[Federal Register Volume 61, Number 144 (Thursday, July 25, 1996)]
[Rules and Regulations]
[Pages 38577-38582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18649]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IL114-1-6788a; FRL-5540-5]
Approval and Promulgation of Implementation Plans; Illinois
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
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SUMMARY: On May 5, 1995, and May 31, 1995, the State of Illinois
submitted a State Implementation Plan (SIP) revision request to the
Environmental Protection Agency (EPA) establishing regulations for
motor vehicle refinishing operations in the Chicago and Metro-East
ozone nonattainment areas, as part of the State's 15 percent (%) Rate
of Progress (ROP) plan control measures for Volatile Organic Matter
(VOM) emissions. VOM, as defined by the State of Illinois, is identical
to ``volatile organic compounds'' (VOC), as defined by EPA. VOM
combines with oxides of nitrogen in the atmosphere to form ground-level
ozone, commonly known as smog. Exposure to ozone is associated with a
wide variety of human health effects, agricultural crop loss, and
damage to forests and ecosystems. ROP plans are intended to bring areas
which have been exceeding the public health based Federal ozone air
quality standard closer to attaining this standard. This SIP revision
contains rules which establish VOM content limits for certain coatings
and surface preparation products used in automobile and mobile
equipment refinishing operations in the Chicago and Metro-East areas,
as well as requires these operations to meet certain equipment and work
practice standards to further reduce VOM. Illinois expects that the
control measures specified in this SIP revision will reduce VOM
emissions by 16.30 tons per day (TPD) in the Chicago area and 1.2 TPD
in the Metro-East area. This rulemaking action approves, through direct
final, the Illinois motor vehicle refinishing rule SIP revision
request.
DATES: The ``direct final'' is effective on September 23, 1996, unless
EPA receives adverse or critical comments by August 26, 1996. If the
effective date is delayed, timely notice will be published in the
Federal Register.
ADDRESSES: Copies of the SIP revision request is available for
inspection at the following address: U.S. Environmental Protection
Agency, Region 5, Air and Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. (It is recommended that you
telephone Mark J. Palermo at (312) 886-6082 before visiting the Region
5 Office.)
Written comments should be sent to: J. Elmer Bortzer, Chief,
Regulation Development Section, Air Programs Branch (AR-18J), U.S.
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago,
Illinois 60604.
FOR FURTHER INFORMATION CONTACT: Mark J. Palermo at (312) 886-6082.
SUPPLEMENTARY INFORMATION:
I. Background
Section 182(b)(1) of the Clean Air Act (the Act) requires all
moderate and above ozone nonattainment areas to achieve a 15% reduction
of 1990 emissions of VOC (VOM) by 1996. In Illinois, the Chicago area
(Cook, DuPage, Kane, Lake, McHenry, Will Counties and Aux Sable and
Goose Lake Townships in Grundy County and Oswego Township in Kendall
County) is classified as ``severe'' nonattainment for ozone, while the
Metro-East area (Madison, Monroe, and St. Clair Counties) is classified
as ``moderate'' nonattainment. As such, these areas are subject to the
15% ROP requirement.
The Act specifies under section 182(b)(1)(C) that the 15% emission
reduction claimed under the ROP plan must be achieved through the
implementation of control measures through revisions to the SIP, the
promulgation of federal rules, or through permits under Title V of the
Act, by November 15, 1996. Control measures implemented before November
15, 1990, are precluded from counting toward the 15% reduction.
Illinois has adopted and submitted motor vehicle refinishing rules
for the control of VOM as a revision to the SIP for the purpose of
meeting the 15% ROP plan control measure requirement for the Chicago
and Metro-East ozone nonattainment areas. A public hearing on the rule
was held on December 16, 1994, in Chicago, Illinois. The rule was
adopted by the Illinois Pollution Control Board on April 20, 1995. The
rule became effective on May 9, 1995; it was published in the Illinois
State Register on May 19, 1995. The Illinois Environmental Protection
Agency (IEPA) formally submitted the motor vehicle refinishing rule to
EPA on May 5, 1995, as a revision to the Illinois SIP for ozone;
supplemental documentation to this revision was submitted on May
[[Page 38578]]
31, 1995. EPA made a finding of completeness in a letter dated July 13,
1995.
