[Federal Register Volume 61, Number 64 (Tuesday, April 2, 1996)]
[Rules and Regulations]
[Pages 14484-14487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7904]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IL120-1-6819a; FRL-5424-4]
Approval and Promulgation of Implementation Plans; Illinois
AGENCY: United States Environmental Protection Agency (USEPA).
ACTION: Direct final rule.
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SUMMARY: On May 23, 1995, and June 7, 1995, the Illinois Environmental
Protection Agency (IEPA) submitted an adopted rule and supporting
information for the control of batch processes as a requested State
Implementation Plan (SIP) revision. This rule is part of the State's
control measures for volatile organic compound (VOC) emissions, for the
Chicago and East St. Louis ozone nonattainment areas, and is intended
to satisfy part of the requirements of section 182(b)(2) of the Clean
Air Act (Act), as amended in 1990. VOCs are 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. This
regulation requires a reasonably available control technology (RACT)
level of control for batch processes, as required by the amended Act.
In this document, USEPA is approving Illinois' rule. The rationale for
the approval is set forth in this final rule; additional information is
available at the address indicated below. Elsewhere in this Federal
Register USEPA is proposing approval and soliciting public comment on
this requested revision to the SIP. If adverse comments are received on
this direct final rule, USEPA will withdraw the final rule and address
the comments received in a new final rule. Unless this final rule is
withdrawn, no further rulemaking will occur on this requested SIP
revision.
DATES: This final rule is effective June 3, 1996, unless adverse
comments are received by May 2, 1996. If the effective date is delayed,
timely notice will be published in the Federal Register.
ADDRESSES: Written comments can be mailed to: J. Elmer Bortzer, Chief,
Regulation Development Section, Air Programs Branch (AR-18J), Air and
Radiation Division, U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois, 60604.
Copies of the SIP revision request are available for inspection at
the following address: (It is recommended that you telephone Steven
Rosenthal at (312) 886-6052, before visiting the Region 5 office.)
U.S. Environmental Protection Agency, Region 5, Air and Radiation
Division, 77 West Jackson Boulevard, Chicago, Illinois, 60604.
FOR FURTHER INFORMATION CONTACT: Steven Rosenthal, Air Programs Branch
(AR-18J) (312) 886-6052.
SUPPLEMENTARY INFORMATION:
Background
Under the Act, as amended in 1977, ozone nonattainment areas were
required to adopt RACT for sources of VOC emissions. USEPA issued three
sets of control technique guidelines (CTGs) documents, establishing a
``presumptive norm'' for RACT for various categories of VOC sources.
The three sets of CTGs were (1) Group I--issued before January 1978 (15
CTGs); (2) Group II--issued in 1978 (9 CTGs); and (3) Group III--issued
in the early 1980's (5 CTGs). Those sources not covered by a CTG were
called non-CTG sources. USEPA determined that an area's SIP-approved
attainment date established which RACT rules the area needed to adopt
and implement. In those areas where the State sought an extension of
the attainment date under section 172(a)(2) to as late as December 31,
1987, RACT was required for all CTG sources and for all major (100 tons
per year or more of VOC emissions under the pre-amended Act) non-CTG
sources. Illinois sought and received such an extension for the Chicago
area.
Section 182(b)(2) of the Act as amended in 1990 requires States to
adopt RACT rules for all areas designated nonattainment for ozone and
classified as moderate or above. There are three parts to the section
182(b)(2) RACT requirement: (1) RACT for sources covered by an existing
CTG--i.e., a CTG issued prior to the enactment of the amended Act of
1990; (2) RACT for sources covered by a post-enactment CTG; and (3) all
major sources not covered by a CTG. These section 182(b)(2) RACT
requirements are referred to as the RACT ``catch-up'' requirements.
Section 183 of the amended Act requires USEPA to issue CTGs for 13
source categories by November 15, 1993. A CTG was published by this
date for two source categories--Synthetic Organic Chemical
Manufacturing Industry (SOCMI) Reactors and Distillation; however, the
CTGs for the remaining source categories have not been completed. The
amended Act requires States to submit rules for sources covered by a
post-enactment CTG in accordance with a schedule specified in a CTG
document. Accordingly, States must submit a RACT rule for SOCMI reactor
processes and distillation operations before March 23, 1994.
The USEPA created a CTG document as Appendix E to the General
Preamble for the Implementation of Title I of the Clean Air Act
Amendments of 1990. (57 FR 18070, 18077, April 28, 1992). In Appendix
E, USEPA interpreted the Act to allow a State to submit a non-CTG rule
by November 15, 1992, or to defer submittal of a RACT rule for sources
that the State anticipated would be covered by a post-enactment CTG,
based on the list of CTGs USEPA expected to issue to meet the
requirement in section 183. Appendix E states that if USEPA fails to
issue a CTG by November 15, 1993 (which it did for 11 source
categories), the responsibility shifts to the State to submit a non-CTG
RACT rule for those sources by November 15, 1994. In accordance with
section 182(b)(2), implementation of that RACT rule should occur by May
31, 1995.
