[Federal Register Volume 60, Number 216 (Wednesday, November 8, 1995)]
[Rules and Regulations]
[Pages 56238-56241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-27609]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IL113-1-6760a; FRL-5324-7]
Approval and Promulgation of Implementation Plans; Illinois
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: On May 5, 1995, the State of Illinois submitted a State
Implementation Plan (SIP) revision request to the United States
Environmental Protection Agency (USEPA) for lithographic printing
operations as part of the State's 15 percent (%) Reasonable Further
Progress (RFP) 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 USEPA. VOC is one
of the air pollutants which combine on hot summer days to form ground-
level ozone, commonly known as smog. Ozone pollution is of particular
concern because of its harmful effects upon lung tissue and breathing
passages. RFP plans are intended to bring areas which have been
exceeding the public health based Federal ozone air quality standard
closer toward the goal of reaching and maintaining attainment with this
standard. The control measures specified in this lithographic printing
parts SIP revision are expected by Illinois to reduce VOC (VOM)
emissions by 4.05 tons per day in the Chicago area. No reductions are
expected in the Metro-East (East St. Louis) area because there are no
sources large enough to satisfy the applicability criteria.
DATES: The ``direct final'' approval is effective on January 8, 1996,
unless USEPA receives adverse or critical comments by December 8, 1995.
If the effective date is delayed, EPA will publish timely notice in the
Federal Register.
ADDRESSES: Copies of the revision request and USEPA's analysis
(Technical Support Document) 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 David Pohlman at (312)
886-3299 before visiting the Region 5 Office.)
Written comments should be sent to: J. Elmer Bortzer, Chief,
Regulation Development Section, Regulation Development Branch (AR-18J),
U.S. Environmental Protection Agency, 77 West Jackson Boulevard,
Chicago, Illinois 60604.
FOR FURTHER INFORMATION CONTACT: David Pohlman at (312) 886-3299.
SUPPLEMENTARY INFORMATION:
I. Background
Section 182(b)(1) of the Act requires all moderate and above ozone
nonattainment areas to achieve a 15 percent reduction of 1990 emissions
of volatile organic material by 1996. In Illinois, the Chicago area is
classified as ``Severe'' nonattainment for ozone, while the Metro-East
area is classified as ``Moderate'' nonattainment. As such, these areas
are subject to the 15 percent Rate of Progress (RFP) requirement.
The Illinois Environmental Protection Agency (IEPA) held public
hearings on the proposed Lithographic printing rules on December 15,
1994, and January 9, 1995, and on April 20, 1995, the Board adopted a
Final Opinion and Order for the proposed amendments. The rules became
effective on May 9, 1995, and they were published in the Illinois
Register on May 19, 1995. The IEPA formally submitted the Lithographic
Printing rules to USEPA on May 5, 1995, and May 31, 1995, as a revision
to the Illinois SIP for ozone. In doing so, IEPA believes that these
control measures will reduce VOM emissions to help meet the 15% RFP
requirement. The submittal amends 35 Ill. Adm. Code Parts 211, 218 and
219, to include control measures for lithographic printing.
The submittal includes the following new or revised rules:
Part 211: Definitions and General Provisions
Subpart B: Definitions
211.474 Alcohol
211.560 As-Applied Fountain Solution
211.2850 Heatset Web Offset Lithographic Printing Line
211.4065 Non-Heatset
211.5980 Sheet-Fed
Part 218: Organic Material Emission Standards and Limitations for
the Chicago Area
Subpart H: Printing and Publishing
218.405 Lithographic Printing: Applicability
218.406 Provisions Applying to Heatset Web Offset Lithographic
Printing Prior to March 15, 1996
218.407 Emissions Limitations and Control Requirements for
Lithographic Printing Lines On and After March 15, 1996
218.408 Compliance Schedule for Lithographic Printing on and After
March 15, 1996
218.409 Testing for Lithographic Printing On and After March 15,
1996
218.410 Monitoring Requirements for Lithographic Printing
218.411 Recordkeeping and Reporting for Lithographic Printing
Part 219: Organic Material Emission Standards and Limitations for
the Metro East Area
Subpart H: Printing and Publishing
219.405 Lithographic Printing: Applicability
219.406 Provisions Applying to Heatset Web Offset Lithographic
Printing Prior to March 15, 1996
219.407 Emissions Limitations and Control Requirements for
Lithographic Printing Lines On and After March 15, 1996
219.408 Compliance Schedule for Lithographic Printing on and After
March 15, 1996
219.409 Testing for Lithographic Printing On and After March 15,
1996
219.410 Monitoring Requirements for Lithographic Printing
219.411 Recordkeeping and Reporting for Lithographic Printing
The lithographic printing rules 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. The following is a description of the State rules.