The May 5, 1995, and May 31, 1995 submittals include the following
new or revised rules:
Part 211: Definitions and General Provisions
Subpart B: Definitions
211.240 Adhesion Promoter
211.495 Anti-Glare/Safety Coating
211.685 Basecoat/Clearcoat System
211.1875 Elastomeric Materials
211.3915 Mobile Equipment
211.3960 Motor Vehicles
211.3965 Motor Vehicle Refinishing
211.5010 Precoat
211.5061 Pretreatment Wash Primer
211.5080 Primer Sealer
211.5090 Primer Surfacer Coat
211.6145 Specialty Coatings for Motor Vehicles
211.6540 Surface Preparation Materials
211.6620 Three or Four Stage Coating System
211.6695 Topcoat System
211.6720 Touch-Up Coating
211.6860 Uniform Finish Blender
Part 218: Organic Material Emission Standards and Limitations for
the Chicago Area
Subpart HH: Motor Vehicle Refinishing
218.780 Emission Limitations
218.782 Alternative Control Requirements
218.784 Equipment Specifications
218.786 Surface Preparation Materials
218.787 Work Practices
218.788 Testing
218.789 Monitoring and Recordkeeping for Control Devices
218.790 General Recordkeeping and Reporting
218.791 Compliance Date
218.792 Registration
Part 219: Organic Material Emission Standards and Limitations for
the Metro-East St. Louis Area
Subpart HH: Motor Vehicle Refinishing
219.780 Emission Limitations
219.782 Alternative Control Requirements
219.784 Equipment Specifications
219.786 Surface Preparation Materials
219.787 Work Practices
219.788 Testing
219.789 Monitoring and Record keeping for Control Devices
219.790 General Record keeping and Reporting
219.791 Compliance Date
219.792 Registration
The motor vehicle refinishing regulations contained in part 218 are
identical to those in part 219 except for the areas of applicability.
Part 218 applies to the Chicago area, while part 219 applies to the
Metro-East area. EPA's evaluation of these rules are as follows.
II. Evaluation of Rules
As previously discussed, this SIP submittal is required by the Act
to the extent that the rule submitted is part of the Illinois 15% ROP
plan.
A review of what emission reduction this SIP achieves for purposes
of the Illinois 15% ROP plans will be addressed when rulemaking on the
Chicago 15% ROP SIP, and the Metro-East 15% ROP SIP is taken. (EPA will
take rulemaking on the overall 15% ROP in subsequent rulemaking
action(s).) It should also be noted that Illinois' motor vehicle
refinishing rules are not required to be reviewed for purposes of
Reasonably Available Control Technology (RACT) requirements under the
Act because no motor vehicle refinishing facility in Illinois has the
potential to emit at least 25 tons of VOC, which would qualify a major
source for RACT purposes.
In order to determine the approvability of the Illinois motor
refinishing SIP, the rule was reviewed for its consistency with section
110 and part D of the Act, and its enforceability. Used in this
analysis were EPA policy guidance documents, including the draft
Control Techniques Guidelines (CTG) for motor vehicle refinishing; the
Alternative Control Techniques (ACT) document for motor vehicle
refinishing; and the June 1992, model VOC rules as they pertain to add-
on control systems. A discussion of the rule and EPA's rule analysis is
as follows.
Definitions
The new definitions added to part 211, which are based upon similar
definitions in the ACT and draft CTG, accurately describe the subject
industry, the subject and exempt coating categories, and the applicable
control methods and equipment specified in the rule. These definitions
are, therefore, approvable.
Sections 218/219.780 Emission Limitations
The emission limitations specified in these sections apply to all
owners or operators of a motor vehicle refinishing operation located in
the Chicago and Metro-East ozone nonattainment areas. ``Motor vehicle
refinishing'' is defined in this rule as any application of coating to
motor vehicle, mobile equipment, or their parts and components, which
is subsequent to the original coating applied at an original equipment
manufacturing plant (211.3965). In turn, ``motor vehicles'' means
automobiles, trucks, vans, motorcycles, or buses (211.3960). Finally,
``mobile equipment'' is any equipment which may be drawn or is capable
of being driven on a roadway, other than motor vehicles, including, but
not limited to, truck or automobile trailers, farm machinery,
construction equipment, street cleaners, and golf carts (211.3915).
Sections 218/219.780 establish VOM content limitations for
specified categories of coatings applied at each coating applicator
used in motor vehicle refinishing operations. Touch-up coatings,
however, are exempt from VOM content limitations (218/219.780(a))
``Touch-up coatings'' are defined in the rule as coatings applied by
brush or hand held, non-refillable aerosol cans to repair minor surface
damage and imperfections (211.6720).
