96-7904. Approval and Promulgation of Implementation Plans; Illinois  

  • [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    withdrawn, no further rulemaking will occur on this requested SIP 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.
    * * * * *
    [FR Doc. 96-7904 Filed 4-1-96; 8:45 am]
    BILLING CODE 6560-50-P
    
    

Document Information

Effective Date:
6/3/1996
Published:
04/02/1996
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Direct final rule.
Document Number:
96-7904
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.
Pages:
14484-14487 (4 pages)
Docket Numbers:
IL120-1-6819a, FRL-5424-4
PDF File:
96-7904.pdf
CFR: (1)
40 CFR 52.720