[Federal Register Volume 61, Number 18 (Friday, January 26, 1996)]
[Rules and Regulations]
[Pages 2423-2428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1297]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[IL18-6-6516a; FRL-5334-2]


Approval and Promulgation of Implementation Plans; Illinois

AGENCY: United States Environmental Protection Agency (USEPA).

ACTION: Direct final rule.

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SUMMARY: On October 21, 1993, and March 4, 1994, the Illinois 
Environmental Protection Agency (IEPA) submitted to the USEPA volatile 
organic compound (VOC) rules that were intended to satisfy part of the 
requirements of section 182(b)(2) of the Clean Air Act (Act) amendments 
of 1990. Specifically, these rules provide control requirements for 
certain major sources not covered by a Control Technique Guideline 
(CTG) document. These non-CTG VOC rules apply to sources in the Chicago 
ozone nonattainment area which have the potential to emit 25 tons of 
VOC per year. These rules provide an environmental benefit due to the 
imposition of these additional control requirements. IEPA estimates 
that these rules will result in VOC emission reductions, from 119 
industrial plants, of 2.78 tons per day. The rationale for the approval 
is set forth in this final rule; additional information is available at 
the address indicated below. Elsewhere in this Federal Register USEPA 
is proposing approval and soliciting public comment on this requested 
revision to the Illinois State implementation plan (SIP). If adverse 
comments are received on this direct final rule, USEPA will withdraw 
the final rule and address the comments received in a new final rule. 
Unless this final rule is withdrawn, no further rulemaking will occur 
on this requested SIP revision.

DATES: This final rule is effective March 26, 1996 unless adverse 
comments are received by February 26, 1996. If the effective date is 
delayed, timely notice will be published in the Federal Register.

ADDRESSES: Written comments can be mailed to: J. Elmer Bortzer, Chief, 
Regulation Development Section, Regulation Development Branch (AR-18J), 
Air and Radiation Division, U.S. Environmental Protection Agency, 77 
West Jackson Boulevard, Chicago, Illinois 60604.
    Copies of the SIP revision request are available for inspection at 
the following address: (It is recommended that you telephone Steven 
Rosenthal at (312) 886-6052, before visiting the Region 5 office.) U.S. 
Environmental Protection Agency, Region 5, Air and Radiation Division, 
77 West Jackson Boulevard, Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT: Steven Rosenthal, Regulation 
Development Branch (AR-18J), (312) 886-6052.

SUPPLEMENTARY INFORMATION:

Background

    On June 29, 1990, USEPA promulgated a Federal implementation plan 
(FIP) for the six counties in the Chicago metropolitan area: Cook, Du 
Page, Kane, Lake, McHenry, and Will. 55 FR 26818, codified at 40 CFR 
52.741. This FIP required that certain VOC sources comply with 
reasonably available control technology (RACT) requirements.
    Under the Act as amended in 1977, ozone nonattainment areas were 
required to adopt reasonably available control technology (RACT) for 
sources of VOC emissions. USEPA issued three sets of control technique 
guidelines (CTGs) documents, establishing a ``presumptive norm'' for 
RACT for various categories of VOC sources. The three sets of CTGs were 
(1) Group I--issued before January 1978 (15 CTGs); (2) Group II--issued 
in 1978 (9 CTGs); and (3) Group III--issued in the early 1980's (5 
CTGs). Those sources not covered by a CTG were called non-CTG sources. 
USEPA determined that the area's SIP-approved attainment date 
established which RACT rules the area needed to adopt and implement. 
Those areas (including the Chicago area) that sought an extension of 
the attainment date under section 172(a)(2) to as late as December 31, 
1987, were required to adopt RACT for all CTG sources and for all major 
(100 tons per year or more of VOC emissions under the pre-amended Act) 
non-CTG sources.
    Section 182(b)(2) of the Act as amended in 1990 (amended Act) 
requires States to adopt reasonably available control technology (RACT) 
rules for all areas designated nonattainment for ozone and classified 
as moderate or above. There are three parts to the section 182(b)(2) 
RACT requirement: (1) RACT for sources covered by an existing CTG--
i.e., a CTG issued prior to the enactment of the amended Act of 1990; 
(2) RACT for sources covered by a post-enactment CTG; and (3) all major 
sources not covered by a CTG. These section 182(b)(2) RACT requirements 
are referred to as the RACT ``catch-up'' requirements.
    The amended Act requires USEPA to issue CTGs for 13 source 
categories by November 15, 1993. A CTG was published by this date for 
two source categories--Synthetic Organic Chemical Manufacturing 
Industry (SOCMI) Reactors and Distillation; however, the CTGs for the 
remaining source categories have not been completed. The amended Act 
requires States to submit rules for sources covered by a post-enactment 
CTG in accordance with a schedule specified in a CTG document. 
Accordingly, States must submit a RACT rule for SOCMI reactor processes 
and distillation operations before March 23, 1994.
    The USEPA created a CTG document as Appendix E to the General 
Preamble for the Implementation of Title I of the Clean Air Act 
Amendments of 1990. (57 FR 18070, 18077, April 28, 1992). In Appendix 
E, USEPA interpreted the Act to allow a State to submit a non-CTG rule 
by November 15, 1992, or to defer submittal of a RACT rule for sources 
that the State anticipated would be covered by a post-enactment CTG, 
based on the list of CTGs USEPA expected to issue to meet the 
requirement in section 183. Appendix E states that if USEPA fails to 
issue a CTG by November 15, 1993 (which it did for 11 source 
categories), the responsibility shifts to the State to submit a non-CTG 
RACT rule for those sources by November 15, 1994. In accordance with 
section 182(b)(2), implementation of that RACT rule should occur by May 
31, 1995. 