Likewise, sections 218/219.786 provide VOM content limits for
surface preparation products, which are used to remove foreign matter,
such as wax, tar, grease, and silicone from the surface to be coated.
The specific VOM content limitation for each coating and surface
preparation material category is as follows, expressed as units of VOM
per volume of coating or product applied at each coating or product
applicator, minus water and any compounds that are specifically
exempted from the definition of VOM:
------------------------------------------------------------------------
kg/l lb/gal
------------------------------------------------------------------------
(1) Pretreatment wash primer........................ 0.78 6.5
(2) Precoat......................................... 0.66 5.5
(3) Primer/primer surfacer coating.................. 0.58 4.8
(4) Primer sealer................................... 0.55 4.6
(5) Topcoat system or basecoat/clearcoat............ 0.60 5.0
(6) Three or four stage topcoat system.............. 0.63 5.2
(7) Specialty coatings.............................. 0.84 7.0
(8) Anti-glare/safety coating....................... 0.84 7.0
(9) Plastic parts preparation product............... 0.78 6.5
(10) Preparation Products for other substrates...... 0.17 1.4
------------------------------------------------------------------------
These emission limitations are generally based on ``option 1''
coating limits in the draft CTG. The Illinois rule requires that all
coatings must be used according to manufacturer's specifications and if
the coating is mixed with additives prior to application, this mixing
cannot create a violation of the VOM content limitations (218/
219.780(b)).
Further, specialty coatings must represent no more than 5 percent,
by volume, of all coatings applied by a source on a monthly basis (218/
219.780(c)). This requirement is based upon a draft CTG recommendation
to
[[Page 38579]]
assure that specialty coatings are not used as substitutes for coatings
which are subject to more stringent emission limits. Specialty coatings
for motor vehicles are defined as coatings used for unusual job
performance requirements, including, but not limited to, adhesion
promoters, uniform finish blenders, elastomeric materials, gloss
flatteners, and bright metal trim repair (211.6145).
The rule also contains equations based on those contained in the
draft CTG to determine the weighted average VOM content of topcoat
systems, which include clearcoat/basecoat and three or four stage
topcoat systems (218/219.780(d)). This average must be at or below the
limit to be in compliance.
Sections 218/219.782 Alternative Control Requirements
As an alternative to complying with the coating requirements of
this rule, sections 218/219.782 allow a subject motor vehicle
refinishing operation to operate control equipment that reduces VOM at
the source by at least 90 percent. Subsection (b) states that a
facility may operate either an afterburner or carbon adsorber, or use
an equivalent alternative control plan if approved by the IEPA and EPA
through federally enforceable permit conditions.
On December 17, 1992 (57 FR at 59928), EPA approved Illinois'
existing Operating Permit program as satisfying EPA's June 28, 1989 (57
FR at 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. EPA's December 17, 1992, rulemaking
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 the June 28, 1989, rulemaking will be considered federally
enforceable. The December 17, 1992, rulemaking also states Illinois'
operating permit program allows EPA to deem an operating permit not
``federally enforceable.''
On July 21, 1992, EPA promulgated a new part 70 of chapter 1 of
title 40 of the Code of Federal Regulations (CFR) (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 VOM rules.
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.
EPA has therefore determined that section 218/219.782(b), is
approvable because it requires that any alternative must be equivalent
to the underlying SIP requirements (consistent with part 70) and EPA
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 record keeping and reporting requirements. The procedures
for EPA's approval of these alternative control plans are specified in
a September 13, 1995, letter from the IEPA to Region 5 of the EPA.
Sections 218/219.784 Equipment Specifications
Besides meeting VOM content limits for coatings and surface
preparation materials, motor vehicle refinishing operations in the
Chicago and Metro East nonattainment areas using 20 or more gallons of
coating per calendar year are required by sections 218/219.784 to coat
motor vehicles, mobile equipment, or their parts and components using
either electrostatic or high volume low pressure (HVLP) spray
equipment. Electrostatic spray is already defined in part 211 as a
spray coating method in which opposite electrical charges are applied
to the substrate and the coating; the coating is attracted to the
object due to the electrostatic potential between them (211.1890).
Likewise, HVLP spray is defined as equipment used to apply coatings by
means of a spray gun which operates between 0.1 and 10 pounds per
square inch gauge (psig) air pressure (211.2990). These two definitions
have already been approved in a prior rulemaking action on September 9,
1994 (See 59 FR at 46562). The spray guns are required by the Illinois
rule to be calibrated, operated, and maintained in accordance with the
manufacturer's specifications. Use of this equipment increases the
transfer efficiency of the coating from the applicator to the surface,
thereby reducing overspray and resultant VOM emissions.