Applicability (218/219.405)
Section 218/219.405 states that sources with heatset web offset
lithographic printing lines are subject to the requirements of 218/
219.406 until March 15, 1996, and Sections 218/219.407 through 218/
219.411 on and after March 15, 1996. All such sources are subject
unless total maximum theoretical emissions of VOM never exceed 100 tons
per calendar year before the application of controls, or Federally
enforceable permit conditions limit production such that emissions are
less than 100 tons per year.
This rule also states that all heatset web offset, non-heatset web
offset, and sheet-fed offset lithographic printing lines will be
subject to Sections 218/219.407 through 218/219.411 on and
[[Page 56239]]
after March 15, 1996, unless VOM emissions from all lines at a source
never exceed 100 pounds per day before the application of controls.
Exempt sources are subject to recordkeeping requirements of Section
418.406 before March 15, 1996, and Section 418.411 on and after March
15, 1996.
Provisions Which Apply Before March 15, 1996 (218/219.406)
Section 218/219.406 contains provisions which apply to Heatset Web
Offset Lithographic Printing Prior to March 15, 1996. This section
requires heatset web offset printing lines to install and operate
afterburner systems that reduce 90 percent of the VOM emissions
(excluding methane and ethane) from the dryer exhaust. Alternatively, a
condensation recovery system that removes at least 75 percent of the
non-isopropyl alcohol organic materials from the dryer exhaust may be
used if the fountain solution contains no more than 8 percent, by
weight, of VOM, and the control device is equipped with monitoring
equipment. This section also contains an equation for calculating total
maximum theoretical emissions of VOM from heatset web offset
lithographic printing lines.
This section also includes recordkeeping requirements for exempt
sources before March 31, 1996. Such sources must record the VOM content
and the volume of each fountain solution and ink as applied each year
on each printing line. Non-exempt sources are required to keep daily
records of the VOM content of the fountain solution, as well as
information on operation and maintenance of the control device.
Emission Limitations and Control Requirements for Lithographic Printing
Lines On and After March 15, 1996 (218/219.407)
This rule requires heatset web offset lithographic printers to
limit the VOM content in the as-applied fountain solution to 1.6
percent by volume. Alternately, the VOM content may be up to 3 percent
by volume if the fountain solution is maintained below 15.6 deg.C
(60 deg.F), or 5 percent by volume if the fountain solution contains no
alcohol. There are also requirements that the air pressure in the dryer
be maintained lower than that of the press room, and that an
afterburner (or other equivalent control device if approved by the
State and USEPA) be installed and operated so that VOM emissions
(excluding methane and ethane) from the press dryer exhaust are reduced
by 90 percent.
Non-heatset web offset lithographic printers must limit the VOM
content in the as-applied fountain solution to 5 percent or less, and
the solution must contain no alcohol.
Sheet-fed offset lithographic printing lines are required to limit
the VOM content of the as-applied fountain solution to 5 percent or
less by volume, or 8.5 percent if the temperature of the fountain
solution is maintained below 15.6 deg.C (60 deg.F).
The cleaning solution used on any lithographic printing line must
have a VOM content of no more than 30 percent by weight, or
alternatively, the VOM composite partial vapor pressure of the as-used
cleaning solution must be less than 10 millimeters of mercury at
20 deg.C (68 deg.C). Cleaning materials, including used towels must be
kept in closed containers.