[[Page 2424]]

    On October 21, 1993, and March 4, 1994, IEPA submitted VOC rules 
for the Chicago ozone severe nonattainment area.<SUP>1 The rules 
submitted on March 4, 1994, include both new rules and revisions to the 
rules that were submitted on October 21, 1993. Those sections contained 
in the March 4, 1994, submittal supersede the same sections in the 
October 21, 1993, submittal. These rules were intended to satisfy, in 
part, the major non-CTG control requirements of section 182(b)(2). 
These ``catch-up'' rules lower the applicability cutoff for major non-
CTG sources from 100 tons VOC per year to 25 tons VOC per year. This 
cutoff was lowered because section 182(d) of the amended Act defines a 
major source in a severe ozone nonattainment area as a source that 
emits 25 tons or more of VOC per year. However, this March 4, 1994, 
submittal does not include major non-CTG regulations for the 11 source 
categories for which USEPA expected to issue CTGs to satisfy section 
183, but did not. As stated previously, Illinois is required to adopt 
and submit RACT regulations by November 1994 for these 11 source 
categories.

    \1\ The Chicago severe ozone nonattainment area consists of 
Cook, Du Page, Kane, Lake, McHenry, and Will Counties and Aux Sable 
Township and Goose Lake Township in Grundy County and Oswego 
Township in Kendall County.
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Evaluation of Rules

Subpart B: Definitions

    Illinois has added 18 definitions to Subpart B. All but one of 
these definitions apply to new rules for ``Polyester Resin Product 
Manufacturing Process,'' ``Aerosol Can Filling,'' and ``Leather 
Coating.'' These definitions accurately describe the specified terms 
and are necessary for implementation of these three rules. These 
definitions are therefore approvable.
    Illinois has also added a definition of ``potential to emit'' 
(PTE). This term is used to establish the applicability cutoff for the 
major non-CTG ``catch-up'' rules described in the following part of 
this notice. PTE is defined as ``the maximum capacity of a stationary 
source to emit any air pollutant under its physical and operational 
design. Any physical or operational limitation on the capacity of a 
source to emit an air pollutant, including air pollution control 
equipment and restriction on hours of operation or on the type or 
amount of material combusted, stored, or processed, shall be treated as 
part of its design if the limitation is federally enforceable.'' This 
definition is acceptable for establishing applicability and for 
establishing federally enforceable restrictions for the purpose of 
allowing a source to avoid applicability. This definition is therefore 
approvable.