Facilities which apply 20 or more gallons of coating per year are
also required under sections 218/219.784 to clean all coating
applicators with a device that recirculates solvent during the cleaning
process, collects spent solvent so it is available for disposal or
recycling, and minimizes evaporation of solvents during cleaning,
rinsing, draining, and storage.
Sections 218/219.786 Surface Preparation Materials
These sections are discussed in conjunction with sections 218/
219.780 above.
Sections 218/219.787 Work Practices
Sections 218/219.787 require that every motor vehicle refinishing
operation in the Chicago and Metro-East ozone nonattainment areas
ensures that fresh and spent solvent, cloth or paper used to apply
solvent for surface preparation or cleanup, waste paint, and sludge are
stored in closed containers. This is intended to reduce evaporation of
solvent and resultant VOM emissions. Further, facilities which are
exempt from equipment specifications because they use less than 20
gallons of coating per year must direct solvent used to clean coating
applicator equipment and paint lines into a container for proper
disposal or recycling.
Sections 218/219.788 Testing
Under sections 218/219.787, motor vehicle refinishing facilities
are required, upon the request of IEPA, to conduct tests in order to
demonstrate compliance with VOM limits or control device requirements.
These tests are to be done in accordance with the applicable test
methods and procedures specified in sections 218/219.105, which were
approved and incorporated into the Illinois SIP on September 9, 1994
(See 59 FR at 46562).
The facility shall notify IEPA 30 days prior to conducting such
tests, as well as submit all test results to IEPA within 45 days after
completion of the tests. In addition, sections 218/219.788 state that
nothing in these sections shall limit the authority to require testing
or inspect facilities under section 114 of the Act.
Sections Section 218/219.789 Monitoring and Record keeping for Control
Devices
Sources using add-on control devices to comply with this rule are
required under sections 218/219.789 to install and operate equipment to
continuously monitor each control device as specified
[[Page 38580]]
in sections 218/219.105(d)(2)(A), which was approved and incorporated
into the SIP on September 9, 1994 (See 59 FR at 46562). Facilities must
also keep and maintain for three consecutive years records of
parameters for control devices as monitored, as well as logs of
operating time and maintenance of the control device and monitoring
equipment, and make all such records available to IEPA immediately upon
request. These requirements are generally consistent with those
provided in the June 1992 VOC model rules for add-on control devices.
An alternative monitoring method, or monitoring of other parameters
than required, can be used if approved by the IEPA and EPA through
federally enforceable permit conditions. As discussed previously for
alternative control plans under section 218/219.782, EPA approved, on
December 17, 1992 (57 FR at 59928), Illinois' existing Operating Permit
program as satisfying EPA's June 28, 1989 (57 FR at 27274), five
criteria regarding Federal enforceability. Moreover, these federally
enforceable permit conditions are subject to the approvability criteria
outlined in the July 21, 1992, rulemaking establishing 40 CFR part 70
(57 FR 32250). The procedures for EPA's review and approval for these
alternative monitoring methods and parameters are specified in a
September 13, 1995, letter from IEPA to Region 5 of EPA. These sections
are, therefore, approvable.
Section 218.219 General Record keeping and Reporting
All motor vehicle refinishing operations in the Chicago and Metro-
East ozone nonattainment areas shall keep the following records on a
monthly basis for three consecutive years, and the records shall be
available to IEPA immediately upon request, as required by sections
218/219.790:
(a) the name and manufacturer of each coating and surface
preparation product used at the facility each month;
(b) the volume of each category of coating purchased (specified
according to emission limit categories) by the facility each month;
(c) the coating mixing instructions, as specified and supplied by
the manufacturer, for each coating purchased each month;
(d) the VOM content, expressed as weight of VOM per volume of
coating, minus water and any compounds that are specifically exempted
from the definition of VOM, recorded on a monthly basis for:
(1) each coating as purchased, if not to be mixed with additives
prior to application on the substrate; or,
(2) each coating after mixing according to the manufacturer's
instructions;
(e) the weighted average VOM content of each basecoat/clearcoat,
and three or four stage coating system purchased by the source,
recorded on a monthly basis;
(f) the total monthly volume of all specialty coatings purchased
and the percentage specialty coatings comprised in the aggregate of all
coatings purchased by the source each month;
(g) the volume of each category of surface preparation material, as
specified by the emission limit categories, purchased by the source
each month;
(h) the VOM content, expressed as weight of VOM per volume of
material, including water, of each surface preparation material
purchased by the source, recorded on a monthly basis.