Compliance Schedule for Lithographic Printing On and After March 15,
1996 (218/219.408)
This section requires lithographic printing lines to comply with
other applicable sections of the lithographic printing rules after
March 15, 1996.
Testing for Lithographic Printing On and After March 15, 1996 (218/
219.409)
This section sets the test methods to be used in determining
compliance. Method 1 and 1A are to be used, as appropriate, to select
sampling sites, Methods 2, 2A, 2C, and 2D are to be used to determine
volumetric flow rates of exhaust streams, and Methods 25 and 25A are to
be used to determine the VOM concentrations of the exhaust streams. An
air flow direction indicating device, such as a smoke stick, is to be
used to demonstrate 100 percent emissions capture efficiency for the
dryer. The applicable test methods and procedures contained in sections
218/219.105 and 218/219.110 are also to be used in determining
compliance.
Monitoring Requirements for Lithographic Printing (218/219.410)
This section requires fountain solution temperature monitors for
lithographic printing lines which rely on temperature to demonstrate
compliance. Also, each batch of as-applied fountain solution must be
sampled and tested for compliance with the VOM content limit using a
refractometer or hydrometer. A conductivity meter may also be used if
it is demonstrated that a refractometer and hydrometer can not be used
to determine compliance. For heatset web offset lithographic printing
lines, this section requires temperature monitors on afterburners.
This section also requires that automatic cleaning solution mixing
equipment be properly maintained and set so that the VOM content of the
as-applied cleaning solution is in compliance with the limit in 218/
219.407. There are recordkeeping requirements for cleaning solutions
which are not prepared with automatic feed equipment, and for cleaning
solutions which are to comply using vapor pressure.
Recordkeeping and Reporting for Lithographic Printing (218/219.411)
This section contains recordkeeping requirements for both exempt
and non-exempt sources. Exempt sources must record the name,
identification, VOM content, and volume of each fountain solution
additive, lithographic ink, and cleaning solvent used on any
lithographic printing line each month. Exempt sources are also required
to record whether a line was in operation each day, and total monthly
VOM emissions.
Lithographic printing lines which are subject to control
requirements must keep logs detailing monitoring data, operating time,
maintenance for the afterburner or other control device. Such sources
must record the name, identification, date and time of preparation,
volume, and VOM content for each batch of fountain solution. The rule
also requires sources to record the name, identification, VOM content
of each cleaning solvent, proportion of each cleaning solvent and
water, and as-applied VOM content for each batch of cleaning solution.
If the source relies on vapor pressure to show compliance, records of
the molecular weight, density, and VOM composite partial vapor pressure
of each cleaning solvent must also be kept. All records must be
maintained at the source for a minimum of 3 years.
II. Analysis of State Submittal
The limits in the Illinois rule match those discussed in the
September 1993, draft Control Technology Guideline and/or the June
1994, Alternative Control Techniques Document for offset lithographic
printing.
The Illinois rules apply control requirements to sources with total
theoretical emissions of more than 100 tons per year or actual
emissions of more than 100 pounds per day. In addition, sections 218/
219.411(a)(1)(B)(I) state that the actual daily emissions are to be
determined by dividing monthly emissions by the number of days in the
month. Because of this monthly averaging provision, the cutoff is
effectively 3000 pounds per
[[Page 56240]]
month of actual emissions. For sources for which a CTG has not been
issued, the statutory requirements are that RACT be applied to major
stationary sources in moderate and worse ozone nonattainment areas. The
USEPA believes that the cutoffs in the Illinois rules will ensure that
the rules apply to major stationary sources (sources with the potential
to emit 25 tons per year or more), therefore Illinois' cutoffs are
acceptable.
III. Final Rulemaking Action
The USEPA has undertaken its analysis of the SIP revision request
based on a review of the materials presented by IEPA and has determined
that this SIP revision request is approvable.
