[Federal Register Volume 63, Number 96 (Tuesday, May 19, 1998)]
[Rules and Regulations]
[Pages 27489-27492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13299]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IL169-1a; FRL-6012-7]
Approval and Promulgation of Implementation Plan; Illinois
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: On March 6, 1998, the State of Illinois submitted to EPA
amended rules for controlling Volatile Organic Material (VOM) emissions
from wood furniture coating operations in the Chicago and Metro-East
(East St. Louis) 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. VOC is an air pollutant which combines with nitrogen
oxides in the atmosphere 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. This plan was
submitted to meet the Clean Air Act (Act) requirement for States to
adopt Reasonably Available Control Technology (RACT) rules for sources
that are covered by Control Techniques Guideline (CTG) documents. This
rulemaking action approves, through direct final, the Illinois SIP
revision request.
DATES: The ``direct final'' rule is effective on July 20, 1998, unless
EPA receives adverse or critical written comments by June 18, 1998. If
adverse comment is received, EPA will publish a timely withdrawal of
the rule in the Federal Register informing the public that the rule
will not take effect.
ADDRESSES: Copies of the revision request and EPA's Technical Support
Document (TSD) 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.)
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, Environmental
Protection Specialist, at (312) 886-6082.
SUPPLEMENTARY INFORMATION:
I. Background
Section 182(b)(2) of the Act requires all moderate and above ozone
nonattainment areas to adopt RACT rules for sources covered by CTG
documents.\1\ 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, and the Metro-East area (Madison,
Monroe, and St. Clair Counties) is classified as ``moderate''
nonattainment. See 40 CFR 81.314.
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\1\ A definition of RACT is cited in a General Preamble-
Supplement published at 44 FR 53761 (September 17, 1979). RACT is
defined as the lowest emission limitation that a particular source
is capable of meeting by the application of control technology that
is reasonably available, considering technological and economic
feasibility. CTGs are documents published by EPA which contain
information on available air pollution control techniques and
provide recommendations on what the EPA considers the ``presumptive
norm'' for RACT.
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On September 9, 1994, EPA approved and incorporated into the SIP a
1993
[[Page 27490]]
version of VOM control rules for wood furniture coating operations in
the Chicago and Metro-East ozone nonattainment areas (59 FR 46562). On
October 26, 1995, EPA approved a revision to these rules' source size
applicability threshold from 100 tons or more of VOM per year Maximum
Theoretical Emissions (MTE) to 25 tons of VOM or more per year
Potential To Emit (PTE) (60 FR 54810). On May 20, 1996, EPA issued a
CTG document providing the recommended presumptive norm for RACT for
wood furniture coating operations. The CTG was produced as the result
of a regulatory negotiation between representatives from industry,
environmental groups, and State and local agencies. On May 27, 1997,
the Illinois Environmental Protection Agency (IEPA) filed a proposal
with the Illinois Pollution Control Board (Board) to revise its
existing wood furniture coating rules to become consistent with the CTG
requirements.
IEPA held public hearings on the wood furniture coating rule
amendments on August 5, 1997, in Edwardsville, Illinois, and August 13,
1997, in Chicago, Illinois. On January 22, 1998, the Board adopted the
proposed amendments in a Final Opinion and Order. On February 13, 1998,
the amended rules were published in the Illinois Register. The
effective date of the rules is February 2, 1998. On March 5, 1998, the
rules were submitted as a requested revision to the SIP for ozone. On
March 25, 1998, EPA sent a finding of completeness of the submittal.
The submittal includes the following new or revised rules.