Although the draft CTG for motor vehicle refinishing recommends
that rules require daily record keeping of coatings and additives to
determine compliance, Illinois indicates that the State rule's
requirements are adequate for the following reasons. On April 30, 1996,
EPA proposed a National rule requiring motor vehicle refinishing
manufacturers to meet coating emission limits that are as stringent as,
or tighter than, the coating limits required under the Illinois rule
(See 61 FR 19005). This rule is required to be made final by March,
1997, as established under the schedule for promulgating consumer and
commercial products, which was published on March 23, 1995 (See 56 FR
at 15264). The Federal rule for motor vehicle refinishing coating
manufacturers, once final, will assure that coating purchases made by
refinishing operations covered under the Illinois rule, will, when
prepared for application according to the manufacturer's mixing
instructions, meet the applicable VOM content limit. Illinois further
indicates that based on extensive outreach with the affected motor
vehicle refinishing industry, the State is assured that manufacturer's
mixing instructions are strictly followed because the industry is
dependent on using these instructions in conjunction with computerized
mixing equipment, in order to obtain customer satisfaction with the
color match of the finished job, and to properly adhere to the
conditions of the coating manufacturer's warranty.
Finally, although certain record keeping requirements are required
for touch-up coatings exemptions under rules for other coating source
categories to ensure the exempted coatings are being used as
substitutes for covered coatings, such record keeping does not need to
be kept for motor vehicle refinishing touch-up coatings exempted under
section 218/219.780, because these coatings are typically dispensed
from small containers and are not capable of being used as substitutes
for the subject coatings.
Based on the reasons outlined above, EPA finds that the Illinois
rule's record keeping is acceptable for determining compliance.
Section 218/219.791 Compliance Date
Sections 218/219.791 require that every motor vehicle refinishing
operation in the Chicago and Metro-East ozone nonattainment areas
comply with applicable requirements of this rule by March 15, 1996,
upon modification, or upon initial start-up.
Section 218/219 Registration
In accordance with sections 218/219.792, each motor vehicle
refinishing operation shall report to the IEPA before or on its
compliance date and annually thereafter the following information: a
description of all coating operations of all refinishing and associated
surface preparation operations at the source, along with a description
of all coating applicators, cleanup operations, and work practices at
the source; certification that the source uses less than 20 gallons of
coating per year (if applicable); a written declaration stating whether
the source is in compliance with coating VOM content limits or
compliance with control device requirements; and a description of any
control device used and when the device became operational. These
reporting requirements are acceptable.
IV. Final Rulemaking Action
The EPA approves, through direct final, the Illinois SIP revision
request governing the control of VOM from motor vehicle refinishing
facilities in the Chicago and Metro-East ozone nonattainment areas.
V. Procedural Background
A. Direct Final Action
The EPA is publishing this action without prior proposal because
EPA views this action as a noncontroversial revision and anticipates no
adverse comments. However, EPA is publishing a separate document in
this Federal Register publication, which constitutes a ``proposed
approval'' of the requested SIP revision and clarifies that the
rulemaking will not be deemed final if timely adverse or critical
comments are filed. The ``direct final'' approval shall be effective on
September 23, 1996,
[[Page 38581]]
unless EPA receives adverse or critical comments by August 26, 1996. If
EPA receives comments adverse to or critical of the approval discussed
above, EPA will withdraw this approval before its effective date by
publishing a subsequent Federal Register document which withdraws this
final action. All public comments received will then be addressed in a
subsequent rulemaking document. Any parties interested in commenting on
this action should do so at this time. If no such comments are
received, EPA hereby advises the public that this action will be
effective on September 23, 1996.
B. 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.
C. Applicability to Future SIP Decisions
Nothing in this action should be construed as permitting, allowing
or establishing a precedent for any future request for revision to any
SIP. EPA 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.
D. Unfunded Mandates
Section 202 of the Unfunded Mandates Reform Act of 1995 (``Unfunded
Mandates Act'') (signed into law on March 22, 1995) requires that the
EPA 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 EPA 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 EPA must
identify and consider a reasonable number of regulatory alternatives
before promulgating a rule for which a budgetary impact statement must
be prepared. The EPA must select from those alternatives the least
costly, most cost-effective, or least burdensome alternative that
achieves the objectives of the rule, unless the EPA explains why this
alternative is not selected or the selection of this alternative is
inconsistent with law.
