[Federal Register Volume 62, Number 116 (Tuesday, June 17, 1997)]
[Rules and Regulations]
[Pages 32694-32697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15848]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IL127-1a; FRL-5841-1]
Approval and Promulgation of Implementation Plan; Illinois
AGENCY: Environmental Protection Agency.
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
United States Environmental Protection Agency (EPA) for reactor
processes and distillation operation processes in the Synthetic Organic
Chemical Manufacturing Industry (SOCMI) as part of the State's control
measures for Volatile Organic Material (VOM) emissions for 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 one of the 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 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. The control measures
specified in this SOCMI SIP revision are not expected by Illinois to
further reduce VOC (VOM) emissions in the Chicago area, or in the
Metro-East area, because Illinois has identified only two sources which
meet the applicability criteria, and Illinois states that the sources
are already in compliance with the State's SOCMI rules. This rulemaking
action only addresses compliance with the RACT requirement for one
source, Stepan Company's Millsdale facility. The EPA is approving the
State Implementation Plan (SIP) revision request submitted by the State
of Illinois as it applies to Stepan Company's Millsdale Facility.
Action on the revision request as it applies to other subject
facilities, and on the overall revision request, will be taken at a
future time.
EFFECTIVE DATE: The ``direct final'' approval shall be effective on
August 18, 1997, unless EPA receives adverse or critical comments by
July 17, 1997. If the effective date is delayed, timely notice will be
published in the Federal Register.
ADDRESSES: Copies of the revision request and EPA's analysis 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 David Pohlman at (312) 886-3299 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
[[Page 32695]]
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
FOR FURTHER INFORMATION CONTACT: David Pohlman at (312) 886-3299.
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
processes. 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 proposed 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 5, 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 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 processes,
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 the
facilities' 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 improve product recovery so that the
calculated TRE index falls above the cutoff value of 1.0.
The technology underlaying 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
continuous reactor and distillation operation processes that
manufacture a SOCMI chemical, as listed in Appendix A of Illinois'
Rules and Regulations for Air Pollution Control (35 IAC 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 rule 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 IAC 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
[[Page 32696]]
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' rule is less stringent than RACT because the
production of SOCMI chemicals as intermediates does not contribute to
applicability. Stepan Company's Millsdale facility is an exception to
this provision. Section 218.431(a)(2) states that all continuous
distillation and reactor process 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) of the Illinois rules. This section
exempts units that have a design capacity of less than 1100 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 1100
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 1500 tons per year of chemicals, but only 1000 tons of
the primary product, the source would be exempt under the State rule
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 other places
in the State rule. 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 rule's intent that units producing SOCMI chemicals, but
not as the primary product, be exempt from control requirements.
The second problem with the State rules is the list of SOCMI
chemicals contained in 35 IAC 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 problem 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 rule, as compared to a RACT-
level rule. However, documentation submitted by the IEPA and by Stepan
Company show that, for Stepan Company's Millsdale Facility, the
Illinois SOCMI reactor and distillation rule is as stringent as RACT.
All units at this facility which would be covered by a RACT-level rule
are covered by the Illinois rule.
III. Final Rulemaking Action
The EPA approves, solely as it relates to Stepan Company's
Millsdale facility, the plan revision submitted to EPA by the State of
Illinois on May 5, 1995, and May 26, 1995, for reactor processes and
distillation operations processes in SOCMI. While the limits contained
in the rule are generally of RACT stringency, the rule's applicability
is extremely limited and may not apply to all sources which should be
covered by RACT rules. Illinois has shown, however, that the rule
applies to all sources at Stepan Company's Millsdale facility which
would be covered by a RACT rule, and is thus approvable. The EPA will
take action on other aspects of the submittal 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 adverse or critical comments be filed. This action will be
effective on August 18, 1997 unless, by July 17, 1997, adverse or
critical comments are received.
If the EPA receives such comments, this action will be withdrawn
before the effective date by publishing a subsequent rulemaking that
will withdraw the final action. All public comments received will be
addressed in a subsequent final rule based on this action serving as a
proposed rule. The EPA will not institute a second comment period on
this action. 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 August 18, 1997.
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
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995, memorandum from Mary D. Nichols, Assistant Administrator
for Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from Executive Order 12866 review.
B. Regulatory Flexibility
Under the Regulatory Flexibility Act, 5 U.S.C. section 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. sections 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
[[Page 32697]]
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. 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 August 18, 1997. 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.
Dated: May 9, 1997.
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)(134) to read
as follows:
Sec. 52.720 Identification of plan.
* * * * *
(c) * * *
(134) On May 5, 1995, and May 26, 1995, the State of Illinois
submitted a State Implementation Plan revision request to the United
States Environmental Protection Agency 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 (VOM) emissions for 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. This plan was submitted to meet the Clean Air Act requirement for
States to adopt Reasonably Available Control Technology rules for
sources that are covered by Control Techniques Guideline documents. The
EPA approves the State Implementation Plan revision request as it
applies to Stepan Company's Millsdale 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.
(B) Part 218: Organic Material Emission Standards and Limitations
for the Chicago Area, Subpart Q: Synthetic Organic Chemical and Polymer
Manufacturing Plant, Sections 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, 218 Appendix G, TRE Index
Measurement for SOCMI Reactors and Distillation Units, amended at 19
Ill. Reg. 6848, effective May 9, 1995.
[FR Doc. 97-15848 Filed 6-16-97; 8:45 am]
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