Subpart A: General Provisions

    Section 218.106 Compliance Dates--A new subsection 218.106(c) is 
added which provides a compliance date of March 15, 1995, for newly 
subject 25 ton per year VOC sources. This subsection is approvable 
because this date is prior to May 31, 1995, the implementation date 
that is specified in section 182(b)(2) for major non-CTG sources.
    Section 218.108 Exemptions, Variations, and Alternative Means of 
Control or Compliance Determinations--Subsection 218.108(b) allows 
equivalent alternative control plans and test methods to be established 
in a federally enforceable permit. This provision allows Illinois to 
revise its control requirements and test methods through a federally 
enforceable state operating permit (FESOP) or Title V (of the Act) 
operating permit. The application of this section is discussed in 
subsequent parts of these rules.
    Section 218.113 Compliance with Permit Conditions--This section 
requires sources to comply with their permit requirements and is 
therefore approvable.
    Section 218.402 Applicability--This section contains a 25 tons per 
year PTE cutoff (in addition to a 100 ton maximum theoretical emissions 
<SUP>2 (MTE) cutoff) for flexographic and rotogravure printing sources 
as required by the new major source definition applicable in severe 
ozone nonattainment areas. In addition, this section allows sources to 
avoid the applicability of specified printing rules, provided a source 
has a federally enforceable permit that limits emissions to below the 
applicable cutoff through capacity or production limitations. This use 
of federally enforceable permits is approvable because USEPA can deem a 
permit to be ``not federally enforceable'' in a letter to IEPA. Upon 
issuance of such a letter, the source is no longer protected by this 
permit. The source would then be subject to the SIP requirements if its 
emissions exceed the applicable cutoffs. This is consistent with 
USEPA's December 17, 1992, approval of Illinois' operating permit 
program which states: ``In approving the State operating program USEPA 
is determining that Illinois' program allows USEPA to deem an operating 
permit not `federally enforceable' for purposes of limiting potential 
to emit and offset credibility.'' (57 FR 59928, 59930). IEPA has agreed 
to this approach and specified the applicable procedures in a March 26, 
1993, letter to USEPA. This section is therefore approvable because it 
adds a cutoff consistent with the requirements of the amended Act and 
because USEPA can invalidate the protection provided by an operating 
permit by deeming such operating permit to be ``not federally 
enforceable `` in a letter to IEPA.

    \2\ ``Maximum theoretical emissions'' means the quantity of 
volatile organic material that theoretically could be emitted by a 
stationary source before add-on controls based on the design 
capacity or maximum production capacity of the source and 8760 hours 
per year. The design capacity or maximum production capacity 
includes use of coating(s) or ink(s) with the highest volatile 
organic material content actually used in practice by the source, 
provided, however, the Agency shall, when appropriate, and upon 
request by the permit applicant, limit the ``maximum theoretical 
emissions'' of a source by the imposition of conditions in a 
federally enforceable operating permit for such source. Such 
conditions shall not be inconsistent with requirements of the Clean 
Air Act, as amended, or any applicable requirements established by 
the Board. Such conditions shall be established in place of design 
capacity or maximum production capacity in calculating the ``maximum 
theoretical emissions'' for such source and may include, among other 
things, the establishment of production limitations, capacity 
limitations, or limitations on the volatile organic material content 
of coatings or inks, or the hours of operation of any emission unit, 
or a combination of any such limitations. Production or capacity 
limitations shall be established on a basis of no longer than one 
month except in those cases where a limit spanning a longer period 
of time is appropriate. In such cases, a limit or limitation must 
not exceeed an annual limit rolled on a basis of at most a month: 
that is, for example, a monthly production or a capacity level must 
be determined for each parameter subject to a production or capacity 
limitation and added to the eleven prior monthly levels for monthly 
comparison with the annual limit. Any production or capacity 
limitations shall be verified through appropriate recordkeeping.
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    Section 218.611 Applicability for Petroleum Solvent Dry Cleaners--
The above discussion in section 218.402, for flexographic and 
rotogravure printing sources, applies to this section for petroleum 
solvent dry cleaners.
    Section 218.620 Applicability--This section contains a 25 tons per 
year PTE cutoff (in addition to a 100 ton MTE cutoff) for paint and ink 
manufacturing sources as required by the new major source definition 
applicable in severe ozone nonattainment areas and is therefore 
approvable.
    Subpart CC: Polyester Resin Product Manufacturing Process--This new 
rule applies to a source's polyester resin products manufacturing 
process emission units and the associated handling of materials, 
cleanup activity, and formulation activity at sources with MTE of less 
than 100 tons. The control requirements consist of any of the 
following: (1) The use of polyester resin material with specified 
monomer contents; (2) the use of a closed-mold or 