Part 211: Definitions and General Provisions
Subpart B: Definitions
211.1467 Continuous Coater
211.1520 Conventional Air Spray
211.6420 Strippable Spray Booth Coating
211.7200 Washoff Operations
Part 218: Organic Material Emission Standards and Limitations for
the Chicago Area
Subpart F: Coating Operations
218.204 Emission Limitations
218.205 Daily-weighted Average Limitations
218.210 Compliance Schedule
218.211 Recordkeeping and Reporting
218.215 Wood Furniture Coating Averaging Approach
218.216 Wood Furniture Coating Add-On Control Use
218.217 Wood Furniture Coating Work Practice Standards
Part 219: Organic Material Emission Standards and Limitations for
the Metro East Area
Subpart F: Coating Operations
219.204 Emission Limitations
219.205 Daily-weighted Average Limitations
219.210 Compliance Schedule
219.211 Recordkeeping and Reporting
219.215 Wood Furniture Coating Averaging Approach
219.216 Wood Furniture Coating Add-On Control Use
219.217 Wood Furniture Coating Work Practice Standards
The 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.
II. Analysis of State Submittal
EPA has reviewed the March 6, 1998, submittal for consistency with
the wood furniture CTG's model rule to determine whether the rules meet
RACT and are enforceable. The following is a summary of the SIP
revision and EPA's analysis of the rules. For the complete requirements
of this SIP revision, interested parties should refer to the State
regulations. For more details on EPA's analysis, EPA's TSD for this
rulemaking can be obtained from the Region 5 office listed above.
Applicability and Compliance Date
Illinois wood furniture coating rules apply to sources (1) with
wood furniture coating operations and (2) that have a potential to emit
25 tons of VOM or more per year, which is consistent with the CTG's
model rule. The compliance date to meet the new requirements in the
State's wood furniture coating rules is March 15, 1998.
Emission Limitations
The rules have been amended to modify the value and the units of
measure of the VOM content limitations for wood furniture coating
topcoats and sealers. These new emission limitations, added at section
218/219.204(l)(2), are as follows:
------------------------------------------------------------------------
Kilograms Pounds (lb)
Coating (kg) VOM/kg VOM/lb
solids solids
------------------------------------------------------------------------
Topcoat....................................... 0.8 0.8
Non-acid-cured alkyd amino vinyl sealer....... 1.9 1.9
Non-acid-cured alkyd amino conversion varnish. 1.8 1.8
Acid-cured alkyd amino vinyl sealer........... 2.3 2.3
Acid-cured alkyd amino conversion varnish..... 2.0 2.0
------------------------------------------------------------------------
Alternatively, sources can comply with the topcoat and sealer
requirements through an averaging program or through an add-on control
device. Sources using an averaging approach must demonstrate that
emissions from participating coating lines, on a daily basis, are no
greater than 90 percent of what they would be if compliant coatings
were being used. For sources opting to use an add-on control device,
sources must demonstrate that the overall capture and control
efficiency of the control devices secures emission reductions
equivalent to compliance with the coating VOM content limits. Sections
218/219.215 and 218/219.216 provide the necessary equations to
determine compliance with the averaging or add-on control approach.
These equations are based upon similar provisions found under the CTG's
model rule.
The rules as amended retain emission limitations for other
categories of wood furniture coatings that were incorporated into the
SIP on September 9, 1994, including opaque stain, non-topcoat pigmented
coating, repair coating, semi-transparent stain, and wash coat (59 FR
46562). These limitations remain in place under sections 218/
219.204(l)(3) so as to avoid emissions backsliding.
Besides the revised topcoat and sealer emission limitations, the
Illinois rules have been amended to add VOM control requirements for
sources using either wood furniture coating spray booths or continuous
coaters. Affected sources using spray booths shall not use strippable
spray coating containing more than 0.8 kg VOM/kg solids (0.8 lb VOM/lb
solids), as applied. For affected sources using continuous coaters to
apply topcoats and sealers, the reservoir used for the continuous
coaters shall use an initial coating which complies with the VOM
content limits listed in the table above, and the viscosity of the
coating in each reservoir shall always be greater than or equal to the
viscosity of the initial coating in the reservoir. The viscosity of the
reservoir shall be monitored in accordance with requirements provided
in the rules. These control requirements are consistent with the CTG
model rule.
