[Federal Register Volume 63, Number 47 (Wednesday, March 11, 1998)]
[Rules and Regulations]
[Pages 11836-11839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6098]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IL166-1a; FRL-5975-3]
Approval and Promulgation of Implementation Plan; Illinois
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: On May 5, 1995, and May 26, 1995, the State of Illinois
submitted a State Implementation Plan (SIP) revision request to the EPA
regarding rules for controlling Volatile Organic Material (VOM)
emissions from Synthetic Organic Chemical Manufacturing Industry
(SOCMI) reactor processes and distillation operations in the Chicago
and Metro-East (East St. Louis) areas. 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 only addresses compliance with the RACT requirement
for one source, Monsanto Chemical Group's Sauget Facility. The EPA is
approving the State Implementation Plan (SIP) revision request
submitted by the State of Illinois as it applies to Monsanto Chemical
Group's Sauget Facility.
DATES: The ``direct final'' approval is effective on May 11, 1998,
unless EPA receives adverse or critical written comments by April 10,
1998. If the effective date is delayed timely notice will be published
in the Federal Register.
ADDRESSES: Copies of the revision request 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 that are located in
moderate and above ozone nonattainment areas and covered by CTG
documents, such as SOCMI reactor processes and distillation operations.
In Illinois, the Chicago area is classified as ``severe'' nonattainment
for ozone, while the Metro-East area is classified as ``moderate''
nonattainment. See 40 CFR 81.314.
The Illinois Environmental Protection Agency (IEPA) held public
hearings on the SOCMI rules on November 4, 1994, December 2, 1994, and
December 16, 1994. The rules, which require compliance by March 15,
1996, were published in the Illinois Register on May 19, 1995. The
rules became effective at the State level on May 9, 1995. The IEPA
formally submitted the SOCMI rules to EPA on May 5, 1995, and May 26,
1995, as a revision to the Illinois SIP for ozone. The submittal amends
35 Illinois Administrative Code (Ill.Adm.Code) Parts 211, 218 and 219,
to include control measures for SOCMI reactor processes and
distillation operations.
The submittal includes the following new or revised rules:
Part 211: Definitions and General Provisions
Subpart B: Definitions
211.980 Chemical Manufacturing Process Unit
211.1780 Distillation Unit
211.2365 Flexible Operation Unit
211.5065 Primary Product
Part 218: Organic Material Emission Standards and Limitations for the
Chicago Area
Subpart Q: Synthetic Organic Chemical and Polymer Manufacturing
Plant
218.431 Applicability
218.432 Control Requirements
218.433 Performance and Testing Requirements
218.434 Monitoring Requirements
218.435 Recordkeeping and Reporting Requirements
218.436 Compliance Date
Appendix G: TRE Index Measurement for SOCMI Reactors and
Distillation Units
Part 219: Organic Material Emission Standards and Limitations for the
Metro-East Area
Subpart Q: Synthetic Organic Chemical and Polymer Manufacturing
Plant
219.431 Applicability
219.432 Control Requirements
219.433 Performance and Testing Requirements
219.434 Monitoring Requirements
219.435 Recordkeeping and Reporting Requirements
219.436 Compliance Date.
Appendix G: TRE Index Measurement for SOCMI Reactors and
Distillation Units
The SOCMI 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. Illinois'
SOCMI rules are based largely on EPA's final CTG for control of VOCs
from SOCMI reactor processes and distillation operations, which was
issued on November 15, 1993 (58 FR 60197). This document contains the
recommended presumptive norm for RACT for these sources.
The applicability measure for RACT is dependent upon a facility's
calculated Total Resource Effectiveness (TRE) index. The TRE index is a
measure of the cost per unit of VOC emission reduction and is
normalized so that the decision point has a defined value of 1.0. It
considers variables such as the emission stream characteristics (i.e.,
heat value, flow rate, VOC emission rate) and a maximum cost
effectiveness. A TRE index value of less than or equal to 1.0,
calculated by using the specific stream characteristics, ensures that
the stream could be effectively controlled further by a combustion
device without an unreasonable cost burden. The use of the TRE index
applicability measure provides an incentive for pollution prevention by
letting a facility consider alternatives to installing add-on control
devices. Facilities can choose to
[[Page 11837]]
improve product recovery so that the calculated TRE index falls above
the cutoff value of 1.0.