[[Page 2425]]
pultrusion system which will result in less than 4% weight loss of 
polyester resin materials; (3) the use of vapor suppressed polyester 
resin approved by IEPA in the source's permit such that weight loss 
from VOC emissions does not exceed 60 grams per square meter of exposed 
surface area during molding; or (4) the use of any materials or 
processes demonstrated to the satisfaction of IEPA to achieve VOC 
emission levels equivalent to any of the above control techniques. This 
alternative must be approved by IEPA and USEPA in a federally 
enforceable permit or as a SIP revision. An analysis of alternative 
equivalent control plans is contained below within the discussion of 
Subparts PP, QQ, RR, and TT. This rule also includes work practices 
(such as use of closed containers) and regulates the use of cleaning 
materials. Section 218.668(a)(3)(C), 218.668(a)(4)(D) and 
218.668(a)(5)(C), allow for the determination of specified control 
requirements ``By site-specific sampling and analysis methods approved 
by the Agency and USEPA in a federally enforceable permit.'' The 
procedures for USEPA's review and approval of these alternative test 
methods are specified in a September 13, 1995, letter from the Illinois 
Environmental Protection Agency to Region 5 of the USEPA. The emission 
limits contained in this rule are very similar to the emission limits 
contained in Rule 1162 for Polyester Resin Operations that was revised, 
in May 1994, by the South Coast Air Quality Management District--which 
covers the Los Angeles area. Rule 1162 was approved by USEPA on August 
25, 1994 (59 FR 43571). Illinois' Polyester Resin Product Manufacturing 
Process rule is therefore approvable.
    Subpart DD: Aerosol Can Filling--This new rule applies to a 
source's aerosol can filling lines if the source's MTE is less than 100 
tons and it has a PTE equal or greater than 25 tons VOC per year. 
Aerosol can filling lines can comply by one of the following options: 
(1) Use of add-on control which achieves an overall reduction of 81%; 
or (2) (A) Use of through-the-valve (TTV) fill or enhanced under-the-
cup (UTC) fill to minimize loss of VOC propellent; or use of another 
system approved in a federally enforceable permit which achieves at 
least 75% reduction of the emissions of UTC fill; (B) Fill on a monthly 
basis at least 90% of cans filled on such aerosol can filling lines 
that are capable of being filled by the TTV method with TTV fill. TTV 
filling causes only 15% to 25% of the emissions from UTC (the standard 
method of filling cans) and is considered to be RACT. Based on 
discussions with IEPA, the two aerosol can filling sources that have 
been identified as emitting over 25 tons VOC per year either are or 
will be controlled as follows: CCL Custom Manufacturing will be 
installing an incinerator and will therefore comply with the 81% 
overall control requirement and Chase Products Company is filling 90% 
of its cans with TTV. Therefore this rule satisfies the requirement for 
RACT on aerosol filling operations.
    Section 218.926(b)(2) consists of a new set of control requirements 
which apply to a source's leather coating operations if the source's 
MTE is less than 100 tons and it has a PTE of 25 tons VOC per year or 
greater. These control requirements are: (A) For the application of 
stain coating to leather, other than specialty leather, the VOC 
contained in the subject coatings shall not exceed 10 tons in any 
consecutive 12-month period or the application of such coatings shall 
comply with (C) below; (B) For the application of coatings to specialty 
leather, the total VOC content of all coatings, including stains, as 
applied to a category of specialty leather, shall not exceed 38 lbs per 
1000 square feet of such specialty leather produced, determined on a 
monthly basis;or (C) The daily-weighted average VOC content shall not 
exceed 3.5 lbs VOC/gallon of coating as applied. A daily-weighted 
average of 3.5 lbs VOC per gallon has previously been established as 
RACT by USEPA for major non-CTG coating sources and a 38 lbs VOC per 
1000 square feet limit is contained in Wisconsin's leather coating 
rules which has been approved as RACT by USEPA. IEPA justified its 10 
ton exemption for stains by explaining that use of high VOC content 
stain is needed for some natural leathers. Even when a stain with dye 
can be thinned with water the VOC content can still be very high 
because of the VOC required to actually dissolve the small amount of 
dye present. Stain is applied at varying rates on different pieces of 
leather and at varying rates on a single piece of leather, as it is 
used to achieve uniform shade on animal hides with naturally varying 
coloration. IEPA added that at the same time and in light of the above, 
total VOC emissions from a source attributable to stain are small. 
Illinois' leathercoating rule is therefore consistent with RACT. The 
compliance certification and recordkeeping requirements for 
leathercoating operations are contained in Sections 218.991(d)(1) and 
218.991(d)(2), respectively. The recordkeeping requirements in Section 
218.991(d)(2) establish monthly records of (1) the pounds VOC per 
gallon of coating (VOC content) and volume of each stain coating used 
for other than specialty leather, (2) the VOC content and volume of 
each coating used for specialty shoe leather, (3) the VOC content and 
volume of each coating used for specialty football leather, (4) the 
square feet of specialty shoe leather produced, and (5) and the square 
feet of specialty football leather produced. These recordkeeping 
requirements are therefore sufficient to establish compliance with the 
leathercoating emission limits.
    Subparts PP, QQ, RR, and TT consist of ``generic'' major non-CTG 
rules for sources not specifically covered by another rule. Sections 
926, 946, 966, and 986 specify the control requirements for the rules. 
Subsection (a) of each of these Sections requires an overall 81 percent 
reduction from each emission unit. A Board Note has been added to each 
subsection to clarify what is intended by the term ``emission unit.'' A 
further clarification of the Board Note has been provided in a June 16, 
1993, letter from Dennis Lawler, IEPA.
    Subpart UU contains the recordkeeping and reporting requirements 
for the non-CTG requirements in Subparts PP, QQ, RR, and TT and Section 
218.990 contains the recordkeeping and reporting requirements for 
exempt sources. Although these sections refer to emission units which 
are exempt, it should be noted that the owner or operator of such an 
exempt emission unit would need to submit records for the entire source 
to demonstrate that maximum theoretical emissions from all non-CTG and 
unregulated CTG operations are below the applicable cutoff. In those 
cases where one or more (but not all) emission units are exempt (as in 
218.920(d), 218.940(d), 218.960(d), and 218.980(d)), records must also 
be submitted documenting that each such emission unit is exempt.
    Illinois' major non-CTG VOC rules in Subparts PP, QQ, RR, and TT 
allow compliance via (1) Emission capture and control techniques which 
achieve an overall reduction in uncontrolled VOC emissions of at least 
81 percent from each emission unit, or (2) For coating lines, the 
daily-weighted average VOC content shall not exceed 3.5 pounds (lbs) 
VOC per gallon (gal) of coating, or (3) an equivalent alternative 
control plan which has been approved by the Agency and the USEPA in a 
federally enforceable permit or as a SIP revision.
    On December 17, 1992, (57 FR 59928) USEPA approved Illinois' 
existing Operating Permit program as satisfying 

