 4, December 2, December 15, 
December 16, 1994, and January 9, 1995, in Chicago, Illinois. On April 
20, 1995, the Board adopted Final Opinions and Orders for the proposed 
amendments. The amendments became effective on May 9, 1995, and were 
published in the Illinois Register on May 19, 1995. The IEPA formally 
submitted the amendments to EPA in two submittals dated May 5, 1995, as 
a revision to the Illinois SIP for ozone; supplemental

[[Page 11328]]

submittals were submitted on May 26, 1995, and May 31, 1995.

II. State Submittal

    A summary of the rule amendments contained in the State's requested 
SIP revision follows. Where the same change has been made in both Part 
218 and Part 219, the change to both parts is discussed together.

Section 218.106

    Section 218.106(e) affects coating operations on electromotive 
diesels in Cook County, Illinois, by extending the compliance date for 
meeting coating VOM content limits specified in sections 218.204(m) (2) 
and (3) to March 25, 1995. Illinois has submitted this amendment to 
make its rules consistent with a Chicago Federal Implementation Plan 
(FIP) revision for General Motors Corporation's Electromotive Division 
located in Cook County, Illinois promulgated on March 24, 1994 (59 FR 
14110).

Sections 218.480 and 219.480

    These amendments affect RACT rules under subpart T covering 
pharmaceutical manufacturing in the Chicago and Metro East ozone 
nonattainment areas. Sections 218/219.480(i) have been added to provide 
that equipment and operations emitting VOM at a source subject to the 
applicability provisions for pharmaceutical manufacturing under 
sections 218/219 (a) or (c), and are used to produce pharmaceutical 
products or a pharmaceutical-like product such as a hormone, enzyme, or 
antibiotic, shall be deemed to be engaged in the manufacture of 
pharmaceuticals for purposes of this Subpart.
    These amendments clarify that equipment and processes which are 
already subject to the VOM RACT requirements for pharmaceutical 
manufacturing under subpart T are not additionally subject to subpart 
RR, the requirements for miscellaneous organic chemical manufacturing 
processes, when manufacturing a pharmaceutical-like product such as a 
hormone, enzyme, or antibiotic.

Section 218.686

    This amendment affects aerosol can filling lines in the Chicago 
ozone nonattainment area. Section 218.686(a)(2)(B) is revised to 
clarify that a source only needs to demonstrate its inability to use 
the through-the-valve filling method for a particular product by 
meeting any one of the three factors listed, rather than all three. The 
previous language incorrectly used the word ``and,'' instead of ``or,'' 
which inadvertently required the source to meet all three factors 
instead of just one.

Section 218.966

    Section 218.966(c) specifies control practices of components 
leaking VOM at Miscellaneous Organic Chemical Manufacturing Plants in 
the Chicago ozone subject to Part 218, Subpart RR. A compliance date of 
March 15, 1995, has been added to this subsection because Illinois 
inadvertently omitted this compliance date when this subsection was 
first adopted.

Sections 218.980 and Sections 219.980

    Part 218/219, subpart TT contains non-Control Techniques Guidelines 
(CTG) RACT requirements for various sources which do not fall under any 
subpart of the rules. Sections 218/219.980(f), have been revised to add 
polyethylene foam packaging operations to the list of units exempted 
from the control requirements under subpart TT. This exemption would 
affect only one source, Freeflow Packaging (Freeflow), located in the 
Chicago ozone nonattainment area. Freeflow manufactures polyethylene 
foam sheets that are used as a wrapping to prevent marring and 
scratching during shipment of electronic equipment and cabinets. VOM 
emissions from this operation come mainly from the blowing agent, 
isobutane, which is used to expand polymeric resin to form the sheets. 
Without this exemption, Freeflow would be required under sections 218/
219.986 to use either an emission capture and control techniques that 
achieve an overall reduction in uncontrolled VOC emissions of at least 
81 percent from each emission unit, or comply with an equivalent 
alternative control plan which has been approved by IEPA and EPA in a 
federally enforceable permit or as a SIP revision.
    In support of the rule exemption, Illinois submitted a November 25, 
1996, RACT analysis which indicated that Freeflow's estimated control 
cost to comply with the regulation, $10,260 to $11,370 per ton of VOM 
emissions destroyed, is economically unreasonable for this particular 
source. To further support the exemption, Illinois investigated other 
state RACT regulations which covered polyethylene foam packaging. Two 
California regulations were identified: San Joaquin Valley Unified Air 
Pollution Control District (SJVUAPCD) Rule 4682, and South Coast Air 
Quality Management District (SCAQMD) Rule 1175. Illinois found that 
there were five polyethylene foam packaging operations covered under 
SJVUAPCD Rule 4682. These five sources, however, do not manufacture 
foam sheets such as Freeflow, and therefore utilize a different 
operation, which involves the extrusion of pelletized resin using steam 
or heat to form the final product without the need to employ VOM 
containing blowing agents. As for SCAQMD Rule 1175, no affected 
polyethylene foam packaging operations were identified by SCAQMD during 
the rulemaking process. Therefore, Illinois could not find any 
polyethylene foam packaging operation similar to Freeflow's operation 
which is subject to RACT regulations. Because Illinois has found that 
RACT control to be economically unreasonable for Freeflow's 
polyethylene foam packaging operation, and that Freeflow's particular 
type of operation is not covered under RACT in other states, Illinois 
is requesting that EPA approve the addition of polyethylene foam 
packaging operations to the list of operations exempted from control 
under subpart TT.

