[Federal Register Volume 60, Number 18 (Friday, January 27, 1995)]
[Rules and Regulations]
[Pages 5318-5320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2015]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IL105-1-6841a; FRL-5139-5]
Approval and Promulgation of Implementation Plans for Ozone;
Illinois
AGENCY: U. S. Environmental Protection Agency (USEPA).
ACTION: Direct final rule.
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SUMMARY: The U.S. Environmental Protection Agency (USEPA) approves the
State Implementation Plan (SIP) revision request submitted by the State
of Illinois on October 25, 1994, for the purpose of requiring the
installation of pressure/vacuum (P/V) relief valves on storage tank
vent pipes at certain gasoline dispensing operations in the Chicago and
Metro-East St. Louis (Metro-East) ozone nonattainment areas. The
rationale for the approval is set forth in this final rule; additional
information is available at the address indicated. In the proposed
rules section of this Federal Register, USEPA is proposing approval of
and soliciting public comment on this requested SIP revision. If
adverse comments are received on this direct final rule, USEPA will
withdraw this direct final rule and address the comments received in a
subsequent final rule on the related proposed rule which is being
published in the proposed rules section of this Federal Register. No
additional opportunity for public comment will be provided. Unless this
direct final rule is withdrawn no further rulemaking will occur on this
requested SIP revision.
DATES: This final rule is effective March 28, 1995 unless notice is
received by February 27, 1995 that someone wishes to submit adverse
comments. If the effective date is delayed, timely notice will be
published in the Federal Register.
ADDRESSES: Copies of the USEPA's technical analysis are available for
inspection at the following address: (It is recommended that you
telephone Francisco Acevedo at (312) 886-6061 before visiting the
Region 5 Office.)
U.S. Environmental Protection Agency, Region 5, Air and Radiation
Division, 77 West Jackson Boulevard, Chicago, Illinois 60604.
Written comments can be mailed to: J. Elmer Bortzer, Chief,
Regulation Development Section (AR-18J), Regulation Development Branch,
Air and Radiation Division, U.S. Environmental Protection Agency, 77
West Jackson Boulevard, Chicago, Illinois 60604.
A copy of the Pressure/Vacuum SIP revision is available for
inspection at: Office of Air and Radiation (OAR), Docket and
Information Center (Air Docket 6102), room 1500, U.S. Environmental
Protection Agency, 401 M Street, SW., Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: Francisco Acevedo (312) 886-6061.
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 and the
Metro-East areas are classified as ``Severe'' and ``Moderate''
nonattainment for ozone, respectively, and as such subject to the 15
percent Rate of Progress (ROP) requirement.
The Illinois Environmental Protection Agency (IEPA) developed and
submitted a plan to USEPA on November 15, 1993 outlining the VOC
emission control measures which will be implemented in order to satisfy
the 15 percent ROP requirements. On January 21, 1994, USEPA found the
Illinois Plan incomplete because it did not contain all the necessary
components necessary for approval. On November 22, 1994, IEPA
resubmitted the 15 percent ROP plan and USEPA is currently reviewing
the plan. One of the measures identified for both the Chicago and
Metro-East plans is the introduction of storage tank breathing controls
for gasoline dispensing facilities. The Chicago ozone
[[Page 5319]] nonattainment area includes Cook, DuPage, Grundy (only
Aux Sable and Goose Lake Townships), Kane, Kendall (Oswego Township
only), Lake McHenry, and Will Counties. The Metro-East ozone
nonattainment area includes Madison, Monroe, and St. Clair Counties. On
April 22, 1994, IEPA filed the proposed P/V relief valves rule with the
Illinois Pollution Control Board (Board). A public hearing on the rules
was held on June 17, 1994, in Chicago, Illinois, and on September 5,
1994, the Board adopted a Final Opinion and Order for the proposed
amendments. The rules became effective on September 21, 1994 and they
were published in the Illinois State register on October 7, 1994. The
IEPA formally submitted the Pressure/Vacuum Relief Valve rules to USEPA
on October 25, 1994, as a revision to the Illinois SIP for ozone.
II. Stage I/II Requirements
In 1975, the USEPA issued regulatory guidance to assist states in
preparing regulations for the control of volatile organic material in
ozone nonattainment areas. As a result, gasoline dispensing operations
located in the Illinois nonattainment areas were required to be
equipped with Stage I vapor recovery systems. The Stage I controls
collect gasoline vapor losses generated during bulk gasoline delivery.
These Stage I rules did not, however, include any requirement for the
control of storage tank breathing loss.
The Clean Air Act Amendments of 1990 further required certain ozone
nonattainment areas to implement Stage II vapor recovery. Accordingly,
Stage II vapor recovery rules for the Chicago ozone nonattainment area
were promulgated in 1992. The Stage II system collects gasoline vapors
being expelled from vehicles during refueling. These Stage II systems
are highly effective and work in conjunction with the Stage I controls.
As with Stage I, Stage II rules did not directly require the control of
storage tank breathing losses.
Even with the Stage I and Stage II controls, volatile organic mass
(VOM) (gasoline vapor) emissions still occur as vapors are lost (pushed
out) through the underground storage tank vent pipe. The vent pipe
emissions result from the breathing losses which are caused by vapor
and liquid expansion and contraction due to diurnal changes in
temperature, barometric pressure and gasoline evaporation.