[[Page 2426]]
USEPA's June 28, 1989, (54 FR 27274) five criteria regarding Federal 
enforceability. One of the criteria is that permits may not be issued 
that make less stringent any SIP limitation or requirement. USEPA's 
December 17, 1992, notice states that operating permits issued by 
Illinois in conformance with the five criteria (including the 
prohibition against States issuing operating permit limits less 
stringent than the regulations in the SIP) discussed in this notice 
will be considered federally enforceable. This notice also states 
Illinois' operating permit program allows USEPA to deem an operating 
permit not ``federally enforceable.''
    On July 21, 1992, USEPA promulgated a new part 70 of chapter 1 of 
title 40 of the Code of Federal Regulations. See 57 FR 32250. This new 
part 70 contains regulations, required by Title V of the Act, that 
require and specify the minimum elements of State operating permit 
programs. Part 70 is therefore an appropriate basis for evaluating the 
acceptability of Illinois' use of federally enforceable State operating 
permits (FESOP) and Title V permits in its VOC rules.
    Section 70.6(a)(1)(iii) states:
    If an applicable implementation plan allows a determination of an 
alternative emission limit at a part 70 source, equivalent to that 
contained in the plan, to be made in the permit issuance, renewal, or 
significant modification process, and the State elects to use such 
process, any permit containing such equivalency determination shall 
contain provisions to ensure that any resulting emissions limit has 
been demonstrated to be quantifiable, accountable, enforceable, and 
based on replicable procedures.
    USEPA has therefore determined that the alternative control 
requirement, submitted on March 4, 1994, in subsections 218.926(c), 
218.946(b), 218.966(b) and 218.986(c), is approvable because it 
requires that any alternative must be equivalent to the underlying SIP 
requirements (consistent with part 70) and USEPA can deem a permit 
containing an alternative control plan to be not ``federally 
enforceable'' if it determines that a permit is not quantifiable or 
practically enforceable or a permit relaxes the SIP. The underlying 
SIP, to which any equivalent alternative control plan must be compared, 
has federally enforceable control requirements, test methods, and 
recordkeeping and reporting requirements. In addition, IEPA's September 
13, 1995, letter contains the specific procedures for USEPA review and 
approval.
    Subsections 218.620(a)(1)(B), 218.920(a)(1)(B), 218.940(a)(1)(B), 
218.960(a)(1)(B), 218.980(a)(1)(B), along with the following 
subsections in conjunction with Section 211.4970 (the definition of 
``Potential to emit''): Subsections 218.620(b)(1), 218.920(b)(1), 
218.940(b)(1), 219.960(b)(1) and 218.980(b)(1), allow sources to avoid 
the applicability of specified major non-CTG rules, provided a source 
has a federally enforceable permit that limits emissions to below the 
applicable cutoff through capacity or production limitations. These 
subsections are approvable because USEPA can deem a permit to be ``not 
federally enforceable'' in a letter to IEPA. Upon issuance of such a 
letter, the source is no longer protected by the permit referenced in 
the subject subsections. The source would then be subject to the SIP 
requirements if its emissions exceed the applicable cutoff. This is 
consistent with USEPA's December 17, 1992, approval of Illinois' 
operating permit program which states: ``In approving the State 
operating program USEPA is determining that Illinois' program allows 
USEPA to deem an operating permit not `federally enforceable' for 
purposes of limiting potential to emit and to offset creditability.'' 
(57 FR 59928, 59930). IEPA has agreed to this approach and specified 
the applicable procedures in a March 26, 1993, letter to USEPA. In 
summary, these subsections are approvable because USEPA can invalidate 
the protection provided by an operating permit by deeming such 
operating permit to be ``not federally enforceable'' in a letter to 
IEPA.
    USEPA's ``generic major (based on potential emissions of 25 tons of 
VOC) non-CTG rules'' in subparts PP, QQ, RR and TT, do not apply to 
synthetic organic chemical industry (SOCMI) distillation, SOCMI 
reactors, wood furniture, plastic parts coating (business machines), 
plastic parts coating (other), offset lithography, industrial 
wastewater, autobody refinishing, SOCMI batch processing, volatile 
organic liquid storage tanks and clean-up solvent operations. In 
addition, bakeries (for which an Alternative Control Technology 
document was issued in December, 1992) are exempt from the control 
requirements in the generic rules. Out of these categories, Illinois 
has submitted adopted rules for USEPA approval for all except 
industrial wastewater, clean-up solvent operations, autobody 
refinishing, and bakeries. Autobody refinishing rules are not required 
to satisfy RACT requirements because there are no major autobody 
refinishing sources. Illinois' adopted major non-CTG rules are 
undergoing USEPA review and will be the subject of separate rulemaking 
actions.