[[Page 14485]]
On May 23, 1995, and June 7, 1995, IEPA submitted adopted VOC rules
and supporting information for the control of batch processes in the
Chicago ozone severe nonattainment area and the Metro-East (East St.
Louis) ozone moderate nonattainment area. These rules were intended to
satisfy, in part, the major non-CTG control requirements of section
182(b)(2).
Evaluation of Rules
Subpart B: Definitions
Illinois has added the following four definitions to Subpart B:
``Batch Operation,'' ``Batch Process Train,'' ``Process Vent,'' and
``Single Unit Operation.'' These definitions accurately describe the
specified terms and are necessary for implementation of the batch
process rules. These definitions are, therefore, approvable.
Subpart V: Batch Operations and Air Oxidation Processes
Subpart V of Part 218 (for the Chicago area) and Part 219 (for the
East St. Louis area) have been amended with rules covering batch
processes. USEPA guidance on batch processes is contained in ``Control
of Volatile Organic Compound Emissions from Batch Processes--
Alternative Control Techniques Information Document'' (ACT).
Section 218/219.500 Applicability for Batch Operations--This rule
applies to process vents associated with batch operations at sources
identified by specified standard industrial classification (SIC) codes
and to all batch operations at Stepan Company's Millsdale manufacturing
facility in Elwood, Illinois. This rule does not apply to any emission
unit included within the category specified in Subpart B: Organic
Emissions from Storage and Loading Operations and Subpart T:
Pharmaceutical Operations. A July 28, 1995, letter from Bharat Mathur,
Chief, Bureau of Air for IEPA, to Stephen Rothblatt, Chief Regulation
Development Branch for Region 5 USEPA clarifies that ``* * * for
purposes of the rule for Batch Operations, otherwise applicable unit
operations within a batch process remain subject to Subpart V (and not
B), even if the unit operation performs what could be considered
storage as some part of its operation. More specifically, those unit
operations which form the batch process train are covered by Subpart
V.'' The rule also does not apply to Air Oxidation processes, which are
regulated by sections 218/520-526, and emission units included within
an Early Reduction Program (as specified in 40 CFR Part 63) with a
timely enforceable commitment approved by USEPA. Any single unit
operation within a batch operation and any batch process train
containing process vents with de minimis emissions are exempt from the
control requirements of this Subpart.
The applicability equations in subsection (e) of Sections 218/
219.500, which require the calculation of uncontrolled total annual
mass emissions and flow rate value, are used to determine whether a
single unit operation or a batch process train is subject to the
control requirements in Sections 218/219.501. These applicability
equations, which are consistent with the equations in the ACT,
establish which vent streams are feasible to control.
Section 218/219.501 Control Requirements for Batch Operations--Any
individual unit operation within a batch process train determined to be
subject to these control requirements must reduce uncontrolled VOC
emissions by an overall efficiency of at least 90 percent or emit less
than 20 parts per million by volume (ppmv). Similarly, any batch
process train determined to be subject to these control requirements
must reduce uncontrolled VOC emissions by an overall efficiency of at
least 90 percent or emit less than 20 parts per million by volume
(ppmv). The ppmv limit is also clarified in IEPA's July 28, 1995,
letter. If a source has installed a control device prior to March 15,
1995, that source can meet an 81 percent control efficiency--as opposed
to 90 percent--until no later than December 31, 1999, at which time the
90 percent/20 ppmv requirement is put into effect. These control
requirements are generally consistent with the guidance in USEPA's ACT
document.
Section 218/219.502 Determination of Uncontrolled Total Annual mass
Emissions and Average Flow Rate Values for Batch Operations--This
section establishes the way in which total annual mass emissions and
average flowrate are to be determined. These parameters are used to
establish applicability of the control requirements to single unit
batch operation and a batch process train.
Section 218/219.503 Performance and Testing Requirements for Batch
Operations--Batch Operations must be run at representative operating
conditions and flow rates during any performance test and the methods
in 40 CFR 60 Appendix A must be used to determine compliance with the
percent reduction efficiency and ppmv requirement in Section 501.
Subsection 503(h) allows ``an alternative test method or procedures to
demonstrate compliance with the control requirements set forth in
Section 501 of this Subpart. Such method or procedures shall be
approved by the Agency and USEPA as evidenced by federally enforceable
permit conditions.'' The procedures for USEPA's review and approval of
these alternative test methods and procedures are specified in a
September 13, 1995, letter from IEPA to Region 5 of the USEPA.
