[Federal Register Volume 60, Number 161 (Monday, August 21, 1995)]
[Rules and Regulations]
[Pages 43386-43388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20646]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IL12-41-6909; FRL-5281-7]
Approval and Promulgation of Implementation Plans; Illinois
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
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SUMMARY: On June 29, 1990, the United States Environmental Protection
Agency (USEPA) promulgated Federal stationary source volatile organic
compound (VOC) control measures representing reasonably available
control technology (RACT) for emission sources located in six
northeastern Illinois (Chicago area) counties: Cook, DuPage, Kane,
Lake, McHenry and Will. The USEPA also took final rulemaking action on
certain VOC RACT rules previously adopted and submitted by the State of
Illinois for inclusion in its State Implementation Plan (SIP). Included
in the USEPA's rules was a requirement that the Viskase Corporation's
(Viskase) cellulose food casing facility in Bedford Park (Cook County)
be subject to the ``generic'' rule for miscellaneous fabricated product
manufacturing processes and the ``generic'' rule for miscellaneous
formulation manufacturing processes. On July 19, 1990, Viskase
requested that USEPA reconsider its rules as applicable to Viskase's
operations and, as a result, the USEPA convened a proceeding for
reconsideration. On May 31, 1991, USEPA also issued a stay of the
applicable rules pending reconsideration. On November 18, 1994, USEPA
proposed to promulgate site-specific RACT control requirements for
Viskase's operations. In addition, USEPA proposed to disapprove an
``Adjusted RACT standard'' for Viskase submitted by Illinois on
February 24, 1989. Finally, USEPA proposed to withdraw the May 31, 1991
stay. In this rule, the USEPA is taking final action consistent with
its proposal.
EFFECTIVE DATE: This rule is effective on September 20, 1995.
ADDRESSES: The docket for this action (Docket No. A-93-37), which
contains the public comments, is located for public inspection and
copying at the following addresses. We recommend that you contact
Fayette Bright (312/886-6069) before visiting the Chicago location and
Rachel Romine (202/245-3639) before visiting the Washington, D.C.
location. A reasonable fee may be charged for copying.
U.S. Environmental Protection Agency, Region 5, Regulation Development
Branch, 18th Floor, Southwest, 77 West Jackson Blvd., Chicago, Illinois
60604.
Office of Air and Radiation Docket and Information Center (Air Docket
6102), U.S. Environmental Protection Agency, Docket No. A-93-37, Room
M1500, Waterside Mall, 401 M Street, S.W., Washington, D.C. 20460.
FOR FURTHER INFORMATION CONTACT: Steven Rosenthal, Regulation
Development Branch, United States Environmental Protection Agency,
Region 5, (312) 886-6052, at the Chicago address indicated above.
SUPPLEMENTARY INFORMATION: USEPA's November 18, 1994 proposal discusses
in detail the background related to the present rulemaking. 59 FR
59734. This includes a discussion of the applicable regulatory history,
as well as the settlement agreement in Wisconsin v. Reilly, No. 87-C-
0395 (E.D. Wis. 1987), which required USEPA to promulgate an ozone
implementation plan for northeastern Illinois. The proposal also
discusses the rationale for USEPA's determination that the Adjusted
RACT limit for Viskase submitted by Illinois on February 24, 1989 was
not consistent with the Clean Air Act, due to the exclusion of daily
emission limits and recordkeeping requirements which would make the
RACT limits enforceable. As a result, USEPA proposed a site-specific
RACT requirement generally consistent with the State submission, but
containing the necessary daily emission limits and appropriate
recordkeeping requirements. On December 19, 1994, Viskase submitted
comments that supported the proposed RACT rule and urged its adoption
in final rulemaking.
As a result, USEPA has concluded that RACT for Viskase consists of
the following:
(1) Volatile Organic Material (VOM) emissions shall never exceed
3.30 tons per day.
(2) VOM emissions shall not exceed 2.22 tons per day, on a monthly
average, during June, July, and August.
