Federal Register / Vol. 61, No. 18 / Friday, January 26, 1996 / Rules and Regulations 2423

5; Section 25—25(c)(4)(vi) by changing

calibrated to calculated; Section 29—

29(i)(3)(i)(A) by correcting 0.09 to 0.044

in Hg, 29(i)(3)(i)(B) by correcting 0.09 to

0.044 in Hg; Section 30—30(b) by

deleting definitions of liquid mounted

seal and vapor mounted seal that were

added in Section 2—Definitions;

Section 31—31(b) by deleting definition

of internal floating roof that was added

to Section 2—Definitions, 31(e)(ii) by

correcting letter i to ii; Section 33—

33(f)(3) by correcting (c)(3)(i)(B) to

(c)(3)(ii)(B), Section 35—35(c)(2)(i) by

adding weight, 35(c)(3)(i) by adding by

weight; Section 37—37(a)(1) by deleting

of press ready ink; Section 43—43(a)(1)

by renumbering section 13 to 10 and

section 42 to 49; Appendix A—(a) by

renumbering section 13(c)(1) or section

14 through 43 to section 19 through 50;

Appendix D—(a)(2)(iii)(4) by deleting to

be published, effective November 29,

1994.

(ii) Additional Material.

(A) Remainder of December 19, 1994

State submittal pertaining to Regulation

24 referenced in paragraphs (c)(54)(i).

[FR Doc. 96–1299 Filed 1–25–96; 8:45 am]

BILLING CODE 6560–50–P

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.

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 postenactment 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.
2424 Federal Register / Vol. 61, No. 18 / Friday, January 26, 1996 / Rules and Regulations

1The 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.

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.

On October 21, 1993, and March 4,

1994, IEPA submitted VOC rules for the

Chicago ozone severe nonattainment

area.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 nonCTG 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.

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 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.

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
Federal Register / Vol. 61, No. 18 / Friday, January 26, 1996 / Rules and Regulations 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
2426 Federal Register / Vol. 61, No. 18 / Friday, January 26, 1996 / Rules and Regulations

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 cleanup 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.
Federal Register / Vol. 61, No. 18 / Friday, January 26, 1996 / Rules and Regulations 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-forprofit 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:

§ 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:
2428 Federal Register / Vol. 61, No. 18 / Friday, January 26, 1996 / Rules and Regulations

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:

§ 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 nonCTG 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

40 CFR Part 52

[IL99–2–7003, IN46–2–7004, MI33–2–7005,

WI47–2–7006; FRL–5402–8]

Approval of a Section 182(f)

Exemption; Illinois, Indiana, Michigan,

and Wisconsin

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: As requested by the States of

Illinois, Indiana, Michigan, and

Wisconsin in a July 13, 1994 submittal

pursuant to section 182(f)(3) of the

Clean Air Act (CAA or the Act), the EPA

is granting exemptions from the

Reasonably Available Control

Technology (RACT) and New Source

Review (NSR) requirements for major

stationary sources of Oxides of Nitrogen

(NOX) and from vehicle Inspection/

Maintenance (I/M) and general

conformity requirements for NOX for

ozone nonattainment areas within the

Lake Michigan Ozone Study (LMOS)

modeling domain, which includes

portions of the States of Illinois,

Indiana, Michigan, and Wisconsin. The

EPA is also granting exemptions from

transportation conformity requirements

for NOX for ozone nonattainment areas

classified as marginal or transitional

within the LMOS modeling domain.

The EPA is approving the exemptions

based on a demonstration that

additional NOX reductions would not

contribute to attainment of the National

Ambient Air Quality Standard (NAAQS)

for ozone within the LMOS modeling

domain. The EPA is not taking final

action at this time on the granting of

exemptions from the transportation

conformity requirements of the CAA for

ozone nonattainment areas classified as

moderate or above in the LMOS

modeling domain. The continued

approval of these exemptions is

contingent on the results of the final

ozone attainment demonstrations and

plans. These plans are expected to be

submitted by mid-1997 and to

incorporate the results of the Ozone

Transport Assessment Group process.

The attainment plans will supersede the

initial modeling information which is

the basis for the waiver EPA is granting

in this document. To the extent the

attainment plans include NOX controls

on certain major stationary sources in

the LMOS ozone nonattainment areas,

EPA will remove the NOX waiver for

those sources. To the extent the final

plans achieve attainment of the ozone

standard without additional NOX

reductions from certain sources, the

NOX emissions control exemption

would continue for those sources. EPA’s

rulemaking action to reconsider the

initial NOX waiver may occur

simultaneously with rulemaking action

on the attainment plans.

DATES: This final rule will be effective

February 26, 1996.

ADDRESSES: Copies of the exemption

request, public comments and EPA’s

responses are available for inspection at

the following address: United States

Environmental Protection Agency,

Region 5, Air and Radiation Division, 77

West Jackson Boulevard, Chicago,

Illinois 60604.

FOR FURTHER INFORMATION CONTACT:

Edward Doty, Regulation Development

Section (AR–18J), Regulation

Development Branch, Air and Radiation

Division, United States Environmental

Protection Agency, Region 5, 77 West

Jackson Boulevard, Chicago, Illinois

60604, Telephone Number (312) 886–

6057.

SUPPLEMENTARY INFORMATION:

I. Background Information

On July 13, 1994, the States of Illinois,

Indiana, Michigan, and Wisconsin

submitted a petition to the EPA

requesting that the ozone nonattainment

areas within the LMOS modeling

domain be exempted from requirements

to implement NOX controls pursuant to

section 182(f) of the Act. The exemption

request is based on modeling

demonstrating that additional NOX

emission controls within the

nonattainment areas will not contribute