The USEPA is publishing this action without prior proposal because
USEPA views this action as a noncontroversial revision and anticipates
no adverse comments. However, USEPA 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
January 8, 1996, unless USEPA receives adverse or critical comments by
December 8, 1995. If USEPA receives comments adverse to or critical of
the approval discussed above, USEPA 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. Please be aware
that USEPA will institute another comment period on this action only if
warranted by significant revisions to the rulemaking based on any
comments received in response to today's action. Any parties interested
in commenting on this action should do so at this time. If no such
comments are received, USEPA hereby advises the public that this action
will be effective on January 8, 1996.
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, Office of Air and Radiation. 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
than $100 million in any one year, the USEPA has not prepared a
budgetary impact statement or specifically addressed the selection of
the least costly, most cost-effective, or least burdensome alternative.
Because small governments will not be significantly or uniquely
affected by this rule, the USEPA is not required to develop a plan with
regard to small governments. This rule only approves the incorporation
of existing state rules into the SIP. It imposes no additional
requirements.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., USEPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. (5 U.S.C. 603 and 604.)
Alternatively, USEPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
SIP approvals under section 110 and subchapter I, part D of the
Clean Air Act do not create any new requirements, but simply approve
requirements that the State is already imposing. Therefore, because the
Federal SIP-approval does not impose any new requirements, I certify
that it does not have a significant impact on any small entities
affected. Moreover, due to the nature of the Federal-State relationship
under the Act, preparation of a regulatory flexibility analysis would
constitute Federal inquiry into the economic reasonableness of the
State action. The Clean Air Act forbids USEPA to base its actions
concerning SIPs on such grounds. Union Electric Co. v. USEPA., 427 U.S.
246, 256-66 (S.Ct. 1976); 42 U.S.C. 7410(a)(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by January 8, 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, Volatile organic compounds.
Dated: October 11, 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)(117) to read
as follows:
Sec. 52.720 Identification of plan.
* * * * *
(c) * * *
(117) On May 31, 1995, the State submitted amended lithographic
printing rules which consisted of revised definitions, and revisions to
the Ozone Control Plan for the Chicago and Metro-East St. Louis areas.
[[Page 56241]]
(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 211.474 Alcohol, 211.560 As-Applied Fountain
Solution, 211.2850 Heatset Web Offset Lithographic Printing Line,
211.4065 Non-Heatset, 211.5980 Sheet-Fed added at 19 Ill. Reg. 6823,
effective May 9, 1995.
(B) Part 218: Organic Material Emission Standards and Limitations
for the Chicago Area, Subpart H; Printing and Publishing, Sections
218.405 Lithographic Printing: Applicability, 218.406 Provisions
Applying to Heatset Web Offset Lithographic Printing Prior to March 15,
1996, 218.407 Emissions Limitations and Control Requirements for
Lithographic Printing Lines On and After March 15, 1996, 218.408
Compliance Schedule for Lithographic Printing on and After March 15,
1996, 218.409 Testing for Lithographic Printing On and After March 15,
1996, 218.410 Monitoring Requirements for Lithographic Printing,
218.411 Recordkeeping and Reporting for Lithographic Printing added at
19 Ill. Reg. 6848, effective May 9, 1995.
(C) Part 219: Organic Material Emissions Standards and Limitations
for the Metro-East Area, Subpart H; Printing and Publishing, Sections
219.405 Lithographic Printing: Applicability, 219.406 Provisions
Applying to Heatset Web Offset Lithographic Printing Prior to March 15,
1996, 219.407 Emissions Limitations and Control Requirements for
Lithographic Printing Lines On and After March 15, 1996, 219.408
Compliance Schedule for Lithographic Printing on and After March 15,
1996, 219.409 Testing for Lithographic Printing On and After March 15,
1996, 219.410 Monitoring Requirements for Lithographic Printing,
219.411 Recordkeeping and Reporting for Lithographic Printing added at
19 Ill. Reg. 6848, effective May 9, 1995.
[FR Doc. 95-27609 Filed 11-7-95; 8:45 am]
BILLING CODE 6560-50-P
