[Federal Register Volume 64, Number 10 (Friday, January 15, 1999)]
[Rules and Regulations]
[Pages 2581-2585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1018]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IL176-1a; FRL-6215-3]
Approval and Promulgation of Implementation Plan; Illinois
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: On September 16, 1998, the State of Illinois submitted to EPA
amendments to Volatile Organic Material (VOM) rules affecting Illinois'
ozone attainment area (the area of the State not including the Chicago
and Metro-East ozone nonattainment areas), as a requested revision to
the ozone State Implementation Plan (SIP). VOM, as defined by the State
of Illinois, is identical to ``Volatile Organic Compounds'' (VOC), as
defined by EPA. The amendments contain various deletions of obsolete
provisions, changes of some word usage to comport with other Illinois
VOM regulations, and the addition of certain exemptions from VOM
coating requirements. This rulemaking action approves, using the direct
final process, the Illinois SIP revision request.
DATES: This rule is effective on March 16, 1999, unless EPA receives
adverse written comments by February 16, 1999. If adverse comment is
received, EPA will publish a timely withdrawal of the rule in the
Federal Register and inform the public that the rule will not take
effect.
ADDRESSES: Written comments should be sent to: J. Elmer Bortzer, Chief,
[[Page 2582]]
Regulation Development Section, Air Programs Branch (AR-18J), U.S.
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago,
Illinois 60604. Copies of the revision request for this rulemaking
action are 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.)
FOR FURTHER INFORMATION CONTACT: Mark J. Palermo, Environmental
Protection Specialist, at (312) 886-6082.
SUPPLEMENTARY INFORMATION:
I. Background
Illinois' SIP for ozone contains several regulations under 35
Illinois Administrative Code (Ill.Adm.Code) 215, which require VOM
controls for stationary sources located in Illinois' attainment area
(the area of the State not including the Chicago and Metro-East ozone
nonattainment areas).\1\ Part 215 originally contained VOM control
rules applicable to sources within the entire State. However, as Clean
Air Act (Act) requirements for VOM control became more stringent for
ozone nonattainment areas, Illinois established Parts 218 and 219 to
contain VOM regulations for the Chicago and Metro-East nonattainment
areas, respectively. Part 215 remained by default to cover sources
outside the nonattainment areas.
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\1\ The Chicago ozone nonattainment area includes Cook, DuPage,
Kane, Lake, McHenry, and Will Counties and Aux Sable and Goose Lake
Townships in Grundy County and Oswego Township in Kendall County.
The Metro-East nonattainment area includes Madison, Monroe, and St.
Clair Counties. See 40 CFR 81.314.
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On October 28, 1997, the Illinois Environmental Protection Agency
(IEPA) filed proposed ``clean-up'' amendments to Part 215 with the
Illinois Pollution Control Board (Board). The amendments contain
various deletions of obsolete provisions, changes of some word usage to
comport Part 215 with other Illinois VOM regulations, and the addition
of certain exemptions from VOM coating requirements. Public hearings
were held on December 18, 1997, in Chicago, Illinois and on December
22, 1997, in Springfield, Illinois. An Economic Impact hearing was held
on March 30, 1998, in Springfield, Illinois.
On June 4, 1998, the Board adopted a Final Opinion and Order for
the Part 215 clean-up amendments. On July 6, 1998, the amended rules
were published in the Illinois Register. The specific sections of Part
215 which have been amended are as follows:
Subpart A: General Provisions
215.104 Definitions
215.109 Monitoring for Negligibly-Reactive Compounds
Subpart F: Coating Operations
215.204 Emission Limitations for Manufacturing Plants
215.205 Alternative Emission Limitations
215.206 Exemptions from Emission Limitations
215.207 Compliance by Aggregation of Emissions Units
215.211 Compliance Dates and Geographical Areas
215.212 Compliance Plan
215.214 Roadmaster Emissions Limitations (Repealed)
Subpart Z: Dry Cleaners
215.601 Perchloroethylene Dry Cleaners (Repealed)
215.602 Exemptions (Repealed)
215.603 Leaks (Repealed)
215.604 Compliance Dates and Geographical areas (Repealed)
215.605 Compliance Plan (Repealed)
215.606 Exception to Compliance Plan (Repealed)
The amendments to the Part 215 rules are summarized as follows.