Final Rulemaking Action

    For the reasons discussed above, USEPA approves the major non-CTG 
VOC RACT rules in Part 218 (for the Chicago ozone nonattainment area) 
that were submitted on October 21, 1993, and March 4, 1994. More 
specifically, this includes all sections of part 218 that were 
submitted on March 4, 1994, and Section 218.990 from the October 21, 
1993, submittal.
    On September 9, 1994, (FR 59 46562) USEPA approved a number of 
Illinois' VOC regulations which replaced a large part of the Chicago 
FIP, which was promulgated June 29, 1990 (55 FR 26814) and codified at 
40 CFR 52.741. This rule completes approval of Illinois' VOC 
regulations which, in combination with the rules approved on September 
9, 1994, replace the Chicago FIP, as the federally enforceable VOC 
rule, except as indicated below:
    (1) In accordance with Section 101(b), all FIP requirements remain 
in effect (and are enforceable after the effective date of this SIP 
revision) for the period prior to the effective date of this SIP 
revision.
    (2) Any source that received a stay, as indicated in Section 
218.103(a)(2), remains subject to the stay if still in effect, or (if 
the stay is no longer in effect) the federally promulgated rule 
applicable to such source.
    As of the effective date of this final action, these rules are the 
sole federally enforceable control strategy for sources of VOC located 
in the Chicago area.
    Because USEPA considers this action noncontroversial and routine, 
we are approving it without prior proposal. The action will become 
effective on March 26, 1996. However, if we receive adverse comments by 
February 26, 1996, then USEPA will publish a notice that withdraws this 
final action. If no request for a public hearing has been received, 
USEPA will address the public comments received in a new final rule on 
the requested SIP revision based on the proposed rule located in the 
proposed rules section of this Federal Register. If a public hearing is 
requested, USEPA will publish a notice announcing a public hearing and 
reopening the public comment period until 30 days after the public 
hearing. At the conclusion of this additional public comment period, 
USEPA will publish a final rule responding to the public comments 
received and announcing final action.