(3) VOM emissions shall not exceed 2.44 tons per day during June,
July, and August.
(4) Compliance with the emission limits in items 1-3 above, and the
records in item 5 below, shall be determined using an emission factor
of ``0.72 pounds of VOM emissions per pound of carbon disulfide
consumed.''
(5) Viskase must keep the following daily records:
(a) The pounds of carbon disulfide per charge for its fibrous
process. If charges with different levels of carbon disulfide per
charge are used the same day, a separate record must be kept for each
level of carbon disulfide per charge.
(b) The pounds of carbon disulfide per charge for its NOJAX
process. If charges with different levels of carbon disulfide per
charge are used the same day, a separate record must be kept for each
level of carbon disulfide per charge.
(c) The number of charges per day, for each level of carbon
disulfide per charge, used in Viskase's Fibrous process.
(d) The number of charges per day, for each level of carbon
disulfide per charge, used in Viskase's NOJAX process.
(e) The total quantity of carbon disulfide used per day in
Viskase's Fibrous process, the total quantity of carbon disulfide used
per day in Viskase's NOJAX process, and the daily VOM emissions
resulting from use of the carbon disulfide.
(f) The monthly use of carbon disulfide, and the monthly VOM
emissions resulting from use of the carbon disulfide, during June,
July, and August.
(6) Any violation of the emission limits in items 1, 2, or 3 above
must be reported to USEPA within 30 days of its occurrence.
(7) In order to determine daily and monthly VOM emissions, the test
methods in section 52.741(a)(4) may be used in addition to, and take
precedence over, the emission factor cited in item 4 above. Method 15
is to be used instead of Methods 18, 25, and 25A when the test methods
in section 52.741(a)(4) are
[[Page 43387]]
used to determine VOM emissions from Viskase's cellulose food casing
facility.
Compliance with these requirements is required three months from
the date this action becomes final. This will allow time for Viskase to
develop its recordkeeping procedures.
Summary and Conclusions
This rule takes final action to disapprove the requested SIP
revision submitted by Illinois Environmental Protection Agency because
of the reasons provided in the November 18, 1994 proposal. USEPA is
also promulgating RACT VOC emission limits generally consistent with
what was adopted by the Illinois Pollution Control Board. However,
USEPA has added daily emission limits and recordkeeping requirements
which will make the RACT limits enforceable. In addition, USEPA is
withdrawing the May 31, 1991, stay.
USEPA is taking this action pursuant to its authority under section
110(k)(6) of the Act to correct through rulemaking any plan or plan
revision.1 USEPA is interpreting this provision to authorize the
Agency to make corrections to a promulgated regulation when it is shown
to USEPA's satisfaction that the information made available to the
Agency at the time of promulgation is subsequently demonstrated to have
been clearly inadequate, and other information persuasively supports a
change in the regulation. See 57 FR 6762 at 6763 (November 30, 1992).
In this case, the information made available to USEPA during the
rulemaking for Viskase was inadequate for the development of a site-
specific RACT determination.2
\1\ Since USEPA is taking this action pursuant to section
110(k)(6), USEPA believes that section 193 of the Act (the savings
clause) is inapplicable. By its terms, section 110(k)(6) does not
require any additional submission or evidence. Section 193 requires
an assurance of equivalency for any revision and, in order to
provide for equivalency, the State would need to provide for
compensating reductions. USEPA believes that this conflict should be
resolved concluding that section 110(k)(6) is not constrained by the
savings clause requirement of equivalent reductions. USEPA believes
that the State and the sources within the State should not have to
bear the burden of additional reductions where USEPA lacked
important site-specific information at the time of an initial
promulgation. This is particularly true in the case of FIPs, where
USEPA takes the lead in developing the regulations and is not merely
acting on State-submitted regulations.
\2\ As discussed in the Notice of Proposed Rulemaking, USEPA was
required to promulgate the June 29, 1990, regulations under the
tight timeframe ordered by the Court in Wisconsin v. Reilly.