Definitions
Several definitions contained under Part 215 are identical to
definitions contained in Part 211. Illinois has deleted these identical
definitions from Part 215. Section 215.104 indicates that the
definitions under Part 211 shall apply to Part 215. In addition, the
definition of ``Reid Vapor Pressure'' under 215.104 is amended to
include the correct abbreviation of pounds per square inch absolute.
Replacement of ``Source'' by ``Emission Unit''
``Emission unit'' has become the standard term of art used
throughout federal and State VOM regulations. Therefore, references
under Part 215 to ``source'' or ``emission source'' have been replaced
by ``emission unit'' to reflect current usage.
2,500 gallon/year Coating Exemption
Part 215 provides for VOM content limitations for coating
operations. Previous to these amendments, section 215.206 had allowed
coating plants an exemption from coating emission limitations if a
coating plant's emission of VOM is limited by operating permit to not
exceed 22.7 megagrams/year (25 tons/year), in the absence of air
pollution control equipment. The amendments expand the exemption to
coating plants in which the total coating usage does not exceed 9,463
liters/year (2,500 gallons/year).
IEPA knows of one source which would be affected by this exemption,
Sundstrand Aerospace Division of Sundstrand Corporation (Sundstrand),
in Rockford, Illinois. Sundstrand has two coating plants in which the
majority of the VOM emissions come from degreasing rather than coating
operations. Since the definition of ``Coating Plant'' at section
211.1250 includes the entire building in which the coating occurs, VOM
emissions from all emission units housed in the same building as a
coating unit would be included in determining whether the 25 tons/year
exemption would apply to that coating unit. According to IEPA, the two
Sundstrand plants have been meeting the 25 tons/year exemption, but
cannot increase production without losing the exemption. Since
degreasing operations are already subject to VOM emission control under
Part 215, IEPA does not believe that a 2,500 gallon/year coating
exemption for each coating plant would negatively impact air quality.
Illinois knows of no other source besides Sundstrand which would be
impacted by this new exemption.
Touch-up and Repair Coating Exemption
An exemption from VOM coating limitations has been added to section
215.206 for touch-up and repair coatings. The exemption provides that
touch-up and repair coatings are exempt from emission limitations
provided that the source-wide volume of such coatings does not exceed
0.95 liters (1 quart) per eight-hour period, or exceed 209 liters/year
for any rolling twelve-month period. ``Touch-up and repair coating'' is
defined as any coating used to cover minor scratches and nicks that
occur during manufacturing or assembly processes. The exemption
provision requires certain recordkeeping and reporting requirements to
ensure that the exemption is properly used. This exemption is based on
the touch-up and repair coating exemption which has been added to Parts
218 and 219 under section 218/219.208, and approved as revisions to the
SIP on February 13, 1996 (see 61 FR 5511).
Roadmaster Site-Specific Rule Repealed
Section 215.214 contains a site-specific coating rule applicable to
the Roadmaster Corporation's facility located in Olney, Illinois.
Roadmaster has indicated to IEPA that it has shut down the coaters to
which the site-
[[Page 2583]]
specific rule applies, and that it wishes to have the site-specific
rule withdrawn. The rule has therefore been repealed through these
amendments.
Perchloroethylene Dry Cleaner Rule Repealed
The amendments delete all regulatory requirements pertaining to
perchloroethylene dry cleaners found in part 215. Perchloroethylene was
delisted as a VOM by the EPA on February 7, 1996 (see 61 FR 4588). On
February 7, 1997, the Board adopted a final rulemaking delisting
perchloroethylene as VOM under State regulations. The State has deleted
the perchloroethylene dry cleaner requirements from Part 215 because
the rules are no longer necessary given that perchloroethylene
negligibly contributes to ozone formation, and that perchloroethylene
dry cleaners are now regulated under National Emission Standards for
Hazardous Air Pollutant (NESHAP) regulations promulgated September 22,
1993 (58 FR 49354).