[[Page 27491]]
Work Practices
Illinois' amended rules also include new or revised work practice
standards dealing with coating application and cleaning methods. Under
the previous rule requirements, affected sources could only use the
following methods to apply coatings: airless spray application system,
electrostatic bell or disc application system, heated airless spray
application system, roller coating, brush or wipe coating application
system, dip coating application system, or high volume low pressure
application system. To become consistent with the CTG, the rules are
now modified to generally prohibit the use of conventional air spray
application, defined as a method in which coating is atomized by mixing
it with compressed air at an air pressure greater than 10 lb per square
inch (gauge) at the point of atomization.
Certain exemptions are allowed, however, when applying repair coats
in certain circumstances, when applying coatings with a VOM content no
greater than 1 kg VOM/kg solids (1 lb VOM/lb solids) as applied, when
guns are aimed and triggered automatically, or when an add-on control
device is used. These exemptions are also consistent with the CTG.
As for cleaning requirements, affected sources shall not clean
spray booth components compounds containing more than 8.0 percent, by
weight, of VOM. The cleaning of conveyors, continuous coaters and their
enclosures, and metal filters are exempt from this requirement. If a
spray booth is being refurbished, then the affected source is allowed
to use no more than 1.0 gallon of noncompliant organic solvent to
prepare the spray booth prior to applying the spray booth coating.
These requirements are consistent with the CTG.
Other cleaning requirements added to the rules include the
following: sources must use closed containers when storing or disposing
coating, cleaning, and washoff materials; sources must also pump or
drain all organic solvent used for line cleaning into closed
containers; sources must collect all organic solvent used to clean
spray guns in closed containers; and sources must control emissions
from washoff operations by using closed tanks. These cleaning
requirements are all consistent with the CTG.
Testing
The Illinois wood furniture coating rules as amended retain the
coating testing and add-on control device installation, operation, and
monitoring requirements under sections 218/219.105. These sections were
approved by EPA on September 9, 1994 (59 FR 46562), and are consistent
with the CTG.
Certification, Recordkeeping, and Reporting
To ensure compliance, certification, recordkeeping, and reporting
requirements have been added to the rules. Wood furniture coating
operations in the Chicago and Metro-East ozone nonattainment areas
which are otherwise exempt because their PTE is less than 25 tons of
VOM per year must certify their exemption with IEPA in accordance with
section 218/219.211. Those sources covered under the wood furniture
coating rules must certify compliance by March 15, 1998, upon initial
start-up of a new coating line, or upon changing the method of
compliance.
Daily records must be kept for a period of three years to show
compliance with the emission limitations, the averaging approach, or
the add-on control requirements. Sources which must comply with the new
topcoat and sealer requirements (either the individual limits, the
averaging approach, or the add-on control requirements) must keep daily
records of the weight of VOM per weight of solids in each coating as
applied each day on each coating line, and keep the certified product
data sheets for each coating used. To comply with the averaging
approach under 218/219.215, an affected source must operate pursuant to
federally enforceable state operating permit conditions containing a
detailed description of the source's averaging program. What this
description must include is specified under 218/219.215. In addition to
daily coating records, sources using averaging must also keep daily
records of the calculations showing compliance with either of the
averaging equations provided under 218/219.215. For sources complying
with add-on control requirements under 218/219.216, these sources must
additionally keep control device monitoring data as well as operating
and maintenance logs on a daily basis. Sources which need to comply
with the spray booth or continuous coater requirements must also keep
daily records as specified in the rules. Exceedances of the control
requirements, or change of compliance method, must be reported to IEPA
within 30 days. These requirements are generally consistent with the
CTG and with EPA's VOC RACT policy.