The technology underlying RACT for SOCMI reactor processes and
distillation operations processes is combustion via either thermal
incineration or flaring. These control techniques generally achieve the
highest emission reduction among demonstrated VOC technologies. The EPA
believes that a thermal incinerator that is well operated and
maintained according to manufacturer's specifications can achieve at
least 98 percent control efficiency, by weight. Likewise, flares that
conform with the design and operating specifications set forth in 40
CFR 60.18, can achieve at least 98 percent control, by weight, of VOC
emissions.
II. Analysis of State Submittal
The Illinois SOCMI rules affect vent streams associated with
reactor processes and distillation operations that manufacture a SOCMI
chemical, as listed in Appendix A of Illinois' Rules and Regulations
for Air Pollution Control (35 Ill.Adm.Code 218 and 219), if the
chemical is a ``primary product.'' The rules exclude any reactor or
distillation unit that (1) is part of a polymer manufacturing
operation, (2) is included in a batch operation, (3) has a total design
capacity of less than 1,100 tons per year for the primary product, (4)
has a primary product not listed in Appendix A, (5) has a vent stream
VOC concentration of less than 500 parts per million by volume or a
flow rate of less than 0.0085 standard cubic meter per minute, or (6)
is included in the hazardous air pollutants early reduction program, as
specified in 40 CFR Part 63 and published at 50 FR 60970 on October 22,
1993. Any other process vent stream from a reactor process or
distillation operations process in SOCMI that does not satisfy the
above exclusion criteria must perform a TRE determination. If the TRE
index value, calculated at a point immediately after the associated
recovery device, is less than or equal to 1.0, then VOC emissions (less
methane and ethane) must be reduced by 98 percent by weight or to 20
parts per million by volume, on a dry basis, corrected to 3 percent
oxygen. The compliance date in the Illinois rules is March 15, 1996.
While Illinois' SOCMI reactor and distillation rules generally
require RACT level control efficiencies, the rules' applicability
provision is significantly less stringent than RACT for two reasons.
The first is the concept of ``primary product'' as defined in the State
rules, and the second is the list of SOCMI chemicals provided in the
State rules.
``Primary product,'' as defined in at 35 Ill.Adm.Code 211.5065,
means the ``product with the greatest annual design capacity on a mass
basis;'' or in the case of a flexible operation unit, the product which
is produced for the greatest annual operating time. Section 218/
219.431(a)(1) of the Illinois rules states that sources are only
subject if one of the listed chemicals is produced as the primary
product. RACT, as specified in the CTG, requires sources to comply if
they produce one or more SOCMI chemicals as intermediates or final
products. Illinois' rules are less stringent than RACT because the
production of SOCMI chemicals as intermediates does not contribute to
applicability. Section 218.431(a)(2), however, provides an exception to
this provision for Stepan Company's Millsdale facility is an exception
to this provision (see June 17, 1997, Federal Register, 62 FR 32694).
Section 218.431(a)(2) states that all continuous reactor process and
distillation operation emission units at Stepan Company's Millsdale
facility are subject, unless they are already subject to the State's
Air Oxidation Processes rules.
The place where the ``primary product'' concept makes the
applicability of the Illinois rules less stringent than that of RACT is
in Section 218/219.431(b)(4). This section exempts units that have a
design capacity of less than 1,100 tons per year of the primary
product, and exempts units, no matter how large, if the primary product
is not a SOCMI chemical. The CTG calls for this exemption to apply to
units with a design capacity of less than 1,100 tons per year of all
chemicals produced within the unit. Because of this language, the State
rules could exempt sources that would be covered under RACT, as
specified in the CTG. For example, if a source were producing 1,500
tons per year of chemicals, but only 1,000 tons of the primary product,
the source would be exempt under the State rules but would not be
exempt under RACT level rules. Also, if a source produced 4,000 tons of
a SOCMI chemical, it could still be exempted from the Illinois rules if
it also produced 5,000 tons of a non-SOCMI primary product.
The concept of ``primary product'' can also be found in other
places in the State rules. The definition of ``Chemical Manufacturing
Process Unit'' (section 211.980) states that a chemical manufacturing
process unit is identified by its primary product. This definition
further clarifies the rules' intent that units producing SOCMI
chemicals, but not as the primary product, be exempt from control
requirements.