II. EPA Review of SIP Revision
Section 110(l) of the Clean Air Act (Act) allows EPA to approve
revisions to the SIP as long as the revision would not interfere with
any applicable requirement concerning attainment and reasonable further
progress and any other applicable requirement under the Act. Since the
part 215 rules affect only the ozone attainment area, Reasonably
Available Control Technology (RACT) or Rate-Of-Progress (ROP)
requirements for VOM rules pursuant to section 182 of the Act do not
apply. Rather, with this SIP revision, EPA needs to determine whether
these rule amendments will interfere with maintenance of the ozone
National Ambient Air Quality Standard (NAAQS) in the Illinois
attainment area.
The part 215 revision relaxes the SIP in three areas: the 2,500
gallon coating exemption for coating plants; the touch-up and repair
coating exemption; and the deletion of perchloroethylene dry cleaning
rules.
The 2,500 gallon coating exemption is expected to affect only two
coating plants in the Illinois attainment area, both controlled by
Sundstrand Corporation. The IEPA has determined that the exemptions
should not impact air quality due to the fact that no other sources are
known to be affected besides Sundstrand, that the majority of
Sundstrand's coating plant emissions are controlled under degreasing
rules, and the general applicability threshold for permitting coating
plants in the Illinois attainment area is 5,000 gallons. The EPA agrees
that the 2,500 gallon coating exemption will not impact maintenance of
the ozone NAAQS in the Illinois attainment area.
As for the touch-up coating and repair exemption, EPA has already
approved a 0.95 liter (1 quart) per eight-hour/209 liter (55 gallons)
per year exemption for touch up and repair coatings for the Illinois
nonattainment areas, and such exemption is acceptable under EPA policy.
The exemption has sufficient recordkeeping and reporting requirements
to ensure enforceability. EPA finds that such exemption will not impact
maintenance of the ozone NAAQS in the Illinois attainment area.
Finally, since EPA has found perchloroethylene emissions negligibly
contribute to ozone formation, perchloroethylene dry cleaning rules are
no longer necessary to maintain the ozone standard in the Illinois
attainment area. As was noted in EPA's February 7, 1996, rulemaking
which delisted perchloroethylene as a VOC, EPA believes that the
control of perchloroethylene under NESHAP rules is the proper approach
to controlling these emissions.
In summary, the exemptions as well as other changes made to the
part 215 amendments are approvable under section 110(l) of the Act.
III. Final Rulemaking Action
In this rulemaking action, EPA approves the September 16, 1998,
Illinois SIP revision submittal, which will make Part 215 VOM
attainment area rule amendments federally enforceable. The EPA is
publishing this action without prior proposal because EPA views this as
a noncontroversial revision and anticipates no adverse comments.
However, in a separate document in this Federal Register publication,
the EPA is proposing to approve the SIP revision should specified
adverse written comments be filed.
This action will be effective without further notice unless EPA
receives relevant adverse written comment by February 16, 1999. Should
the Agency receive such comments, it will publish a final rule
informing the public that this action will not take effect. Any parties
interested in commenting on this action should do so at this time. If
no such comments are received, the public is advised that this action
will be effective on March 16, 1999.
IV. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order (E.O.) 12866, entitled
``Regulatory Planning and Review.''
B. Executive Order 12875
Under E.O. 12875, EPA may not issue a regulation that is not
required by statute and that creates a mandate upon a state, local, or
tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments. If the mandate is unfunded, EPA must provide to the Office
of Management and Budget a description of the extent of EPA's prior
consultation with representatives of affected state, local, and tribal
governments, the nature of their concerns, copies of written
communications from the governments, and a statement supporting the
need to issue the regulation. In addition, E.O. 12875 requires EPA to
develop an effective process permitting elected officials and other
representatives of state, local, and tribal governments ``to provide
meaningful and timely input in the development of regulatory proposals
containing significant unfunded mandates.'' Today's rule does not
create a mandate on state, local or tribal governments. The rule does
not impose any enforceable duties on these entities. Accordingly, the
requirements of section 1(a) of E.O. 12875 do not apply to this rule.
C. Executive Order 13045
Protection of Children from Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) Is
determined to be ``economically significant'' as defined under E.O.