This final rule only approves the incorporation of existing state
rules into the SIP and imposes no additional requirements. This rule is
estimated to result in the expenditure by State, local, and tribal
governments or the private sector of less than $100 million in any one
year. EPA, therefore, has not prepared a budgetary impact statement or
specifically addressed the selection of the least costly, most cost-
effective, or least burdensome alternative. Furthermore, because small
governments will not be significantly or uniquely affected by this
rule, the EPA is not required to develop a plan with regard to small
governments.
E. Regulatory Flexibility Analysis
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. (5 U.S.C. 603 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
Clean Air Act do not create any new requirements, but simply approve
requirements a State has already imposed. 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 EPA to base its actions
concerning SIPs on such grounds. Union Electric Co. v. EPA., 427 U.S.
246, 256-66 (S.Ct. 1976); 42 U.S.C. section 7410(a)(2).
F. Submission to Congress and the General Accounting Office
Under section 801(a)(1)(A) of the Administrative Procedure Act
(APA) as amended 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 section 804(2) of the
APA as amended.
G. Petitions for Judicial Review
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 September 23, 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, Incorporation by
reference, Ozone, Volatile organic compounds.
Dated: July 3, 1996.
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)(120) to read
as follows:
Sec. 52.720 Identification of plan.
* * * * *
(c) * * *
(120) On May 5, 1995, and May 31, 1995, the State of Illinois
submitted a rule for motor vehicle refinishing operations, which
consisted of new volatile organic material (VOM) emission limitations
to the Ozone Control Plan for the Chicago and Metro East St. Louis
areas. This State Implementation Plan revision contains rules which
establish VOM content limits for certain coatings and surface
preparation products used in automobile and mobile equipment
refinishing operations in the Chicago and Metro-East area, as well as
requires these operations to meet certain equipment and work practice
standards to further reduce VOM.
[[Page 38582]]
(i) Incorporation by reference. Illinois Administrative Code, Title
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I:
Pollution Control Board, Subchapter c: Emissions Standards and
Limitations for Stationary Sources.
(A) Part 211: Definitions and General Provisions, Subpart B;
Definitions, Sections 211.240 Adhesion Promoter, 211.495 Anti-Glare/
Safety Coating, 211.685 Basecoat/Clearcoat System, 211.1875 Elastomeric
Materials, 211.3915 Mobile Equipment, 211.3960 Motor Vehicles, 211.3965
Motor Vehicle Refinishing, 211.5010 Precoat, 211.5061 Pretreatment Wash
Primer, 211.5080 Primer Sealer, 211.5090 Primer Surfacer Coat, 211.6145
Specialty Coatings for Motor Vehicles, 211.6540 Surface Preparation
Materials, 211.6620 Three or Four Stage Coating System, 211.6695
Topcoat System, 211.6720 Touch-Up Coating, 211.6860 Uniform Finish
Blender, amended at 19 Ill. 6823, effective May 9, 1995.
(B) Part 218: Organic Material Emission Standards and Limitations
for the Chicago Area, Subpart HH; Motor Vehicle Refinishing, Sections
218.780 Emission Limitations, 218.782 Alternative Control Requirements,
218.784 Equipment Specifications, 218.786 Surface Preparation
Materials, 218.787 Work Practices, 218.788 Testing, 218.789 Monitoring
and Record keeping for Control Devices, 218.790 General Record keeping
and Reporting, 218.791 Compliance Date, 218.792 Registration, amended
at 19 Ill. 6848, effective May 9, 1995.
(C) Part 219: Organic Material Emissions Standards and Limitations
for the Metro-East Area, Subpart HH; Motor Vehicle Refinishing,
Sections 219.780 Emission Limitations, 219.782 Alternative Control
Requirements, 219.784 Equipment Specifications, 219.786 Surface
Preparation Materials, 219.787 Work Practices, 219.788 Testing, 219.789
Monitoring and Record keeping for Control Devices, 219.790 General
Record keeping and Reporting, 219.791 Compliance Date 219.792
Registration, amended at 19 Ill. Reg. 6958, effective May 9, 1995.
* * * * *
[FR Doc. 96-18649 Filed 7-24-96; 8:45 am]
BILLING CODE 6560-50-P