[[Page 2427]]

    This action has been classified as a Table 3 action by the Regional 
Administrator under the procedures published in the Federal Register on 
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993, 
memorandum from Michael H. Shapiro, former Acting Assistant 
Administrator for the Office of Air and Radiation. A July 10, 1995, 
memorandum from Mary D. Nichols, Assistant Administrator for the Office 
of Air and Radiation explains that the authority to approve/disapprove 
SIPs has been delegated to the Regional Administrators for Table 3 
actions. The Office of Management and Budget has exempted this 
regulatory action from Executive Order 12866 review.
    Nothing in this action should be construed as permitting, allowing 
or establishing a precedent for any future request for revision to any 
SIP. USEPA shall consider each request for revision to the SIP in light 
of specific technical, economic, and environmental factors and in 
relation to relevant statutory and regulatory requirements.
    Section 202 of the Unfunded Mandates Reform Act of 1995 (``Unfunded 
Mandates Act'') (signed into law on March 22, 1995) requires that the 
USEPA prepare a budgetary impact statement before promulgating a rule 
that includes a Federal mandate that may result in expenditure by 
State, local, and tribal governments, in aggregate, or by the private 
sector, of $100 million or more in any one year. Section 203 requires 
the USEPA to establish a plan for obtaining input from and informing, 
educating, and advising any small governments that may be significantly 
or uniquely affected by the rule.
    Under section 205 of the Unfunded Mandates Act, the USEPA must 
identify and consider a reasonable number of regulatory alternatives 
before promulgating a rule for which a budgetary impact statement must 
be prepared. The USEPA must select from those alternatives the least 
costly, most cost-effective, or least burdensome alternative that 
achieves the objectives of the rule, unless the USEPA explains why this 
alternative is not selected or the selection of this alternative is 
inconsistent with law.
    Because this final rule is estimated to result in the expenditure 
by State, local, and tribal governments or the private sector of less 
then $100 million in any one year, the USEPA has not prepared a 
budgetary impact statement or specifically addressed the selection of 
the least costly, most cost-effective, or least burdensome alternative. 
Because small governments will not be significantly or uniquely 
affected by this rule, the USEPA is not required to develop a plan with 
regard to small governments. This rule only approves the incorporation 
of existing state rules into the SIP. It imposes no additional 
requirements.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., USEPA 
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, USEPA 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 
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 impose any new requirements, I certify 
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 regulatory flexibility analysis would 
constitute Federal inquiry into the economic reasonableness of the 
State action. The Clean Air Act forbids USEPA to base its actions 
concerning SIPs on such grounds. Union Electric Co. v. USEPA., 427 U.S. 
246, 256-66 (S.Ct. 1976); 42 U.S.C. 7410(a)(2).
    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 26, 1996. 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, Intergovernmental relations, Ozone, 
Reporting and recordkeeping requirements.

    Authority: 42 U.S.C. 7401-7671q.

    Dated: November 1, 1995.
Valdas V. Adamkus,
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)(102) to read 
as follows:


Sec. 52.720  Identification of plan.