12866, and (2) concerns an environmental health or safety risk that EPA
has reason to believe may have a disproportionate effect on children.
If the regulatory action meets both criteria, the Agency must evaluate
the environmental health or safety effects of the planned rule on
children, and explain why the planned regulation is preferable to other
potentially effective and reasonably feasible alternatives considered
by the Agency.
This rule is not subject to E.O. 13045 because it is does not
involve decisions intended to mitigate environmental health or safety
risks.
D. Executive Order 13084
Under E.O. 13084, EPA may not issue a regulation that is not
required by statute, that significantly affects or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the
[[Page 2584]]
Federal government provides the funds necessary to pay the direct
compliance costs incurred by the tribal governments. If the mandate is
unfunded, EPA must provide to the Office of Management and Budget, in a
separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation. In addition, E.O. 13084 requires EPA to develop an
effective process permitting elected and other representatives of
Indian tribal governments ``to provide meaningful and timely input in
the development of regulatory policies on matters that significantly or
uniquely affect their communities.'' Today's rule does not
significantly or uniquely affect the communities of Indian tribal
governments. Accordingly, the requirements of section 3(b) of E.O.
13084 do not apply to this rule.
E. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions. This final rule will not have a significant impact on a
substantial number of small entities because 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
create any new requirements, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
Moreover, due to the nature of the Federal-State relationship under the
Clean Air Act, preparation of flexibility analysis would constitute
Federal inquiry into the economic reasonableness of state action. The
Clean Air Act forbids EPA to base its actions concerning SIPs on such
grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976);
42 U.S.C. 7410(a)(2).
F. Unfunded Mandates
Under Section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
annual costs to State, local, or tribal governments in the aggregate;
or to private sector, of $100 million or more. Under Section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the approval action promulgated does not
include a Federal mandate that may result in estimated annual costs of
$100 million or more to either State, local, or tribal governments in
the aggregate, or to the private sector. This Federal action approves
pre-existing requirements under State or local law, and imposes no new
requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
G. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit 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 United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This rule is not a ``major'' rule as defined by 5 U.S.C.
804(2).
H. 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 March 16, 1999. 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, Intergovernmental relations, Reporting and recordkeeping
requirements.
Dated: December 21, 1998.
David A. Ullrich,
Acting Regional Administrator, Region 5.
For the reasons stated in the preamble, title 40, chapter I, 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 et seq.
Subpart O--Illinois
2. Section 52.720 is amended by adding paragraph (c)(145) to read
as follows:
Sec. 52.720 Identification of plan.
* * * * *
(c) * * *
(145) On September 16, 1998, the State of Illinois submitted
amendments to Volatile Organic Material (VOM) rules affecting Illinois'
ozone attainment area (the area of the State not including the Chicago
and Metro-East ozone nonattainment areas). The amendments contain
various deletions of obsolete provisions, changes of some word usage to
comport Part 215 with other Illinois VOM regulations, and the addition
of certain exemptions from VOM coating requirements.
(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 215: Organic Material Emission Standards and Limitations;
Subpart A: General Provisions, 215.104 Definitions, 215.109 Monitoring
for Negligibly-Reactive Compounds; Subpart F: Coating Operations,
215.204 Emission Limitations for Manufacturing Plants, 215.205
Alternative Emission Limitations, 215.206 Exemptions from Emission
Limitations, 215.207 Compliance by Aggregation of Emissions Units,
215.211 Compliance Dates and Geographical Areas, 215.212 Compliance
Plan, and 215.214 Roadmaster Emissions Limitations (Repealed); Subpart
Z: Dry Cleaners, 215.601 Perchloroethylene Dry Cleaners
[[Page 2585]]
(Repealed), 215.602 Exemptions (Repealed), 215.603 Leaks (Repealed),
215.604 Compliance Dates and Geographical areas (Repealed), 215.605
Compliance Plan (Repealed), and 215.606 Exception to Compliance Plan
(Repealed), amended at 22 Ill. Reg. 11427, effective June 19, 1998.
[FR Doc. 99-1018 Filed 1-14-99; 8:45 am]
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