IEPA's regulations are intended to increase the effectiveness of
Stage I and II controls as well as control the gasoline vapor losses
being expelled through the vent pipe as stated above. The control of
these emissions will be to require that all open vent pipes at gasoline
dispensing facilities with a storage tank capacity of at least 575
gallons be equipped with low pressure/vacuum (P/V) relief valves.
III. Analysis of Rule
The P/V rule amends 35 Ill. Adm. Code Part 201 Subpart K, Part 211
Subpart B, Part 218 Subpart Y, and Part 219 Subpart Y. The P/V relief
valve rule requires gasoline dispensing facilities located in the
Chicago and Metro-East ozone nonattainment areas with a storage tank
capacity of at least 575 gallons to install a P/V relief valve on each
gasoline storage tank vent by March 15, 1995. However, tanks installed
before January 1, 1979, are exempt from the rule if they have a
capacity of less than 2000 gallons, as are tanks that are equipped with
floating roofs or equivalent control devices that have been approved by
the State and USEPA. The P/V relief valve must be capable of resisting
a pressure of at least 3.5 inches water column and a vacuum of at least
6 inches water column. If a facility is subject to the Stage II vapor
recovery rules, the P/V relief valve used must comply with its
California Air Resources Board (CARB) certification. The P/V rule also
requires the owner or operator to register the installation of the P/V
relief valve, to maintain records of malfunctions, maintenance, and
repair and to annually test for proper system pressure/vacuum. IEPA
currently employs an annual inspection program for Stage I and II
regulated facilities. The storage tank breathing control program will
be incorporated into the existing inspection program. The State
currently has the authority to administer and enforce the control
program once the rules become effective.
The Illinois Environmental Protection Act (Illinois Act), section
42(a), states that any person that violates any provision of the
Illinois Act or any regulation adopted by the Board, or any permit or
term or condition thereof, or that violates any determination or order
of the Board pursuant to the Illinois Act, shall be liable to a civil
penalty not to exceed $50,000 for the violation and an additional
$10,000 for each day for which the violation continues. In that this
submittal is a regulation adopted by the Board, a violation of which
subjects the violator to penalties under section 42(a), the submittal
contains sufficient enforcement penalties for approval.
IV. Final Rulemaking Action
The USEPA approves the SIP revision submitted by the State of
Illinois. The State of Illinois has submitted a SIP revision that
includes an enforceable state regulation which is consistent with
Federal requirements. The SIP also includes a commitment from the State
to perform enforcement inspections on the regulated stations.
Substantial penalties that will provide an adequate incentive for the
regulated industry to comply and are no less than the expected cost of
compliance are included in current Pollution Control Board Regulation.
USEPA is, therefore, approving this submittal.
V. Procedural Background
Because USEPA considers this action noncontroversial and routine,
we are approving it without prior proposal. The action will become
effective on March 28, 1995. However, if the USEPA receives adverse
comments by February 27, 1995, then the USEPA will publish a document
that withdraws the action, and will address the comments received in
response to this direct final rule in the final rule on the requested
SIP revision which has been proposed for approval in the proposed rules
section of this Federal Register. The comment period will not be
extended or reopened.
This action has been classified as a Table 3 action by the Regional
Administrator under the procedures published in the Federal Register on
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993,
memorandum from Michael H. Shapiro, Acting Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from Executive Order 12866 review.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any State Implementation Plan. Each request for revision to
any State Implementation Plan shall be considered separately in light
of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory 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. [[Page 5320]]
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, 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 State action. The
Act forbids USEPA to base its actions concerning SIPs on such grounds.
Union Electric Co. v. U.S. E.P.A., 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 March 28, 1995. 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, Hydrocarbon,
Incorporation by reference, Ozone.
Dated: December 29, 1994.
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)(107) to read
as follows:
Sec. 52.720 Identification of plan.
* * * * *
(c) * * *
(107) On October 25, 1994, Illinois submitted a regulation which
requires gasoline dispensing operations in the Chicago and Metro-East
St. Louis ozone nonattainment areas that have storage tanks of at least
575 gallons to install pressure/vacuum relief valves on storage tank
vent pipes. Tanks installed before January 1, 1979, are exempt from the
rule if they have a capacity of less than 2000 gallons, as are tanks
that are equipped with floating roofs or equivalent control devices
that have been approved by the State and USEPA.
(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 201 Permits and General Provisions, Section 201.302
Reports. Amended at 18 Ill. Reg. 15002. Effective September 21, 1994.
(B) Part 211 Definitions and General Provisions, Section 211.5060
Pressure/Vacuum Relief Valve. Added at 18 Ill. Reg. 14962. Effective
September 21, 1994.
(C) Part 218 Organic Material Emission Standards and Limitations
for Chicago Area, Section 218.583 Gasoline Dispensing Operations-
Storage Tank Filling Operations. Amended at 18 Ill. Reg. 14973.
Effective September 21, 1994.
(D) Part 219 Organic Material Emission Standards and Limitations
for Metro East Area, Section 219.583 Gasoline Dispensing Operations-
Storage Tank Filling Operations. Amended at 18 Ill. Reg. 14987.
Effective September 21, 1994.
[FR Doc. 95-2015 Filed 1-26-95; 8:45 am]
BILLING CODE 6560-50-F