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Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., the
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, the 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.
This action involves only one source, Viskase Corporation. Viskase
is not a small entity. Therefore, the USEPA certifies that this RACT
promulgation does not have a significant impact on a substantial number
of small entities.
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 October 20, 1995. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purpose of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectivenes of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements (see section 307(b)(2)).
Under Section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, the
USEPA must prepare a budgetary impact statement to accompany 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. Under
Section 205, the USEPA must select the most cost-effective and least
burdensome alternative that achieves the objectives of the rule and is
consistent with statutory requirements. Section 203 requires the USEPA
to establish a plan for informing and advising any small governments
that may be significantly or uniquely impacted by the rule.
The USEPA has determined that the approval action promulgated today
does not include a Federal mandate that may result in estimated costs
of $100 million or more to either State, local, or tribal governments
in the aggregate, or to the private sector.
The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order 12866 review.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Intergovernmental relations, Ozone.
Dated: August 7, 1995.
Carol M. Browner,
Administrator.
For reasons set forth 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 52.741 is amended by adding paragraph (u)(8) and
removing and reserving paragraph (z)(1) to read as follows:
Sec. 52.741 Control strategy: Ozone control measures for Cook, DuPage,
Kane, Lake, McHenry, and Will Counties.
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(u) * * *
(8) The control, recordkeeping and reporting requirements in this
paragraph apply to the cellulose food casing manufacturing operations
at the Viskase Corporation plant in Bedford Park, Illinois (Cook
County) instead of the requirements in paragraph (v) of this section,
the other parts of paragraph (u) of this section, and the recordkeeping
requirements in paragraph (y) of this section. Unless otherwise stated,
the following requirements must be met by Viskase on and after November
21, 1995.
(i) VOM emissions shall never exceed 3.30 tons per day.
(ii) VOM emissions shall not exceed 2.22 tons per day, on a monthly
average, during June, July, and August.
(iii) VOM emissions shall not exceed 2.44 tons per day during June,
July, and August.
(iv) Compliance with the emission limits in paragraphs (u)(8) (i)
through (iii) of this section, and the records in paragraph (u)(8)(v)
of this section, shall be determined using an emission factor of ``0.72
pounds of VOM emissions per pound of carbon disulfide consumed.''
(v) Viskase must keep the following daily records:
(A) The pounds of carbon disulfide per charge for its Fibrous
process. If charges with different levels of carbon disulfide per
charge are used the same day, a separate record must be kept for each
level of carbon disulfide per charge.
(B) The pounds of carbon disulfide per charge for its NOJAX
process. If charges with different levels of carbon disulfide per
charge are used the same day, a separate record must be kept for
[[Page 43388]]
each level of carbon disulfide per charge.
(C) The number of charges per day, for each level of carbon
disulfide per charge, used in Viskase's Fibrous process.
(D) The number of charges per day, for each level of carbon
disulfide per charge, used in Viskase's NOJAX process.
(E) The total quantity of carbon disulfide used per day in
Viskase's Fibrous process, the total quantity of carbon disulfide used
per day in Viskase's NOJAX process, and the daily VOM emissions
resulting from use of the carbon disulfide.
(F) The monthly use of carbon disulfide, and the monthly VOM
emissions resulting from use of the carbon disulfide, during June,
July, and August.
(vi) Any violation of the emission limits in paragraphs (u)(8) (i)
through (iii) of this section must be reported to USEPA within 30 days
of its occurrence.
(vii) In order to determine daily and monthly VOM emissions, the
test methods in paragraph (a)(4) of this section may be used in
addition to, and take precedence over, the emission factor cited in
paragraph (u)(8)(iv) of this section. Method 15 is to be used instead
of Methods 18, 25, and 25A when the test methods in paragraph (a)(4) of
this section are used to determine VOM emissions from Viskase's
cellulose food casing facility.
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[FR Doc. 95-20646 Filed 8-18-95; 8:45 am]
BILLING CODE 6560-50-P