The second concern with the State rules is the list of SOCMI
chemicals contained in 35 Ill.Adm.Code 218, Appendix A. The list of
chemicals in this appendix is referenced in the State SOCMI reactor and
distillation rules for applicability purposes. In other words, for a
unit to be covered under the State rules, its primary product must be a
chemical listed in Appendix A. The concern is that the list in Appendix
A does not match the list in the CTG. The result is that a large
percentage of the chemicals which would be covered under RACT are not
covered by the Illinois rules. (Note that 35 IAC 218, Appendix A, is
not part of this rulemaking action. It was previously approved by the
EPA on September 9, 1994, at 59 FR 46562).
It is not totally clear how these deviations from RACT will affect
the general applicability of the Illinois rules, as compared to a RACT-
level rule. However, IEPA has analyzed air permit information for the
Monsanto Sauget facility to determine whether any SOCMI reactor or
distillation unit at the facility has been inadvertently left out of
RACT controls because of the differences between the State rules'
applicability criteria and the CTG. IEPA provided documentation on
October 1, 1996, indicating the source has two SOCMI reactors which
meet the SOCMI CTG applicability criteria, both of which are covered
under the State rules. Therefore, in respect to the Monsanto Sauget
facility, the Illinois SOCMI reactor and distillation rules are as
stringent as RACT. All units at this facility which would be covered by
RACT-level rules are covered by the Illinois rules.
III. Final Rulemaking Action
The EPA approves, solely as it relates to Monsanto Chemical Group's
Sauget facility, the plan revision submitted to EPA by the State of
Illinois on May 5, 1995, and May 26, 1995, for SOCMI reactor processes
and distillation operations. While the limits contained in the State's
rules are generally of RACT stringency, the applicability is extremely
limited and may not apply to all sources which should be covered by
RACT rules. Illinois has shown, however, that the rules apply to all
sources at Monsanto Chemical Group's Sauget facility which are covered
under the CTG, and thus is approvable. The EPA has already taken action
on the Illinois rules as they apply to Stepan Company's Millsdale
facility (June 17, 1997, 62 FR 32694), and the EPA will take action on
the rules as they apply to
[[Page 11838]]
other facilities, and on the rules overall, at a later date.
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 written adverse or critical comments be filed. This
action will become effective without further notice unless the EPA
receives relevant adverse written comment on the parallel proposed rule
(published in the proposed rules section of this Federal Register) by
April 10, 1998. Should the EPA 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 May 11, 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 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. Section 804, however, exempts from section 801 the
following types of rules: Rules of particular applicability; rules
relating to agency management or personnel; and rules of agency
organization, procedure, or practice that do not substantially affect
the rights or obligations of non-agency parties. 5 U.S.C. 804(3). EPA
is not required to submit a rule report regarding today's action under
section 801 because this is a rule of particular applicability.
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 May 11, 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, Intergovermental relations, Reporting and recordkeeping
requirements.
Dated: February 24, 1998.
Michelle D. Jordan,
Acting Regional Administrator, Region 5.
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)(138) to read
as follows:
Sec. 52.720 Identification of plan.
* * * * *
(c) * * *
(138) On May 5, 1995, and May 26, 1995, the State of Illinois
submitted State Implementation Plan (SIP) revision requests for reactor
processes and distillation operation processes in the Synthetic Organic
Chemical Manufacturing Industry as part of the State's control measures
for Volatile Organic Material emissions for the Metro-East (East St.
Louis) area. This State Implementation Plan revision request is
approved as it applies to Monsanto Chemical Group's Sauget Facility.
(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, 211.980 Chemical Manufacturing Process Unit, 211.1780
Distillation Unit, 211.2365 Flexible Operation Unit, 211.5065 Primary
Product, amended at 19 Ill. Reg. 6823, effective May 9, 1995.
(B) Part 219: Organic Material Emission Standards and Limitations
for the Metro East Area, Subpart Q: Synthetic Organic Chemical and
Polymer Manufacturing Plant, Sections 219.431 Applicability, 219.432
Control Requirements, 219.433 Performance and Testing Requirements,
219.434 Monitoring Requirements, 219.435 Recordkeeping and Reporting
Requirements, 219.436 Compliance Date, 219.Appendix G, TRE Index
[[Page 11839]]
Measurement for SOCMI Reactors and Distillation Units, amended at 19
Ill. Reg. 6958, effective May 9, 1995.
* * * * *
[FR Doc. 98-6098 Filed 3-10-98; 8:45 am]
BILLING CODE 6560-50-U