Conclusion
Based on review of the March 6, 1998, SIP submittal's comparison to
the CTG model rule, the EPA finds the State's wood furniture coating
rules constitute RACT and are enforceable. Therefore, the March 6, 1998
submittal satisfies the requirement under section 182(b)(2) of the Act
to adopt RACT level rules for wood furniture coating operations.
III. Final Rulemaking Action
In this rulemaking action, EPA approves the March 6, 1998, Illinois
SIP revision submittal, which will make the amended Illinois wood
furniture coating rules 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 or
critical written comments be filed. This action will become effective
without further notice unless the Agency receives relevant adverse
written comment on the parallel proposed rule (published in the
proposed rules section of this Federal Register) by June 18, 1998.
Should the Agency receive such comments, it will publish a final rule
informing the public that this action did 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 July 20, 1998.
Nothing in this action should be construed as permitting, allowing
or establishing a precedent for any future request for revision to any
SIP. Each request for revision to the SIP shall be considered
separately in light of specific technical, economic, and environmental
factors and in relation to relevant statutory and regulatory
requirements.
IV. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget has exempted this regulatory
action from Executive Order 12866 review.
B. Regulatory Flexibility
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
[[Page 27492]]
with jurisdiction over populations of less than 50,000.
SIP approvals under section 110 and subchapter I, part D of the 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, the Administrator
certifies 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 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 (1976); 42 U.S.C. 7410(a)(2).
C. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995,
signed into law on March 22, 1995, EPA must undertake various actions
in association with any proposed or final rule that includes a Federal
mandate that may result in estimated costs to state, local, or tribal
governments in the aggregate; or to the private sector, of $100 million
or more. 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 the private
sector, result from this action.
D. 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. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
E. Petitions for Judicial Review
Under section 307(b)(1) of the Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by July 20, 1998. 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.
Dated: April 29, 1998.
Barry C. DeGraff,
Acting 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 et seq.
Subpart O--Illinois
2. Section 52.720 is amended by adding paragraph (c)(140) to read
as follows:
Sec. 52.720 Identification of plan.
* * * * *
(c) * * *
(140) On March 5, 1998, the State of Illinois submitted amended
rules for the control of volatile organic material emissions from wood
furniture coating operations in the Chicago and Metro-East (East St.
Louis) ozone nonattainment areas, as a requested revision to the ozone
State Implementation Plan. This plan was submitted to meet the Clean
Air Act requirement for States to adopt Reasonably Available Control
Technology rules for sources that are covered by Control Techniques
Guideline documents.
(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, 211.1467 Continuous Coater, 211.1520 Conventional Air
Spray, 211.6420 Strippable Spray Booth Coating, 211.7200 Washoff
Operations, amended at 22 Ill. Reg. 3497, effective February 2, 1998.
(B) Part 218: Organic Material Emission Standards and Limitations
for the Chicago Area, Subpart F: Coating Operations 218.204 Emission
Limitations, 218.205 Daily-weighted Average Limitations, 218.210
Compliance Schedule, 218.211 Recordkeeping and Reporting, 218.215 Wood
Furniture Coating Averaging Approach, 218.216 Wood Furniture Coating
Add-On Control Use, 218.217 Wood Furniture Coating Work Practice
Standards, amended at 22 Ill. Reg. 3556, effective February 2, 1998.
(C) Part 219: Organic Material Emission Standards and Limitations
for the Metro East Area, Subpart F: Coating Operations 219.204 Emission
Limitations, 219.205 Daily-weighted Average Limitations, 219.210
Compliance Schedule, 219.211 Recordkeeping and Reporting, 219.215 Wood
Furniture Coating Averaging Approach, 219.216 Wood Furniture Coating
Add-On Control Use, 219.217 Wood Furniture Coating Work Practice
Standards, amended at 22 Ill. Reg. 3517, effective February 2, 1998.
[FR Doc. 98-13299 Filed 5-18-98; 8:45 am]
BILLING CODE 6560-50-P
