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Approval and Promulgation of Implementation Plans; Illinois
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: July 25, 1996 (Volume 61, Number 144)] [Rules and Regulations] [Page 38577-38582] From the Federal Register Online via GPO Access [wais.access.gpo.gov]
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.
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 15reduction 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 15ROP requirement.
The Act specifies under section 182(b)(1)(C) that the 15 2.121996e-313mission 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 15reduction. 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 15ROP 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 15ROP plan.
A review of what emission reduction this SIP achieves for purposes of the Illinois 15ROP plans will be addressed when rulemaking on the Chicago 15ROP SIP, and the Metro-East 15ROP SIP is taken. (EPA will take rulemaking on the overall 15ROP 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 addon 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