* * * * *
    (c) * * *
    (102) On October 21, 1993 and March 4, 1994, the State submitted 
volatile organic compound control regulations for incorporation in the 
Illinois State Implementation Plan for ozone.
    (i) Incorporation by reference.
    (A) Title 35: Environmental Protection, Subtitle B: Air Pollution, 
Chapter I: Pollution Control Board, chapter c: Emission Standards and 
Limitations for Stationary Sources, Part 211: Definitions and General 
Provisions, Subpart B: Definitions, Sections 211.270, 211.1070, 
211.2030, 211.2610, 211.3950, 211.4050, 211.4830, 211.4850, 211.4970, 
211.5390, 211.5530, 211.6110, 211.6170, 211.6250, 211.6630, 211.6650, 
211.6710, 211.6830, 211.7050. These sections were adopted on January 6, 
1994, Amended at 18 Ill. Reg. 1253, and effective January 18, 1994.
    (B) 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, Part 218: Organic Material Emissions Standards and Limitations 
for the Chicago Area, Subpart PP: 218.927, 218.928; Subpart QQ: 
218.947, 218.948; Subpart RR: 218.967, 218.968; Subpart TT: 218.987, 
218.988; Subpart UU: 218.990. These sections were adopted on September 
9, 1993, Amended at 17 Ill. Reg. 16636, effective September 27, 1993.
    (C) 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, Part 218: Organic Material Emissions Standards and Limitations 
for the Chicago Area, Subpart A: 218.106, 218.108, 218.112, 218.113; 
Subpart H: 218.402; Subpart Z: 

[[Page 2428]]
218.602, 218.611; Subpart AA: 218.620, 218.623 (repealed); Subpart CC; 
Subpart DD; Subpart PP: 218.920, 218.926; Subpart QQ: 218.940, 218.946; 
Subpart RR: 218.960, 218.966; Subpart TT: 218.980, 218.986; Subpart UU: 
218.991. These sections were adopted on January 6, 1994, Amended at 18 
Ill. Reg. 1945, effective January 24, 1994.
* * * * *
    3. Section 52.741 is amended by revising paragraph (a)(2) to read 
as follows:


Sec. 52.741  Control Strategy: Ozone control measures for Cook, DuPage, 
Kane, Lake, McHenry or Will County.

    (a) * * *
    (2) Applicability.
    (i) Effective October 11, 1994, 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, Part 218: Organic Material Emission 
Standards and Limitations for the Chicago Area replaces the 
requirements of 40 CFR 52.741 Control strategy: Ozone control measures 
for Cook, DuPage, Kane, Lake, McHenry and Will County as the federally 
enforceable control measures in these counties except as noted in 
paragraphs (a)(2)(i) (A) through (C) of this section.
    (A) Until March 26, 1996, Illinois' major non-CTG sources in the 
Chicago area, subject to paragraph u, v, w, or x because of the 
applicability criteria in these paragraphs, continue to be subject to 
paragraphs u, v, w, x, and in addition they remain subject to the 
recordkeeping requirements in paragraph y and any related parts of 
section 52.741 necessary to implement these paragraphs, e.g., those 
paragraphs containing test methods, definitions, etc.
    (B) In accordance with Section 218.101(b), all FIP requirements 
remain in effect and are enforceable after October 11, 1994, for the 
period prior to October 11, 1994 (and the major non-CTG FIP 
requirements specified in paragraph (a)(2)(i)(A) remain in effect and 
are enforceable after March 26, 1996 for the period prior to March 26, 
1996.
    (C) Any source that received a stay, as indicated in Section 
218.103(a)(2), remains subject to the stay if still in effect, or (if 
the stay is no longer in effect) the federally promulgated rule 
applicable to such source.
    (ii) Effective March 26, 1996, 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, Part 218: Organic Material Emission 
Standards and Limitations for the Chicago Area replaces the 
requirements of 40 CFR 52.741 Control strategy: Ozone control measures 
for Cook, DuPage, Kane, Lake, McHenry and Will County as the federally 
enforceable control measures in these counties except as noted in 
paragraphs (a)(2)(ii) (A) and (B) of this section.
    (A) In accordance with Section 218.101(b), all major non-CTG FIP 
requirements specified in paragraph (a)(2)(i)(A) remain in effect and 
are enforceable after March 26, 1996 for the period prior to March 26, 
1996.
    (B) Any source that received a stay, as indicated in Section 
218.103(a)(2), remains subject to the stay if still in effect, or (if 
the stay is no longer in effect) the federally promulgated rule 
applicable to such source.
* * * * *
[FR Doc. 96-1297 Filed 1-25-96; 8:45 am]
BILLING CODE 6560-50-P