III. Review of Submittal

    The EPA finds that the amendments contained in 35 IAC sections 
218.106, 218.480, 218.686, 218.966, and 219.480 are acceptable 
clarifications to Illinois'' existing VOM RACT rules and represent no 
deviation from RACT. EPA also finds that the RACT exemption for 
polyethylene foam packaging operations contained in sections 218.980(f) 
and 219.980(f) is adequately justified by Illinois. EPA, therefore, 
approves these amendments as a revision to the Illinois SIP for ozone.

IV. Rulemaking Action

    The EPA approves Illinois' May 5, 1995, May 26, 1995 and May 31, 
1995, submittals requesting revisions to the Illinois SIP for ozone. 
These revisions include 35 IAC sections 218.106, 218.480, 218.686, 
218.966, 218.980, 219.480, and 219.980.
    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 adverse or critical comments be filed. This action will be 
effective on May 12, 1997 unless, by April 11, 1997, adverse or 
critical comments are received.
    If the EPA receives such comments, this action will be withdrawn 
before the effective date by publishing a subsequent rulemaking that 
will withdraw the final action. All public comments received will be 
addressed in a subsequent final rule based on this action serving as a 
proposed rule. The

[[Page 11329]]

EPA will not institute a second comment period on this action. 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 May 12, 1997.
    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.

V. Administrative Requirements

A. Executive Order 12866

    This action has been classified as a Table 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
July 10, 1995, memorandum from Mary D. Nichols, Assistant Administrator 
for Air and Radiation. The Office of Management and Budget (OMB) has 
exempted this regulatory action from Executive Order 12866 review.

B. Regulatory Flexibility

    Under the Regulatory Flexibility Act, 5 U.S.C. section 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. sections 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 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 Federal 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 May 12, 1997. 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, Hydrocarbons, 
Incorporation by reference, Ozone, and Volatile organic compounds.

    Dated: November 27, 1996.
Valdas V. Adamkus,
Regional Administrator.

    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)(123) to read 
as follows:


Sec. 52.720  Identification of plan.

    (c) * * *
    (123) On May 5, 1995, May 26, 1995, and May 31, 1995, the State of 
Illinois submitted miscellaneous revisions to its Volatile Organic 
Material (VOM) Reasonably Available Control Technology (RACT) rules 
contained in 35 Illinois Administrative Code Part 218: Organic Material 
Emission Standards and Limitations for the Chicago Area, and Part 219: 
Organic Material Emission Standards and Limitations for the Metro East 
Area. These amendments clarify certain applicability provisions, 
control requirements, and compliance dates contained within these 
regulations. Also included in these amendments is an exemption for 
certain polyethylene foam packaging operations from VOM RACT 
requirements.
    (i) Incorporation by reference. Illinois Administrative Code, Title 
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: 
Pollution Control Board, Subchapter c: Emission Standards and 
Limitations for Stationary Sources.
    (A) Part 218: Organic Material Emission Standards and Limitations 
for the Chicago Area, Subpart A: General Provisions, Section 218.106; 
Subpart T: Pharmaceutical Manufacturing, Section 218.480; Subpart DD: 
Aerosol Can Filling, Section 218.686; Subpart RR: Miscellaneous Organic 
Chemical Process, Section 218.966; Subpart TT: Other Emission Units, 
Section 218.980. Amended at 19 Ill. Reg. 6848; effective May 9, 1995.
    (B) Part 219: Organic Material Emission Standards and Limitations 
for the Metro East Area, Subpart T: Pharmaceutical Manufacturing, 
Section 219.480; Subpart TT: Other Emission Units, Section 219.980. 
Amended at 19 Ill. Reg. 6958, effective May 9, 1995.

[FR Doc. 97-6076 Filed 3-11-97; 8:45 am]
BILLING CODE 6560-50-P