Section 218.504 Monitoring requirements for Batch Operations--This
section specifies monitoring devices and parameters to be measured--
depending upon the control device used. Subsection 504(g) allows a
source to monitor by an alternative method and to monitor parameters
other than those listed in subsections (a) through (f) in this section.
``Such alternative method or parameters shall be contained in the
source's operating permit as federally enforceable permit conditions.''
The procedures for USEPA's review and approval of these alternative
monitoring methods and parameters are specified in a September 13,
1995, letter from IEPA to Region 5 of the USEPA.
Section 218/219.505--Reporting and Recordkeeping for Batch
Operations--Sources that are exempt because their emissions are lower
than the cut-off must keep records of, and document, their total annual
mass emissions and average flowrate. Sources subject to the control
requirements in Section 501 must keep the records specified in
Subsection 505(c) (which are dependent upon the type of control device
in use). Subsection 505(e) allows a source to maintain alternative
records other than those listed in subsection 505(c) and states ``Any
alternative recordkeeping shall be approved by the Agency and USEPA and
shall be contained in the source's operating permit as federally
enforceable permit conditions.'' The procedures for USEPA's review and
approval of these alternative monitoring methods and parameters are
specified in a September 13, 1995, letter from IEPA to Region 5 of
USEPA.
Section 218/219.506 Compliance Date--Compliance with this rule is
required by March 15, 1996.
Final Rulemaking Action
Illinois' rules for batch operations are generally consistent with
USEPA's guidance in the ACT for this category and are therefore
considered to constitute RACT. USEPA therefore approves these rules in
Part 218 (for the Chicago ozone nonattainment area), in
[[Page 14486]]
Part 219 (for the East St. Louis ozone nonattainment area) and the
related definitions in Part 211 that were submitted on May 23, 1995,
and June 7, 1995.
Because USEPA considers this action noncontroversial and routine,
we are approving it without prior proposal. The action will become
effective on June 3, 1996. However, if we receive adverse comments by
May 2, 1996, then USEPA will publish a document that withdraws this
final action. If no request for a public hearing has been received,
USEPA will address the public comments received in a new final rule on
the requested SIP revision based on the proposed rule located in the
proposed rules section of this Federal Register. If a public hearing is
requested, USEPA will publish a document announcing a public hearing
and reopening the public comment period until 30 days after the public
hearing. At the conclusion of this additional public comment period,
USEPA will publish a final rule responding to the public comments
received and announcing final action.
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, former Acting Assistant
Administrator for the Office of Air and Radiation. A July 10, 1995,
memorandum from Mary D. Nichols, Assistant Administrator for the Office
of Air and Radiation explains that the authority to approve/disapprove
SIPs has been delegated to the Regional Administrators for Table 3
actions. 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
then $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).
Final Rule: Direct Final Approval of Illinois' Batch Operations
Rules. Page 11 of 13.
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 June 3, 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, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Ozone,
Reporting and recordkeeping requirements.
Dated: January 17, 1996.
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)(121) to read
as follows:
Sec. 52.720 Identification of plan.
* * * * *
(c) * * *
(121) On May 23, 1995, and June 7, 1995, the State submitted
volatile organic compound control regulations for incorporation in the
Illinois State Implementation Plan for ozone.
(i) Incorporation by reference.
(A) Title 35: Environmental Protection, Subtitle B: Air Pollution,
Chapter I: Pollution Control Board, Subchapter c: Emission Standards
and Limitations for Stationary Sources, Part 211: Definitions and
General Provisions, Subpart B: Definitions, Sections 211.695, 211.696,
211.5245, 211.6025. These sections were adopted on May 4, 1995, Amended
at 19 Ill. Reg. 7344, and effective May 22, 1995.
(B) Title 35: Environmental Protection, Subtitle B: Air Pollution,
[[Page 14487]]
Chapter I: Pollution Control Board, Subchapter c: Emission Standards
and Limitations for Stationary Sources, Part 218: Organic Material
Emission Standards and Limitations for the Chicago Area, Subpart V:
218.500, 218.501, 218.502, 218.503, 218.504, 218.505, 218.506. These
sections were adopted on May 4, 1995, Amended at 19 Ill. Reg. 7359, and
effective May 22, 1995.
(C) Title 35: Environmental Protection, Subtitle B: Air Pollution,
Chapter I: Pollution Control Board, Subchapter c: Emission Standards
and Limitations for Stationary Sources, Part 219: Organic Material
Emission Standards and Limitations for the Metro East Area, Subpart V:
219.500, 219.501, 219.502, 219.503, 219.504, 219.505, 219.506. These
sections were adopted on May 4, 1995, Amended at 19 Ill. Reg. 7385, and
effective May 22, 1995.
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[FR Doc. 96-7904 Filed 4-1-96; 8:45 am]
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